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08 August 23, 1999 Budget & Implementation
RIVERSIDE COUNTY TRANSPORTA TION COMMISSION • • BUDGET AND IMPLEMENTATION COMMITTEE AGENDA DATE: Monday, August 23, 1999 TIME: 2:30 p.m. LOCATION: Riverside County Transportation Commission 3560 University Avenue, Suite 100 Riverside, CA 92501 RECORDS City of La Quinta City Hall (Video Conference Location) 78-495 Calle Tampico, La Quinta 92253 - Session Room Budget and Implementation Committee Members Jim Venable / County of Riverside, Chairman Ron Roberts / City of Temecula, Vice Chair John Hunt / City of Banning Gregory S. Pettis / City of Cathedral City Juan DeLara / City of Coachella Andrea Puga / City of Corona John Pena / City of La Quinta Kevin Pape / City of Lake Elsinore Frank West / City of Moreno Valley Don Yokaitis / City of Rancho Mirage Alex Clifford / City of Riverside Tom Mullen / County of Riverside John Tavaglione / County of Riverside Jim Smedley / City of San Jacinto Eric Haley, Executive Director Dean Martin, Chief Financial Officer BUDGET AND IMPLEMENTATION COMMITTEE 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, SB 821, SAFE/Freeway Service Patrol and Other Areas as may be prescribed by the Commission) Comments are welcomed by the Committee. If you wish to provide comments to the Commission, please complete and submit a Testimony Card to the Clerk of the Committee. • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE http://www.rctc.org 3560 University Avenue - Riverside, CA 92501 Conference Room A PARK IN THE PARKING GARAGE ACROSS FROM THE POST OFFICE ON ORANGE STREET MONDAY, AUGUST 23, 1999 AGENDA* *Actions may be taken on any item listed on the agenda 1. CALL TO ORDER 2. PUBLIC COMMENTS 3. APPROVAL OF MINUTES (June 28, 1999) 4. 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. 4A. QUARTERLY CALL BOX UPDATE - P. 1 Receive & file. 4B. QUARTERLY FINANCIAL STATEMENTS - P. 10 Receive & file. 4C. MONTHLY COST SCHEDULE REPORT - P. 15 Receive & file. 5. STATE & FEDERAL LEGISLATIVE UPDATE (10 Min) - P. 19 Receive & file. -2- • 6. COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE RIVERSIDE COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES FOR THE OPERATION OF A CONSTRUCTION FREEWAY SERVICE PATROL ON I-215/SR-60 IN RIVERSIDE COUNTY (5 Min) - P. 35 Approve the Agreement, subject to legal counsel, in the amount of $96,000. 7. AGREEMENT BETWEEN SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) AND RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) FOR THE PROVISION OF DISPATCH SERVICES IN THE SAN BERNARDINO CALIFORNIA HIGHWAY PATROL OFFICES (3 Min) - P. 43 Execute the Agreement between SANBAG and RCTC for dispatch services for Riverside County Motorist Aid CaII Box Program. 8. SURFACE TRANSPORTATION PROGRAM (STP) LOCAL PROGRAMS FOLLOW UP (3 Min) - P. 53 Approve the STP Local Program projects and ensure they are included in the Regional Transportation Improvement Program (RTIP). 9. FUND TRANSFER AGREEMENT 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. (3 Min) - P. 55 Approve the Agreement with the State of California Department, subject to legal counsel, in the amount of $918,500. • • -3- • • 10. AWARD OF CONSTRUCTION CONTRACT NO. RO-9969 FOR SOUND WALL #98 ALONG THE SOUTH SIDE OF ROUTE 91, BETWEEN JACKSON AND MONROE STREETS IN THE CITY OF RIVERSIDE (PHASE II SW) (5 Min) - P. 62 Following the review of bids (due August 17) by staff and legal counsel, a recommendation will be made to the Budget & Implementation Committee. 11. QUARTERLY Y2K STATUS REPORT (7 Min) - P. 72 Receive & file. 12. CITY OF NORCO - REQUEST TO REPROGRAM SURFACE TRANSPORTATION PROGRAM FUNDS (2 Min) - P. 75 Approve City of Norco's request to reprogram discretionary STP funds. 13. CONTRACT AWARD FOR FREEWAY SERVICE PATROL TOW TRUCK SERVICES (15 Min) - P. 77 Award a three-year contract to Pepe's Towing Service to provide tow truck service on Beat #25. 14. CONSTRUCTION AND MAINTENANCE AGREEMENTS WITH BN&SF FOR THE LA SIERRA AND WEST CORONA PEDESTRIAN OVER CROSSINGS (5 Min) - P. 82 Approve the agreement, subject to legal counsel, for La Sierra and West Corona Metrolink Station Pedestrian Over Crossings 15. ADJOURNMENT - The next meeting is scheduled to be held at 2:30 p.m. on Monday, September 27, 1999 at the RCTC offices. • • • • AGENDA ITEM 3 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET & IMPLEMENTATION COMMITTEE June 28, 1999 MINUTES 1. CALL TO ORDER. The meeting of the Budget and Implementation Committee was called to order at 2:40 p.m. by Chairman Jim Venable, at the offices of the Riverside County Transportation Commission, 3560 University Avenue, Suite 100, Riverside, Califomia and at the video conference location at the City of La Quinta, 78-495 Calle Tampico, La Quinta 92253. Self -introductions followed. Members Present: Members Absent: Alex Clifford John Hunt Tom Mullen Kevin Pape John Pena* Gregory Pettis* Andrea Puga Ron Roberts John Tavaglione Jim Venable Frank West Donald F. Yokaitis Juan DeLara Jim Smedley ' Attended meeting at the video conferencing site. 2. PUBLIC COMMENTS. There were no public comments at this time. 3. APPROVAL OF MINUTES M/S/C (Puga/Mullen) to approve the May 24, 1999 minutes as amended reflecting that Commissioner Gregory Pettis was not present at the meeting. Abstention: Pettis 4. CONSENT CALENDAR It was requested that Item 4B, Quarterly Y2K Status Report, be pulled from the Consent Calendar. The item will be presented to the Committee at a later date. M/S/C (Hunt/Clifford) approve the Consent Calendar items with the exception of Item 4B, Quarterly Y2K Status Report. 4A. QUARTERLY FINANCIAL STATEMENTS Receive and file the statement of revenues, expenditures, and changes in fund balances for the nine month period ending March 31, 1999. Budget & Implementation Committee Minutes June 28, 1999 Page 2 4C. SMART CALL BOX PROJECT/BUDGET ADJUSTMENT Approve a FY 1998-99 Budget Adjustment to include $65,000 of unallocated SAFE funds to support the Smart Call Box Pilot Program. 4D. MONTHLY COST SCHEDULE REPORT Receive and file the monthly cost and schedule reports. 5. FY 2000-2003 CONGESTION MITIGATION & AIR QUALITY IMPROVEMENT PROGRAM The following points were made during deliberation of this item: + Commissioner Tom Mullen commended the Ad Hoc Committee for coming up with a list of such unanimity in regards to the recommendation. He then asked that the members consider adding another project that would complement the work being done on the 60/215/91 Interchange and widening of Highway 60 through Moreno Valley. A portion of the funding for that project was received from other sources, through the efforts of CTC Commissioner Bob Wolfe, and requested authorization to use available funds on the reconfiguration of the Perris Street on and off -ramps to Highway 60. + Paul Blackwelder, Deputy Executive Director, explained that he had discussed this with staff from the City of Perris, and they need to reconfigure some ramps at the Perris interchange with Highway 60. They have already purchased the necessary right-of-way which is about 1/3 of the cost of the project. There will be major savings by doing this interchange at the same time as the freeway widening, because of the new on -ramp we will have to widen the structure which is an overpass on Perris Boulevard, but we will already be widening the overcrossing for the median construction of the HOV lanes. + Commissioner Frank West expressed his support for the recommendation as this project will have a significant impact on the level of congestion in that area and improve the commute for residents. + Commissioner Andrea Puga noted that the request for funding by the Riverside Transit Agency "RTA" for a CNG fueling station was not listed. They will not be able to use CNG buses in that area as requested if this facility is not available. Cathy Bechtel, Program Manager, replied that RTA did apply for funding in the amount of $900,000 to build a CNG Compression Station in the Hemet area. Unfortunately, that project did not score high enough given the project selection criteria that was used by the Technical Advisory Committee. She further explained that staff is working with RTA to identify other funding sources for this project and the City of Hemet and County of Riverside is also partnering with them to make this facility a reality. + Eric Haley, Executive Director, commended the efforts of the committee in coming up with this list of projects, including their Chairman George Johnson. By the Budget & Implementation Committee's action today, in conjunction with the $7.2 million, the Route 60 project will be fully funded. He also called attention to the Southern California Edison's proposal which is the first time we have funded a private sector partnership that is newly allowed under TEA 21. MIS/C (Mullen/Robert) that the Commission approve the proposed list of projects, with the inclusion of widening the off -ramps at Perris Boulevard, for Congestion and Air Quality Improvement funds available in the South Coast and Salton Sea Air Basins and direct staff to include these projects in the Regional Transportation Improvement Program. • • Budget & Implementation Committee Minutes June 28, 1999 Page 3 6. FY 1999-00 SB 821 BICYCLE & PEDESTRIAN FACILITIES PROGRAM FUNDING RECOMMENDATIONS. The following points were made during deliberation of this item: ♦ Commissioner West stated that it was his understanding that the criteria for approval is also based on population, yet there were no projects listed for Moreno Valley in this recommendation. In the future, a funding cap for projects may be placed so that more projects could be funded. Cathy Bechtel, Program Manager, replied that there is some weight based on population equity, but they also look at the life of the program, the amount of funds each city previously received in SB 821 funding, and the amount of funds they would have received if it was allocated on a population basis. There is a specific scoring process that is used to make the decision on which projects receive funding. Maximum limits on the project amounts would be the Commission's discretion and could be done in subsequent calls if they so desire. M/S/C (Mullen/Puga) that the Commission approve the FY 1999-00 SB 821 Bicycle and Pedestrian Facilities Program allocations as shown on the schedule. 7. SB 821 PROGRAM EXTENSION REQUESTS FROM THE COUNTY OF RIVERSIDE M/S/C (Tavaglione/Puga) that the Commission grant the County's request to amend the site location for the Serfas Club Drive project and approve the time extensions as requested to complete the two SB 821 Bicycle and pedestrian Facilities projects. 8. TEA CALL FOR PROJECTS M/S/C (Hunt/Puga) that the Commission: 1) Direct staff to develop and release a Call for Projects to obtain proposals under the Transportation Enhancement Activities Program for FY 1998-2004 with a minimum total project amount of $250,000; and 2) Designate the Commission's Technical Advisory Committee as the Evaluation Committee. 9. FY 2000-2004 MEASURE "A" FIVE YEAR CAPITAL IMPROVEMENT PROGRAM FOR LOCAL STREETS AND ROADS Commissioner West submitted the Measure "A" Five Year Capital Improvement Program forthe City of Moreno Valley for inclusion in the Commission's agenda packet. M/S/C (Mullen/Tavaglione) that the Commission approve the FY 2000-2004 Measure "A" Five Year Capital Improvements Plans for the above -mentioned agencies as submitted, including the City of Moreno Valley and the City of Calimesa's plans for FY 1999. 10. PROPOSED CHANGES TO AUDIT SCOPE The following points were made during' deliberation of this item: ♦ Sally Anderson, Office Managing Partner for Ernst & Young, explained that during the re -proposal process the last few months it was mentioned that the Commission may have some alternatives on Budget & Implementation Committee Minutes June 28, 1999 Page 4 the way Measure "A" funds are audited. Presently a full scope audit is performed on every city and every nonprofit that received TDA or Measure "A" funds, which is a State requirement. On the Measure "A" funds, the Measure itself only requires that the funds be audited and does not specify to what extent. Past Commission and management concems have resulted in additional procedures that have included fund balance analysis, pooled cash, overhead included in expenditures and comparison of projects summary to their 5 -year expenditure plan. This reduced audit scope that is being proposed includes, instead of auditing the cities and seven non -profits, all of the non -profits would be audited due to having a less sophisticated accounting staff and typically there are more adjustments or concems. For the cities, since they have their own yearly audit, it was suggested to audit approximately 1/3 of those each year catching them all on a three-year basis. There would be a cost savings of approximately $46,400 per year, however, there would certain things that the Commission would not receive. + Dean Martin, Chief Financial Officer, added that certain procedures can be designed so that the auditor could pick up on areas that are important to the members and those that are required by the State. The difference though is that the auditors will only perform specific procedures that they are instructed to perform and there will not be an opinion on the financial statements as a whole. He clarified that this entire process or initiative was at the encouragement of the Commission's Chair, to look at ways to be more efficient and control costs. + Commissioner Mullen stated that he does not have a problem with the auditing procedure as it has been performed since the passage of Measure "A", and he would be reluctant to make any changes. We owe the voters a scrupulous look at how their money is being spent. Vice -Chairman Ron Roberts said that he agreed with Commissioner Mullen and added that we would be doing a disservice if cut back on the scope of these audits. Commissioner Hunt stated that he has been pleased with the level of auditing that was completed in the past and illuminated several issues that were important to the Commission. He is very concerned that these issues have not been followed up and would like to receive some sort of update on how these issues have been resolved. + Commissioner Kevin Pape disagreed and indicated that the Commission should look at possible cost savings in this area, especially when the same types of audits are being done that provide adequate information. It is important to reduce the duplication of efforts and look at other sources for the information that the Commission needs. + Commissioner Clifford said that he agrees with Commissioner Mullen to continue with the process that is in place based on a number of observations. It is the Commission's responsibility to make sure that Measure "A" funds are expended as was in the ballot. M/S/C (Tavaglione/Mullen) that the Commission approve the original scope of the audit contract with Ernst & Young. Nay: Pape. 11. STATE AND FEDERAL LEGISLATIVE UPDATE M/S/C (Mullen/Tavaglione) that the Commission adopt the following bill positions: AB 102 - change from "Seek Amendment" to "Oppose"; SB 928 - "Support." Receive and file the State and Federal Legislative Update as an information item. 12. REQUEST FOR PROPOSAL FOR RCTC/SANBAG SHARED STATE AND FEDERAL ADVOCATES M/S/C (Mullen/Pape) that the Commission approve the immediate release of two Requests for Proposal (RFP): one for the Riverside County Transportation Commission and San Bernardino Associated Governments shared State advocacy • • • Budget & Implementation Committee Minutes June 28, 1999 Page 5 services and another for Riverside County Transportation Commission and San Bernardino Associated Governments shared Federal advocacy services. 13. CONSULTANT AGREEMENT WITH GLADSTEIN & ASSOCIATES IN SUPPORT OF THE INTERSTATE CLEAN TRANSPORTATION CORRIDOR PROJECT M/S/C (Yokaitis/Mullen) that the Commission authorize the Chairman, pursuant to Legal Counsel review, to: 1) Enter into a consultant agreement with Gladstein & Associates to implement the attached FY 99/00 ICTC scope of work; and, 2) Approve the allocation of $25,000 from the Transportation Development Act (TDA) funds for the work effort. 14. ADOPTION OF RESOLUTION NO. 99-006, "A RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION DECLARING THAT THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS IN CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR THE CONSTRUCTION OF SOUND WALL #98, LOCATED ALONG THE SOUTH SIDE OF STATE ROUTE 91, BETWEEN JACKSON AND MONROE STREETS IN THE CITY OF RIVERSIDE." M/S/C (Yokaitis/Tavaglione) that the Commission, following the public hearing, make the necessary findings as stated above and adopt Resolution No. 99-06, "A Resolution of the Riverside County Transportation Commission declaring that the acquisition of temporary construction easements in certain real property by eminent domain is necessary for the construction of Sound Wall #98, located along the south side of State Route 91, between Jackson and Monroe Streets in the City of Riverside." 15. CONTRACT AWARD FOR FREEWAY SERVICE PATROL TOW TRUCK SERVICE It was requested by staff to pull this item from the agenda. Eric Haley stated that the reason for pulling this item was to perform a more in-depth analysis by going back to each of the applicants and review with them in detail their assumptions and have a more lengthy conversation with the CHP. There were requests to speak on this item by meeting attendees. The Committee determined to receive testimony as follows: ♦ Maurice Duran, Duran's Towing & Transport, explained that one of the concerns that he and others have regarding the award of this contract, is that they keep getting different answers regarding what is going on. The RFP did not state that the vendors need to have experience in providing towing services for the CHP, local police departments or Triple A and specifically states that the applicant not list any of these agencies as a reference, yet that was used to disqualify vendors. The background for not choosing his company states that his company is too small and lacks experience, yet the RFP only lists as a requirement being in business for one year and they have been for more than 4 years. He then reviewed the other financial factors that were listed in the agenda report. He added that there seems to be a predetermined decision and he does not feel that this process was fair. ♦ Dottie Anderson, Our Boyz Towing, said that their bid for FSP Beat #25 meets all specifications and is the lowest bid. After reviewing recent bids from Los Angeles County it was found that they were allowed to include the cost of their backup truck, however, the Beat #25 bid rules specifically prohibit the inclusion of any cost associated with a backup truck. In compliance with these rules they did not Budget & Implementation Committee Minutes June 28, 1999 Page 6 include this cost in their proposal, other vendors though included these costs in their proposal. They amortized the use of these trucks, along with their commercial business to develop their cost estimates. ♦ Rachael Rivera, Our Boyz Towing, added that their company submitted a complete and responsive proposal for FSP Beat #25 with the lowest credible bid. Their bid was low to give them the opportunity to get this type of experience for their business. Also, their company will be available to begin providing service for Beat #25, 31 days after notice. ♦ Commissioner Clifford suggested possibly rebidding the contract. Commissioner Don Yokaitis expressed opposition to rebidding the contract as the numbers are already on the table. He also expressed his frustration with the CHP's lack of consistency in the evaluation process. ♦ Commissioner Ron Roberts will be working with staff on this agenda item. M/S/C (Pape/Hunt) to table this item to the next Committee meeting. 16. AWARD OF AMENDMENT #3 TO CONTRACT NO. RO-9832 FOR NINYO & MOORE TO PROVIDE ON -CALL MATERIAL TESTING SERVICES FOR MEASURE "A" CONSTRUCTION PROJECTS IN THE 1999/2000 FISCAL YEAR M/S/C (Yokaitis/Pape) that the Commission authorize the award of Amendment #3 to Contract no. 9832 to Ninyo & Moore to provide On -Call Construction Material Testing Services for the projects identified for a base amount of $77,185.00 and an additional extra work amount of $22, 815.00 for a total not to exceed amendment value of $100,000. The extra work contingency will be utilized as authorized by the Executive Director. The RCTC standard consultant amendment will be utilized subject to RCTC Legal Counsel review and approval. 17. AMENDMENT TO FIVE-YEAR CAPITAL IMPROVEMENT PLAN M/S/C (Mullen/Puga) that the Commission approve the revised Five -Year Capital Improvement Plan for the City of Beaumont. 18. SCHEDULE OF RECURRING CONSULTANTS M/S/C (Mullen/Hunt) that the Commission approve the Schedule of Recurring Consultants as included in the staff memorandum. 