Loading...
11 November 23, 2009 Plans and Programs88292 RECORDS RIVERSIDE COUNTY TRANSPORTATION COMMISSION PLANS AND PROGRAMS COMMITTEE MEETING AGENDA TIME: 1:30 p.m. DATE: Monday, November 23, 2009 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside 'P. COMMITTEE MEMBERS •Qt Bob Botts, Chair / Don Robinson, City of Banning Karen Spiegel, Vice Chair / Steve Nolan, City of Corona Robin Lowe / Eric McBride, City of Hemet Patrick Mullany / Larry Spicer, City of Indian Wells Glenn Miller / Ben Godfrey, City of Indio Jesse Molina / Bonnie Flickinger, City of Moreno Valley Frank Hall / Malcolm Miller, City of Norco Jim Ferguson / Cindy Finerty, City of Palm Desert Steve Pougnet / Ginny Foat, City of Palm Springs Daryl Busch / Al Landers, City of Perris James Potts / Jim Ayres, City of San Jacinto Scott Farnam / Bridgette Moore, City of Wildomar Bob Buster, County of Riverside, District I To Be Appointed, County of Riverside, District IV Marion Ashley, County of Riverside, District V 4P. STAFF .4t Anne Mayer, Executive Director Cathy Bechtel, Project Development Director SP. AREAS OF RESPONSIBILITY At State Transportation Improvement Program Regional Transportation Improvement Program New Corridors Intermodal Programs (Transit, Rail, Rideshare) Air Quality and Clean Fuels Regional Agencies, Regional Planning Intelligent Transportation System Planning and Programs Congestion Management Program Comments are welcomed by the Committee. if you wish to provide comments to the Committee, please complete and submit a Speaker Card to the Clerk of the Board. 11.36.15 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION PLANS AND PROGRAMS COMMITTEE www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 1:30 p.m. Monday, November 23, 2009 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a Committee meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS - Each individual speaker is limited to speak three (31 continuous minutes or less. The Committee may, either at the direction of the Chair or by majority vote of the Committee, waive this three (3) minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. Also, the Committee may terminate public comments if such comments become repetitious. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Committee shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Plans and Programs Committee Agenda November 23, 2009 Page 2 Under the Brown Act, the Board should not take action on or discuss matters raised during public comment portion of the agenda which are not listed on the agenda. Board members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. 5. APPROVAL OF MINUTES - SEPTEMBER 28, 2009 6. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Committee subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. /f there are less than 2/3 of the Committee members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) 7. RESOLUTION NO. 09-019 TO ADOPT A FINANCE PLAN IN SUPPORT OF A REQUEST FOR PROJECT AUTHORIZATION TO THE CALIFORNIA TRANSPORTATION COMMISSION TO SEEK BEST -VALUE DESIGN -BUILD AUTHORITY FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT Overview This item is for the Committee to: Page 1 1) Adopt Resolution No 09-019, "Resolution of the Riverside County Transportation Commission to Adopt a Finance Plan in Support of a Request to the California Transportation Commission (CTC) for Project Authorization to Seek Best -Value Design -Build Authority Under the SBX2 4 Design -Build Demonstration Program", for the State Route 91 Corridor Improvement Project; and 2) Forward to the Commission for final action. • • Plans and Programs Committee Agenda November 23, 2009 Page 3 • 8. 9. AMENDMENT TO AGREEMENT FOR ON -CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH NOSSAMAN LLP Overview This item is for the Committee to: Page 6 1) Approve Agreement No. 06-66-028-09, Amendment No. 6 to Agreement No. 06-66-028-00, with Nossaman LLP (Nossaman) for On -Call Strategic Partnership Advisor Services to continue providing independent, third -party legal services for the proposed State Route 91 and Interstate 15 corridor improvement projects in the amount of $800,000; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Forward to the Commission for final action. COUNTY OF RIVERSIDE REQUEST TO REPROGRAM CONGESTION MITIGATION AND AIR QUALITY PROGRAM AND MEASURE A FUNDS Page 13 Overview This item is for the Committee to: 1) Approve the county of Riverside's request to reprogram $1.4 million of Congestion Mitigation and Air Quality (CMAQ) program funds from the SR-60/Valley Way interchange to the Magnolia grade separation project; 2) Approve the county of Riverside's request to reprogram $2.1 million of 1989 Measure A Western County Highway funds from the SR-60/Valley Way interchange to the SR-79 widening project; 3) Revise the Commission's previous commitment of 1989 Measure A funds for the SR-60/Valley Way interchange from "up to $5.5 million" to $1.019 million; 4) Approve a revision to Agreement No. 09-31-078-00 with the county of Riverside to reduce the 1989 Measure A funding commitment for the SR-60/Valley Way interchange project to $1 .019 million; and 5) Forward to the Commission for final action. Plans and Programs Committee Agenda November 23, 2009 Page 4 10. INTERSTATE 215 BI-COUNTY PROJECT FUNDING CONTRIBUTION Overview This item is for the Committee to: Page 16 1► Approve programming up to $30 million for the Interstate 215 Bi-County project in the 2010 State Transportation Improvement Program (STIP) for the design and construction phases; 2) Authorize the Executive Director, pursuant to legal counsel review, to execute agreements with the San Bernardino Association of Governments (SANBAG) and Ca[trans, to reflect this STIP programming commitment; and 3) Forward to the Commission for final action. 11. DEVELOPMENT OF LAKE ELSINORE MULTIMODAL PARK AND RIDE FACILITY Overview This item is for the Committee to: Page 18 1) Approve the Lake Elsinore Multimodal Park and Ride Facility project in concept; 2) Authorize the Executive Director, pursuant to legal counsel review, to negotiate and execute a lease agreement; and 3) Forward to the Commission for final action. 12. COMMISSIONERS / STAFF REPORT Overview This item provides the opportunity for the Commissioners and staff to report on attended and upcoming meetings/conferences and issues related to Commission activities. 13. ADJOURNMENT • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION PLANS AND PROGRAMS COMMITTEE ROLL CALL November 23, 2009 Present Absent County of Riverside, District I County of Riverside, D strict County of Riverside, District City of: Barth City of Corona City, City of Indian Wells City of In+ City of Moreno Valley City of Norco.' City of Palm Desert City of Palm Springs City of Perris City of San Jacinto City of Wildomar RIVERSIDE COUNTY TRANSPORTATION COMMISSION PLANS AND PROGRAMS SIGN -IN SHEET NOVEMBER 23, 2009 NAME AGENCY E MAIL ADDRESS M d�rrr�i / . d •?