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04 April 14, 2010 CommissionRECORDS MEETING AGENDA TIME/DATE: 9:30 a.m. / Wednesday, April 14, 2010 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside ito COMMISSIONERS "e. Chair - Bob Buster 1" Vice Chair - Greg Pettis 2nd Vice Chair - John J. Benoit 89038 Bob Buster, County of Riverside John F. Tavaglione, County of Riverside Jeff Stone, County of Riverside John J. Benoit, County of Riverside Marion Ashley, County of Riverside Bob Botts / Don Robinson, City of Banning Roger Berg / Jeff Fox, City of Beaumont Joseph DeConinck / To Be Appointed, City of Blythe Ray Quinto / Jim Hyatt, City of Calimesa Mary Craton / Jordan Ehrenkranz, City of Canyon Lake Greg Pettis / Kathleen DeRosa, City of Cathedral City Eduardo Garcia / Steven Hernandez, City of Coachella Karen Spiegel / Steve Nolan, City of Corona Scott Matas / Russell Betts, City of Desert Hot Springs Robin Lowe / Eric McBride, City of Hemet Patrick J. Mullany / Larry Spicer, City of Indian Wells Glenn Miller / Ben Godfrey, City of Indio Terry Henderson / Don Adolph, City of La Quinta Bob Magee / Melissa Melendez, City of Lake Elsinore Wallace Edgerton / Darcy Kuenzi, City of Menifee Bonnie Flickinger / Jesse Molina, City of Moreno Valley Rick Gibbs / Randon Lane, City of Murrieta Malcolm Miller / Kathy Azevedo, City of Norco Richard Kelly / Jim Ferguson, City of Palm Desert Steve Pougnet / Ginny Foat, City of Palm Springs Daryl Busch / Al Landers, City of Perris Ron Meepos / To Be Appointed, City of Rancho Mirage Steve Adams / Andy Melendrez, City of Riverside Steve Di Memmo / Vacant, City of San Jacinto Ron Roberts / Jeff Comerchero, City of Temecula Scott Farnam / Bridgette Moore, City of Wildomar Raymond Wolfe, Governor's Appointee Comments are welcomed by the Commission. Jf you wish to provide comments to the Commission, please complete and submit a Speaker Card to the Clerk of the Board. 11.36.00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, April 14, 2010 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside, CA /n 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 special assistance is needed to participate in a Commission 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 /3) continuous minutes or less. The Commission may, either at the direction of the Chair or by majority vote of the Commission, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Also, the Commission 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 Commission shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Under the Brown Act, the Board should not take action on or discuss matters raised during public comment portion of the agenda which are not listed on the agenda. Board members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. Riverside County Transportation Commission Agenda April 14, 2010 Page 2 5. APPROVAL OF MINUTES - JANUARY 28-29, AND MARCH 10, 2010 6. PUBLIC HEARING - RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF FEE AND EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, LOCATED IN RIVERSIDE COUNTY, CALIFORNIA, BY EMINENT DOMAIN, FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS RELATED TO THE STATE ROUTE 91 HIGH OCCUPANCY VEHICLE LANES FROM ADAMS STREET TO THE 60/91/215 INTERCHANGE, IN RIVERSIDE COUNTY, CALIFORNIA Overview This item is for the Commission to: 1) Conduct a hearing to consider the adoption of Resolutions of Necessity, including providing all parties interested in the affected properties and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the Resolutions of Necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owner. 3) Adopt Resolutions of Necessity Nos. 10-007 and 10-009, "Resolutions of Necessity for the Acquisition of Fee and Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, More Particularly Described as Assessor Parcel Numbers 229-062-012 (CPNs 20402-1 and 20402-2) and 225-340-016 (CPNs 20412-1, 20412-2 and 20412-3), for the Construction and Maintenance of Improvements Related to the State Route 91 High Occupancy Vehicle Lanes, from Adams Street to the 60/91/215 Interchange, in Riverside County, California." 