19. ADJOURNMENT There being no further business for consideration by the Budget and Implementation Committee, the meeting was adjourned at 4:00 p.m. The next meeting is scheduled to be held at 2:30 p.m. on Monday, August 23, 1999 at the offices of the Riverside County Transportation Commission. Respectfully submitted, Traci R. McGinley Deputy Clerk of the Board • • • • • • AGENDA ITEM 4A • • • RIVERS/DE COUNTY TRANSPORTATION COMM /SS/ON I DATE: August 23, 1999 TO: Budget & Implementation Committee FROM: Jerry Rivera, Program Manager THROUGH: Dean Martin, Chief Financial Officer SUBJECT: Quarterly Call Box Update Attached are the operational statistics for the call box system for the quarter ending June 30, 1999. There were a total of 16,137 calls during the quarter; 9,354 to Inland CHP and 6,783 to Indio CHP dispatch offices. This represents an increase of 2,385 calls or 17.3% in call box activity over the quarter ending March 31, 1999. The average calls per day were 177 for the current quarter versus 153 for the previous quarter. In comparing the quarter ending June, 1999 to June, 1998 call volumes, there has been a decrease of 3,164 calls (-16.4%) from last year to this year. Unfortunately, all call box programs throughout the state have been experiencing a similar decrease in usage which may be attributed to less older vehicles on the highway due to strict insurance requirements. Financial Assessment STAFF RECOMMENDATION: That the SAFE Board receive and file. 000001 2nd QTR '98 2nd QTR `99 Difference #o CHP CallsJBc x.:.19.7: 9,35 , ®949 _8;4. Inland; w Average Call Lengths Average Call Lengths 2nd Quarter 3:35 Apr 3:31 May 3:31 Jun 3:43 2nd Quarter 3:50 Apr 3:49 May 3:44 Active Call Boxes X >ris>�iui latl x 7 11 11r�Y1€arT�ri�a vtncrrze Jun 3:57 'The amount of time each call box is authorized to use in one month without an additional charge from the cellular vendor 1,124 Call boxes 118,020 Minutes 1,123 Call boxes 117,915 Minutes Call Box Cellular Minutes Allocated 118,020 minutes Call Box Cellular Minutes Allocated 117,915 minutes Used to call.,. CHP ... Maintenance .. Other Numbers 69,321. 59° CHP 12,317 10° t Mainz, 2,096 2% ( )Other alL. CHP , . 62,025 intenance . .. 12,247' her Numbers 636 53%:' ) CHP Cellular time used 83,734 71% 11110 Remaining 34,286 29% Cell Time used 71% 29% Remaining cell time Cellular time used -74,902 Remaining 43,013 Cell Time used 64% 36% Remaining cell time 1998 CHP Close-up (2nd Q 0% C ) Maint, % ( ) Other 64% MD 36% 1999 CHP Close-up {2nd QTR) Number of calls Percent Call Length Number of calls Percent 0 to 1 min 3,815 . 20% Call Length 0 to 1 min 3,189 'e -1 fi. 20% 1 to 3 min 6,162 32% 1 to 3 min 4,938 31% 3 to 5 min 4,460 23% 3 to 5 min 3,405 21% 5 to 7 min 2,496 7 13% 5 to 7 min 2,149 13% 7to9min 1,196.0 6% over 9 min 1,172 6% Total 19,301 calls 100% 7 to 9 min 1,156 7% over 9 min Total 1,300 [: 8% 16,137 calls 100% 1998 Maintenance Calls {2nd QTR) . Calls Expected* ® 33,720 Actual Too Many 5,734 39,454 999Maintentsnce Ca Is (2nd QTR( Calls Expected*® 33,690 Actual f' 39;964 Too Many ID 6,274 'Call boxes are scheduled to Call Maintenance every 3 days (10 times/month) Produced by: TeleTran Tek Services Page: 2 c D Q (/) 666 L IJ anO pu Z Data Source: AT&T Wireless • • • .00.00Q3 • 1 • 25 20 10 0 5 x A A 'r0 A U 2nd QTR '98 Call Calls to Avg Highway Boxes CHP Calls/Box RV -010 396 6,327 16.0 RV -015 205 4,673 22.8 RV -031 RV -033 6 33 5.5 2 26 13.0 RV -060 75 1,459 19.5 RV -062 20 369 _ 18.5 RV -071 0 0 0.0 RV -074 30 358 11.9 RV -078 7 14 2.0 RV -079 30. 262 8.7 RV -086 11 98 8.9 RV -091 161 3,232 20.1 RV -095 7 26 3.7 RV -111 12 107. " 8.9 RV -177 26 125 4.8 RV -215 96 1,966 20.5 RV -243 14 96 6.9 RV -371 - 12 61 5.1 RV -86S 14 69 4.9 unassigned 0 0 0.0 TOTALS 1,124 19,301 17.2 Produced by: TeleTran Tek Services 2nd QTR '99 Call Calls to Avg Highway Boxes CHP Calls/Box RV -010 398 5,335 13.4 RV -015 205 4,006 RV -031 RV -033 5 39 7.8 2 21 10.5 RV -060 75 1,058 14.1 RV -062 20 271 13.6 RV -071 0 0 0.0 RV -074 30 362 12.1 RV -078 7 12 1.7 RV -079 30 213 7.1 RV -086 11 43 3.9, RV -091 160 2,603 16.3 RV -095 7 17 2.4 RV -111 13 158 12.2 RV -177 26 77 3.0 RV -215 94 1,672 17.8 RV -243 14 86 6.1 RV -371 12 62 5.2 RV -865 14 102 7.3 unassigned 0 0 0.0 TOTALS 1,123 16,137 14.4 Page: 3 Data Source: AT&T Wireless 70 CD 1 CD 00.0004 Calls to CHP Park N Ride Average Calls / Day TIME of day 2nd QTR 1998 1999 l 0pm - l l pm l l pm - 12am 737 564 658 519 12am - lam 504 441 1 am - 2am 392 365 2am - 3am 285 242 3am - 4am 232 200 4am - 5am 188 170 5am - 6am 208 185 TOTAL 3,204 2nd QTR 1998 1999 11 13 3 3 5 3 3 1 3 0 2 3 3 3 2,686 30 28 2nd Quarter 1998 1999 8.1 6.2 7.2 5.7 5:5 4:3 3.1 2.5 2.1 2.3 35.1 4.8 4.0 2.7 2.2 1.9 2.0 29.4 6am - 7am 7am - 8am 8am - 9am 9am - 10am 10am - 11 am 1 l am - 12pm 12pm - 1 pm 1 pm - 2pm TOTAL 373 625 707 811 760 910 1,023 1,079 6,288 339 477 599 668 710 769 881 956 5,399 3 3 6 6 3 6 7 7 15 21 8 13 10 15 11 12 73 73 8.9 8.3 10.0 11.2 11.8 3.7 5.2 6.6 7.3 7.8 8.4 9.7 10.5 68.9 59.2 1--11 2nd QTR '98 2nd QTR'99 2pm - 3pm 3pm - 4pm 4pm - 5pm 5pm - 6pm 6pm - 7pm 7pm - 8pm 8pm - 9pm 9pm - l0pm TOTAL 1,211 1,352 1,332 1,442 1,354 1,199 1,046 877 9,813 982. 1,028 1,179 1,149 1,085 1,052 863 714 8,052 16 10 28 16 25 18 24 26 20 24 23 13 18 14 1'8 21 172 142 13.3 14.8 14.6 15.8 14.8 13.11 10.8 11.3 12.9 12.6 11.9 11.5 11.5 9.5 9.6 7.8 107.5 88.2 RCTC TOTAL RCTC TOTAL 19,305 16,137 275 243 211.6 176.8 Produced by: TeleTran Tek Services Page: 4 Riverside Summary of Calls to CHP by Hour 6661 Japan° puZ Data Source: AT&T Wireless s • • 000005 • • • 0 Jul -98 Aug -98 Previous PM Cycle Jul -98 Performance Sep -98 Oct -98 Preventive Maintenance Visits Nov -98 Dec -98 Percent of System Visited 183 16% Aug -98 202 18% Sep -98 302 27% Oct -98 77 7% Nov -98 279 25% Dec -98 Total PM visits needed to be on schedule 187 / Month (17%) PM visits in the last 6 months 187 / Month (17%) 83 7% Performance 0 Jan -99 Feb -99 Most Recent PM Cycle Mar -99 Apr -99 May -99 Jun -99 Preventive Maintenance Visits Jan -99 212 Percent of System Visited 19% Feb -99 75 7% Mar -99 273 24% Apr -99 94 8% May -99 234 21% Jun -99 213 19% 100% Total 1,101 AVG Number of Active Call Boxes 1,123 PM visits needed to be on schedule PM visits in the last 6 months 183 / Month (16%) Produced by: TeleTran Tek Services Page: 5 AVG Number of Active Call Boxes CD a: CD CD CD CD 0 CD 0 n CD 666 1. Japono puZ Data Source: Comarco Wireless 000006 w ND DISPATCH CENTER ONLY A "lost call" occurs when a call box caller hangs up or "redials" before reaching a CHP operator. Note: "redialing", or pressing the call button a second time, disconnects the caller and reconnects them at the end of the queue (calls are answered by CHP in the order they are received.) smoD }soI Jo }ua»ad Jul -97 5% Aug -97 5% Sep -97 4% Oct -97 4% Nov -97 4% Dec -97 5% Jan -98 3% Feb -98 5% Mar -98 5% Apr -98 4% May -98 4% Jun -98 4% Jul -98 5% Aug -98 Sep -98 Oct -98 8% 7% 7% Nov -98 6% Dec -98 9% Jan -99 • 5% Feb -99 7% Mar -99 Apr -99 May -99 7% 6% Jun -99 8% The length of time (in minutes a motorist waited before hanging up or "redialing" CHP. On hold 5 sec Apr -99 5% May -99 3% Jun -99 3% AVG 4% 10 sec 10% 10% 9% 10% 15 sec 4% 6% 6% 5% 20 Sec 4% 5% 3% 4% 30 Sec 7% 9% 8% 8% 40 Sec 7% 10% 6% 8% 50 Sec 5% 6% 4% 5% 60 Sec 5% 5% 5% 5% 70 Sec 1% 2% 3% 2% 90 Sec 3% 4% 6% 4% 110 Sec 5% 4% 4% 4% 130 Sec 5% 5% 4% 5% 130+ Sec 38% 31% 39% 36% Chart 13% Produced by: TeleTran Tek Services Page: 6 CD. t/1 a. CD 0 V1 D z 0 t/1 • z a. C 0 BCD .O Data Source: CHP ACD • • • 000007 • • • THIS REPORT COVERS THE INLAND DISPATCH CENTER ONLY CHP considers a call to be "delayed" if the call is not answered within 10 seconds. A call must be answered for it to be a delayed call, otherwise it is a lost call. 90% 80% 70% 60% 90 60 30 z 0 fl Apr -99 May -99 Jun -99 AVERAGE 0 op < 1 t? Po 20% 20% 16% 19% Produced by: TeleTran Tek Services m op 0 o <30 Secs 32% 32% 27% 30% 0 0 40 <.60 Secs 17% 18% 16% 17% Page: 7 Jul -97 77% Aug -97 Sep -97. Oct -97 Nov -97 Dec -97 Jan -98 Feb -98 Mar -98 Apr -98 May -98 Jun -98 Jul -98 Aug -98 Sep -98 Oct -98 Nov -98 Dec -98 Jan -99 Feb -99 Mar -99 Apr -99 May -99 Jun -99 <, 90•Secs 5% 4% 5% 6% 79% 76% 75% 76% 78% 76% 76% 77% 77% 77% 77% 79% 84% 82% 83% 80% 84% 79% 79% 80% 80% 80% 84% -‹.120 Sees 8% 7% 7% 9% 55 60 50 44 43 51 38 48 47 42 42 44 54 78 72 66 56 77 62 62 60 65 56 83 21 Semis 20% 17% 26% 21% 6661 Ja4Jant!j PuZ Data Source: CHP ACD X00008 v CaISAFE California Service Authority for Freeway Emergencies CALL BOX ACTIVITY REPORT June 1999 N ilk 0011 San Diego Riverside MTC CVRS Ventura Santa Barbara Twat 1,642 1,123 14% 3,171 39% 1,279 16% 20% 521 6% 330 4% 9,246 25% 6,230 17% 14,467 39% 4,323 12% 1,723 5% 990 3% 36.979 104% 55,349 20% 29,889 15% 76,109 3e% 21,659 11% 10,557 5% 5,007 3% 198,570 100% Counties developing call box programs 5.6 33.7 5.5 26.6 4.6 24.0 3.4 16.9 3.3 20.3 3.0 15.2 • • Produced by: TeleTran Tek Services Page: 8 Data Source: Cellular tapes 0.00009 • AGENDA ITEM 4B • • • • • 1 RIVERSIDE COUNTY TRANSPORTA TION COMMISSIO N I DATE: August 23, 1999 TO: Budget and Implementation Committee FROM: Dean Martin, Chief Financial Officer THROUGH: Eric Haley, Executive Director SUBJECT: Quarterly Financial Reports Attached are Combining Statements of Revenues and Expenditures and Changes in Fund Balances (Unaudited) for the Quarter Ending June 30, 1999. STAFF RECOMMENDATION: Receive and file. Attachments U00010 • • • Statement of Revenues, Expenditures and changes in Fund balances- General, Special Revenue and Capital Project Funds Budget Variance explanations For the year ending June 30, 1999 REVENUES Federal, State, Local and other Government Revenues Funding for the improvements to the San Jacinto Branch Line has been re -budgeted to FY2000, when the project is currently scheduled to be completed. In addition Pedley surveillance system for $775,000 will be carried forward to FY2000, as well as STP/CMAQ reimbursement for Pedley station platform extension for $300,000. The construction contract for the 91 sound wall has just been awarded, revenue of $300,000 expected in FY99 will materialize in FY2000. EXPENDITURES Salaries & Benefits The allocation of salaries between Administration and Programs are based on budgetary estimates. Total salary/benefit expenditures are consistent with total budget for salaries. Office Lease Our costs for operations and maintenance paid annually to the landlord, above the amount provided in the lease agreement, was $7,000.00 higher than anticipated. Highway Engineering Awaiting Van Buren invoice from City of Riverside of approximately $750,000. Highway ROW Route 74 appraisal slower than anticipated of approximately $300,000. Awaiting Phase II Temporary Easement invoices. Special Studies CETAP Environmental Study for $200,000 budgeted for FY99 should materialize in FY2000. Regional Arterial Remaining Regional Arterial projects to be carried over to FY2000. Proiect Maintenance/Operations The project maintenance budget was understated by $174,000, while the project operations budget was overstated by $174,000. The total operation and maintenance expenditures are consistent with total budget. Proiect Towing Actual expenditures included holidays and overtime which were not originally budgeted. Note: There will be additional accrued expenditures that will be processed as part of year-end closing and the annual audit. 000011 Description REVENUES Sales Tax Reve nues Measure A Other Sale s Tax Revenues Fed State Local 8 Other Govern Interest Incom e Other Reven ues TOTAL REVENUES EXPENDITURES ADMINISTRATION Salaries 8 Benefits General Le gal Services Pro f Ser vice s (Excludes Le gal) Office Lease Gen eral Adm in Expen ses TOTAL ADMINISTRATION PROGRAMS/PROJECTS Salaries 8 Benefits General Legal Services Prof Serv ices (Excludes Legal) Gene ral Projec ts Highway Engineering Highway Construc tion Highw ays ROW Special Studies Rail En gineering Rail Con stru ction Ra il ROW SCRRA Capital Contributio n Commuter Assistance Re giona l Arterial Streets d Roads Special Transportion\Trans it Project Maintenan ce Project Operations Project Tow ing STA Distribution s TOTAL PROGRAMS/PROJECTS In tergo vern Distribution Capital Outlay TOTAL EXPENDITURES Other Fin ancin g So urces(Uses) • GENERAL FUND 1,500,000.00 5,448,179.00 1,326,808. 38 216, 996.29 380,945. 30 8,872,928.97 687,054. 07 84,747.10 758,688.54 212,739.50 683,347.73 2,426,576.94 629,751.22 49,450. 21 262,076.72 0.00 0.00 27.03 0.00 20,933.93 128,321. 70 0.00 0.00 1,075,750. 00 0.00 0. 00 0.00 2,862,900.00 390,822. 06 447,602. 19 0.00 0.00 5,867,635. 06 397,295. 00 36,350. 33 FSP/SAFE 0. 00 0. 00 9,346.65 92,632.21 1,649,687.02 1,751,665.88 42,398.15 4,353.88 23,984.44 13,579. 11 41,235.80 125,551. 38 103,551. 62 3,257. 80 57,877. 18 0.00 0.00 0. 00 0. 00 70,008. 95 0.00 0.00 0.00 0. 00 0. 00 0. 00 0. 00 0.00 311,590.40 380,915. 52 679,004. 84 0.00 1,606,206. 31 0.00 72,663.57 8,727,657. 33 1,804,421 .26 54,689,198.23 20,865,276.79 2,547,251. 62 0.00 0.00 9,000.00 0. 00 0. 00 9, 000. 00 348,884. 45 169,643. 06 69,493. 95 1,254,842.05 111,194. 31 (34,145.67) 13,224. 00 5,469. 17 103,631.10 3,223,540.80 20,490. 25 0. 00 1,166, 442.90 0.00 20,166,388.30 1,172,750.00 2,804.17 0.00 0 .00 0.00 27,794,652.84 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 0.00 161. 44 0.00 72,490.29 15,684.43 290,090.27 8,891.60 0 .00 0 .00 0.00 0 .00 0 .00 0 .00 2,196,202 .43 7,160,862.00 1,790,396 .00 0.00 0.00 0 .00 0 .00 11,534 ,778 .46 (286 .60) 0.00 27,803,652 .84 11,534,491.86 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 1,784,511 .00 1,784,511 .00 0 .00 0.00 Riverside County Transportation Comm ission ACTUALS 8Y FUND THRU 4TH 0TR For Period Endin g: 06/30/99 08/18/99 OTR4B 08/18/99 WESTERN EASTERN STATE WESTERN TRANSIT CVAG WESTERN COUNTY COUNTY COUNTY ASSISTANCE CONSTRUCTION CONSTRUCTION TY COMMERCIAL COMBINING PAPER TOTAL 49,976,282. 07 18,920,546.43 0. 00 0.00 0 .00 0.00 0. 000.00 70,396,828.50 3,804,593. 28 0. 00 0. 00 (2,271. 21) 0. 00 0 .00 0.00 5,448,179.00 907,772. 88 517,028.79 124,232.62 0.00 9,056 .83 170,479 .40 550.00 1,429,972. 78 2,423,019.00 298,55 0.00 5.58 756,949.06 102,946.47 3,017,113.90 5,318,013 .33 745,912 .29 0 .00 6,630,086 .39 298,555.58 0 .00 0.00 0.00 0 .00 0.00 1,511,918 .18 273,425.87 90,810,221 .12 0 .00 0.00 0 .00 0 .00 0 .00 0.00 0.00 0 .00 0.00 0 .00 0 .00 7,866 .48 518,457 .70 256,617 .42 0.00 0 .00 0 .00 0 .00 0.00 0.00 784,929.69 0.00 0.00 0 .00 0.00 0.00 0.00 1,567,871.29 0.00 0 .00 1,784,511.00 1,567 ,871.29 0 .00 16,608.96 0.00 0 .00 62,458 .27 3,320,933.22 0.00 0.00 0.00 0 .00 0.00 0 .00 0.00 0.00 0 .00 0.00 181 .19 0.00 0.00 0.00 3,400,181 .64 0 .00 0 .00 0.00 0.00 0.00 0.00 0 .00 729,452 .22 89,100 .98 791,672 .98 226,318.61 724,583.53 0.00 2,561,128 .32 0.00 0.00 0 .00 0.00 912,142.40 689,385.40 189,064.98 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 1,790,592 .78 0.00 0.00 1,082,187.29 239,121.47 389 ,447 .85 1,327,332 .34 1,109,345.89 4,784,747 .95 467,798.00 96,412.05 231,952 .80 3,223,540 .80 20,490 .25 1,075,750 .00 1,166,442.90 2,981,132 .12 27,327,250.30 5,826,046.00 705,397.82 828,517.71 679,004 .84 1,784,511 .00 55,346,429.38 397,008.40 109,013 .90 3,400,181.64 1,790,592 .78 58,413,580 .00 • • ,escription iperating Transfers In p era ting Transfe rs Ou t lebt Service Issuanc e Costs otal Othe r Finan cing Sources ises ess(Defic iency)of Rev enues en d Other Fin an cing Sources )ver(Under)Expenditu res And ether Financing Uses UND BALANCE JULY 1, 1998 UND BALANCE JUNE 30, 1999 • Riverside Coun ty Transportatio n Commission ACTUALS BY FUND TNRU 4TH GTR For Period Ending: 06/30/99 08/18/99 GTR48 GENERAL WESTERN STATE FUND FSP/SAFE EASTERN TRANSIT WESTERN WESTERN COUNTY COUNTY COUNTY CVAG COUNTY COMMERCIAL ASSISTANCE CONSTRUCTION CONSTRUCTION COMBINING 0. 00 159,075. 00 1,321,953. 96 PAPER TOTAL 0. 00 159,075.00 22,631,487. 28 7,897,841.97 0. 00 0.00 0. 000. 00 0.00 0.00 0.00 0.00 293,985.03 2,145,309. 17 0.00 1,481,028.96 0. 00 0.00 0.00 0.00 33,127,698.45 0.00 0.00 08/18/99 0.00 0.00 21,309,533.32 7,897,841.97 0.00 293,985. 03 2,145,309. 17 0.00 31,646,669.49 _=_= 145,071. 64 (52,755. 38) 5,576,012.07 1,432,942.96 ._.... __ 762,740. 62 (1,563,300. 74) (4,033,572. 63) (1,517,166.91) 749,971 .63 _3_3,859,266.24 3 2,459,243.12 3 20,611,011. 33 12,869,417. 21 2,604,573. 32 9,867,747. 69 39,716,130.87 3,655,442.77 95,642,832.55 3 4,004,337. 88 3 2,406,4 387.74 26,187,023.40 14,302,360.17 3,367,313. 94 8,304,446. 95 35,682,558 24 2,138 ,275 .86 96,392,804 18 • • Cr) 4-4 Description REVENUES Sales Tax Revenues Measure A Other Sales Tax Revenues Fe d State Local & Other Govern Interest Income Other Revenues TOTAL REVENUES EXPENDITURES ADMINISTRATION Salaries & Benefits Gen eral Legal Services Prof Serv ices (Excludes Legal) Office Lease General Adm in Expen ses TOTAL ADMINISTRATION PROGRAMS/PROJECTS Salaries & Benefits Gen eral Legal Services Prof Servic es (Excludes Legal) Gen eral Projects Highway En gineering Highway Constru ction Highways ROW Special Studie s Rail Engin eering Rail Constru ction Rail ROW SCRRA Capital Contribution Commute r Assistan ce Regional Arterial Streets & Roads Special Transportion \Transit Project Mainten ance Project Operations Project Towing STA Distributions TOTAL PROGRAMS/PROJECTS Intergovern Distribu tion Capital Outlay Riverside County Transpo rtation Commission BUDGET VERSUS ACTUALS For Pe riod En din g: 06/30/99 08/18/99 REMAINING PERCENT BUDGET ACTUALS BALANCE UTILIZATION 68,500,001.00 5,448,179.00 6,969,920. 00 3,060,565.00 6,642,989. 00 70,396,828. 50 5,448,179.00 5,318,013.33 3,017,113.90 6,630,086. 39 90,621,654.00 90,810,221.12 606,214.00 729,452.22 92,500. 00 89,100. 98 865,020.00 791,672.98 220,000.00 226,318.61 716,960. 00 724,583.53 2,500,694.00 2,561,128.32 1,311,656.00 232,500.00 678,650.00 1,693,900.00 1,877,738.00 5,048,000. 00 758,188. 00 265,000.00 266,539. 00 3,506,300.00 22,352.00 1,150,000. 00 1,378,920. 00 10,068,505.00 26,579,715.00 5,915,461.00 550,094.00 1,129,787.00 657,800. 00 2,186,116.00 65,277,221.00 397,295.00 158,221.00 TOTAL EXPENDITURES 68,333,431.00 Other Fin ancing Sou rce s(Uses) • (1,896,827.50) 0.00 1,651,906. 67 43,451. 10 12,902.61 102. 76 100.00 76.29 98.58 99.80 (188,567.12) 100. 20 (123,238. 22) 3,399.02 73,347.02 (6,318.61) (7,623.53) 120. 32 96.32 91.52 102.87 101.06 (60,434.32) 102.41 1,082,187.29 229,468.71 239,121.47 (6,621. 47) 389,447.85 289,202.15 1,327,332.34 366,567. 66 1,109,345.89 768,392.11 4,784,747.95 263,252.05 467,798. 00 290,390.00 96,412.05 168,587.95 231,952.80 34,586.20 3,223,540.80 282,759 .20 20,490.25 1,861.75 1,075,750.00 74,250.00 1,166,442.90 212,477.10 2,981,132.12 7,087,372.88 27,327,250.30 (747,535.30) 5,826,046.00 89,415 .00 705,397.82 (155,303.82) 828,517.71 301,269.29 679,004 .84 (21,204.84) 1,784,511.00 401,605.00 55,346,429.38 9,930,791 .62 397,008.40 286 .60 109,013.90 49,207.10 58,413,580.00 9,919,851 .00 82 .50 102.84 57.38 78.35 59.07 94.78 61.69 36 .38 87.02 91 .93 91.67 93.54 84.59 29 .60 102.81 98.48 128.23 73.33 103.22 81.62 84.78 99.92 68.89 85.48 QTRA4 • AGENDA ITEM 4C • • • • 1 RIVERSIDE COUNTY TRANSPORTA TION COMMISSION I DATE: I August 23, 1999 TO: Budget and Implementation Committee FROM: William Hughes, Measure A Project Manager Louis Martin, Project Controls Manager THROUGH: Dean Martin, Chief Financial Officer SUBJECT: Monthly Cost and Schedule Reports The attached material depicts the current costs and schedule status of contracts reported by routes, commitments, and cooperative agreements executed by the Commission. For each contract and agreement, the report lists the authorized value approved by the Commission, percentage of contract amount expended to date, and the project expenditures by route with status for the month ending July 31, 1999. STAFF RECOMMENDATION: Receive and file. Attachments 000015 ROUTE 60 PROJECTS Park 'n' Ride Lot Final Design (R09738) Park 'n' Ride Lot Construction (R09928,9832) SUBTOTAL R OUTE 60 ROUTE 74 PROJECTS Enginee ring/Environ/ROW (R09337 9954,9966) SUBTO TA L ROUTE 74 RO UTE 79 PROJECTS Engineering/Environ. /ROW (R09961) Realignment study, Right turn lanes SUBTOTAL ROUTE 79 ROUTE 111 PROJECTS (R09219, 9227,9234,9523,9525,9530,9537,9538) 9635,9743,9849-9851,9857 SUBTOTAL ROUTE 111 ROUTE 91 PRO JECTS Soundwall design and construction (R09101, 9337,9827,9847,9861, 9848, 9832) Van Buren Blvd. Frwy Hook Ramp (R09535) Soundwall Landscaping (R09848, 9933, 9946) SUBTOTAL RO UTE 91 1-215 PROJECTS Preliminary Engrg/Environ. (R09008, 9018) SUBTOTAL 1-215 RCTC MEASURE "A" HIGHWAY/RAIL PROJECTS BUDGET REPO RT BY RO UTE CO MMISSION CONTRACTURA L % CO MM ITTED EXPENDITURE FOR PROJECT % EXPENDITURES AUTHORIZED C OM MITM ENTS AGAINST AUTH. MO NTH ENDED EXPENDITURES TO -DATE AGAINST DESCRIPTION ALLOCATIO N TO DATE ALLO CATION July 31, 1999 TO DATE COM MTTMNNTS TO DATE $62,157 $325,000 3387,157 $6,508,900 36,508,900 $537,000 3537,000 $15,933,909 $15,933,909 $5,048,508 $2,300,000 $833,450 98,181,958 $6,726,504 36,726,604 $62,157 $320,000 9382,157 $6,508,900 $6,508,900 $537,000 3537,000. $15,933,909 915,933,909. $4,796,083 $2,300,000 $748,291 37,844,374 $5,878,173 35,878,173 100.0% 98.5% 98.7% 100.0% 100:0% 100.0% 100.0% 100. 0% 100.0% 95 .0% 100 .0% 89 .8 % 95.9% 87.4% 87:4% $135,087 9135,087 $187,871 9187,871' 30' $12,670 912,670 $343,391 $94,416 $394,456 3832,263 $7,140 97,140 Page 1 of 3 $62,020 $312,935 9374,955 $365,548 3365,548 50 $8,658,831 38,658,831 $4,316,765 $1,787,850 $575,162 36,679,777 $5,704,897 95,704,897 99.8 % 97 .8 % 98.1% 5 .6 % 5.6% 0 .0 % 0.0% 54.3% 54.3% 90.0% 77.7% 76.9 % 85.2% 97.1 % 97,1% • • RCTC MEA SURE "A" HIGHWAY PRO JECTS BUDGET REPORT BY ROUTE COMMISSION CO NTRACTURAL % COMMITTED EXPENDITURE FO R PROJECT AUTHO RIZED COM MITMENTS AGAINST AUTH. MONTH ENDED DESCRIPTION ALLOCATIO N TO DATE ALLOCATION July 31, 1999 % EXPENDITURES EXPENDITURES TO -DATE AG AINST TO DATE COMM ITM NTS TO DATE INTERCHANGE IMPRO V. PROGRAM Yuma IC Final Design (PS&E) (R09428) Yuma IC Landscaping (R0 9926,9946) SUBTO TAL INTERCHANGE PRO JECT & CONSTR. MGMT SERV. (RO 9900) SUBTOTAL BECHTEL PROG RAM PLAN & SERVICES North/South Corridor study SUBTOTAL PRO GRAM PLAN & SVCS. PARK-N-RIDEJINCENT. PRO GRAM (RO 9740-9742) 9859 (9901-9915) (9813) SUBTO TAL PARK-N-RIDE CO MMUTER RAIL Studies/Engineering (RO 9420,9731,9832,9833,9844,9854,9956) Station/Site Acq/OP Costs/M aint. Costs (R00000,9920,9836,9843,9845,9953,9957,) SUBTOTAL COMM UTER RAIL TOTALS $1,383,877 $350,000 51,733,877 $1,600,000 $1,600,000 $100,000 *100,000 $3,175,200 $3,175,200 $1,648,600 $9,350,502 *10,999,102 $49,374,707 $1,383,877 $304,000 *1,687,877 $1,456,568 *1,456,568 $100,000 *100,000 $3,175,200 *3,175,200 $1,648,600 $8,369,000 *10,017,600 547,012,858 100.0% 86.9% 97.3% 91.0% 91.0% 100. 0% 100.0% 100. 