_,e,4497 cJf5oz_mJ,ti dQ%f d-M... .1-tin�� /404v/A-x) s MM,vv r/4z1._ /UoAv c. �a et9-i-t( PE-,eiar s • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION PLANS AND PROGRAMS COMMITTEE Monday, September 28, 2009 MINUTES 1. CALL TO ORDER The meeting of the Plans and Programs Committee was called to order by Chair Bob Botts at 1:31 p.m., in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Commissioner Jesse Molina led the Plans and Programs Committee in a flag salute. 3. ROLL CALL Members/Alternates Present Members Absent Marion Ashley Bob Botts Daryl Busch Bob Buster Frank Hall Robin Lowe Jesse Molina Patrick Mullany 4. PUBLIC COMMENTS Scott Farnam Jim Ferguson Glenn Miller James Potts Steve Pougnet Karen Spiegel County of Riverside, District 4* * to be appointed There were no requests to speak from the public. RCTC Plans and Programs Committee Minutes September 28, 2009 Page 2 5. APPROVAL OF MINUTES — August 24, 2009 M/S/C (Lowe/Hall) to approve the minutes of August 24, 2009, as submitted. 6. ADDITIONS / REVISIONS There were no additions or revisions to the agenda. 7. STATE ROUTE 91 PROJECT AND CONSTRUCTION MANAGEMENT SERVICES Michael Blomquist, Toll Program Director, provided a detailed presentation on the State Route 91 project and construction management services. In response to Chair Botts' question regarding upfront costs, Michael Blomquist stated that Measure A funds will be reimbursed by the toll revenue bonds, however, the amount of reimbursement is dependent on the sale of the bonds. At Commissioner Bob Buster's request, Michael Blomquist clarified the staff recommendation related to the contract and contingency as well as Parsons Transportation Group's qualifications. In response to Commissioner Patrick Mullany's question regarding design -build, Michael Blomquist clarified this award is for project and construction management services. He discussed the elements of a design -build construction contract, noting the construction contract for this project will come before the Commission in approximately two years. M/S/C (Lowe/Ashley) to: 1) Approve the consultant selection process and award Agreement No. 09-31-081-00 to Parsons Transportation Group, Inc. to provide project and construction management (PCM) services for phase 1 of the SR-91 widening and extension of the 91 Express Lanes design -build project in the total not to exceed amount of $39.8 million including contingency of $4,260,701; 2) Authorize staff to proceed with a portion of the phase 1 work through a limited notice to proceed (NOP) in the amount of $1,974,656; • • • • • RCTC Plans and Programs Committee Minutes September 28, 2009 Page 3 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 4) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project; 5) Approve an expenditure transfer within the existing project budget of $13 million from right of way acquisition to PCM services; 6) Authorize staff to proceed with the balance of phase 1 work following successful completion of the first portion of phase 1 work; 7) Authorize staff to negotiate the scope and fee for phase 2 work and bring back to the Commission at a later date a separate request for authorization of the phase 2 work; and 8) Forward to the Commission for final action. Commissioner Marion Ashley left the meeting at 1:51 p.m. Due to a lack of quorum, the Commissioners present operated as a "Committee of the Whole". Recommendations from the "Committee of the Whole" were submitted to the Commission. 8. AMENDMENT TO AGREEMENT FOR ON -CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH KPMG CORPORATE FINANCE, LLC M/S/C (Lowe/Mullany) to recommend to the Commission to: 1) Approve Agreement No. 06-66-026-07, Amendment No. 6 to Agreement 06-66-026-00, for On -Call Strategic Partnership Advisor Services with KPMG Corporate Finance, LLC (KPMG) to continue providing on -call financial advisory services for the proposed State Route 91 and Interstate 15 corridor improvement projects for the amount of $329,736; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. RCTC Plans and Programs Committee Minutes September 28, 2009 Page 4 9. PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND • SERVICE ENHANCEMENT ACCOUNT FUNDS TO PUBLIC TRANSIT OPERATORS M/S/C (Lowe/Hall) to recommend to the Commission to: 1) Adopt Resolution No. 09-016, "Resolution of the Riverside County Transportation Commission for the Purpose of Applying and/or Accepting Grants Awarded to the Commission's Rail Program from the Proposition 18 - Public Transportation Modernization, Improvements, and Service Enhancement Account Program "; 2) Allocate FY 2008/09 Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds as follows: • $178,536 to the city of Banning; • $120,000 to the city of Beaumont; • $312,552 to the city of Corona; • $1,500,000 to the city of Riverside; • $2,828,307 to the Commission's Commuter Rail Program; • $140,067 to the Palo Verde Valley Transit Agency (PVVTA); • $2,700,735 to Riverside Transit Agency (RTA); • $2,273,111 to SunLine Transit Agency (SunLine); 3) Approve budget adjustments to increase revenues and other financing sources for a net total of $685,000 and transfers out by $729,000; and 4) Amend the Commission's Rail Program FY 2009/10 Short Range Transit Plan (SRTP) to reflect the Proposition 1 B funds of $870,637 for the La Sierra Multimodal Station Project. • • • RCTC Plans and Programs Committee Minutes September 28, 2009 Page 5 10. FEDERAL FISCAL YEAR 2009 FEDERAL TRANSIT ADMINISTRATION'S SECTION 5310 CAPITAL GRANT APPLICATIONS Fina Clemente, Transit Manager, presented an overview of the Federal Transit Administration's (FTA) approved project rankings as recommended by the Local Review Committee to be included in the Regional Transportation Improvement Plan (RTIP). M/S/C (Lowe/Busch) to recommend to the Commission to: 1) Adopt the Federal Fiscal Year 2009 FTA Section 5310 Riverside County project rankings as recommended by the Local Review Committee; 2) Include the projects in the RTIP; and 3) Certify by Resolution No. 09-018, "Resolution of the Riverside County Transportation Commission Certifying Project Consistency with Regional Transportation Plan", that the projects are derived from a locally developed, coordinated public transit -human services transportation plan. • 11. COMMUTER RAIL PROGRAM UPDATE Henry Nickel, Staff Analyst, presented an overview of the Commission's Commuter Rail Program and discussed Metrolink's measures to address decreased ridership. He also stated ridership is down due primarily to the economic downturn and increase in unemployment. John Standiford, Deputy Executive Director, noted that ridership is indicative of the economy. Commissioner Daryl Busch concurred with John Standiford's comment and discussed other factors that impact ridership and measures that Metrolink is considering to address budget issues. Commissioner Robin Lowe discussed the seasonal services and service reductions. M/S/C to recommend to the Commission to receive and file an update on the Commuter Rail Program. • RCTC Plans and Programs Committee Minutes September 28, 2009 Page 6 12. COMMISSIONERS / STAFF REPORT 12A. Anne Mayer announced: • High -Speed Rail scoping meetings will be held during the next couple weeks. Commissioners are urged to attend; • There is a bond pricing on September 29; and • The Commission received the same debt ratings from the same three rating agencies as last year when bonds were issued. 