7. PUBLIC HEARING - PERRIS VALLEY LINE ENVIRONMENTAL IMPACT REPORT Overview This item is for the Commission to hold a public hearing to receive public comments on the Perris Valley Line (PVL) draft environmental impact report (EIR). Riverside County Transportation Commission Agenda April 14, 2010 Page 3 8. ADDITIONS/REVISIONS — The Commission 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 Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. if there are less than 2/3 of the Commission 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. 9. 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. 9A. APPOINTMENT OF TOLL FINANCING UNDERWRITING TEAM Overview This item is for the Commission to receive and file a report on the appointment of a toll financing underwriting team. 9B. QUARTERLY FINANCIAL STATEMENTS Overview This item is for the Commission to receive and file the Quarterly Financial Statements for the six-month period ended December 31, 2009. Riverside County Transportation Commission Agenda April 14, 2010 Page 4 9C. AGREEMENT FOR ENVIRONMENTAL DOCUMENT PREPARATION, PRELIMINARY AND FINAL ENGINEERING DESIGN, AND CONSTRUCTION SUPPORT SERVICES FOR THE RIVERSIDE DOWNTOWN METROLINK LAYOVER FACILITY PROJECT Overview This item is for the Commission to: 1) Approve the consultant selection process and award Agreement No. 10-33-031-00 to HDR Engineering Inc. (HDR) to provide environmental document preparation, preliminary engineering, final engineering design, and construction support services for the Riverside Downtown Metrolink layover facility project in the amount of $2,140,325 plus a contingency amount of $259,675 to cover potential changes for a total not to exceed amount of $2.4 million; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director to approve contingency work up to the total not to exceed amount as requested for the project; and 4) Authorize the Executive Director, pursuant to legal counsel review, to execute non -funding related agreements necessary for the design and construction of the project. 9D. AMENDMENT TO AGREEMENT WITH OWEN DESIGN GROUP, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE NORTH MAIN CORONA PARKING STRUCTURE AND THE PERRIS MULTIMODAL FACILITY Overview This item is for the Commission to: 1) Approve Agreement No. 08-33-011-02, Amendment No. 2 to Agreement No. 08-33-011-00, with Owen Design Group, Inc. (Owen Group) for construction management services for the North Main Corona (NMC) parking structure and the Perris Multimodal (PMM) facility in a not to exceed amount of $490,000; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Approve an expenditure transfer of $490,000 from the Riverside Downtown layover facility right of way acquisition to the PMM facility construction management. Riverside County Transportation Commission Agenda April 14, 2010 Page 5 9E. AMENDMENT TO AGREEMENT WITH LA ENGINEERING TO INCREASE THE CONTRACT EXPENDITURE AUTHORIZATION FOR THE PERRIS MULTIMODAL FACILITY Overview This item is for the Commission to: 1) Approve Agreement No. 09-33-046-01, Amendment No. 1 to Agreement No. 09-33-046-00, with LA Engineering to increase the expenditure authorization for the Perris Multimodal (PMM) facility by $262,000, increasing the total not to exceed contract amount to $5.662 million; 2) Approve the addition of four external extra work requests: two by the city of Perris, one by Southern California Regional Rail Authority (SCRRA), and one by Riverside Transit Agency (RTA); 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 4) Authorize Executive Director to execute necessary contract change orders to implement these requests; and 5) Approve an increase to budgeted revenues of $140,000 and an expenditure transfer of $262,000 from the Riverside Downtown layover facility right of way acquisition to PMM facility construction. 