0% 100.0% 100 .0% 89.5% 91.1% 95.2% $2,032 $6,626 $8,658 *0 *0 $206,865 *206,865 $2,167 . $510,392 *512,659 $1,715,242 : $1,372,923 $273,840 $1,646,763 $1,033,187 *1,033,187 *0 $3,149,481 *3,149,481 $1,550,181 $7,599,335 *9,149,616 $36,397,407 : 99.2% 90.1% 97.6% 70.9% 70.9% 0.0 % 0.0% 99 .2% 99.2% 94.0 % 90.8% 91.3% 77.4% Page 2 of 3 CITY OF CANYON LAKE Railroad Canyon Rd Improvements (R09422) SUBTOTAL CANYO N LAKE LOAN CITY OF CORONA Smith, Maple & Lincoln Interchanges & Storm drainage struc ture SUBTOTAL CITY OF CORONA CITY OF PERRIS Local streets & road Improvements CITY OF SAN JACINTO Local stre ets & road improvements (1) CITY OF TEMECULA Local streets & road improvements CITY OF NORCO Yuma I/C & Local streets and road Imprmts TOTALS RCTC M EASURE "A" HIG HWA Y/LO CAL STREETS & RO ADS PROJECTS BUDGET REPO RT BY PROJECT EXPENDITURE FO R TOTAL OUTSTANDING PRO JECT APPROVED M ONTH ENDED MEASURE "A" % LOAN BALANCE DESCRIPTIO N LOAN OUTSTANDING TO -DATE AGAINST COMM ITMENT July 31, 1999 ADVANCES BALANCE COM MITMENT APPROVED COMMIT. $1,600,000 $1,600,000 $5,212,623 $5,212,623 $1,936,419 $1,324,500 $5,094,027 $2,139,067 $0 $17,306,636 NOTE: (1) Loan against interchange improvement programs All values are for total Project/Contract and not related to fiscal year budgets . Page 3 of 3 • so • $1,600,000 $1,600,000 $5,212,623 $5,212,623 $1,936,419 $1,324,500 $5,094,027 $2,139,067 $17,306,636 $1,317,520 $1,317,620 $3,996,471 $3,966,471. $1,670,457 $1,142,583 $4,394,375 $1,845,272 614,366,678 30 $ So *0 $o $0 $0 $o 6 82.3% 82.3 % 76 .7 % 76:7% 86 .3% 86.3 % 86.3% 86 .3% 83.0% Status as d: 7/31/99 • AGENDA ITEM 5 • • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: August 23, 1999 TO: Budget & Implementation Committee FROM: David W. Shepherd; Director of Intergovernmental and Legislative Affairs THROUGH: Eric Haley, Executive Director SUBJECT: State and Federal Legislative Update State Legislative Update From Juiy 16th until August 16th, the State Legislature was adjourned for Summer Recess. At the writing of this report, Riverside County Transportation Commission Chairman Jack van Haaster, Executive Director Eric Haley, and Legislative Affairs Director David Shepherd all were scheduled to provide testimony on the following bills scheduled for hearing: SCA 3 (Burton) the bill to allow for a state transportation sales tax collected locally, was scheduled for hearing in the Assembly Transportation Committee on August 16th. AB 1012 (Torlakson), the project delivery bill which contains the Riverside County Transportation Commission/San Bernardino Associated Governments (RCTC/SANBAG) generated State Highway Account loan concept was scheduled for hearing in the Senate Transportation Committee on August 17tH AB 1571 (Villaraigosa and Brulte) this bill would create a state grant program for reduction of diesel emissions. RCTC has a "Support with Amendments" position. The amendment being sought would require both the South Coast Air Quality Management District and the Mobile Source Reduction Review Committee to jointly develop a program for use of the funds allocated to the South Coast Air Basin. This bill was scheduled for hearing in the Senate Transportation Committee on August 1 7th Staff will provide the Budget and Implementation Committee an oral report of the outcomes of the above mentioned hearings. Federal Legislative Update While the House activity was monopolized with efforts to pass a Republican tax cut 000019 proposal, the Senate remained inactive relative to the Transportation Appropriations legislation before adjourning for Summer Recess from August 7th until September 8th The language mandating a nationwide 12.5% cap on transit allocations to states remains in the Senate Appropriations legislation and is the reason for delay in the bill's passage. Conclusion Three bills of importance to RCTC are scheduled for hearings and report on the outcome will be provided to the Budget and Implementation Committee,. No federal appropriations activity occurred before both houses adjourned for Summer Recess until September 8th. STAFF RECOMMENDATION: Receive and File the State and Federal Legislative Update as an information item. 000020 • AUG-13-99 1T:11 FROM- T-222 P.03/04 F-268 Smith SC Kempton Consulting and Governmental Relations MEMORANDUM To: RCTC/SANBAG Board of Directors From: D. J. Smith and Delaney Hunter Date: August 13, 1999 Subject: Legislative Report and Update We are now heading into the final stretch of the 1999 Legislative Session. We will be in a dead run from now until September 10th to move or defeat bills of interest to RCTC/SANBAG. Our next report will reflect final actions Transportation Finance Proposals • Senate Constitutional Amendment 3 (Burton) The Burton Working Group continued negotiations with the environmental community yesterday at their regularly scheduled meeting. Bill Craven, representing the Sierra Club, put forth four points they would like to have included in SCA 3 or its companion measure, AB 1155. I have attached those points for your review. Most folks are comfortable with some level of increased participation and review process. However, there does not seem to be support for the Article 19 amendment regarding water quality, the set -aside of money for enhancements or the linkage of transportation plans to "smart growth". There will no doubt be many more discussions on environmental issues as SCA 3 moves along. Further, SCA 3 will be amended to expand the definition of environmental mitigation. Some counties have expressed concern that as currently drafted, SCA 3 prohibited them from mitigating the cumulative impact of transportation projects to be included in their expenditure plans. The new language states that funds can be used for environmental mitigation "as deemed necessary by the countywide, agency administering the transportation expenditure plan, that are related to transportation project impacts." SCA 3 will be heard in the Assembly Transportation Conuni.ttee on Monday, August 16th. 980 Ninth Street, Suite 1560 . Sacramento, CA 95814 Telephone (916) 446-5508 . FAX (916) 446-1499 '.000021 AUG-13-99 17:11 FROM- 7-222 P.04/04 F-268 I PROCESS (for AB 1155) "The county expenditure plan development process shall include consultation with the cities, counties, transit operators. congestion management agencies. interested community, environmental, and other non- governmental groups, the applicable Council or Association of Ciovernments, metropolitan planning organization, and air quality management district or air pollution control district. A draft county expenditure plan must be prepared and made available for public comment no later than May 1. 2000. Development of the draft plan shall include public involvement activities and at least one public hearing. Subsequent to the release of the draft plan. there shall be no less than three public hearings scheduled at times and places that arc most likely to allow the public to attend. A final twenty year countywide expenditure plan must be prepared and made available to the public no later than August 1, 2000. Both the draft countywide expenditure plan and the final countywide expenditure plan presented to the voters shall include and publicize (by methods including but not limited to newspaper inserts, mailings and the internat.) the following: (1) total estimated cost of the plan and each project; (2) location of proposed projects graphically represented on maps; (3) breakdown of all expenditure plan costs by percentage for each of the following project categories: (A) roadway - expansion/widening & interchanges (13) public transit - expansion (C) roadway - repair, maintenance & operations (D) public transit - repair. maintenance & operations (E) bicycle & pedestrian facilities (F) growth management/environmental mitigation (G) planning & research (H) other" Amend article XIX as follows: SEC. 2. Revenues from fees and taxes imposed by the State uponvehicles or their use or operation, over and above the costs ofcollection and any refunds authorized by law. shall be used for thefollowing purposes: (a) The state administration and enforcement of laws regulatingthe use. operation. or registration of vehicles used upon the publicstreets and highways of this State. including the enforcement of traffic and vehicle laws by state agencies and the mitigation of the environmental effects of motor vehicle operation (DELETE "due to air and sound emissions") ADD: "on air. noise and water quality." TO BE DEVELOPED Enhancements set aside Linkage to smart gro«th `< 000022 AL -13-92 17:11 FROM - T -222 P.02/04 F-268 • • • Assembly Bill 1155 (TorlaksonlBurton) As stated above, AB 1155 is the companion measure to SCA 3. AB 1155 will be amended in the next day or so to set the election date for SCA 3 as November 2000 and also to set the schedule for the adoption of expenditure plans by counties. The new language requires counties to release their draft expenditure plans by May 1, 2000 for public review and comment and to adopt a final plan by July 1, 2000. AB 1155 will be heard in the Senate Transportation Committee on Tuesday, August 17th . • Senate Bill 315 (Burton) SB 315, which would place $8 billion in bonds for transportation on the November 2002 ballot, is currently in the Assembly Appropriations Committee and will be heard on Wednesday, August 25t. Senator Burton has stated that he will amend SB 315 next week to include "pay as you go" language to be considered when SB 315 goes to conference committee. "Pay as you go" is being pushed by Assembly Republicans and refers to using some portion of the sales tax on gasoline as a dedicated funding source for transportation. Negotiations on "pay as you go" are ongoing. The Burton Working Group was scheduled to discuss SB 315 at yesterday's meeting but the item was continued until next week's meeting due the extended discussion on SCA 3. AB 283 (Longville) — County Resolution of Necessity Bill Assembly Bill 283 introduced by Assemblyman John Longville, on behalf of SANBAG, will allow Caltrans to use the County's condemnation process and resolution of necessity. AB 283 will speed up the process and help with project delivery. We amended the bill to include an urgency clause, which will make the change in law effective immediately upon signature by Governor Davis. AB 283 is currently in the Senate Judiciary Committee and will be heard the second week of August. AB 1012 -- Project Delivery Streamlining Bill Assembly Bill 1012, which will streamline transportation project delivery and set up a process to allow short term "loans" (originally an RCTC idea), passed out of the Assembly on a bi-partisan vote and will be heard in the Senate Transportation Committee on August 17. AB 1012 was amended this week to reflect on -going negotiations with the Department of Transportation. One of the new amendments is a "use it or lose it" provision in reference to specific federal transportation funds. 2 i i r 00002.3 1' 1 h L a ..;.> U V • • • CLIFF MADISON GOVERNMENT RELATIONS, INC. TO; Dave Shepherd - Paul Blackwelder FROM: Cliff Madison DATE: August 2, 1999 SUBJECT: July 1999 Federal Affairs Report 04'7177 7 254-A Maryland Ave., N.E. Washington, D.C. 20002 (202) 543-9395 Facsimile (202) 543-4297 During the month of July, generally, we were awaiting Senate action on the FY 2000 Transportation Appropriations bill. This measure has been held up due to a provision inserted into the bill by the Chairman of the Transportation Appropriations Subcommittee, Senator Dick Shelby, which would place a cap on the amount of transit funds that any one state could receive in any fiscal year at 12.5 per cent. Only New York and California are effected by this provision. As this provision would cost California transit operators over $100 million in FY 2000, Senators Boxer and Feinstein have threatened to offer over 200 amendments to the bill, thus stalling any Senate action on the bill. To date, Senator Shelby has not expressed any interest in removing the offending provision from the bill. In all probability, no action will take place in the Senate until after the August recess (August 7 - September 8). If the past is prologue, the Senate may not take any separate action on the FY 2000 Transportation Appropriations bill. Last year, for example, most FY 99 appropriations bills were not subjected to floor action in the Senate. Instead, the Chairman of the Senate Appropriations Subcommittees would meet with their counterpart on the House side and work out an agreement among themselves, and then that particular bill was attached to a much larger omnibus bill, which was then adopted by the full Senate. On July 13, Tuesday, I discussed the possible Senate Transportation Appropriations bill schedule with the staff of the Senate Transportation Appropriations Subcommittee. On Thursday, July 15, I attended a luncheon for Senator Ted stevens, the Chairman of the Senate Appropriations Committee, and discussed the Senate schedule with his chief of staff, Mitch Rose. 000024 -2 - On Friday, July 23, I met with Cheryl Smith, the minority staff of the House Transportation Appropriations Subcommittee, to discuss the possible Senate schedule. On Wednesday, July 28, I met with Bill Richard, chief of staff of Congressman Jim Oberstar (the senior Democrat on the House Transportation and Infrastructure Committee) to discuss transportation issues. On August 7, the Congress is recess which will continue until very busy, as the Federal fiscal 30, and most appropriations bills new fiscal year (FY 2000). • n0002 scheduled to begin their August September 8. September will be year ends at midnight September have not been finalized for the • T 0. 1 0 ' d .LAO 0 NOSI� W .d.d 11 0 L T= L T N O W 66-Z -OnH • UVIRSJDF C OUNTY TRANSPORTATION C OMMIlC)N/ SAN l3ERNARUINO ASS OCIATED GOVERNMENTS P OSITI ONS ON STATE LEGISLATION Legislation/Author Descripti on AB 38 (Washingt on) E xtends SCAQMD Authorit collect $1 vehicle license fee air quality programs . AB 44 (McClintock) Would require Caltrans and 1 authorities to redesignate all existing HOV lanes as mixed flow. AB 71 (Cunneen) Wo uld permit inherently low emission vehicles (ILEV) to trav el in High Occupancy Vehicle lanes regardless of th number of occupants in the ILEV. Bill Status Position Date of Board Adoption y to for Passed the Assembly Floor 57- 20 on 5/13/99 . Referred to Assembly Committee on Education 6/23/99 . No hearing date yet . SUPPORT SANBAG 3/3/99 RCTC 3/10/99 ocal Referred to Assembly Transportation Committee . Hearing canceled at the request of author. OPPOSE SANBAG 3/3/99 RCTC 3/10/99 • Passed Assembly Floor 79-0 on 5/27/99 . On 7/13/99 passed Senate Transportation Committee 10-1 . Referred to Senate A ppropriations Committee. No hearing date set. SUPPORT S ANBAG 4/7/99 RCTC 4/14/99 Legislation/Author Descripti on Bill Status Position Date of Board Adoption AB 74 (Strom -Martin) • Amended to just Require State Intercity Freight Rail Study . Passed Assembly Floor 52-27 on 6/4/99 . On 7/8/99 passed Senate "Transportation Committee 11-1 . Referred to Senate Appropriations Committee. No hearing date yet. CHANGE FROM OPPOSE TO WATCH OPPOSE SANBAG 3/3/99 RCTC 3/10/99 WATCH S ANBAG 6/2/99 RCTC 6/2/99 AB 102 (Wildman and Hertzberg) Would fund the 1989 Priority So undwall Retrofit list off -the -top of the State Highway Account. Passed the Assembly Flo or 43- 31 on 6/3/99 . Referred to Se nate Transp ortati on Committee . No hearing date yet . CHANGE FROM SEEK AMENDMENT TO OPPOSE SANBAG 3/3/99 -SEEK AMENDMENT RCTC 3/10/99 -SEEK AMENDMENT SANBAG 6/2/99 - OPPOSE RCTC 6/9/99 -OPPOSE AB 276 (Longville) Would redirect a po rtion of sales and gas taxes cu rren tly going to the General Fund to the Public Transportation Account Passed the Assembly Floor on Revenue, Tax and Transportation 14-2 on 5/10/99. Held in A ssembly Appropriations Committee, suspense file. NO RECOMMEN DATI ON SANBAG 4/7/99 RCTC 4/14/99 AB 283 (Longville) Ali Would allo w a resolution of n ecessity to be approved by a County Board of Supervisors, rather than the California Tran sportation Commission. Passed the Assembly Floor 76- 0 on 4/20/99. Passed the Senate Transportation Committee 11-0 on 6/21/99. Referred to Senate Judiciary Committee. No hearine yet. III SPONSOR - ADOPTED AS PART OF THE STATE LEGISLATIVE PROGRAM SANBAG 1/6/99 RCTC 1/13/99 *lation/Author Description • ill tatus Position Date of Board Ad n AB 308 (Long ville) Would require a review and analysis of the Public Transportation Account expenditures and a review of the account's needs Passed the Assembly Floor 48- 31 on 6/2/99. On 6/12/99 passed Senate Transportation Committee 11-1 . Referred to Senate Appropriations Committee. No hearing date yet . NO RECOMMENDATION SANBAG 4/7/99 RCTC 4/14/99 AB 521( McClintock) Would redirect that portion of sales and gas taxes currently going to the General Fund to the State Highway Account. Set for hearing on 4/19/99 in the Assembly Transportatio n C ommittee. Hearing canceled at the request of author. NO RECOMMENDATION SANBAG 4/7/99 RCTC 4/14/99 AB 872 (A lquist) Would allo w reimbursement of local funds used to adv ance STIP programmed projects. Passed the Assembly Floor 78- 0 on 6/1/99 . On 7/6/99 passed Senate Transportation Committee 10-0. Referred to Senate A ppropriations Committee. No hearing date set. SUPPORT SANBAG 4/7/99 RCTC 4/14/99 Legislation/Author Description Bill Status Position Date of Board Ad option AB 923 (Hertzberg) Would increase the fines for Rail Right of Way violations . . Passed the Assembly Fl oor 63- 13 on 5/26/99 . On 7/2/99 passed Senate Transportation Committee 10-0 . Referred to the Senate Judiciary Committee. No hearing date set . SUPPORT S ANBAG 6/2/99 RCTC 6/2/99 AB 1012 (Torlakson) A comprehensive transportati on reform package intended to enhan ce Caltrans' operating environment; includes the RCTC/SANBAG generated "loan" concept. Passed Assembly Floor 73-7 on 6/2/99. Referred to Senate Transportation Committee on 7/12/99. Likely to be heard 8/17/99. SUPPORT SANBAG 4/7/99 RCTC 4/14/99 AB 1425(Runner) Provides Statutory Direction To Caltrans to Insure Mo re TEA21 Funds Flow Directly to Regions. Passed the Assembly Floor 50- 23 on 5/27/99. On 7/6 passed the Senate Transportation Committee 7-2. Referred to the Sen ate Appropriations Committee. No hearing date yet. SUPPORT SANBAG 5/5/99 RCTC 5/12/99 • • •:lati on/Author Description •3i11 Status Position Date of Board Acorn AB 1475 (Soto) Would Designate a Portion of Federal Transportation Safety Funding to School Safety Programs. Passed the Assembly Floor 50- 25 on 6/2/99 . On 7/12 passed Senate Transp ortation Committee 8-3 . Referred to Senate Appropriations Committee. No hearing date yet . OPPOSE SANBAG 6/2/99 RCTC 5/12/99 AB 1571 (Villara igo sa) Creates the Carl Moyer Memorial Air Standards Attainment Program. Passed the Assembly Floor 78- 0 on 5/26/99. Referred to the Senate Transportation Committee & Enviro nmental Quality Committee . Likely to be heard 8/17/99. SEEK AMENDMENTS SANB AG 5/5/99 RCTC 5/12/99 AB 1612 (Florez) Would Allocate $300 M illion of State Highway Acco unt Dollars to Rehabilitate Streets and Roads. Passed the Assembly Floor 60- 20 on 6/2/99. Referred to the Senate Transportation Committee. On 7/7/99 hearing was postponed by Committee. No hearing date yet. OPPOSE UNLESS AMENDED OPPOSE SANBAG 6/2/99 RCTC 5/12/99 • -© Legislation/Author- Description Bill Stat us Position - Date of Board Adoption SB 14 (Rainey) W ould require extensive study prior to construction of future 11OV lanes . Passed the Senate Transportation Committee 33-1 on 6/22/99 . In . Assembly Transportation Committee, no hearing date yet. OPPOSE U NLESS AMENDED SANBAG 3/3/99 RCTC 3/10/99 SB 17 (Figueroa) Would permit employers to receive a tax credit for purchasing transit passes for their employers . Hearing in the Senate Revenue and Taxation Committee on 5/27/99, postponed. SUPPORT SANBAG 3/3/99 RCTC 3/10/99 SB 63 (Solis) Would reduce the minimum o ccupancy for the El Monte Busway from 3 plus to 2 plus. Passed Se nate Floor 40-0 on 5/10/99. On 7/8 passed Assembly Floor 74- 2. Signed into law by Governor on 7/23/99 . OPPOSE UNLESS AMENDED SANBAG 3/3/99 RCTC 3/10/99 SB 65 (Murray) Would appropriate $20 Million to su ppo rt welfare to work transportation projects Senate Transportation Committee 9-0 on 3/16/99. Passed Senate Health & Human Services Co mmittee 6-2 on 3/22/99. Placed on Senate Appropriations Committee Suspense File. SEEK AMENDMENT S ANBAG 4/7/99 RCTC 4/14/99 • • •Iatiofl//\uthor Descripti on •3i11 Status Position Date of Board Ad On SB 98 (Alarcon) Extends SCAQNID Auth ority to collect $1 vehicle license lee for air quality programs. Passed the Senate Floor 28-7 on 4/15/99. Passed Assembly Floor 56- 21 on 6/1/99. Signed int o law by the governor on 6/8/99 . SUPPORT SA NBAG 3/3/99 RCTC 3/10/99 SB 117 (Murray) Makes the State Environmental Enhancement and Mitigation fund permanent. Passed the Senate Floor 24-12 on 6/1/99 . Passed Assembly Transportation Committee 13-4 on 6/29/99. Natural Resources & Wildlife Committee 11-0 on 7/13/99 .Referred to the Assembly Appropriations Committee . No hearing date yet . SUPPORT SANBAG 3/3/99 RCTC 3/10/99 SB 481(Baca) Establishes a Study of the Economic Benefits of an Inland Port. Passed Senate Fl oor 30-4 on 5/24/99. Passed A ssembly Consumer Protection , Governmental Efficiency & Economic Development Committee 7-0 on 6/29/99. Referred to Senate Appropriations. No hearing date yet. SUPPORT WITII AMEN DMENTS SANBAG 5/5/99 RCTC 5/12/99 Legislation/Author Description Bill Status Position Date of Board Adoption SB 928 (Burton) Auth orizes Federal Grant Revenue Anticipation Notes-(Garvee Bonds) Passed Senate Floor 32-3 on 6/2/99 . On 7/13/99 passed Assembly Transportation Committee 18-0 . Referred to Assembly Appropriations Committee. No hearing date yet . NO POSITION. SUPPORT SANBAG RCTC SB 1043 (Murray) Requires the California High Speed Rail Authority to Submit it's Financial Plan to the Legislature for Approval . Passed Senate Floor on 28-9 on 5/27/99 . On 7/8 passed Assembly Floor 78- 0. On 7/28/99 vetoed by Governor . SUPPORT - SANBAG 5/5/99 RCTC 5/12/99 SB 1277 (Hayden) Would Prohibit Construction of Roads in Lands Under the .Jurisdiction of the Department of Parks and Recreation, the Department of Fish and Game and the state conservancies. Passed Senate Nat ural Resources and Wildlife Committee 5-3 on 5/13/99. Passed the Senate Appropriations Committee 7-4 on 6/10/99. Referred to the Senate Floor. OPPOSE NO POSITIO N RCTC 5/12/99 S ANBAG 6/2/99 • • 1'6011/Author SCA 3 (Burton) Descripti on 3i11 Status W ould allow state ballot measure Passed Senate floor for local transportation sales taxes. 