12B. Commissioner Busch announced the Perris Multimodal Transportation Facility is approximately 80% complete and encouraged visiting the site. 13. ADJOURNMENT There being no further business for consideration by the Plans and Programs Committee, the meeting was adjourned at 2:15 p.m. Respectfully submitted, Hck.g.Je^:zi--• Jennifer Harmon Clerk of the Board • • • RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: November 23, 2009 TO: Plans and Programs Committee FROM: Khalid Bazmi, Toll Project Manager THROUGH: Michael Blomquist, Toll Program Director SUBJECT: Resolution No. 09-019 to Adopt a Finance Plan in Support of a Request for Project Authorization to the California Transportation Commission to Seek Best -Value Design -Build Authority for the STAFF RECOMMENDATION: This item is for the Committee to: 1) Adopt Resolution No 09-019, 'Resolution of the Riverside County Transportation Commission to Adopt a Finance Plan in Support of a Request to the California Transportation Commission (CTC) for Project Authorization to Seek Best -Value Design -Build Authority Under the SBX2 4 Design -Build Demonstration Program`, for the State Route 91 Corridor Improvement Project; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: The passage of SBX2 4 in February 2009 created a mechanism to address innovative contracting methods like design -build. The bill provides for a pilot program for design -build contracting, providing authority to Caltrans and local transportation agencies such as the Commission for up to 15 design -build transportation projects. The statute authorizes use of the design -build method of procurement by regional transportation agencies for up to five projects, and by Caltrans for up to 10 projects, subject to authorization by the CTC. The design -build portion of the bill will sunset on January 1, 2014. SBX2 4 also authorizes Caltrans and regional transportation agencies to enter into an unlimited number of public -private partnership agreements until January 1, 2017. Under each of the programs, an interested agency must apply to the CTC for project authorization to use the alternative project delivery method. With respect to the Design -Build Demonstration Program, the CTC issued guidelines on September 9, 2009 entitled Project Authorizations under Design -Build Demonstration Program Resolution G-09-09. The CTC guidelines state that the CTC anticipates selecting projects for the demonstration program that vary in size, Agenda Item 7 1 type, and geographical location. The CTC shall also determine whether Ca!trans/regional transportation agency may award a design -build contract based on lowest responsible bid or best -value, balancing the number awarded according to each method. This will allow the CTC to gauge costs and benefits of each method. The CTC guidelines provide that it may approve regional transportation agency projects that are on the state highway system, and it expects that it will select the initial projects on a first -come -first -served basis. Project authorization requests are due to the CTC no earlier than January 1, 2010. CTC staff issued a project authorization request outline for use by applicants. Commission staff provided input to CTC staff in developing the outline. Staff is currently preparing a project authorization request seeking best -value design -build authorization. The project authorization request will be submitted with all pertinent information in early January 2010. In addition to other application requirements, the CTC is requiring applicants to submit a resolution from its governing board adopting a finance plan in support of its project authorization request. Potential advantages of best -value design -build are as follows: • Cost certainty and reduction in claims and change design errors and omissions, and construction issues • Schedule acceleration and earlier schedule certainty • Innovation and quality improvements through: o Alternative designs and construction design -build contractor's capabilities o Flexibility in the selection of design, methods • Single point responsibility for design and construction • Accelerated project delivery by: o Fast -tracking design and construction o Concurrent design and construction activities o Close coordination between designer and contractor o Early contractor involvement to enhance constructability of plans The SR-91 Corridor Improvement Project is currently in the environmental phase, and it is anticipated that the record of decision (ROD) will be obtained by September 2011. It is also anticipated that the sale of toll revenue bonds will follow receipt of the ROD, an executed design -build contract, completion of an investment -grade traffic and revenue study, and a final financial plan. The project is anticipated to be funded through a combination of toll revenue bonds, a Transportation Infrastructure Finance Innovation Act (TIFIA) loan, Measure A sales tax and state and federal funds. Agenda Item 7 orders associated with methods suited to the materials, and construction • 2 • Staff recommends the Commission adopt a finance plan under Resolution No. 09-019 for the SR-91 Corridor Improvement Project that includes Measure A sales tax funds, toll revenue bonds, a TIFIA loan, and state and federal funds. Financial Information In Fiscal Year Budget: N/A Year: FY2011/12+ Amount: TBD Source of Funds: Toll Revenue Bonds,TIFIA Loan, Measure A, and state and federal funds Budget Adjustment: N/A GL/Project Accounting No.: TBD (P003028) Fiscal Procedures Approved: \hte,u4;4, Date: 11/17/09 Attachment: Resolution No. 09-019 Agenda Item 7 3 • • • RESOLUTION NO. 09-019 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ADOPTING A FINANCE PLAN IN SUPPORT OF ITS REQUEST FOR PROJECT AUTHORIZATION TO THE CALIFORNIA TRANSPORTATION COMMISSION TO SEEK BEST VALUE DESIGN - BUILD AUTHORITY UNDER THE SBX2 4 DESIGN -BUILD DEMONSTRATION PROGRAM WHEREAS, the