9F. AGREEMENT WITH SUNESYS LLC FOR THE NO COST PROVISION OF FIBER OPTIC SERVICES IN EXCHANGE FOR A NO COST LICENSE AGREEMENT Overview This item is for the Commission to: 1) Approve Agreement No. 10-25-086-00 with Sunesys LLC for the provision of no cost fiber optic services in exchange for a no cost license agreement; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Agenda April 14, 2010 Page 6 9G. AGREEMENT WITH EPIC LAND SOLUTIONS, INC. TO PROVIDE PROPERTY MANAGEMENT SUPPORT SERVICES Overview This item is for the Commission to: 1) Approve Agreement No. 10-51-074-00 with Epic Land Solutions, Inc. (Epic), for property management support services for Commission -owned parcels for two years in an not to exceed amount of $970,000, and one option year for an additional $485,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement, including the option year, on behalf of the Commission. 10. LATE BREAKING ITEM — COLTON CROSSING UPDATE Overview This item is for the Commission to: 1) Receive and file an update on the status of Colton Crossing; and 2) Provide policy direction to staff for remaining negotiations regarding inclusion in the Trade Corridor Improvement Fund (TCIF). 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 12. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. 13. CLOSED SESSION 13A. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c) Potential Number of Case(s): One Riverside County Transportation Commission Agenda April 14, 2010 Page 7 14. ADJOURNMENT The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, May 12, 2010, Board Room, County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California. RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL APRIL 14, 2010 County,;of-Riverside,,'District I County of Riverside, District II County of Riverside, District III County of Riverside, District IV County of Riverside, District V City of Banning City of E - City of Blythe City of Calitrt'esa City of Canyon Lake City of Cathedral- City City of Coachella .... _......... City of Corona City of Desert Hot Springs City o Hetr# City of Indian Wells City of Indio City of La Quinta City of Lake. Ersinore City of Menifee City oforeno:Valley City of Murrieta City of fiore City of Palm Desert City of Palm_ °rings City of Perris City of Rant _ =Nfirage City of Riverside City of-San..Jacinto=' City of Temecula City of Wildrrtar..' Governor's Appointee, Caltrans District 8 Present Absent O O RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN -IN SHEET APRIL 14, 2010 NAM AGENCY E MAIL ADDRESS �. G6' s - 11-0s-41 ri\f & "o () l .(I*a J eU 1\1( ct I tea ( M; Il i N 0 rut) 2-7r-r p_NP M D 1 Lf-)l\Aog.-P— t / C—i 4- (----47 PQ l "t)VL--' Cal,tlok- 44-y cr✓vL,F-- GA-LT'�,iS 4��i 474 1s4(7741" RE-q Pe ri S 04 i7/zbea - C` , T 7aK4-1 7.73&�0L.7-- fi<i/_C. y-`sT R�aGea-c e W 4 Ce .---a,S6v^E -----7,;,ti..-' (-4.4a4Koc_Lo (J . wa C 1 ^y ® P �.lt9�/SS) ✓�S� N✓rC O�.""c/G/C/.vaC/e_ e-,LW02-=Aie&WGker-e-- -Y ,Q C'7 L . Ate// / `"4j7 VyL.ch j'JC7JC Ui lln-evh✓vYv _A ,Sq•Ai 1m-e-s_1-0 nl 11. ;0- NQ►\O .V A-T�, e-ie-. 7-7I_J biz 'e"gP %VV.+ A n- �%Z_1,-..z S' rep a e,u POOC •Ie r p.4tc►ti Sp4•ij4 S. � 'ut�. I<c- I ht IS ) t4 Dnsew r -D47-'n:..:T S f��s . 1�1 Page 1 of 1 Tara Byerly - COMMISSION AGENDA - APRIL 14, 2010 From: Tara Byerly To: Byerly, Tara Date: 4/8/2010 8:21 AM Subject: COMMISSION AGENDA - APRIL 14, 2010 CC: Harmon, Jennifer Attachments: AGENDA 04.pdf Good Morning Commission Alternates: For your information, attached below is the April 14, 2010 Commission Agenda. If you would like to view the detailed information please go to our website at: www.rctc.org. Thank you. Respectfully, Tara S. Byerly Senior Administrative Assistant Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951)787-7141 file://CADocuments and Settingsltbyerly\Local Settings\Temp\XPgrpwise14BBD920ERCT... 1/5/2011 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES Thursday, January 28, 2010 WELCOME AND WORKSHOP OVERVIEW The Riverside County Transportation Commission Workshop was called to order by Chair