27-9 on 7/12/99. Passed Senate Transportation Committee 8-0 on 5/24/99 . Passed Senate Constitutional Amendments Committee 4-1 on 6/9/99 . Passed Senate Appropriations Committee 7-2 on 6/24/99. Passed Senate Floor 27-9 on 7/12/99 to Assembly Transportation Committee . No hearing date yet - likely set f or 8/16/99 . P osition SUPPORT Date of Board Ad on ROTC 5/12/99 SANBAG 6/2/99 • AGENDA ITEM 6 • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: August 23, 1999 TO: Budget & Implementation Committee FROM: Jerry Rivera, Program Manager THROUGH: Dean Martin, Chief Executive Officer SUBJECT: Cooperative Agreement Between the State of California Department of Transportation and the Riverside County Service Authority for Freeway Emergencies for the operation of a Construction Freeway Service Patrol on I-215/SR-60 in Riverside County The Riverside County Freeway Service Patrol (FSP) program operates one of its four beats on I-215/SR-60 with three roving tow trucks during the morning and afternoon commute hours. The FSP program is funded by the State of California (80%) and local SAFE fees (20%). The California Department of Transportation (Caltrans) is constructing a truck climbing lane for southbound traffic on 1-215 from the east junction of SR -60 to University Avenue and on SR -60 from the east junction of SR -60 to Frederick Street. It is Caltrans' desire to implement a construction freeway service patrol during the construction period to assist in transportation system management efforts, provide traffic congestion relief and expedite the removal of freeway impediments, all of which will have the added benefit of reducing accidents and improving air quality in the construction zone. Furthermore, Caltrans would prefer to use the existing RCTC FSP contractor to not only better coordinate service but also eliminate any duplication of service and/or problems that could arise if there 'were two different operators. The attached agreement provides for State funding for the construction period estimated to begin in March 2000 and terminating December 31, 2001, in the amount of $88,000, plus an $8,000 contingency, for a total of $96,000. The agreement will cover all costs associated with the additional truck and RCTC's overhead costs. 000035 Financial Assessment Project Cost Source of Funds $96,000 Included in Fiscal Year Budget No Year Included in Program Budget No Year Programmed Approved Allocation N/A Year of Allocation Budget Adjustment Required Yes Financial Impact Not Applicable STAFF RECOMMENDATION: Approve the agreement with the State of California Department of Transportation, subject to Legal Counsel review, in the amount of $96,000 in State funding for the Construction Freeway Service Patrol on I-215/SR-60 in Riverside County. 000036 • 08-Riv-215-PM R38.4/41.5 (KP R61.8/66.8) 08-Riv-60-PM R12.1/14.3 (KP R19.5/23.0) In Riverside County 08303 - 453001 District Agreement No. 8-1105 CONSTRUCTION FREEWAY SERVICE PATROL (CFSP) COOPERATIVE AGREEMENT This AGREEMENT, entered into on the STATE OF CALIFORNIA, acting by and through its Department twofn Transportation, referred to herein as STATE, and RIVERSIDE COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES, a public entity, referred to herein as RC SAFE. RECITALS (1) Under Streets and Highways Code Section 114, STATE and RC SAFE may enter into a cooperative agreement for maintenance of State highways within Riverside County. (2) STATE and RC SAFE have determined that, due to the nature of the construction project, a Construction Freeway Service Patrol (CFSP) is necessary to assist in transportation system management efforts, provide traffic congestion relief, and expedite the removal of freeway impediments, all of which will have the added benefit of reducing accidents and improving air quality in construction zone. (3) STATE and RC SAFE mutually desire to cooperate and jointly participate in the CFSP and desire to specify herein the terms and conditions under which the CFSP is to be conducted. 1 000037 SECTION I STATE AGREES: (1) To define or specify, in cooperation with RC SAFE, the State highway segments to be served by the CFSP. The CFSP will be funded under Project EA 08-453001. The proposed project is to improve traffic operations and safety by adding a truck climbing lane for southbound traffic on Interstate 215 from the east junction of State Route 60, (PM R38.4, KP R61.8) to University Avenue (PM 41.5, KP 66.8) and on Route 60 from the east junction of Route 60 (PM R12.1, KP R19.5) to Frederick Street (PM 14.3, KP 23.0). (2) To deposit with RC SAFE for CFSP within twenty, five (25) days of receipt of billing therefore, (which billing will be forwarded 15 days prior to RC SAFE contracting with its FSP Contractor. The amount of $88,000, which figure represent the total obligation for said anticipated CFSP Program costs under this Agreement, and shall not exceed the amount of $96,000. Anticipated costs are shown on attached EXHIBIT "A" which, by this reference, is made a part of this Agreement. SECTION II RC SAFE AGREES: (1) To develop and award, in cooperation with STATE, the CFSP contract for the selected segments of highway in the construction project in Riverside County freeways, using existing RC SAFE Freeway Service Patrol Towing Contractors. The existing towing contractor has been chosen as a result of RC SAFE's standard contract process for competitive bid process for Freeway Service Patrol. The contract was awarded based on price and qualifications of each contractor. (2) To use competitively bid existing contractor for the necessary communications system and related equipment which may include voice, data, and Automatic Vehicle Location (AVL) terminal and affiliated software. (3) To submit CFSP operational contract invoices and receipts of actual expenditures to STATE at the completion of construction and prior to acceptance of the construction project under EA 08-453001. 2 • • 000038 • • • (4) To deposit all STATE funds transferred to RC SAFE, into an interest bearing account whereby the principal and interest earned shall be available for the CFSP. The CFSP fund must be a unique CFSP fund, separate from other RC SAFE funds. (5) At the end of operation of the CFSP, to furnish STATE with a detailed statement of the total direct costs to be borne by STATE. RC SAFE thereafter shall refund to STATE (promptly after completion of RC SAFE's final accounting of CFSP Program costs), any amount of STATE's funds remaining after actual final costs to be borne by STATE have been deducted, or to bill STATE for any additional amount required to complete STATE's financial obligation pursuant to this Agreement, subject to the limitations of STATE funds as stipulated in said Section I, Article (2). 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 encumbrance of funds under this Agreement. (2) All obligations of RC SAFE under the terms of this Agreement are subject to authorization and allocation of resources by RC SAFE. (3) RC SAFE and STATE shall jointly define the scope of the CFSP, as well as the appropriate level of CFSP funding recommendations and scope of service and equipment required to provide and manage the CFSP. No changes shall be made unless mutually agreed to in writing by the parties to this Agreement. (4) Nothing in the provisions of this Agreement is intended t 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 maintenance of State highways different from the standard of care imposed by law. (5) Neither RC SAFE 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 STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, 3 `000039 (6) STATE shall fully defend, indemnify and save harmless RC SAFE, all officers and employees 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, authority or jurisdiction delegated to STATE under this Agreement. 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 RC SAFE under or in connection with any work, authority or jurisdiction delegated to RC SAFE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, RC SAFE shall fully defend, indemnify and save harmless the State of California, all officers and employees, 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 RC SAFE under or in connection with any work, authority or jurisdiction delegated to RC SAFE under this Agreement. (7) Each of the contracting parties shall be subject to examination and audit for a period of three (3) years after final payment under the cooperative agreement in accordance with Government Code Section 8546.7. In addition, RC SAFE and STATE may be subject to the examination and audit by representatives of either party. The examination and audit shall be confined to those matters connected with the performance of the contract including, but not limited to, the costs of administering the contract. (8) The actual costs of the CFSP referred to in this Agreement shall conform and comply with provisions and/or regulations contained in Office of Management and Budget (OMB) Circular A-87 - "Cost Principles for State, Local and Indian Tribal Governments" (Federal Acquisitions Regulation 48 CFR, Chapter 1, Part 31, Subpart 31.602). RC SAFE also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments". Any costs for which payment has been made to RC SAFE that are determined by subsequent audit to be unallowable under OMB Circular A-87, or 49 CFR, Part 18, are subject to repayment by RC SAFE to STATE. (9) This Agreement may be terminated by STATE or RC SAFE at any time by 30 days written notice to the other party. If terminated by STATE, STATE shall reimburse RC SAFE for all mutually agreed upon costs associated with this Agreement 4 • ;00.0.040 for services already performed. If terminated by RC SAFE, RC SAFE shall reimburse STATE for all mutually agreed upon costs associated with this Agreement for services already performed. Unused and uncommitted funds shall be refunded to the appropriate party. 10) This Agreement shall terminate on completion of Project 08- 453001, unless earlier terminated or on December 31, 2001. Upon termination, any unexpended STATE funds, plus accrued interest in those funds, in the possession of RC SAFE, shall be returned to STATE. All equipment purchased with STATE funds shall be returned to STATE. STATE OF CALIFORNIA Department of Transportation JOSE MEDINA Director of Transportation By: By: S. LISIEWICZ District Director RIVERSIDE COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES Jack F van Haaster Chairman REVIEWED AND RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM AND PROCEDURE: Eric Haley, Executive Director Attorney, REVIEWED FOR FISCAL Department of Transportation IMPACT: CERTIFIED AS TO FUNDS: District Budget Manager CERTIFIED AS TO PROCEDURE: Accounting Administrator • 5 By: Dean Martin, Chief Financial Officer APPROVED AS TO FORM: By: Steven C. DeBaun Best, Best & Krieger Commission Counsel 000041 EXHIBIT "A" Cost Estimates for Construction Freeway Service Patrol (CFSP) Estimated Working Day 4 200 Estimated Required Number of Tow Truck 4 1 Estimated Hours of Service Per Day 4 8 Estimated Cost of Tow Truck Per Hour - $46.00 Estimated RCSAFE Administering CFSP Cost 4 5% of Total cost of CFSP Calculation: Estimated CFSP Cost = (200days)(8Hrs per day)($46.00 per hour)(1 Tow truck) = $ 73,600.00 Additional Equipment Cost, i.e. Radios, Vest, Brochure, etc. = $2500.00 Sub Total = ($73600.00)+($2500.00)= $ 76,100.00 5% RCSAFE Administering Cost = (5%)($76100) = $3,680.00 Sub -Total = $73,600.00 + $3,680.00 = $ 79,780.00 Say $80,000.00 Add 10% Contingency Fund = (10%) ($80,000) = $8,000.00 Total = $80,000.00 + $8,000.00 = $88,000.00 Total with 20% Contingency Fund = (20%)($80,000) = $16,000.00 Upper Limit Total = $80,000 + $16,000.00 = $96,000.00 Total with 10% Contingency Fund = $ 88,000.00 Total with 20% Contingency Fund = $96,000.00 * This CFSP will be funded 100% from the Project EA. 000042 • AGENDA ITEM 7 • • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION I DATE: August 23, 1999 TO: Budget & Implementation Commit -tee FROM: Jerry Rivera, Program Manager THROUGH: Dean Martin, Chief Financial Officer SUBJECT: Agreements between San Bernardino Associated Governments and Riverside County Transportation Commission for the Provision of Dispatch Services in the San Bernardino and Indio California Highway Patrol Offices The Riverside County Motorist Aid CaII Box system has been in operation since April 1990 and currently includes 1,123 call boxes on all freeways and major highways in the county. Approximately 66,800 call are made annually by motorists in Riverside County, and all of the calls are answered by the California Highway Patrol (CHP) at either the Inland Dispatch Center in San Bernardino or the Indio Dispatch Center. The CHP is reimbursed for its services through a formula which takes into account the annual number of calls received by a dispatch center for a particular call box program divided by the number of calls that a dispatch operator can handle in a twelve month period and determines the number of operators needed to staff the center. The number is rounding up to the next whole number and each program is billed accordingly. Besides the salary and benefits costs for the required communication operator positions, each program is also is billed for indirect costs applied to the personnel costs, a proportionate share of the CHP SAFE Coordinator position and related computer equipment costs, translation service costs, and any other telephone system costs associated with the program. The San Bernardino call box program was also implemented around the same time as Riverside County's program. At that time, it was mutually agreed that SanBAG would enter into an agreement with the CHP and bill RCTC for its share of the costs for the Inland Dispatch Center based upon RCTC's number of calls to the total number of call received at the center. It was also agreed that RCTC would contract with the CHP for the Indio Dispatch Center and bill SanBAG for its share of the costs on a similar basis. This arrangement allowed both programs to save money since the fraction of each position was not rounding up to the next whole number and the dispatch center would still be staffed appropriately. Otherwise, RCTC would pay for two positions at Inland (rather than approximately 1.68 positions) and two positions than 1.9 positions), and SanBAG would be charged for threepositions dat Inland (versus approximately 2.32 positions) and one position at Indio (versus 0.1 position). In fiscal year 1998-99, it is estimated RCTC will reimburse SanBAG $109,000 for its share of the CHP Inland Dispatch Center and receive approximately $5,500 from SanBAG for services at the CHI Indio Dispatch Center. The estimated costs for FY 1999-2000 is included in the approved RCTC Motorist Aid program budget. t. . 00`0043 Both programs have benefitted from the agreement and wish to continue working cooperatively. The attached agreements formalize the costs sharing arrangement between SanBAG and RCTC for the CHP Dispatch Centers in San Bernardino and Indio. The agreements are to remain in full force and effect until either terminated by the mutual agreement of the parties or by either party giving one hundred eighty days written notice. Financial Assessment Project Cost $ 120,000 Source of Funds SAFE Fees Included in Fiscal Year Budget Yes Year Included in Program Budget Yes Year Programmed 1999- 00 Approved Allocation N/A Year of Allocation Budget Adjustment Required No Financial Impact Not Applicable STAFF RECOMMENDATION: Authorize the Executive Director to execute the agreements between San Bernardino Associated Governments and Riverside County Transportation Commission for the provision of dispatch services in the San Bernardino and Indio California Highway Patrol offices for the Riverside County Motorist Aid Call Box program. • • • 00044 • • • AGREEMENT BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND SAN BERNARDINO ASSOCIATED GOVERNMENTS FOR THE PROVISION OF DISPATCH SERVICES IN THE INDIO CALIFORNIA HIGHWAY PATROL OFFICES THIS AGREEMENT ("Agreement") is entered into as of this day of 1999, in the State of California by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION referred to herein as "Riverside County Service Authority for Freeway Emergencies (Riverside County SAFE)," a public entity, and SAN BERNARDINO ASSOCIATED GOVERNMENTS referred to herein as "San Bernardino County Service Authority for Freeway Emergencies (San Bernardino County SAFE)," a public entity. RECITALS WHEREAS, Riverside County SAFE and San Bernardino County SAFE were established pursuant to Section 2551 of the California Streets and Highways Code for the purposes of implementing, maintaining and operating motorist aid systems call boxes on freeways and state highways; and WHEREAS, Riverside County SAFE and San Bernardino County SAFE have entered into agreements (the "CHP Agreements") with the State of California Department of the Highway Patrol (CHP) for service and assistance in accordance with the Joint CHP/Caltrans Guidelines for County SAFE Call Box Systems, which agreements may be extended from time to time by the parties; and WHEREAS, the Riverside County SAFE and San Bernardino County SAFE have determined that the cooperative use of dispatch services in the Indio CHP Office will provide for better coordination and cost savings for both agencies; NOW, THEREFORE, Riverside County SAFE and San Bernardino County SAFE, hereby agree as follows: SECTION 1 TERMS AND CONDITIONS 1. The Riverside County SAFE and San Bernardino County SAFE agree to share the CHP dispatch service costs at the Indio CHP Office as set forth below. 2. The Riverside County SAFE and San Bernardino County SAFE agree to share the CHP service costs incurred under the CHP Agreements as follows: 000045 A. The quarterly billing of dispatch services identified in Section 12(a) through (e) shall be shared based on the percentage of calls generated from each of the call box systems operated by the Riverside County and San Bernardino County SAFES during the billing period. The total volume of motorist aid calls generated during the quarter shall be used to determine the percentage of calls applicable to each agency. The quarterly billing for dispatch services shall be divided between the Riverside County and San Bernardino County SAFES based upon the percentage of calls applicable to each during the quarter. B. The capitalized maintenance costs of all CHP communication equipment (with the exception of the computer assisted dispatch system, the payment of which has already been agreed to between the CHP, Riverside County SAFE. and San Bernardino County SAFE) for call box dispatch services currently installed at the Indio CHP Office will be shared equally by the Riverside County and San Bernardino County SAFE. All costs associated with the purchase and installation of any additional equipment shall be shared as mutually agreed upon by the parties based upon the estimated percentage of each use by each agency. C. All trunk line operations and maintenance costs for those trunk lines currently installed shall be shared equally by the parties. The costs associated with any additional trunk lines shall be shared based upon the percentage of use of additional trunk lines by Riverside and San Bernardino SAFES. D. Each SAFE shall be responsible for the costs of all translation service calls in its respective county. SECTION II FEES AND PAYMENTS 1. The San Bernardino County SAFE shall provide monthly data regarding the call box calls that were made to the Indio CHP Dispatch to Riverside County SAFE on a quarterly basis. 2. The Riverside County SAFE shall timely pay all costs billed by the CHP under the CHP Agreement and then bill the San Bernardino County SAFE on a quarterly basis for San Bernardino County SAFE's share of all costs billed by the CHP as described in Section I, Item 2. 3. San Bernardino County SAFE shall make payment to the Riverside County SAFE within forty-five (45) days of its receipt and approval of each quarterly billing. SECTION III GENERAL PROVISIONS 1. This agreement shall remain in full force and effect from its effective date until either terminated by mutual agreement between the parties or as provided in Section 3 below or upon the expiration of the CHP Agreements. • • • 900046 • • • Neither party shall assign, sublet, or transfer this agreement or any part hereof. without the written consent of the other agency. 3. This agreement may be terminated by either party by giving one hundred eighty (180) days written notice. 4. This agreement may be amended at any time by written agreement of the each agency. 5. No waiver of a breach of any provision of this agreement shall constitute a waiver of any other breach, or of such provision. Failure of either party to enforce any time, or from time - to -time, any provision of this agreement shall not be construed as waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity. 6. Should any part, term, portion, or provision of this agreement be finally decided to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity ofthe remaining parts, terms, portions or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the parties intended to enter in the first instance. 