Riverside County Transportation Commission was created by State law in 1976 to serve as Riverside County's transportation agency with key responsibilities in the coordination of state and federal funding; and WHEREAS, state and federal funding for transportation funded by gas tax and other revenue has declined over the past years; and WHEREAS, agencies such as the Riverside County Transportation Commission have been forced to seek local funding for transportation priorities to supplement declining state and federal funding; and WHEREAS, Riverside County voters have shown strong support for transportation investment and have approved, by more an a two-thirds vote, a half -cent transportation tax known as Measure A twice over the past 20 years; and WHEREAS, Riverside County continues to be one of the fastest growing urbanized counties in California, thus requiring a high level of transportation investment; and WHEREAS, in December of 2006, the Riverside County Transportation Commission approved a 10-Year Western Riverside County Highway Delivery Plan (Delivery) to guide its major transportation investments from 2010-2019; and WHEREAS, the Delivery Plan calls for improvements to 14 miles of State Route 91, primarily through the City of Corona by the addition of mixed flow and tolled Express Lanes (high occupancy toll lanes); and WHEREAS, the proposed improvements to the SR-91 corridor have an estimated cost of more than a $1 billion; and 4 WHEREAS, as part of its consideration process for approving its Delivery Plan, the Riverside County Transportation Commission carefully studied and evaluated various financing models, which included private sector participation and tolling; and WHEREAS the Riverside County Transportation Commission has demonstrated a track record of combining federal, state and local funding for large-scale transportation projects. NOW, THEREFORE, BE IT RESOLVED by the Riverside County Transportation Commission that it adopts a finance plan for the SR-91 Corridor Improvement Project that includes revenues from its Measure A sales tax program, state funding, federal funding, toll revenue bonds and borrowing from the US Department of Transportation under the federal Transportation Infrastructure Finance and Innovation Act (TIFIA). BE IT FURTHER RESOLVED that the actions of the Riverside County Transportation Commission are fully compliant with state legislation which authorizes tolling on SR-91 and the utilization of design -build contracting, including Senate Bill 1316, which was approved in 2008 and SBX2 4 which was approved in 2009. APPROVED AND ADOPTED this 9th day of December, 2009. Robert E. Magee, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission • 5 • RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: November 23, 2009 TO: Plans and Programs Committee FROM: Abunnasr Husain, Toll Project Manager THROUGH: Michael Blomquist, Toll Program Director SUBJECT: Amendment to Agreement for On -Call Strategic Partnership Advisor Services with Nossaman LLP STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Agreement No. 06-66-028-09, Amendment No. 6 to Agreement No. 06-66-028-00, with Nossaman LLP (Nossaman) for On -Call Strategic Partnership Advisor Services to continue providing independent, third -party legal services for the proposed State Route 91 and Interstate 15 corridor improvement projects in the amount of $800,000; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: In February 2006, the Commission entered into an agreement with Nossaman, Guthner, Knox & Elliott, LLC (now Nossaman LLP) for the purpose of providing Strategic Partnership Advisor Services for innovative project financing and evaluation of potential toll road corridors in Riverside County. Project approval and environmental document (PA/ED) work phase completion for the SR-91 and 1-15 corridor improvement projects is scheduled for 2011 and 2012, respectively, under separate agreements with engineering firms. The continued services of Nossaman are desirable to assist the Commission in successfully moving these projects forward into the design, construction, and operations phases. Some near term tasks of Nossaman's scope of work include: • Assist in structuring of the project, procurement, project delivery and financial approach; • Provide input to the Commission and its project and construction management consultant (PCM) on schedule/workplan for procurement; Agenda Item 8 6 • Assist with interaction with relevant state and federal agencies, including California Transportation Commission (CTC), Ca!trans, U.S. Department of Transportation, Federal Highway Administration and state and federal resource agencies; • Assist the Commission in connection with any applications under the federal tolling authority, Special Experimental Program-15 (SEP-15), Transportation Infrastructure Finance and Innovation Act program (TIFIA) and Private Activity Bond (PAB) programs (as well as other similar, related or new programs authorized under SAFETEA-LU or any reauthorization to SAFETEA-LU), including preparing applications and negotiating tolling authority, SEP-15, TIFIA credit instrument and PAB agreements and commitments; • Preparation and delivery of workshops on tolling, public -private partnerships, project procurement approach and options, risk issues and allocation, and necessary legislation to internal staff, the Commission and other stakeholders; • Assist in identification, assessment, and allocation of project and contract risk; • Assist in drafting request for qualifications (RFQ); • Assist in preparation of RFQ evaluation manual; • Assist in drafting of request for proposal and contract documents; • Prepare the design -build contract; • Review and comment on technical provisions; • Assist with any financing issues; • Assist with project tolling and operations issues; • Assist with any contract administration and implementation issues; and • Other project related tasks directed by the Commission. The legal services outlined above will be provided by Nossaman for $800,000. Staff anticipates expending this amount by December 2010. This will bring the total contract amount to $1,375,000. Financial Information In Fiscal Year Budget: Yes No Year: FY 2009/10 FY 2010/11 Amount: $550,000 $250,000 Source of Funds: 2009 Measure A Highway Budget Ad ustment: No N/A GLA No.: 262 31 65520 P3028 $ 750,000 262 32 65520 P3027 $ 50,000 Fiscal Procedures Approved: \14€4,,,p4,1%A Date: 11/16/09 Attachments: 1) Draft Agreement No. 06-66-028-09 2) Scope and Fee Proposal Agenda Item 8 • 7 • • ATTACHMENT 1 Agreement No. 06-66-028-09 AMENDMENT NO. 6 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES 1. PARTIES AND DATE This Amendment No. 6 to the Agreem Services is made and entered into this RIVERSIDE COUNTY TRANSPORTATIQ Nossaman LLP ("Consultant"). 