7. This agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations and modifications concerning this agreement shall be of no force or effect unless provided in writing and signed by both parties. 8. Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice or may be served by certified mail. return receipt requested, to the following address: Riverside County SAFE 3560 University Avenue, Suite 100 Riverside, CA 92501 Tel: (909) 787-7141 Fax: (909) 787-7920 San Bernardino County SAFE 472 North Arrowhead Avenue San Bernardino, CA 92401-1421 Tel: (909) 884-8276 Fax: (909) 885-4407 Such notice shall be deemed made when personally delivered, or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. 9. Both parties hereby waive their respective right to trial by jury and agree to accept trial by judge alone of any cause of action, claim, counterclaim or cross -complaint in any action, proceeding and/or hearing brought by either party against the other party on any matter whatsoever arising out of, or in any way connected with, this agreement, the relationship of the parties, or any claim of injury or damage, or the enforcement of any remedy under any law, statute. or regulation, emergency or otherwise, now or hereafter in effect, regardless of 1- 000047 whether such action or proceeding concerns any contract or tort or other claim. 10. If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. 11. The individual executing this agreement on behalf of each party warrants that he/she is authorized to execute the agreement on behalf of his/her agency and the agency will be bound by the terms and conditions contained herein. IN WITNESS THEREOF, THE AUTHORIZED PARTIES HAVE BELOW SIGNED AND EXECUTED THE AGREEMENT ON THE EFFECTIVE DATE: RIVERSIDE COUNTY SAFE SAN BERNARDINO COUNTY SAFE Jack F. van Haaster, Chairman Robert Christman, President Date: Date: REVIEWED AND RECOMMENDED REVIEWED AND RECOMMENDED APPROVAL APPROVAL Eric A. Haley, Executive Director Norman R. King, Executive Director Date: Date: Reviewed for Fiscal Impact: Dean Martin, Chief Financial Officer APPROVED AS TO FORM FOR APPROVED AS TO FORM FOR RIVERSIDE COUNTY SAFE SAN BERNARDINO COUNTY SAFE Steven C. DeBaun Best, Best & Krieger Commission Counsel 000048 Rex A. Hinesley, Legal Counsel • • 410 • • • AGREEMENT NO. 00-005 BETWEEN SAN BERNARDINO ASSOCIATED GOVERNMENTS AND RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR THE PROVISION OF DISPATCH SERVICES IN THE SAN BERNARDINO CALIFORNIA HIGHWAY PATROL OFFICES THIS AGREEMENT ("Agreement") is entered into as of this 7th day of July 1999, in the State of California by and between SAN BERNARDINO ASSOCIATED GOVERNMENTS referred to herein as "San Bernardino Service Authority for Freeway Emergencies (San Bernardino SAFE)," a public entity, and the RIVERSIDE COUNTY TRANSPORTATION COMMISSION referred to herein as "Riverside Service Authority for Freeway Emergencies (Riverside SAFE)," a public entity. RECITALS WHEREAS, San Bernardino SAFE and Riverside SAFE were established pursuant to Section 2551 of the California Streets and Highways Code for the purposes of implementing, maintaining and operating motorist aid systems call boxes on freeways and state highways; and WHEREAS, San Bernardino SAFE and Riverside SAFE have entered into agreements with the State of California Department of the Highway Patrol (CHP) for service and assistance in accordance with the Joint CHP/Caltrans Guidelines for County SAFE Call Box Systems; and WHEREAS, the San Bernardino SAFE and Riverside SAFE have determined that the cooperative use of dispatch services in the San Bernardino Inland CHP Office will provide for better coordination and cost savings for both agencies; NOW, THEREFORE, San Bernardino SAFE and Riverside SAFE, hereby agree as follows: SECTION 1 TERM AND CONDITIONS 1. The San Bernardino SAFE and Riverside SAFE agree to share the CHP dispatch service costs at the San Bernardino CHP Office. 2. The San Bernardino SAFE and Riverside SAFE agree to split the CHP service costs as follows: 0:\A00005.doc Page 2 of 5 'CIO 0049 A. The quarterly billing of dispatch services shall be split based on the percentage of calls generated from each of the call box systems operated by the San Bernardino and Riverside SAFEs during the billing period. The total volume of motorist aid calls generated during the quarter shall be used to determine the percentage of calls applicable to each agency. The quarterly billing for dispatch services shall be divided between the San Bernardino and Riverside SAFEs based upon the percentage of calls applicable to each during the quarter. B. The costs of all CHP communication equipment (with the exception of the computer assisted dispatch system, the payment of which has already been agreed to between the CHP, San Bernardino SAFE, and Riverside SAFE) for call box dispatch services currently installed at the San Bernardino CHP Office will be shared equally by the San Bernardino and Riverside SAFE. All costs associated with the purchase and installation of any additional equipment shall be shared as mutually agreed upon by the parties based upon the estimated percentage of each use by each agency. C. All trunk line operations and maintenance costs for those trunk lines currently installed shall be shared equally by the parties. The costs associated with any additional trunk lines shall be shared based upon the percentage of use of additional trunk lines by San Bernardino and Riverside SAFEs. D. Each SAFE shall be responsible for the costs of all translation service calls in its respective county. SECTION II FEES AND PAYMENTS 1. The Riverside SAFE shall provide monthly data regarding the call box calls that were made to the San Bernardino Inland CHP Dispatch to San Bernardino SAFE on a quarterly basis. 2. The San Bernardino SAFE shall pay all costs billed by the CHP and then bill the Riverside SAFE on a quarterly basis for Riverside SAFE's share of all costs billed by the CHP as described in Section I, Item 2. 3. Riverside SAFE shall make payment to the San Bernardino SAFE within ninety (90) days of its receipt and approval of each quarterly billing. SECTION III GENERAL PROVISIONS 1. This agreement shall remain in full force and effect from its effective date until either terminated by mutual agreement between the parties or as provided in Section 3 below. O:\A00005.doc Page 3 of 5 • • • 0000.50 • • 2. Neither party shall assign, sublet, or transfer this agreement or any part hereof, without the written consent of the other agency. 3. This agreement may be terminated by either party by giving one hundred eighty (180) days written notice. 4. This agreement may be amended at any time by written agreement of the each agency. 5. No waiver of a breach of any provision of this agreement shall constitute a waiver of any other breach, or of such provision. Failure of either party to enforce any time, or from time - to time, any provision of this agreement shall not be construed as waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity. 6. Should any part, term, portion, or provision of this agreement be finally decided to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the parties intended to enter in the first instance. 7. This agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations and modifications concerning this agreement shall be of no force or effect unless provided in writing and signed by both parties. 8. The parties acknowledge and agree that this agreement was entered into and intended t be performed in whole or substantial part in San Bernardino County, California. he parties agree that the venue for any action or claim brought by any party to this agreement will be the Central District of San Bernardino County. Each party hereby waives any law or rule of court which would allow them to request or demand a change of venue. If any action or claim concerning this agreement is brought by any third party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District of San Bernardino County. 9. Any notice or notices required or permitted personally served on the other party by the certified mail, return receipt requested, to the San Bernardino SAFE 472 North Arrowhead Avenue San Bernardino, CA 92401-1421 Tel: (909) 884-8276 Fax: (909) 885-4407 0:\A00005.doc to be given pursuant to this agreement may be party giving such notice or may be served by following address: Riverside SAFE 3560 University Avenue, Suite100 Riverside, CA 92501 Tel: (909) 787-7141 Fax: (909) 787-7920 Page& 4 of 5 000051 Such notice shall be deemed made when personally delivered, or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. 10. Both parties hereby waive their respective right to trial by jury and agree to accept trial by judge alone of any cause of action, claim, counterclaim or cross -complaint in any action, proceeding and/or hearing brought by either party against the other party on any matter whatsoever arising out of, or in any way connected with, this agreement, the relationship of the parties, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect, regardless of whether such action or proceeding concerns any contract or tort or other claim. 1 1 . If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. 12. The individual executing this agreement on behalf of each party warrants that he/she is authorized to execute the agreement on behalf of his/her agency and the agency will be bound by the terms and conditions contained herein. IN WITNESS THEREOF, THE AUTHORIZED PARTIES HAVE BELOW SIGNED AND EXECUTED THE AGREEMENT ON THE EFFECTIVE DATE: SAN BERNARDINO SAFE RIVERSIDE SAFE Robert Christman, President Date: Eric Haley, Executive Director Date: REVIEWED AND RECOMMENDED APPROVAL Reviewed for Fiscal Impact: Dean Martin Norman R. King, Executive Director Chief Financial Officer Date: APPROVED AS TO FORM FOR Date: APPROVED AS TO FORM FOR SAN BERNARDINO SAFE RIVERSIDE SAFE Rex A. Hinesley, L ounsel Legal Counsel • • • o:\A000050ah0052` Page 5 of 5 • • • AGENDA ITEM 8 • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: August 23, 1999 TO: Budget and Implementation Committee FROM: Shirley Medina, Staff Analyst THROUGH: Dean Martin, Chief Financial Officer SUBJECT: Surface Transportation Program Local Programs - Follow up At the June 2, 1999 Commission meeting, the Commission approved the TEA 21 STP Local Programs for fiscal years 1999/00 - 2002/03. This also included any funding carryover from ISTEA. The following six cities did not submit projects: Blythe, Calimesa, Coachella, Desert Hot Springs, Indian Wells, and Norco. To clarify, there was no deadline given to the local agencies for submittal of projects to program the local STP funds in June. However, given the recent issue of timely implementation of projects at the State level, the Commission requested those agencies which did not submit projects to submit projects in 90 days for programming or they would consider reallocating the funds. All six cities have submitted the following projects for approval at the September 8, 1999: Agency Funding Project Description Blythe $ 42,156 Signal on Lovekin and 1-10 Calimesa $ 77,250 Intersection improvements at Calimesa Blvd and County Line Road Coachella $ 307,370 Rehab Van Buren St - Ave 52 to Ave 56, Overlay Airport Blvd in front of Coachella Valley High School Desert Hot Springs $ 166,523 Rehab on Palm Dr -Hacienda to Pierson Indian Wells $ 83,904 ADA improv. On Hwy 111, rehab, lane widening on Miles and Washington 000053 Norco $1,091,140 Rehabilitation/Overlay on: Hamner - Fourth St to Santa Ana River, Fifth St. - Corydon to California Avenues, Western - South of Fifth St, Second St - River Road to Hamner Ave, First St - Valley View to Temescal, Seventh St - Valley View to California, Third St - Corona to Hillside, Detroit St - Hamner to Valley View, Parkridge Ave - Second to Cota St. Upon Commission approval, the above projects will be included the Regional Transportation Improvement Program. Due to the programming of the STP projects approved in June, the above projects will be programmed in Fiscal Year 2001/02. This does not preclude any project ready to be obligated to proceed with obligation once it is approved in the RTIP. Local agencies will be notified of the RTIP approval. Financial Assessment Project Cost N/A Source of Funds Surface Transportation Funds Included in Fiscal Year Budget Year Included in Program Budget Year Programed Approved Allocation Year of Allocation Budget Adjustment Required Financial Impact Not Applicable Y STAFF RECOMMENDATION: Approve the above Surface Transportation Program Local Projects and ensure that they are included in the Regional Transportation Improvement Program. 000054 • • • • • AGENDA ITEM 9 • • 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: August 23, 1999 TO: Budget & Implementation Committee FROM: Jerry Rivera, Program Manager THROUGH: Dean Martin, Chief Executive Officer SUBJECT: Fund Transfer Agreement 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 The Riverside County Freeway Service Patrol (FSP) program has been in operation for almost five years and provides roving tow truck service on four beats of SR -91 and I-215/SR-60 during the morning and afternoon commute hours. The FSP program is funded by the State of California (80%) and local SAFE fees (20%). Funds are allocated to participating local agencies through a formula based on population, freeway lane miles, and levels of congestion. The attached agreement provides for continued State funding for fiscal year 1999- 2000 in the amount of $918,500. This is an increase of $282,200 over the funding level for FY 1998-99, and will provide funding for the addition of two trucks on FSP beat #25 on 1-15 between SR -91 and SR -60. The Riverside County SAFE must provide matching funds of $229,625. The increased funding levels were included in the Commission's FY 1999-00 budget for the Motorist Assistance Program. Annually, the program provides approximately 18,000 assists to stranded motorists along three segments of SR -91 and one segment of I-215/SR-60. The Commission contracts with two tow truck operators to patrol these routes Monday through Friday during peak commute hours. The program's day to day field supervision is handled by the California Highway Patrol. Financial Assessment Project Cost $229,625 Source of Funds Included in Fiscal Year Budget SAFE Yes Included in Program Budget Approved Allocation Yes N/A Year Programmed Year of Allocation Year 1998- 99 a s . ; 000055 Financial Assessment Budget Adjustment Required No Financial Impact Not Applicable STAFF RECOMMENDATION: Approve the agreement with the State of California Department of Transportation, subject to Legal Counsel review, in the amount of $918,500 in State funding for the Riverside County Freeway Service Patrol program for FY 1999-2000. • • • 000056 • FREEWAY SERVICE PATROL PROGRAM FUND TRANSFER AGREEMENT (Non -Federal) Agreement No.: FSP-6054(013) Location: 08-RIV-O-RCTC Project No.: FSP-6054(013) EA: 08-924402 THIS AGREEMENT, effective on July 1. 1999, is between the State of California. acting by and through the Department of Transportation, hereinafter referred to as STATE, and the Riverside County Transportation Commission-RCTC, a public agency, hereinafter referred to as "ADMINISTERING AGENCY." WHEREAS, Streets and Highways Code (S&HC) Section 2560 et seq. authorizes STATE and administering agencies to develop and implement a Freeway Service Patrol (FSP) program on traffic - congested urban freeways throughout the state; and WHEREAS, STATE has distributed available State Highway Account funds to administering agencies participating in the FSP Program in accordance with S&HC Section 2562; and WHEREAS, ADMINISTERING AGENCY has applied to STATE and has been selected to receive funds from the FSP Program for the purpose of providing Freeway Service Patrols on State Routes 60, 91 & 215, hereinafter referred to as "PROJECT"; and WHEREAS, proposed PROJECT funding is as follows: Total Cost $ 1,148,125 State Funds $ 918,500 Local Funds $ 229,625 ; and • WHEREAS, STATE is required to enter into an agreement with ADMINISTERING AGENCY to delineate the respective responsibilities of the parties relative to prosecution of said PROJECT; and WHEREAS, STATE and ADMINISTERING AGENCY mutually desire to cooperate and jointly participate in the FSP program and desire to specify herein the terms and conditions under which the FSP program is to be conducted; and WHEREAS, ADMINISTERING AGENCY has approved entering into this Agreement under authority of Resolution No. approved by ADMINISTERING AGENCY on copy of which is attached.. , a NOW, THEREFORE, the parties agree as follows: For Caltrans Use Only I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance Chapter Statutes 2660-101-0042 Accountin . Officer Fiscal Program Year 99- 20.30.010.600 2000 Category 262041 Fund Source 02-042T Non -Fed FSP 6/9/99 000057 SECTION I STATE AGREES: 1. To define or specify, in cooperation with ADMINISTERING AGENCY, the limits of the State Highway segments to be served by the FSP as well as the nature and amount of the FSP dedicated equipment, if any, that is to be funded under the FSP program. To pay ADMINISTERING AGENCY the STATE's share, in amount not to exceed $918,500 , of eligible participating PROJECT costs. 3. To Deposit with ADMINISTERING AGENCY, upon ADMINISTERING AGENCY's award of a contract for PROJECT services and receipt of an original and two signed copies of an invoice in the proper form, including identification of this Agreement Number and Project Number, from ADMINISTERING AGENCY, the amount of $146,960. This initial deposit represents STATE's share of the estimated costs for the initial two months of PROJECT. Thereafter, to make reimbursements to ADMINISTERING AGENCY as promptly as state fiscal procedures will permit, but not more often than monthly in arrears, upon receipt of an original and two signed copies of invoices in the proper form covering actual allowable costs incurred for the prior sequential month's period of the Progress Payment Invoice. (The initial deposit will be calculated at 16% of the STATE's total share.) 4. When conducting an audit of the costs claimed by ADMINISTERING AGENCY under the provisions of this Agreement, STATE will rely to the maximum extent possible on any prior audit of ADMINISTERING AGENCY performed pursuant to the provisions of State and federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to STATE when planning and conducting additional audits. SECTION II ADMINISTERING AGENCY AGREES: 1. To commit and contribute matching funds totaling $ 229,625, from ADMINISTERING AGENCY resources, which shall be an amount not less than 25 percent of the amount provided by STATE from the State Highway Account. The ADMINISTERING AGENCY's detailed PROJECT Cost Proposal which identifies all anticipated direct and indirect PROJECT costs which ADMINISTERING AGENCY may invoice STATE for reimbursement under this Agreement is attached hereto and made an express part of this Agreement. The detailed PROJECT Cost Proposal reflects the provisions and/or regulations of Section III, Article 8, of this Agreement. 3. To use all state funds paid hereunder only for those transportation related PROJECT purposes that conform to Article XIX of the California State Constitution. 000058 Non -Fed FSP 6/9/99 • • • • • 9. • 4. STATE funds provided to ADMINISTERING AGENCY under this Agreement shall not be used for administrative purposes by ADMINISTERING AGENCY. 5. To develop, in cooperation with STATE. advertise, award and administer PROJECT contract(s)in accordance with ADMINISTERING AGENCY competitive procurement procedures. 6. Upon award of a contract for PROJECT. to prepare and submit to STATE an original and two signed copies of invoicing for STATE's initial deposit specified in Section I, Article 3. Thereafter. to prepare and submit to STATE an original and two signed copies of progress invoicing for STATE'S share of actual expenditures for allowable PROJECT costs. 7. Said invoicing shall evidence the expenditure of ADMINISTERING AGENCY's PROJECT participation in paying not less than 20% of all allowable PROJECT costs and shall contain the information described in Chapter 5 of the Local Assistance Procedures Manual and shall be mailed to the Department of Transportation, Accounting Service Center, MS 33, Local Programs Accounting Branch, P.O. Box 942874, Sacramento CA, 94274-0001. 8. Within 60 days after completion of PROJECT work to be reimbursed under this Agreement, to prepare a final invoice reporting all actual eligible costs expended, including all costs paid by ADMINISTERING AGENCY and submit that signed invoice, along with any refund due STATE, to the District Local Assistance Engineer. Backup information submitted with said final invoice shall include all FSP operational contract invoices paid by ADMINISTERING AGENCY to contracted operators included in expenditures billed for to STATE under this Agreement. Any costs for which ADMINISTERING AGENCY receives payment that are determined by subsequent audit to be unallowable are to be repaid to STATE by ADMINISTERING AGENCY within thirty (30) days of ADMINISTERING AGENCY receiving notice of audit findings. Should ADMINISTERING AGENCY fail to reimburse moneys due STATE within (30) days of demand, or within .such other period as may be agreed between both parties hereto, STATE reserves the right to withhold future payments due ADMINISTERING AGENCY from any source, including, but not limited to, the State Treasurer and the State Controller. 10. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs. and other expenditures by ADMINISTERING AGENCY. 11. ADMINISTERING AGENCY and its subcontractors shall maintain all source documents, books and records connected with its performance under this Agreement for a minimum of three years from the date of final payment to ADMINISTERING AGENCY or until audit resolution is achieved and shall make all such supporting information available for inspection and audit by representatives of the STATE. Copies will be made and furnished by ADMINISTERING AGENCY upon request. Non -Fed FSP 00005'9' , 6/9/99 4 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 encumbrance of funds under this Agreement. Funding and reimbursement is available only upon, the passage of the State Budget Act containing these STATE funds. The starting date of eligible reimbursable activities shall be July 1, 1999. 2. All obligations of ADMINISTERING AGENCY under the terms of this Agreement are subject to authorization and allocation of resources by ADMINISTERING AGENCY. 3. ADMINISTERING AGENCY and STATE shall jointly define the initial FSP program as well as the appropriate level of FSP funding recommendations and scope of service and equipment required to provide and manage the FSP program. No changes shall be made in these unless mutually agreed to in writing by the parties to 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 maintenance 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 injury, damage or liability occurring or arising by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. It is understood and agreed that. pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save harmless the State of California, its officers and employees 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 ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. 6 Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by STATE under or in connection with any work, authority 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 ADMINISTERING AGENCY, its officers and employees 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, authority or jurisdiction delegated to STATE under this Agreement. 7. ADMINISTERING AGENCY will maintain an inventory of all non expendable PROJECT equipment, defined as having a useful life of at least two years and an acquisition cost of $500 or more, paid for with PROJECT funds. At the conclusion of this Agreement, ADMINISTERING AGENCY may either keep such equipment and credit STATE its share of equipment's fair market 000,060 Non -Fed FSP 6/9/99 • • • • • value or sell such equipment at the best price obtainable at a public or private sale (in accordance with established STATE procedures) and reimburse STATE its proportional share of the sale price. 8. ADMINISTERING AGENCY and its sub -contractors will comply with all applicable Federal and State laws and regulations. including but not limited to, Office of Management and Budget Circular A-97, Cost Principles for State and Local Governments (49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments). 9. In the event that ADMINISTERING AGENCY fails to operate the PROJECT commenced and reimbursed under this Agreement in accordance with the terms of this Agreement or fails to comply with applicable Federal and State laws and regulations, STATE reserves the right to terminate funding for PROJECT, or portions thereof, upon written notice to ADMINISTERING AGENCY. 10. This Agreement shall terminate on June 30, 2001; However, the non -expendable equipment, and liability clauses shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation By: Chief, Office of Local Programs Project Implementation Date: AGENCY By: Title: Date: 0Onng Non -Fed FSP 6/9/99 • • AGENDA ITEM 10 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: August 23, 1999 TO: Budget & Implementation Committee FROM: Paul Blackwelder, Deputy Executive Director Bill Hughes, Bechtel Project Manager Karl Sauer, Bechtel Resident Engineer THROUGH: Eric Haley, Executive Director SUBJECT: Award of Contract No. RO-9969 for construction of Sound Wall #98 and Drainage Canal Relocation and Rehabilitation along the South side of Route 91 between Tyler and Monroe Streets in the City of Riverside (Phase II SW) At the May RCTC meeting, the Commission authorized staff to advertise for bids for construction of Sound Wall #98, located along the South side of Route 91, between Jackson and Monroe Streets, in the City of Riverside, the relocation of an existing concrete drainage channel adjacent to Sound Wall #98, and the rehabilitation of an existing concrete drainage channel on the South side of Route 91, between Tyler and Van Buren. The construction costs for the project were estimated to be as follows: Project Sound Wall #98 Canal Relocate & Rehab Total Project Cost Range Estimated Cost Range $450,000 to $500,000 $275,000 to $300,000 $725,000 to $800,000 Funded By RCTC Caltrans The project was advertised starting on May 22, 1999. Three (3) bids were received and opened on June 17, 1999, at 2:00 p.m.. A summary of the bids are shown below: Sound Wall #98 Bid Summary Firm (in order from low bid to high bid) Bid Amount Amount Over Low Bid Engineer's Estimate $725,000 to $800,000 1 HILLSIDE CONTRACTORS, INC. $793,960 $0 2 R. FOX CONSTRUCTION, INC. $819,785 $25,825 (+3%) 3 4 - CON ENGINEERING $825,350 $31,390 (+4%) onnn62 The bids were reviewed by Legal Counsel and Bechtel, and all concurred that Hillside Contractors, Inc. low bid was the lowest responsive bid received for the project. A summary of the review of all of the bids received and the responsiveness of the bids are as follows: Checklist Item HILLSIDE , R. FOX 4 - CON 1 Bid Letter yes yes yes 2 Schedule of Prices - Bid Amount (math check) - Bid Item Comparison - w/Eng's Est - w/other Bidders - Unbalanced Bid Items yes minor error good good none yes correct good good none incomplete non- responsive 3 Bid Bond yes yes yes 4 List of Subcontractors - Prime Performs > 50% Work yes yes yes yes yes yes 5 Bidder Information Forms yes yes yes 6 Non -Collusion Affidavit yes yes yes 7 Evidence of Insurance *no *no no *Hillside Contractors provided letter from their insurance carrier verifying that Hillside can obtain the Contract required insurance. R. Fox is currently under contract with RCTC and is currently meeting the Contract required insurance. Note: The following is a summary of the Caltrans portion of the project costs: Caltrans Canal Relocation / Rehabilitation Cost Summary Item No. Description Quantity Unit Price Total 7 Remove Concrete Channel 89 M3 $150 $13,350 8 Clear & Grub LS $35,000 $6,000 9 Ditch Excavation 50 M3 $100 $5,000 10 Maint Exist Plants LS $10,000 $1,700 11 Maint Exist Irrig System LS $10,000 $1,700 15 Reinf Concrete Pipe 1.4 M $350 $490 16 Rock Slope Protect (Facing) 5 M3 $110 $550 �jO0063 Caltrans Canal Relocation / Rehabilitation Cost Summary 17 Concrete Channel Lining 190 M3 $350 $66,500 18 Rock Slope Protect (Fabric) 12 M2 $100 $1,200 21 Mobilization LS $50,000 $8,500 22 City Riverside Permit LS $6,000 $1,000 Subtotal $105,990 Canal Rehabilitation Bid $160,000 Total Cost $265,990 By an approved Caltrans Cooperative Agreement No. 08-1097, Caltrans has committed to pay a lum sum amount, of $300,000, to relocate and rehabilitate the referenced drainage canal. The bid total for the respective canal work totals $265,990 leaving $34,010 (13%) to cover construction management and any Change Orders that may arise during construction. Additional funding above $300,000, if required, must be authorized by Caltrans. Based on the review by staff and legal counsel, staff recommends that the Commission award Contract No. RO-9969, for the construction of Sound Wall #98 and Drainage Canal Relocation and Rehabilitation, on Route 91, from Tyler St. to Monroe St., in the City of Riverside, to Hillside Contractors, Inc., for the amount of $793,960. Staff also recommends that a contingency amount of $81,040 (10%) be authorized to cover potential change orders encountered during construction for a total not to exceed value of $875,000. Financial Assessment Project Cost Source of Funds Included in Fiscal Year Budget $575,000 (Measure A) + $300,000 (Caltrans) = $875,000 Measure "A" + Caltrans Y Year Included in Program Budget Y Year Programmed Approved Allocation NA Year of Allocation Budget Adjustment Required N Onnnc1 STAFF RECOMMENDATION: That the Commission award Contract No. RO-9969, for the construction of Sound Wall #98 and Drainage Canal Relocation and Rehabilitation, on Route 91, from Tyler St. to Monroe St., in the City of Riverside, to Hillside Contractors, Inc., for the amount of $793,960. Staff also recommends that a contingency amount of $81,040 (10%) be authorized to cover potential change orders encountered during construction for a total not to exceed value of $875,000. The attached standard RCTC construction Agreement will be used, subject to ROTC Legal Counsel Review. 00U065 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION RIVERSIDE LA SIERRA AND WEST CORONA COMMUTER RAIL STATIONS PEDESTRIAN OVERCROSSING PROJECT RCTC Contract No. RO-9932 FEDERAL AID PROJECT NO. CML-6054(012) * * * * * * * * * * * * * * CONTRACT ************** BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND 000066 CONTRACT FOR THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION RIVERSIDE LA SIERRA AND WEST CORONA COMMUTER RAIL STATIONS PEDESTRIAN OVERCROSSING PROJECT RCTC Contract No. RO-9932 1. PARTIES AND DATE. This Contract is made and entered into this day of . 199_, by and between the Riverside County Transportation Commission ( hereinafter called the "Commission") and (hereinafter called the "Contractor"). This Contract is for that Work described in the Contract Documents entitled "Riverside La Sierra and West Corona Commuter Rail Stations Pedestrian Overcrossing Project, RCTC Contract No. RO- 9932. " 2. RECITALS. 2.1 The Commission is a County Transportation Commission organized under the provisions of Sections 130000, seq. of the Public Utilities Code of the State of California, with power to contract for services necessary to achieving its purpose; 2.2 Contractor, in response to a Invitation for Bids issued by Commission on March 8, 1999, has submitted a bid proposal for construction of the Riverside La Sierra and West Corona Commuter Rail Stations Pedestrian Overcrossing Project, RCTC Contract No. RO-9932. 2.3 Commission has duly opened and considered the Contractor's bid proposal and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and other Bid Documents, and will give written notice of such to Contractor on 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract Documents. 3. TERMS. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference this Contract and the following Contract Documents provided with the above referenced Notice Inviting Bids, including all exhibits, drawings, specifications and documents therein, and attachments thereto, all of which, 000067 RCTC La Sierra/West Covina Overcrossing Project (R0-9932).(3/1/99) RVPUB\DRD\52496 CONTRACT - 1 • • • • including all addendum thereto, are by this reference incorporated herein and made a part of this Contract: a. NOTICE INVITING BIDS b. INSTRUCTIONS TO BIDDERS c. CONTRACT BID FORMS d. PAYMENT AND PERFORMANCE BOND FORMS e. ESCROW AGREEMENT FOR SECURITY DEPOSITS (optional) f. CONTRACT APPENDIX PART "A" - Permits PART "B" - General Conditions PART "C" - Special Provisions (under separate cover) PART "D" - Contract Drawings (under separate cover) PART "E" - Contract Compliance Provisions/DBE Requirements PART "F" - Federal Minimum Wage Requirements PART "G" - Federal Requirements for Federal Aid Construction Contracts g. ADDENDUM NO.(S) 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at his own cost and expense, to furnish to the Commission all labor, materials, tools, equipment, services, and incidental and customary work for the construction of the Riverside La Sierra and West Corona Commuter Rail Stations Pedestrian Overcrossing Project, RCTC Contract No. RO-9932, including all structures and facilities described in the above referenced Contract Documents (the "Work"). Notwithstanding anything else in the Contract Documents, the Contractor shall complete the Work for a total of the bid and pricing schedules submitted by the Contractor in response tosthe abo es ifiedt n referenced Noticproposal e Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable) terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced Contract Documents. 3.3 Period of Performance. Contractor shall perform and complete all Work under this Contract within One Hundred Eighty (180) Working Days of the effective date of the Notice to Proceed, and in accordance with any completion schedule developed pursuant to provisions of the Contract Documents. Contractor agrees that if such Work is not completed within the aforementioned periods, liquidated damages will apply as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. The amount of liquidated damages shall equal Seven RCTC La Sierra/West Covina Overcrossing Project (RO-9932) (3/1/99) RVPUB\DRD\52496 CONTRACT -2 000068 Hundred and Fifty Dollars ($750) for each day, or fraction thereof, it takes to complete the Work, or specified portion(s) of such work, over and above the number of days specified herein or beyond the Project Milestones established by approved Construction Schedules. 3.4 Commission's Basic Obligation. Commission agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract Documents, the Commission shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of services and obligation required by this Contract, the above referenced compensation in accordance with Compensation Provisions set forth in the Contract Documents. 3.5 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is enclosed with this Contract, and shall be executed simultaneously with this Contract. 3.6 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. 3.7 Successors. The parties do for themselves. their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of Commission. 3.8 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: 000069 • RCTC La Sierra/West ,C,oyina Overcrossing Project.<RO-9932Y--(3/1/99) RVPUB\DRD\52496 CONTRACT - 3 • • • Contractor: Commission: Attn: Riverside County Transportation Commission 3650 University Avenue, Suite 100 Riverside, California 92501 Attn: Executive Director With Copy to: Karl Sauer Contract Manager RCTC La Sierra/West Corona Overcrossing Project Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the methon of service. CONTRACTOR RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: By: Name Councilman Jack F. van Haaster, Chairman Riverside County Transportation Commission Title RECOMMENDED FOR APPROVAL. Tax I.D. Number: By: ROTC La Sierra/West Covina Overcrossing Project (R0-9932) (3/1/99) RVPUB\DRD\52496 Eric Haley Executive Director REVIEWED FOR FISCAL IMPACT By: Dean Martin Chief Financial Officer APPROVED AS TO FORM: By: Best Best & Krieger LLP Counsel, RCTC CONTRACT -4 CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 ti itq. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. CONTRACTOR: Name of Contractor: By: 000071 RCTC La Sierra/West Covina Overcrossing Project (RO-9932) (3/1/99) RVPUB\DRD\52496 Signature Name Title Date CONTRACT -5 • • • • AGENDA ITEM 11 • • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: August 23, 1999 TO: Budget & Implementation Committee FROM: Dean Martin, Chief Financial Officer Bill Hughes, Bechtel Project Manager THROUGH: Eric Haley, Executive Director SUBJECT: Quarterly Y2K Status Report At the October 14, 1998 Commission meeting, the Commission adopted a policy to address the potential of problems occurring relating to the manner in which computer hardware and software handle the century information. In the past, when memory was limited, programers used only the last two digits of the year to indicate the date of a transaction. The two digit year shortcut will fail to correctly identify the date after the turn of the century. This failure could result in any number of problems occurring that could adversely impact the ability of RCTC correctly process information. The Commission adopted a plan to address the potential problem that included the following general activities: 1. Inventory and Assessment of impacted hardware, software, and outside agencies doing business with RCTC. 2. Renovation Phase 3. Validation and Testing Phase 4. Training/instruction of RCTC Staff on how to avoid future problems related to Y2K. The adopted Compliance Schedule is as follows: Compliance Activity Complete inventory and assessment of systems Identify compliant/non-compliant systems Renovate or replace non -compliant systems Complete test of all systems Certify systems as compliant Monitor systems Target Completion Date By November 1998 By December 1998 By March 1999 By June 1999 By August 1999 Through December 1999 000072 To date the following activities have been completed: 1. All RCTC hardware systems have been inventoried and tested for Y2K compliance. Non -compliant systems have been made compliant by either updating the system, updating the bios or adding a program that will correct the century designation to the full four digits on boot -up. 2. Software in use by RCTC Staff has been reviewed. Non -compliant software packages have been updated to a version that is Y2K compliant or are scheduled to be deleted from the RCTC LAN servers and workstations prior to October 15, 1999. 3. Staff has determined that all mission critical software is now Y2K compliant. 4. A list of all outside vendors/agencies, that RCTC deals with, was prepared and letters were sent out to each of them in January to confirm that they will be Y2K compliant prior to January 1, 2000 so that they will not impact our operations. Second notices were sent in March to vendors/agencies that had not responded to the first letter of inquiry. A third and final notice was mailed on the 18th of August. RCTC has received responses from all critical vendors/agencies and is now reasonably satisfied that RCTC will not be prevented from performing its functions after the turn of the century as a result of an outside vendor/agency. 5. RCTC Staff in conjunction with Jaguar Computer systems performed a test of the RCTC network and workstations on August 6, 1999. The test procedure was as follows: ► Fully backup the system to tape ► Verify tape for completeness ► Disconnect the RCTC LAN system from the County Cornet System ► Advance server clocks and workstation clocks to 30 minutes prior to the turn of the century. ► RCTC Staff was on hand to test the functionality of the various software packages ► After the test was complete, all clocks were restored to the correct time and the RCTC network was restored using the backup tape The test confirmed that all software that is not Y2K compliant should be removed prior to the turn of the century. In particular, old versions of Lotus that have not 0,00.73 • • • been upgraded because of the RCTC Staff decision to move spreadsheet work to EXCEL, need to be deleted as soon as RCTC Staff has the time to convert the information to EXCEL. RCTC currently has scheduled all noncompliant software, including LOTUS, to be purged prior to October 15, 1999. Fund ware (RCTC's accounting package) performed well in all tests with the exception that the program would not roll over if active when the clocks roll over to January 1, 1999. Since no one is expected to be working at midnight on December 31", this will not be a problem. Fundware worked as expected after the program was shut down and brought up after the clocks were set forward to the new century. The last finding was with the DOCTRAC program. This is a custom data base built with FOXPRO that controls access to the RCTC document retrieval system. This program failed to produce reports that spanned the century date. This problem is currently being resolved with the programmer. It is important to note that this problem with the report generation did not prevent the use of the system after the turn of the century. Furthermore, this program does not calculate any information based on the date information. Compliance Status: All RCTC hardware (including servers and workstations) and all RCTC software that is required to be operational after the turn of the century is now certified as being compliant. RCTC Staff will continue the Y2K effort in the following areas: 1. Convert any old data files such as spreadsheets over to EXCEL 2. Complete changes to DOCTRAC reporting function. 3. Delete all old versions of programs from both the RCTC server and RCTC workstations by October 15, 1999. Contingency Plan: 1. RCTC Staff will obtain a full backup of the system on the last working day of this century. This tape will be taken off -site for safety. 