2. RECITALS 2.1 The Co dated Adviei 2.2 The Coat esion„ the Me' increee tegic Partnership Advisor 09, by and between the "Commission") and ►t havb.17,otered into an agreement rovrd'ing Strategic Partnership Agreement"). the Consultant have entered into Amendment No. 1 reement, dated, July 27, 2006, for the purpose of the t: to exceed amalint of the Master Agreement. The Commit" ion an he Consultant have entered into Amendment No. 2 'o the Mast& agreement, dated October 26, 2006, for the purpose of reducing the nest to exceed amount of the Master Agreement. 2.4 The Commission and the Consultant have entered into Amendment No. 3 to the Master ,Agreement, dated April 9, 2007, for the purpose of increasing the not to exceed amount of the Master Agreement, inclusive of Amendments No. 1 and No. 2, to Three Hundred Twenty Five Thousand Dollars ($325,000.00). 2.5 The Commission and the Consultant have entered into Amendment No. 4 to the Master Agreement, dated April 10, 2006 for the purpose of incorporating additional Services into the Scope of Services of the Master Agreement, modifying the Consultant's hourly billing rates, extending the term, and increasing the total not to exceed compensation amount set Nossaman LLP Amendment No. 6 (RCTC Doc. No. 06-66-028-09) Page 1 8 ATTACHMENT 1 forth in the Master Agreement to Five Hundred Seventy -Five Thousand Dollars ($575,000). 2.6 The Commission and the Consultant have entered into Amendment No. 5 to the Master Agreement dated July 16, 2008 for the purpose of making consulting services available to the San Bernardino Associated Governments through the Master Agreement. 2.7 The parties now desire to amend the Maker Agreement to provide additional compensation for the continued provision of Strategic Partnership Advisor Services. 3. TERMS 3.1 The maximum compensation under the Master Agreement, as previously amended, is here increased by Eight Hundred Thousand Dollars ($ 800, 000). 3.2 The total contract vie for the, Master Agreement, as heretofore amended, 1 li not ex o ed One Million, Three Hundred Seventy Five Thou($1, 3700) 3.3 Consultant;5 shall continue to provide the Services, on a Task Order basis, y r" as directed by t#6fnmission. Except °ems arnanded by this Amendment, all provisions of the Master Agreement., - amended ;as ameed by Amendments No. 1 through No. 5, including �h�� without limitation the indemnity and insurance provisions, shall remain in fall force ancraffect and shall govern the actions of the parties under this Amendment. Nossaman LLP Amendment No. 6 (RCTC Doc. No. 06-66-028-09) Page 2 9 ATTACHMENT 1 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Robert E. Magee, Chair APPROVED AS TO FORM: By: Best, Best & Krieger LLP' General Counsel NOSSAMAN LLP Title Nossaman LLP Amendment No. 6 (RCTC Doc. No. 06-66-028-09) Page 3 10 ATTACHMENT 2 OSSAMAN ttP Staff/Hourly Yq Rates U I Cf. mLEA E Z q g > 01 Y I a Lo. It (0LUy a A a 9= V d re _m OQ>a .4. Tasks Task1: OCTA/ROTC $545 $590 $605 $650 $440 $500 $260 $400 Coop Agreement 50 0 0 0 0 3 0 0 Cofiroute Agreement 100 0 0 0 0 27 0 0 Monthly Meetings 50 0 0 0 0 0 0 0 Total Hours for Task 1 200 0 0 0 0 30 0 0 Total Fees for Task 1 $109,000 $0 $0 $0 $0 $15,000 $0 $0 $124,000 Task 2: Caltrans Coop/Franchise Agreement Franchise/Toll Operations Agreement 75 0 4 0 8 0 0 0 Design & Construction Coop Agreement 75 0 4 0 8 0 0 0 Monthly Meetings 50 0 2 0 4 0 0 0 Total Hours for Task 2 200 0 10 0 20 0 0 0 Total Fees for Task $109,000 $0 $6,050 $0. $8,800 $0: $0. $0 $123,850 Task 3: CTC Design -Build Application 65 5 5 5 10 0 0 0 Total Hours for Task 3 65 5 5 5 10 0 0 0 Total Fees for Task $35,425 $2,950 $3,025 $3,250 $4,400. $0 $0 $0.- $49,050 Task 4: Toll Feasibility Feasibility Updates & Analyses 70 0 0 0 0 0 0 0 Total Hours for Task 4 70 0 0 0 0 0 0 0 Total Fees for Task $38,150; $0:. $0.5 $0; $0 $0 $0. $0 - $38,150 Task 5: Procurement Work Preparation of RFQ 15 0 5 0 20 0 0 20 RFQ Process (administration, evaluation) 25 0 5 0 30 0 0 20 Risk allocation workshops 20 0 5 0 20 0 0 0 5EP-15 (if needed) 20 2 5 0 20 0 0 O Preparation of RFP 25 4 15 8 45 0 0 20 Preparation of DB Contract 25 4 15 2 45 0 0 20 Review Tech Provisions prepared by PCM 10 0 0 0 30 0 0 20 Participate in industry review 35 0 0 0 20 0 0 0 Total Hours for Task 5 175 10 50 10 230 0 0 100 Total Fees for Tasks $95,375 $5,900 $30,2s0. $6,500 $101,200 $0 $0 $40,000 $279,225 • Pag4111 • OSSAAN tLP • ATTAC Staff/Hourly Rates S m m CC 2 W s43 °m � C _ A �' > o W A e c a � = is .0 a - . ce z m D a s g ° Y Tasks `� Task 6: TIFIA Preparation of TIFIA application Discussions/processing of application Total Hours for Task 6 Total Fees for Task 6 $545 5590 $605 $650 $440 $500 $260 $400 - '$59,925 20 15 35 $19,075 30 15 45 526,550 0 0 0 $0 0 0 0 $0 0 0 0 - $0 0 0 0 $0 55 0 55 . $14,300 0 0 0 $0 Task 7: General5R-91 Work Misc Calls, Meetings and Research 30 0 10 0 30 0 0 0 Total Hours for Task 7 30 0 10 0 30 0 0 0 Total Fees for Task 7 $16,350 $0 $6,050- $0 $13,200 $0 $0 $0 $35,600 Task 8: I-15 Feasibility Continue toll feasibility work 30 0 0 0 10 0 0 0 Misc Calls, Meetings and Research 5 5 5 0 25 0 0 0 Total Hours for Task 8 35 5 5 0 35 0 0 0 Total Fees for Task $19,075 - $2,950 $3,025 $0. - $15,400 $0. $0 $0 $40,450 SUBTOTALS $441,450 $38,350 $48,400 $9,750 $143,000 $15,000 $14,300 $40,000 $750,250 CONTINGENCY $49,750 :1.7 Ara '" .$00,1:0 _6,: Allocation of hours among tasks and between atto neys are for budget estimate pu poses only. Actual hours for individuals and allocations across tasks and across attorneys will likely vary The above budget assumes a DB procurement and not a PPP procurement. The above budget assumes that the procurement will in late 2nd quarter/early 3rd quarter of 2010; and the TIFIA process will be initiated In the 3rd/4th quarter of 2010 The estimates are provided for purposes of obtaining budget authorization and are not a cap on our fees or a guaranty that the scope of services will be provided for such estimated amounts. Budget estimate does not Include any remaining amounts under current budget authorization, which will remain available to Nossaman for performance of services. Budget estimate is for fees through 12/31/10 and is based on 2010 hourly rates. Page 2 of 2 12 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: November 23, 2009 TO: Plans and Programs Committee FROM: Shirley Medina, Programming and Planning Manager THROUGH: Cathy Bechtel, Project Development Director SUBJECT: County of Riverside Request to Reprogram Congestion Mitigation and Air Quality Program and Measure A Funds TECHNICAL ADVISORY COMMITTEE AND STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the county of Riverside's request to reprogram $1.4 million of Congestion Mitigation and Air Quality (CMAQ) program funds from the SR-60/Valley Way interchange to the Magnolia grade separation project; 2) Approve the county of Riverside's request to reprogram $2.1 million of 1989 Measure A Western County Highway funds from the SR-60/Valley Way interchange to the SR-79 widening project; 3) Revise the Commission's previous commitment of 1989 Measure A funds for the SR-60/Valley Way interchange from "up to $5.5 million" to $1.019 million; 4) Approve a revision to Agreement No. 09-31-078-00 with the county of Riverside to reduce the 1989 Measure A funding commitment for the SR-60/Valley Way interchange project to $1.019 million; and 5) Forward to the Commission for final action. BACKGROUND INFORMATION: The county of Riverside recently opened bids on the SR-60/Valley Way interchange project. This project was primarily funded with American Recovery and Reinvestment Act (ARRA), 1989 Measure A, and CMAQ funds. The low bid was approximately 50% under the engineer's estimate. Given that ARRA funding is available for a short time period with upcoming obligation deadlines, staff advised the county of Riverside to use as much of the ARRA funding possible. Therefore, CMAQ and 1989 Measure A funds will not be needed to fund the SR-60/Valley Way interchange improvement. The county of Riverside is proposing reprogramming the CMAQ funds of $1.4 million to the Magnolia grade separation project, which is planned for construction in FY 2011 /12. Since there has not been a call for projects in several Agenda Item 9 13 years, there is no current list of eligible projects to review for possible programming. The Commission's reprogramming/substitution policy for federal funds allows agencies to propose a substitution project for consideration. The Magnolia grade separation project is part of the Alameda Corridor East (ACE) grade separation program. The Commission has established ACE projects as high priority projects and has set aside future CMAQ funds to cover grade separation projects that are underfunded. The Technical Advisory Committee and staff support the county of Riverside's request to reprogram the CMAQ funds to the Magnolia grade separation project since it is consistent with the Commission's policies to fund grade separations. The original limits identified in the 1989 Measure A program for the SR-79 widening project were Newport Road to Keller Road. Due to state and federal requirements of logical termini and independent utility, the limits were modified to Thompson Road and Domenigoni Road. Staff supports the county of Riverside's request to reprogram $2.1 million of the 1989 Measure A Western County Highway funds from the SR-60/Valley Way interchange to the SR-79 widening project as these funds are only eligible for 1989 Measure A highway projects, and the SR-79 widening project was specifically listed in the 1989 Measure A Strategic Plan. There is no financial impact regarding the CMAQ funds as they do not flow directly through the Commission. Financial Information In Fiscal Year Budget: I Yes Year: FY 2009/10 Amount: $2,100,000 111 Source of Funds: 1989 Measure A Western County Highway Budget Adjustment: Yes (transfer only) GL/Project 1222 31 81301 P003032 81301 00000 0000 ($2,100,000) Accounting No.: 222 31 81401 P005114 81401 00000 0000 $2,100,000 Fiscal Procedures Approved: \ 1.4. Date: 11/17/09 Attachment: County of Riverside Reprogramming Request Agenda Item 9 • 14 88238 AM, CB; SM COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY Transportation Department November 5, 2009 Anne Mayer, Executive Director Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 RE: Surplus CMAQ and Measure A Funds Dear Ms. Mayer: Juan C. Perez. P.B., T.E. Director of Transportation ECEaVED 09 1,1iJS AT1aVCCOMMISStou The County of Riverside recently opened bids for the Valley Way at SR 60 interchange improvement project. The apparent low bid was approximately 50% under engineer's estimate, which resulted in substantial cost savings. We expect to award this contract at the November 24th Board of Supervisors meeting. This project currently has a variety of funding sources including Federal Economic Stimulus funding (ARRA), Federal Congestion and Air Quality funding (CMAQ), and RCTC Measure A. After maximizing the use of ARRA funds available., we are left with a surplus of $1.4 million of CMAQ funds and $2.1 million of Measure A funds. We would like to request that the surplus CMAQ funding from this project be moved 10 cover the funding shortfall of the Magnolia Grade Separation project: We are currently working on the design phase of this trade corridor improvement project and anticipate construction to begin in FY 2011/2012. We would also like 0 request that the surplus Measure A funding from this project be moved to cover the funding shortfall of the Winchester Road (SR 79) widening project: This project is scheduled to begin construction by the summer of 2010. Shifting the excess funds from the Valley Way interchange project over to the Magnolia Grade Separation project and the Winchester (SR 79) widening project will help to keep these much needed improvement projects on track for delivery as scheduled. Thank you for your consideration. If you have any questions or need additional information, please contact Patricia Romo at (951) 955-6740. Juan C. Perez Director of Transportation PR:sa 4080 Lemon Street, 8th Floor • Riverside. California 92501 • (951) 955-6740 P.O. Box 1090 • Riverside, California 92502-1090 • FAX (951) 955-3198 15 K.16.03 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: November 23, 2009 TO: Plans and Programs Committee FROM: Shirley Medina, Programming and Planning Manager THROUGH: Cathy Bechtel, Project Development Director SUBJECT: Interstate 215 Bi-County Project Funding Contribution STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve programming up to $30 million for the Interstate 215 Bi-County project in the 2010 State Transportation Improvement Program (STIP) for the design and construction phases; 21 Authorize the Executive Director, pursuant to legal cousel review, to execute agreements with the San Bernardino Association of Governments (SANBAG) and Ca!trans, to reflect this STIP programming commitment; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: The 1-215 Bi-County high occupancy vehicle (HOV) gap closure project was originally included in the 1989 Measure A program. The scope of the project is to connect and close the gap between two separate HOV projects in the city of San Bernardino and the upcoming SR-91 project in downtown Riverside. The project limits are the 1-10 interchange (Orange Show Road) in San Bernardino and the 60/91 /215 interchange, a distance of approximately 7.5 miles. The estimated cost of this project and the necessary coordination with SANBAG's Measure 1 program resulted in delaying the project until funding could be identified. In June 2008, SANBAG developed its strategic plan for its Measure 1 program and identified an interim project that would provide immediate traffic relief. In February 2009, the Commission approved the inclusion of the 1-215 Bi-County project in the 2009 Measure A 10-Year Western Riverside County Highway Delivery Plan and approximately $1.3 million in funding for the environmental phase. SANBAG has recently taken action to program fund savings from its 1-215 widening project through downtown San Bernardino to the 1-215 Bi-County project. This action will advance the Bi-County project to begin construction in FY 2012/13. SANBAG has identified the Commission's share of the project cost at Agenda Item 10 16 approximately $27 million to cover design and construction costs. SANBAG's share of the project cost is estimated at $144.5 million for design, right of way, and construction. Commission staff proposes to fund its $27 million share with future State Transportation Improvement Program (STIP) funds. Upon Commission approval of this item, staff will submit the 2010 STIP proposal to the California Transportation Commission (CTC) in February 2010 and will include the programming of approximately $27 million for the 1-215 Bi-County project. There is no additional capacity available in the 2010 STIP, however; given that the CTC may approve SANBAG's request to reprogram state funds from the 1-215 widening project to the 1-215 Bi-County project, it is possible that the CTC will approve this additional commitment in Riverside County's 2010 STIP. Inclusion of the Bi-County project will not adversely impact currently committed STIP projects. Adoption of the 2010 STIP by the CTC is scheduled to occur in May 2010. There is no financial impact as these STIP funds would not flow directly through the Commission. Agenda Item 10 • 17 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: November 23, 2009 TO: Plans and Programs Committee FROM: Robert Yates, Multimodal Services Director THROUGH: John Standiford, Deputy Executive Director SUBJECT: Development of Lake Elsinore Multimodal Park and Ride Facility STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the Lake Elsinore Multimodal Park and Ride Facility project in concept; 2) Authorize the Executive Director, pursuant to legal counsel review, to negotiate and execute a lease agreement; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: Through the Commuter Assistance Program, the Commission provides funding to support park and ride facilities in Western Riverside County. These facilities are used by Riverside County residents for their home to work commute and are mostly available to the public 24 hours a day, seven days a week. The Commission funds these park and ride leases through Measure A. Park and ride facilities are three -party agreements between a property owner, Ca!trans, and the Commission with a monthly fee ranging from $12 to $15 a space. At its October 1990 meeting, the Commission authorized the Executive Director to sign all park and ride leases and amendments with costs consistent with approved guidelines. DISCUSSION: During the past several years, park and ride use has increased tremendously with the greatest demand occurring in the Western Riverside County area and primarily on the Interstate 15 corridor. Of particular interest is the increased demand generated by the Riverside Transit Authority CommuterLink service, which transports commuters from certain park and ride facilities to the Commissions' Metrolink stations. Agenda Item 11 18 The nexus of bus service to other types of transit such as that provided by the CommuterLink service identified above is becoming increasingly important given the cost of commuting. This results in a direct correlation in the establishment of express or intermodal transit service to the need and development of improved park and ride facilities. The issue at hand with supporting this service is that the typical park and ride lease that the Commission has entered into in the past is usually not able to support full size bus service as well as the parking demand created by it. There are a variety of reasons for this, and they range from limits on property size and opposition by property owners to maintenance issues related to the weight of the buses. Additionally, a park and ride facility such as this requires a multi -year commitment to reduce the impact on bus schedules, which also has proved elusive. To deal with this situation, Commission staff over the past several years has approached a variety of property owners along the 1-15 corridor searching for an appropriate facility. The discussion with Civic Partners of Huntington Beach, developers of the Lake Elsinore baseball stadium and surrounding master -planned community, has proved to be a worthy pursuit. The proposal generated by Civic Partners would provide for a 200-car facility, allow for bus service, and include a 15-year term, all of which meet the criteria for the development of such a facility. The proposed location would be within its master -planned development, enjoy good access and, should the need arise in the future, include a relocation clause. NEXT STEPS: Given the need to support a park and ride lot of 150-200 spaces in addition to bus service within the 1-15 corridor, staff is recommending that the Commission authorize the Executive Director, pursuant to legal counsel review, to negotiate and execute a lease agreement with Civic Partners. Entering into the agreement would require the Commission to reimburse Civic Partners for the construction of the facility. This requirement is however, mitigated by Civic Partners' willingness to accept rent for only 'h of the 15-year term beginning with the first 30 months of the agreement. From that point on, rent payments would alternate according to the negotiated terms. Civic Partners has estimated the cost of construction to be approximately $400,000. Should the negotiation result in the execution of a lease agreement, staff is requesting construction authority for a not to exceed amount of $500,000 to support a contingency as well as the development of a bus stop shelter. Lastly, since a proposed project was budgeted for in the FY 2009/10 Commuter Assistance Program budget, no budget adjustment is necessary. Agenda Item 11 • 19 • Financial Information In Fiscal Year Budget: Yes Year: FY 2009/10 Amount: $500,000 Source of Funds: 1989 Measure A Commuter Assistance Budget Adjustment: No G L/Project Accounting No.: 226-41-81301-002106-81301-00000-0000 Fiscal Procedures Approved: \ ;.,01¢ Date: 11/16/09 Attachments: 1) Civic Partners Letter dated 11 /10/09 2) Map of Lake Elsinore Park and Ride