2. RCTC Staff will print out a hard copy of the Fundware accounting system records so that the accounting department will have the information to work manually with any of the accounts, if required. STAFF RECOMMENDATION: • Receive and file. 000074 • AGENDA ITEM 12 • • • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: August 23, 1999 TO: Budget and Implementation Committee FROM: Shirley Medina, Staff Analyst THROUGH: Dean Martin, Chief Financial Officer SUBJECT: City of Norco Request to Reprogram Surface Transportation Program Funds The City of Norco is requesting reprogramming of discretionary Surface Transportation Program (STP) funds of $75,000 from a signal installation at Sixth Street and California Avenue to a signal installation at Hamner Avenue and Market Street. The funds were approved by RCTC in May 1993. The City states that there have been ongoing discussions regarding the future carrying capacity on California Avenue which would continue to delay any design work for the signal at the Sixth Street intersection. Therefore, another high priority site has been recommended and approved at the intersection of Hamner Avenue and Market Street by the Norco City Council. The City states that the project is ready to proceed with design as soon as they are given the authorization to proceed. The City of Norco's request is consistent with the RCTC Substitution Policy which reads: "to allow the substitution of two projects in STP discretionary funding categories of 20% of an agency's overall budget (whichever is larger) by fund type. The substituting agency must provide written certification that the substituted projects are of comparable value both financially and public benefit wise with respect tot he projects they are replacing. Agencies requesting specific project substitution(s) must bring such requests before the Commission for review, consideration and action." This request would also be consistent with the Commissions intentions to deliver projects in a timely manner. If approved, the signal project can begin obligation through Caltrans Office of Local Programs. Signal installation projects are included in the 1998 Regional Transportation Improvement Program (RTIP) under a lump sum; therefore this action does not require an RTIP amendment. STAFF RECOMMENDATION: Approve the City of Norco's request to reprogram discretionary Surface Transportation Program funds from a signal installation at Sixth Street and California Avenue to a signal installation at Hamner Avenue and Market Street. 000075 AUG-16-99 09:33 AM CITY OF NORCO 9092705619 P . 01 - City of Norco crr wu.Z 2870 CLARK AVENUE * (909)735.3900 FAX ( 09)270.5622 * P.O. 80X 428. IOiC0.CA 91760.0428 • • August 16, 1999 Ms. Shirley Medina, Staff Analyst II Riverside County Transportation Commission 3580 University Avenue, Suite 100 Riverside, CA 92501 Dear Ms. Medina: Subject: RTIP PPNO #: 08-RIV32338 (Signals — Sixth Street and CaliforniaAvenue) — R uest for Transfer of Funding Request In the mid 90's, the City of Norco applied for STP Intersection of Sixth Street and California Avenue. Thegrant funds to install a traffic signal at the the interim, our City Council determined that California Avenue application erns n a was twpop-lanethoroughfare.�r As yet, the configuration of the east leg of this intersection on Sixth Street remains to be determined end Sixth Street to the west of California Avenue is a four -lane thoroughfare. have some issues to resolve before design could begin. 9 Needless to say, we Since our request for the subject traffic signal was approved, another intersection In Norco generated a higher priority for signalization. The location is on a major arterial, Hamner Avenue, at has the intersection of Market Street. Besides having a high vehicular volume, the Intersection also has high pedestrian traffic : due to the o em proximity of a bank, post office, and shopping center on the west side of Hamner Avenue, and a ma 1 p yment center (Dyncorp) on the east side. As a result of a high number of complaints, the City commissioned a traffic study, and indicate that a signal is warranted. Our City Council has accepted the recommendation, placed Y the results project on this year's Capital Improvement list, and has the for this location. City staff is aware that if the substitution �a � s��ff to pursue funding substitution $75,000.00. We are prepared to augment the approved our grant funds would remain at Council is eager to have this into g -grant funding with other City funds as necessary. Cry intersection signalized to improve safety and traffic flow, and design would begin as soon as funding authorization is granted. We appreciate and if you have me your assistance in having (909)270-5627. our request considered by the Commission, any questions, please contact at Sincerely, Joseph S. Schenk Director of Public Works/City Engineer JSS:cka /18133 000076 BARZARA 1 CARMICHAEL CITY COUNCIL FRANK HALL Mom Morse ►1, 7.w AOBBC y� mw CHRISTOPHER L. SORENSEN HAL H. CLARK GarrJ1y, • • • AGENDA ITEM 13 RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: August 23, 1999 TO: Budget & Implementation Committee FROM: Dean Martin, Chief Financial Officer Jerry Rivera, Program Manager SUBJECT: Contract Award for Freeway Service Patrol Tow Truck Services The Riverside County Service Authority for Freeway Emergencies (RC SAFE) was advised by Caltrans Headquarters that additional State funding would be available for FY 1999-2000 for its Freeway Service Patrol (FSP) program. With this in mind, Caltrans District 8, CHP, and RCTC staff decided to implement an additional FSP beat on 1-15 beginning August 2, 1999. The following is an account of the process that has occurred to date: • RFP issued on April 2, 1999 and advertised in Press Enterprise on April 7, 1999 • Pre -bid conference held at RCTC office on April 13, 1999 • Proposals due and opened 5:00 p.m., May 7, 1999 • Site visits conducted on five lowest responsive bidders week of May 17 • Recommendztion on contract award presented to Budget & Implementation Committee on May 24, 1999 At the May 24 Committee meeting, the item was deferred until June and staff was directed to return with additional information and documentation to substantiate the recommendation. Subsequently, a cost estimate was prepared by CHP staff based upon the proposals submitted from the five lowest bidders. The estimates projected each bidder's estimated costs, revenues, and profit or loss for the three year period. Each bidder was sent a copy of their respective cost estimate and given the opportunity to comment and/or provide additional information. They were also asked to provide additional clarification and information on specific items (e.g., maintenance, miscellaneous, incidental costs) including the specific items covered under each category and the amount per item. Staff pulled the item from the June 28, 1999 Committee meeting to allow more time to complete their analysis. Staff also took the opportunity to survey other FSP programs to determine what criteria they used to evaluate their proposals. Copies of RFP's were received from OCTA, LACMTA, SANBAG and Caltrans. OCTA's criteria was more definitive with a greater level of specificity and most closely followed the analysis initially performed by staff. Staff used this criteria to evaluate qualitative factors of the five proposals (see Attachment I). 000077 A Time and Material Calculation spreadsheet was also developed to assist staff in evaluating the cost reasonableness of the proposals (see Attachment II). Although all of the operators furnished some of this information with their original proposal, each proposer submitted it with varying levels of details and differing descriptions. The spreadsheet standardized the information in order for staff to compare between the proposals and to determine reasonableness of costs. They were also asked to provide resumes of the key personnel responsible for day to day operations. Reference was made to RFP Section 1-10.0, Commission Rights, which states in part, "The Commission may investigate the qualifications of any Proposer under consideration, require confirmation of information furnished by a Proposer, and require additional evidence of qualifications." They were given one week to comply and told that failure to provide the attached schedule appropriately signed, and the resumes could result in the Commission viewing their proposal as non -responsive. The requested information was received from Our Boyz Towing, Duran's Towing, and Pepe's Towing. M & D Towing and Mr. T's Towing did not comply with the request for additional information. Staff contacted the two operators to determine if they had received the letter dated July 23, 1999 requesting the additional information and to ask why they had not responded. Mr. T's Towing stated they had received the letter but had decided not to reply. M & D Towing stated they had not received the letter. A copy was faxed to their office and they were asked to reply by 4:00 p.m. on Monday, August 16. The information was received by the specified time and date. A review of the qualitative factors included in Attachment I resulted in Pepe's Towing being ranked the highest of the five proposers. The qualifications and experience of the firm and staff were the two factors that favored Pepe's. Their combined experience with the CHP rotation tow program, other local police departments and with the freeway service patrol itself are invaluable. The safety issues involved with working in a dangerous freeway environment cannot be compared to towing on local streets. There are many times more vehicles driving by at high speeds, drivers have to be on constant alert for oncoming vehicles, and often times must work in areas of little or no shoulder area. The operator must also have the experience of responding to accidents on the freeway. Although cost is a factor, the qualitative factors and safety issues fare outweigh any benefit of a low bid. Also, based on information obtained from other FSP programs and operators and our analysis of the cost components (e.g., fuel and materials), it is still our belief that the lowest bid is significantly underestimated and, therefore, brings into question the ability of the firm to sustain operations over a three year contract. If the contractor cannot perform as required, the Commission would have to go out to bid for the services before the end of the contract term. At the minimum, the CHP has indicated it would strain their resources if an operator fails to perform adequately. It would require additional time to monitor the beat, and this could occur at the expense of the other beats. 000078 • • 1 Therefore, based upon the evaluation of all the information submitted by the prospective tow companies, interviews with the tow company owners, review of historical and present statistical information, discussions with other FSP programs in the State, and our experience in the FSP program, it is recommended that the Commission award the contract for FSP Beat #25 to Pepe's Towing. Pepe's Towing is a well -established tow company who has been in business for over 12 years and possess the experience necessary to safely and successfully complete this type of service contract. Pepe's has 4 years of prior FSP experience within Riverside and San Bernardino counties and currently has seven certified FSP drivers. The company has over 10 years in CHP rotation tow experience, four years experience with AAA towing and several years experience towing for City Police and County Sheriff Departments. Pepe's hourly truck cost appears to be in line with the State average and they have adequately estimated fuel costs and mileage estimates that reflect the average miles driven by FSP trucks in Riverside County. They have also allowed for unforeseen expenses during the life of the contract. Upon approval of the recommendation, staff will negotiate a Best and Final Offer (BFO) with Pepe's and the hourly rate will not exceed the $40.00 per truck rate included in their proposal. Total cost for FY 1999-2000 will not exceed $95,205.00 (effective October 25, 1999). The costs for the last two fiscal years is not to exceed $137,827.00 per year. Financial Assessment Project Cost $370,859 Source of Funds State of California and SAFE Fees Included in Fiscal Year Budget Yes Year Included in Program Budget Yes Year Programmed 1999- 00 Approved Allocation Yes Year of Allocation 1999- 00 Budget Adjustment Required No Financial Impact Not Applicable STAFF RECOMMENDATION: Award a three-year contract to Pepe's Towing Service to provide tow truck service on Beat #25 for the Riverside County Freeway Service Patrol program. 000079 • • Riverside County Freeway Service Patrol Beat #25 Evaluation Criteria per OCTA RFP Our Boyz Mr. T's Duran's Pepe's M & D Qualifications of the Firm • Technical experience in performing work of' similar nature Yes Yes No Yes No • Experience with public agencies (CHP & other PD) Yes Yes N one Yes No (2) • Strength & stability of firm (i .e. # yrs . in operation) 1 yr 10 mos 4 yrs . 3.8 yrs . 12 yrs . 13 yrs. • Assessment by client references V. Good Not done V. Good V. Good Not d one Staffing and Pro ject Organization • Qualifications of staff, particularly Project Manager V. Good G ood Good Excellent Fair • Key personnel's level of inv olvement Good Good Good • Go od Good • Logic of project organization Good Good Good Good Fair • Adequacy of labo r commitment G ood G ood (1) Good Unknown Work Plan • Understanding of requirements & overall quality of work plan Good No Good Good Fair • Logic, clarity & specificity of work plan Good Fair Good Good Fair • Ability to meet the project deadline Yes Yes Yes Yes Yes • Reasonableness of proposed schedule Good Good Good Good Good • Utility of su ggested technical or procedural innovations N/A N/A N/A N/A N/A Cost & Price • Reasonableness of total price & competitiveness with other offers V. Good V. Good Good Good Go od • Adequacy of support data Good Questions Good Good Good • Basis on which prices are quoted (FFP, CPFF. T & E) T & M T &M T& M T & M T & M Completeness of Response • Completeness in acco rdance with RFP instructions Yes Yes Yes Yes No O� • Other relevant facto rs not considered elsewhere N/A N/A N/A N/A N/A O ", O O QO (1) Inadequate for the moment, but plans to hire. C) (2) Began CHP Rotation Tow 7/1/99 JR: 8/17/99 00 Name of Operator Tow Tr ucks` Labor(Driver) In surance Equipment Mlsc. Anclde ntals(1) (Total Cost per Hour per Truck Salary Payroll Taxes Workers Compensation Labor subtotal 2. Provide assumed cost per gallon on this line Cost should also include gasoline for m otorists Office Personnel O ffice Equl�ment Other Office Expenses Overhead subtotal Cellular Phones Radios Fuel(2) Materials(tires, filters, oil) Uniforms Operating subtotal Loan ayments Time and Materials Calculation Per Hour Calculation Fo'r One Truck 1. Desc ribe whets Included under misc ellaneous/incidentals. If the total amounts to more than ten per cent (1O %) of the per hour cost, provide on a separate sheet an itemized breakdown with the related cost. I certify that the above information is true and correct Signature Date Title • • AGENDA ITEM 14 • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: August 23, 1999 TO: Budget and Implementation Committee FROM: Paul Blackwelder, Deputy Executive Director Bill Hughes, Bechtel Project Manager THROUGH: Eric Haley, Executive Director SUBJECT: Construction and Maintenance Agreements with BN&SF for the La Sierra and West Corona Pedestrian Over Crossings After the Commission awarded the construction contract for the La Sierra and West Corona Pedestrian Over Crossings on July 1, 1999; Burlington Northern & Sante Fe Rail Way Company (BN&SF) informed RCTC Staff that new agreements would be required for each of the new projects. Previously, RCTC Staff had been informed by BN&SF that the existing agreements ( Shared Use Agreement, Line Sale Agreement and the San Bernardino Easement Agreement) would be adequate for constructing the pedestrian over crossings (see letter from Walt Smith dated February 23, 1995). These agreements were adequate for the construction of the La Sierra Station, West Corona Station, and Southside platform and pedestrian overcrossing that was recently completed. This new position by BN&SF resulted in our Contractor being delayed for one week due to BN&SF refusal to provide the flaggers required by BN&SF for our Contractor to perform any work within 25 feet of the BN&SF track. BN&SF finally agreed to allow our Contractor back to work as long as RCTC agreed to act in good faith to get the new agreements in place and that the Contractor cannot perform any work requiring a crane until both RCTC and the Contractor sign the new agreements required by BN&SF. The current form of the agreement is attached for your information and review. The agreement is currently still under negotiation between BN&SF Staff and RCTC Staff. The final agreement will be presented to the Commission at the September Commission meeting. Staff is expediting this agreement to assure that our Contractor will not be denied access to the work area resulting in construction delays. Most of the terms and conditions of the agreement were either covered by the previous agreements or understood to be conditions of doing work on the BN&SF right-of-way. Staff is working with BN&SF to assure that the terms and conditions that are included in these new agreements do not subject RCTC to new liability that was not previously contemplated or passed on to the contractor through insurance requirements. 000082 One of the major issues under discussion between RCTC Legal Counsel and BN&SF is the new provision that work cannot occur during the 4th quarter of the year. This new provision could have a major impact to our contractor who is currently scheduled to be working on both station projects in the 4th quarter of this year. The new provisions also require the contractor to sign agreements directly with BN&SF covering insurance provisions and indemnification issues resulting related to damages or delays suffered by BN&SF as a result of the contractors actions. Financial Assessment Project Cost Source of Funds Included in Fiscal Year Budget Included in Program Budget Approved Allocation Budget Adjustment Required Financial Impact Not Applicable No additional direct cost. RCTC may be subject to a delay claim from the Contractor. CMAQ ........... ... ... y Y Year Programmed Year of Allocation Year n STAFF RECOMMENDATION: Approve the attached form of agreement with the BN&SF Railway Company, subject to RCTC legal counsel final review, and approval for both the La Sierra and West Corona Metrolink Stations. 000083 • • C.)/Cp •`rte The Atchison, Topeka and Santa Fe Railway Company Commuter Rail Consrrucrion Group - --.. 720 East Carnegie Drive, Suite 100 40 San Bernardino, California 92408 FAXCOM: (909) 386-}918 • February 23, 1995 File: 01004331 Mr. Jack Reagan Riverside County Transportation Commission 3560 University Ave., Suite 100 Riverside, CA 92501' ATTENTION: Bill Hughes Gentlemen: s c 4i E• 1 1 y FEB 2.4 1995 BECH-E' P Based on the provisions of the Shared Use Agreement, the Line Sale Agreement and the San Bernardino Easement Agreement, a separate lease for each station site will not be required. The above -referenced documents provide for these stations, however, we would appreciate prints tying the station to Santa Fe stationing for reference. We would particularly like to know the stationing and size of any pedestrian crossing and each end of the station platform. Thank you for your assistance. Sincerely, L. F. Fox By: wait Smith cc: Messrs. Ray Branstetter D M JM 275 W. Hospitality Lane, Suite 314 San Bernardino, CA 92408 Bill Young - Htxitt-Zallars, -'Inc . 15991 Red Hill Avenue, Suite 200 Tustin, CA 92680 .4 Sang Fs Pacific Company 000084 RCTC ORIGINAL • BNSF Secy. Cont. No: 05026420 "La Sierra Station" Pedestrian Overhead AGREEMENT, made this day of , 1999, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter referred to as "BNSF", and the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a political subdivision of the State of California, hereinafter referred to as "RCTC". RECITALS: • BNSF owns and operates a line of railroad in and through the City of Riverside, State of California. RCTC desires to construct a new pedestrian crossing at separated grades over BNSF's San Bernardino Subdivision main line tracks, to be known as the "La Sierra Station" Pedestrian Overhead and designated as California Public Utilities Crossing No. 26-18.37 AD and D. O. T. No. 027390T. The La Sierra Station Pedestrian Overhead is being constructed between the north and south passenger platforms for the La Sierra Station. The term "Project" as used in this agreement shall include all work of every kind and character required in connection with the construction of the proposed La Sierra Station Pedestrian Overhead (hereinafter referred to as the "Structure") including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, all temporary and permanent track work, grading, drainage facilities as shown on Exhibit "A", attached hereto and made a part hereof, as well as preliminary and construction engineering, and contract preparation. The parties hereto desire to express in writing their understanding and agreement with respect to the Project and pursuant to which the Structure is to be constructed and maintained. AGREEMENT: ARTICLE I IN CONSIDERATION of the covenants of the RCTC hereinafter set forth, and the faithful performance thereof, BNSF agrees as follows: 1. To grant, and hereby does grant, to RCTC, its successors and assigns, upon and subject to the terms and conditions hereinafter set forth, permission and license to enter upon and use that portion of BNSF's right of way as is necessary to construct, and thereafter maintain, the Structure as shown on Exhibit "A", excepting and reserving the right to be exercised by BNSF, and by any others who have obtained, or may obtain, permission or authority from BNSF so to do: (a) To operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said right of way; (b) From time to time to construct, operate, maintain, renew and/or relocate upon said right of way additional facilities of the character described in Subsection (a) of this Section 1. This right is given by BNSF without warranty of title of any kind, express or implied, and no covenant of warranty of title shall be implied from the use of any word or words herein contained. In case of the eviction 1 000085 of RCTC by anyone owning, or claiming title to or any interest in said right of way, BNSF shall not be liable to RCTC for any damage of any nature whatsoever. 