Agenda Item 11 20 ATTACHMENT 1 • MC-CP Diamond Development, LLC November 10, 2009 Robert Yates Director, Multi -Modal Services RCTC 4080 Lemon Street P.O. Box 12008 Riverside, Ca. 92502 Reference: Letter of Intent RCTC Park and Ride Lake Elsinore, Ca. Dear Robert: As we have discussed, the following terms and conditions can be utilized in preparing a Iease with RCTC for space to create a Park and Ride facility within our new development on Diamond Drive in Lake Elsinore, California. The proposed deal will be a triple net ground lease of a pad providing non-exclusive parking rights within a larger development. Tenant: Landlord: Premises: Riverside County Transportation Commission JIC-CP Diamond Development, LLC, a California limited liability corporation The premises will consist of approximately 65,000 square feet of land sufficient to provide parking for 200 cars +/, along with a Bus Stop adjacent to the premises on Diamond Drive. Final location shall be determined in accordance with the development plan, and shall be mutually acceptable to Tenant and Landlord. Tenant shall have the non- exclusive right to use certain of the common areas, including access drives and circulation aisles within the parking areas of the larger development and the sidewalk area immediately adjacent to the Premises. Landlord, with Tenants approval shall have the right to relocate the designated Premises to facilitate the development. 7777 Center Avenue, Suite 300 Huntington Beach, CA 92647 PH: (714) 230-8000 21FX: (714) 230-8010 Page 2 RCTC Letter of Intent October 29, 2009 Temporary Location: Term: Term/Rent Monthly Rent: Insurance: Use: Zoning: Until such time as improvements can be completed on the designated location, Landlord will provide a temporary location within the existing Stadium overflow parking lot. This facility is located at the Southeast corner of Malaga Road and Diamond Drive. During any temporary use, the parking facility will be subject to certain use restrictions, including location within the existing lot, and time limits on days in which an evening game is played at the Stadium. The term of the Lease shall be for five (5) years plus two (2) five (5) year options for a total of fifteen (15) years to be detailed in the Lease. Minimum Rent shall commence upon the earlier of (a) completion of the improvements, or (b) March 1, 2010. Monthly rent during the initial term of the lease shall be as described below: Months 1-30 Free Months 31-60 $3,000/month For extensions as described above, the monthly rent shall be as described below: Months 61-108 $3,000/month Months 109-138 Free Months 139-180 $3,000/month At its cost, Tenant will maintain commercial general liability insurance and "all risks" property insurance on its entire facility. Landlord shall be named as Additional Insured on the policy and shall be notified 90 days in advance of any change in policy limits, carrier or term. Tenant shall operate, on the Premises, a commuter parking facility similar to others within the RCTC jurisdiction described and "Park and Ride". Landlord shall use commercially reasonable efforts to ensure that the Premises are properly zoned for the intended Use and that no Conditional Use Permit is required. Tenant shall assist Landlord by providing any parking or use information Landlord needs in connection with the foregoing. • 22 • Page 3 RCTC Letter of Intent October 29, 2009 Landlord's Work: Rent Start Date: Landlord Recapture: Maintenance/Repair: Assignment: Signage: Utilities: Parking: Landlord shall complete, and Tenant shall reimburse Landlord for cost and expense of all improvements, including but not limited to; on and off .site fees, and construction of on and off site improvements for the development' of the parking facility. Landlord understands that the work is subject to laws and regulations consistent with Prevailing Wage requirements. Construction costs include but are not limited to: grading; paving, striping, drainage, Iighting if required and signage. Such costs have been estimated to be, but are not limited to Four Hundred Thousand Dollars ($400,000). Reimbursement, subject to submittal of appropriate documentation of costs incurred shall be made to Landlord by Tenant within 60 days of submittal of an invoice. The earlier of (a) the date Tenant begins using the final or temporary location or (b) 30 days after Landlord delivers and Tenant accepts possession of the premises. In the event Tenant fails to open the premises as described within 6 months of the Rent Start Date, Landlord retains the right to vacate the remainder of this lease and replace Tenant. Tenant shall maintain and repair the Premises. Landlord shall operate and maintain the center in a first-class manner. Tenant shall have the right to assign the Lease, or sublet any part of the Premises, with Landlord's reasonable consent. Subject to Landlord's and applicable governmental and REA approvals, Tenant shall have the right to install signage on the exterior of the Premises to be agreed upon and detailed in an attachment to the Lease. The size and location of the signs on the Premises shall be jointly determined by Tenant and Landlord, provided that such signage shall not exceed limitations imposed by the city/county and REA's applicable to the Premises. Tenant shall pay for utilities used by Tenant on the Premises Tenant, its patrons and employees, shall have the non-exclusive right to park throughout the common area. 23 Page 4 RCTC Letter of Intent October 29, 2009 Documents: Non Binding: Upon execution of this proposal, Landlord shall furnish to Tenant copies of all documents, materials and other information in Landlord's possession relating to the condition of the Premises. Landlord and Tenant acknowledge that this proposal is not a Lease, that it is intended as a basis for the preparation of a Lease between Landlord and Tenant; Landlord and Tenant acknowledge that this proposal is not legally binding except that the parties agree to be legally bound to not disclose to third parties the subject matter of, northe terms of this proposal except if compelled by governmental requirements or laws or in connection with a dispute involving the subject matter thereof. If these terms are acceptable, please let me know, so that we may move forward with a lease document. Very truly yours, Je DeverTgnment Mana • 24 5Z ..umper ayl nw>pgpallo luauodwo) ileiaJaeltuaplsal v Ntw..Ala44-1. ayl le Rue.+neiSa�pae'seY tau aela.+auoje pue@ apnw ptwit luamdganap ayl amulsp3 a5i.el Nolo) unpels Hegaseq aaBeai;ov Iw Sugspia ue cl luaelpe sane 69-.Slamutxaeltle.u0 ltawdolanap asn.pdt+w q :uapolnsap is ow' tik+ :easy Siam, ssm9 uSisap an,ua) ul :uol7aadu+o) nalcad y;}'4Wal uca'j[aiunq. Saacaed>IA!). surs0Sladolanap SfYn�nu�51} ev,vl ualiewl puouueia�I1 •