2. To furnish all labor, materials, tools, and equipment, and do the "Railroad Work" required due to the construction of the Project, such Railroad Work and the estimated cost thereof being as shown in Exhibit "B" attached hereto and made a part hereof. In the event that construction of the Project has not commenced within six (6) months from the effective date of this Agreement, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit "B". In such case, BNSF shall provide to RCTC its revised cost estimate highlighting all changes that are made. Any item of work incidental to those items listed in said Exhibit "B", but not specifically mentioned therein, may be included as part of this agreement as an item of work upon written approval of RCTC, if practicable. Construction of the Project shall include the following principle elements of work by BNSF: (a) Preliminary engineering, design, and contract preparation; (b) Furnishing of such watchmen and flagmen as may be necessary for the safety of BNSF's property and the operation of its trains during construction of the Project; (c) Furnishing of engineering and inspection as required in connection with the construction of the Project; (d) The making of such changes in the alignment, location and elevation of its telephone, telegraph, signal and/or wire lines and appurtenances along, over or under its tracks as may be required to accommodate construction of said Project and; (e) Any signal work necessitated by construction of the Project. 3. To do all work provided in Article I, Section 2 above with its own employees working under Railroad Labor Agreements or by contractor(s), if necessary, and on an actual cost basis. 4. RCTC agrees to reimburse BNSF for work of an emergency nature caused by RCTC or RCTC's contractor, in connection with the Project which is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval of RCTC and RCTC agrees to reimburse BNSF the reasonable cost for all such emergency work. 5. To submit to RCTC periodic statements for payment covering the cost of the work performed by BNSF, and upon completion of the Project, a detailed statement of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit "B". ARTICLE II IN CONSIDERATION of the covenants of BNSF herein set forth and the faithful performance thereof, RCTC agrees as follows: 1. To furnish to BNSF plans and specifications for the Project. Four sets of said plans, together with two copies of calculations, and two copies of specifications, shall be submitted to BNSF for approval prior to commencement of construction. After having been approved by both RCTC and BNSF, said plans and specifications are hereby adopted and incorporated into this agreement by reference. 2. To make application to the Public Utilities Commission of the State of Califomia (hereinafter referred to as the "Commission") for an order authorizing construction of the Project. RCTC shall furnish to the 2 000086 • • • • • Commission plans for the construction of the Project, approved by BNSF, together with a copy of this agreement. 3. To furnish BNSF's Assistant Director Public Projects written authorization to commence the Railroad Work. 4. To provide for and maintain minimum vertical clearances, as required by the Commission. 5. To acquire all rights of way necessary for the construction of the Project. 6. To make any and all arrangements to secure the location or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities which may be found necessary to locate or relocate in any manner whatsoever due to the construction of the Project. 7. To construct the Project as shown on Exhibit "A" and do all work provided for in the plans and specifications for the Project, except such work that BNSF herein agrees to do. Principal elements of work to be performed by RCTC in the construction of the Project are as follows: (a) Construction of the Structure; (b) Necessary Grading and Paving; (c) Provide suitable drainage, both temporary and permanent; (e) Apply and maintain the Commission's Crossing Number 2B-18.37 AD and D. O. T. No. 027390T in a conspicuous location on the Structure; (f) (g) Installation of a locked gates across the existing pedestrian grade crossing and; Extension to the existing fence, located between tracks, a sufficient distance to encourage use of the Pedestrian Overhead by station patrons who park at the east and west ends of the station parking lot. 8. To furnish all labor, materials, tools, and equipment in performing the work it agrees to perform herein. All work of construction with respect to said Project shall be undertaken by RCTC, or RCTC's contractor and shall be performed at such times as shall not endanger or interfere with the safe and timely operations of BNSF's tracks and other facilities. 9. To require its contractor(s) to notify BNSF's Roadmaster at least ten (10) business days in advance of commencing work on BNSF property or near BNSF's tracks, when requesting a BNSF flagman in accordance with the requirements of Exhibit "C" attached hereto, in order to protect BNSF from damage to its trains and property. 10. To require its contractor(s) to furnish BNSF's Director of Structures, for approval, four copies of plans and two sets of calculations of any shoring or cribbing proposed to be used over, under, or adjacent to BNSF's tracks. The use of such shoring or cribbing shall conform to the standard side clearance set forth in the Commission's requirements which govern such clearance. In case the use of such shoring will impair said clearance, RCTC will ensure that application is made to the Commission for approval of such impairment during the period of construction of the Project. 11. The RCTC agrees to include the following provisions in its contract with any contractor performing work on said Project: 3 000087 (a) Fiber optic cable systems owned by various telecommunication companies may cross or run parallel in BNSF's rail corridor. The contractor shall be responsible to contact BNSF and/or the telecommunications companies to determine whether there are any fiber optic cable systems located within the Project boundaries that could be damaged or their service disrupted due to the construction of the Project. The contractor shall also pothole all lines either shown on the plans or marked in the field in order to verify their locations. The contractor shall also use all reasonable methods when working in the BNSF rail corridor to determine if any other fiber optic lines may exist; (b) Failure to notify, pothole or identify these lines shall be sufficient cause for the RCTC Engineer to stop construction at no cost to the RCTC or BNSF until these items are completed. Costs for repairs and loss of revenues and profits due to damage to these facilities through negligent acts by the contractor shall be the sole responsibility of the contractor. The contractor shall indemnify and hold the RCTC and BNSF harmless against and from all cost, liability and expense arising out of or in any way contributed to these negligent acts of the contractor and; (c) The telecommunication companies shall be responsible for the rearrangement of any facilities determined to interfere with the construction. The contractor shall cooperate fully with any company performing these rearrangements. 12. To also incorporate in each prime contract for construction of the Project, or the specifications therefor, the provisions set forth in Article II, Sections 8, 9, 10, 11, 13 (a) and 13 (b), 15 and in Article III, Sections 3, 4, 5, 6, 8,and 10, and the provisions set forth in Exhibits "C" and "C -I", attached hereto and by reference made a part hereof. 13. That, except as hereinafter otherwise provided, all work to be performed hereunder by RCTC in the construction of the Project will be performed pursuant to a contract or contracts to be let by RCTC, and all such contracts shall provide: (a) That all work performed thereunder, within the limits of BNSF's right of way shall be performed in a good and workmanlike manner, and in accordance with plans and specifications approved by BNSF. Those changes or modifications during construction that affect safety or BNSF's operations shall also be subject to BNSF's approval; , (b) That no work shall be commenced within BNSF's right of way until each of the prime contractors employed in connection with said work shall have (i) executed and delivered to BNSF a letter agreement in the form of Exhibit "C -I", and (ii) delivered to and secured BNSF's approval of the required insurance; (c) That if, in RCTC's opinion, it shall be for its best interest, RCTC may direct that the construction of the Project be done by day labor under the direction and control of RCTC, or if at any time, in the opinion of RCTC, the contractor has failed to prosecute with diligence the work specified in and by the terms of said contract, it may, in the manner provided by law, terminate the contractor's control over said work and take possession of all or any part thereof and proceed to complete the same by day labor or by employing another contractor(s), provided that all such contractor(s) shall be required to comply with the obligations in favor of BNSF hereinabove set forth and, provided further, that if such construction is performed by day labor, RCTC will, at its expense, procure and maintain on behalf of BNSF the insurance required by Exhibit "C-1". 14. BNSF shall have the right to request that any RCTC employee, any RCTC contractor, or any employee of a RCTC contractor who performs any work within BNSF's right of way and which affects BNSF's operations or facilities, be removed from the Project for incompetence, neglect of duty, unsafe conduct or misconduct. In the event RCTC or its contractor elects not to honor such request, BNSF may stop work within 000088 4 • • • • • • its right of way until the matter has been fully resolved to BNSF's satisfaction. The party whose employee has been asked to leave the Project will indemnify the requesting party against any claims arising from such removal. 15. RCTC's employees, agents, contractors, representatives and invitees shall wear the current BNSF Personnel Protective Equipment ("PPE") when on the BNSF's rail corridor during construction of the Project or subsequent maintenance after completion of construction. BNSF PPE shall meet applicable OSHA and ANSI specifications. Existing BNSF PPE requirements are: (i) safety glasses; permanently affixed side shields; no yellow lenses; (ii) hard hats with high visibility orange cover; (iii) safety shoes with hardened toe, above the ankle lace up and a defined heel; and (iv) high visibility reflective orange vests. Hearing protection, fall protection and respirators will be worn as required by RCTC and federal regulations. 16. To advise BNSF's Assistant Director Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion and to notify BNSF's Assistant Director Public Projects, in writing, of the date on which RCTC and/or its Contractor will meet with BNSF for the purpose of making final inspection of the Project. ARTICLE 1 1 1 IN CONSIDERATION of the premises, it is mutually agreed as follows: 1. That all work contemplated in this agreement shall be performed in a good and workmanlike manner and each portion shall be promptly commenced by the parties hereto obligated to do the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction that affect BNSF shall be subject to BNSF's approval prior to commencement of such changes or modifications. 2. That such work shall be done in accordance with detailed plans and specifications approved by BNSF and subject to the Commission's approval, with minimum clearances of not less than those specified by the Commission, or as otherwise authorized by the Commission for BNSF's tracks at this location. 3. RCTC and BNSF shall, to the extent reasonably practicable, adhere to the construction schedule for all Project work. The parties agree that BNSF's failure to complete the Railroad Work in accordance with the construction schedule by reason of inclement weather, unforeseen railroad emergencies, or other conditions beyond BNSF's reasonable control, will not constitute a breach of this Agreement nor subject BNSF to any liability or responsibility for added expense to the RCTC. 4. In the event of an unforeseen railroad emergency, and regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate all or a portion of its labor forces assigned to perform the Railroad Work when BNSF believes such reallocation is necessary to provide for the immediate restoration of railroad operations of BNSF or its affiliates or to protect persons or property on or near any BNSF owned property or any related railroad. BNSF will reassign such labor forces to again perform the Railroad Work when, in its sole opinion, such emergency condition no longer exists. BNSF will not be liable for any additional costs or expenses of the Project resulting from any such reallocation of its labor forces. The parties further agree that such reallocation of labor forces by BNSF and any direct or indirect results of such reallocation will not constitute a breach of this Agreement by BNSF. 5. That if any RCTC contractor shall prosecute the Project work contrary to the Plans and Specifications or if any RCTC contractor shall prosecute the Project work in a manner BNSF deems to be hazardous to its property, facilities or the safe and expeditious movement of its freight traffic, or tie insurance described in said Exhibit "C-1" shall be canceled during the course of the Project, then BNSF shall have the right to stop the work until the acts or omissions of such RCTC contractor have been fully rectified to the satisfaction of BNSF's Division Engineer, or additional insurance has been delivered to and accepted by BNSF. Such work stoppage shall not give rise to or impose upon BNSF any liability to RCTC, or to any RCTC 5 000089 contractor. The right of BNSF to stop the work is in addition to any other rights BNSF may have which include, but are not limited to, actions for damages or lost profits. In the event that BNSF shall desire to stop work, BNSF agrees to give RCTC immediate notice thereof in writing to the address provided in Section 20 of this Article III. 6. The RCTC shall supervise and inspect the operations of all RCTC contractors to assure compliance with the plans and specifications, the terms of this Agreement and all safety requirements of BNSF. If at any time during construction BNSF determines that proper supervision and inspection is not being performed by RCTC personnel, BNSF shall have the right to stop construction (within or adjacent to its operating right of way) and to request that the RCTC correct the situation before construction is allowed to proceed. If BNSF believes the situation is not being corrected in an expeditious manner, BNSF shall immediately notify RCTC's Executive Director so that the RCTC can take appropriate corrective action. 7. That RCTC will bear the entire cost and expense incurred in connection with the construction of the Project. 8. That RCTC will reimburse BNSF in full for the actual cost of all work performed by BNSF pursuant to this agreement. 9. That no construction activities with respect to the Project, nor future normal or routine maintenance of the Structure once completed, shall be permitted during the Fourth Quarter of each Calendar Year. Subject to prior notification to BNSF's NOC in Fort Worth, Texas, telephone number 817 234 2350, emergency work will be permitted. It is understood that trains cannot be subjected to delay during this time period. 10. That after completion of the construction of the Project as hereinabove described: (a) RCTC will own and, at its sole cost and expense, maintain the Structure; (b) RCTC will, at its sole cost and expense, remove or obliterate graffiti on the Structure as required and; (c) RCTC will keep the gates that secure the pedestrian at grade crossing locked at all times except for emergencies. Prior to opening the gates RCTC shall notify BNSF's NOC in Fort Worth, Texas, telephone number 817 234 2350 for notification of trains en route. 11. That RCTC will. furnish BNSF one set of as built plans, at no cost to BNSF, prepared in U.S.. Customary Units, as well as one set of computer diskettes, containing as built CAD drawings of the Structure identifying the software used for the CAD drawings. The "as built plans" shall depict all information in BNSF engineering stationing and mile post pluses. The "as built plans" shall also include plan and profile, specifications, and drainage plans. All improvements and facilities shall be shown. 12. Subject to the restrictions imposed by Article Engineer before entering upon BNSF's right of way for authorization. If work is contracted, RCTC shall require its in favor of BNSF, set forth in Exhibits "C" and "C-1", as responsibility for compliance by its prime contractor(s). III, Section 9, RCTC shall notify BNSF's Division maintenance purposes in order to obtain prior prime contractor(s) to comply with the obligations may revised from time to time, and accepts 13. The terms of allocation of liability between BNSF and RCTC, and the liability insurance obligation of RCTC, as set forth in Article 8 and Article 9, of the Shared Use Agreement (San Bernardino Subdivision) between BNSF and RCTC, shall govern all activities and the presence of RCTC and any of its contractors, or their invitees, in connection with the construction or maintenance of the La Sierra Station Pedestrian Overhead. 000090 6 • • • • • • 14. That if BNSF shall deem it necessary or desirable, in the future, in the performance of its duty as a common carrier, to raise or lower the grade or change the alignment of its tracks or to lay additional track or tracks or to build other facilities in connection with the operation of its railroad, BNSF shall, at its expense, have full right to make such changes or additions, provided such changes or additions do not change or alter the, Structure herein proposed to be constructed and provided further, however, that should it become necessary or desirable in the future to change, alter, or reconstruct the Structure to accommodate railroad projects the cost of such work, including any cost incidental to alteration of railroad or drainage facilities, shall be divided between BNSF and RCTC in such shares as may be determined between them, subject to the Commission's jurisdiction. 15. That if RCTC shall deem it necessary or desirable, in the future to alter or reconstruct the Structure herein proposed to be constructed, it shall have full right to do so, the cost of which shall be born by the RCTC; provided, however, that such alteration or reconstruction shall not encroach further upon or occupy the surface of BNSF's right of way to a greater extent than is contemplated by the plans and specifications to be approved by BNSF pursuant to Article II, Section 1 hereof, without the prior written consent of BNSF, and the execution of a supplement to this Agreement or the completion of a separate agreement. 16. That the books, papers, records and accounts of the parties hereto, insofar as they relate to the items of expense for labor and material or are in any way connected with the work herein contemplated, shall at all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hereto for a period of three (3) years from the date of final payment. 17. All the covenants and provisions of this agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, except that no party may assign any of its rights or obligations hereunder without the prior written consent of the other party. 18. In the event that construction of the Project has not begun for a period of three (3) years from the date of this agreement, this agreement shall become null and void. 19. Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: The Burlington Northern and Santa Fe Railway Company: The Burlington Northern and Santa Fe Railway Company: The Burlington Northern and Santa Fe Railway Company: The Burlington Northern and Santa Fe Railway Company: Riverside County Transportation Commission 7 BNSF's Vice President and Chief Engineer 2600 Lou Menk Drive Fort Worth, Texas 76131 BNSF's Assistant Director Public Projects 740 East Carnegie Drive San Bernardino, CA 92408-3571 Telecopy No.: 909 386 4479 BNSF's Director of Structures 4515 Kansas Avenue Kansas City, KS. 66106 Telecopy No.: (913) 551 4099 BNSF's Division Engineer 740 E. Carnegie Drive San Bernardino, CA 92408-3571 Telecopy No.: (909) 386-4070 Executive Director 3560 University Avenue Suite 100 Riverside, CA. 92501 000091 Telephone: 909-787 7141 Telecopy No.: 909 787 7920 20. It is understood that there are no oral agreements between the parties hereto affecting this agreement, and that this agreement supersedes and cancels any and all previous negotiation, arrangement, agreement, and understanding, if any, between the parties, and none shall be used to interpret this agreement. This agreement may be amended at anytime by the mutual consent of the parties by an instrument in writing. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and attested by its duly qualified and authorized officials as of the day and year frrst above written. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: M. N. Armstrong Its Asst. Vice President and Interim Chief Engineer WITNESS: RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Eric Haley Its Executive Director WITNESS: 'La Sierra Ped OP August 4. 1999 00ff09?. 8 • • NOTE THIS SECTION REMOVED BY D. WILSON BECAUSE PROJECT WAS ALREADY STARTED 10. Subject to the restrictions imposed by Article III, Section 9, the construction of said Project shall not be commenced by RCTC's Contractor until RCTC shall have given not less than thirty (30) days advanced written notice to BNSF's Assistant Director Public Projects, making reference to BNSF's file number 05026420, which notice shall state the time that operations for construction of the Project shall begin. • 9 000091