Bob Buster at 2:40 p.m., at the Embassy Suites Hotel La Quinta, 50-777 Santa Rosa Plaza, La Quinta, CA. Chair Buster provided welcoming comments. Terry Henderson welcomed the Commissioners to La Quinta and led the Commission in a flag salute. Anne Mayer, Executive Director, provided an overview of the topics for discussion at the workshop. PRESENTATION ON COACHELLA VALLEY FINANCIAL CHALLENGES AND ACTION PLAN Tom Kirk, Executive Director, Coachella Valley Association of Governments (CVAG), presented the Coachella Valley Financial Challenges and Action Plan, highlighting the following areas: • CVAG's revenue and expenditure projection in June 2008 and December 2009 for FYs 2007-17; • Projects not included in the 2008 projections; • Projects at risk of delay; • CVAG Transportation Uniform Mitigation Fee (TUMF) and Measure A revenue projection for June 2008; • Federal stimulus funds; • Reduction in State Transportation Improvement Program (STIP) funds; and • Recommendations to address the funding shortfall. WESTERN RIVERSIDE COUNTY FINANCIAL CHALLENGES AND RECOVERY PLAN Anne Mayer presented the Western Riverside County Financial Challenges and Recovery Plan, discussing the following areas: • The original Western Riverside County Highway Delivery Plan; • 2009 Measure A revenue projections; • State funding issues; Riverside County Transportation Commission Minutes January 28-29, 2010 Page 2 • Measure A funding limitations; • Review of active projects: ■ 60/215 East Junction; ■ SR-91 HOV lanes in downtown Riverside; ■ 74/215 interchange project; ■ SR-60/Valley Way interchange; ■ SR-91 /Van Buren interchange; ■ SR-74 curve realignment; ■ Additional ARRA projects; o Recommendation: Maintain delivery but consider delaying SR-91 HOV project if state funds are cut. • Mid County Parkway: o Recommendation: Complete PA/ED and proceed with right of way acquisition on a very limited basis as funding becomes available. • SR-79 Realignment: o Recommendation: Complete PA/ED. • Status of Rail Projects and Operations; • Insufficient funds to maintain progress on all projects: ■ Prioritize projects; ■ Loss of state funding will delay respective projects; ■ Projects below priority line will complete work and stop; and ■ No money for new projects. • Status of 1-215 Projects: o Recommendation: Establish the following priorities: 1) South — Murrieta Hot Springs Road to Scott Road 2) Central — Scott Road to Nuevo Road 3) Bi-County HOV project 4) French Valley Parkway interchange and gap closure Defer North — Nuevo Road to Box Springs Road • 1-15 Corridor: o Recommendation: Complete PA/ED; complete scope re-evaluation; assume deferral of PS&E; reassess status when scope re-evaluation is complete; and continue monitoring and support of French Valley Parkway. • 1-10 Corridor: o Recommendation: Defer start for truck climbing lane. • Rail Program: o Recommendation: Deliver the Perris Valley Line project; explore long-range budget issues in conjunction with SCRRA; work with Commission to consider long-range RCTC Metrolink policy items including station operation costs, advertising, and parking. • • • Riverside County Transportation Commission Minutes January 28-29, 2010 Page 3 The Commission discussed bonding capacity, credit ratings, and ballot feasibility related to raising the 2009 Measure A debt limit. Michael Blomquist provided an overview of the SR-91 Corridor Improvement Project (SR-91 CIP), discussing the following areas: • SR-91 CIP Design Build Project; o Recommendation: Maintain delivery • Financial feasibility and funding strategy; • Phasing elements and project overview; and • Related policy positions. M/S/C (Stone/Ashley) to: 1) Approve the staff recommendations for project reprioritization strategy for the 10-Year Westem Riverside County Highway Delivery Plan; and 2) Direct staff to explore raising the 2009 Measure A debt limit and return to the Commission with an analysis and recommendation at a future meeting. UPDATE ON STATE LEGISLATIVE MATTERS Mark Watts, the Commission's state legislative advocate, updated the Commission on state legislative matters including the state gas and sales tax shift and state budget issues. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the workshop adjourned at 5:15 p.m. The Commission workshop will continue at 8:45 a.m., Friday, January 29, 2010, Embassy Suites Hotel La Quinta, 50-777 Santa Rosa Plaza, La Quinta, CA. Respectfully submitted, 02-1"^:4-94_ Jennifer Harmon Clerk of the Board Riverside County Transportation Commission Minutes January 28-29, 2010 Page 4 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES Friday, January 29, 2010 The Riverside County Transportation Commission Workshop was called to order by Chair Bob Buster . at 8:45 a.m., at the Embassy Suites Hotel La Quinta, 50-777 Santa Rosa Plaza, La Quinta, CA. 2010 STATE TRANSPORTATION IMPROVEMENT PROGRAM PROPOSAL Shirley Medina, Programming and Planning Manager, presented the 2010 State Transportation Improvement Program (STIP) proposal for Riverside County. The Commission discussed the Stimulus II bill, including requirement issues and potential projects. M/S/C (Lowe/Spiegel) to: 1) Approve the proposed 2010 State Transportation Improvement Program (STIP) for Riverside County; 2) Submit the 2010 STIP proposal to the Califomia Transportation Commission (CTC) by February 12, 2010 for adoption at the May 19, 2010 CTC meeting; . 3) Submit the Interstate 215 Bi-County gap closure project to the CTC for consideration of available Corridor Mobility Improvement Account (CMIA) funding; and 4) Direct staff to pursue all funding options to deliver Measure A, STIP, Proposition 1 B, and other Commission priority programs. Abstain: Ashley SENATE BILL 375 UPDATE Hasan lkhrata, Executive Director, Southern California Association of Governments (SCAG), presented an update on SB 375, discussing the following areas: • Population and employment growth in the SCAG region and Riverside County for 2010 and 2035; • Statistics on the working population; • Shifts in the age groups of the population in Riverside County; • Housing unit distribution and average annual rates of buying and selling; • Impacts of higher gasoline prices on retail spending; • • • Riverside County Transportation Commission Minutes January 28-29, 2010 Page 5 • Changes to how communities are built; • How SB 375 addresses greenhouse gas reductions; and • SCAG's effort to address SB 375. John Husing, PhD, Economics and Politics, Inc., then discussed the following areas related to SB 375: • Population, job, and education statistics for the SCAG region; • Coordinated multi -tiered regional strategy; • Health risks increased by transportation; • Jobs:Housing balance; • Economic base; • Educated population; • Land uses changes; and • Sustainable Community Strategy; The Commission discussed unsustainable demographics, investment in higher education, and community partnerships. PROPOSED COMMITTEE RESTRUCTURING John Standiford, Deputy Executive Director, presented the proposed committee restructuring. Commissioner Marion Ashley expressed that the proposed day and time conflicts with regularly scheduled meetings on his calendar and asked staff to look into video conference. M/S/C (Ashley/Stone) to: 1) Approve disbanding the Plans and Programs Committee; 2) Approve the formation of the Coachella Valley Programs and Projects Committee and the Western Riverside County Programs and Projects Committee; 3) Approve the restructuring of the Budget and Implementation Committee; and 4) Forward to the Executive Committee for final action. FINAL FEASIBILITY EVALUATION REPORT FOR THE IRVINE CORONA EXPRESSWAY TUNNELS PROJECT Cathy Bechtel, Project Development Director, presented a high-level overview of the Irvine -Corona Expressway (ICE) tunnels project, including background information and the primary issues considered for feasibility evaluation. Riverside County Transportation Commission Minutes January 28-29, 2010 Page 6 Paul Guptill, Kleinfelder, then discussed the following areas related to the ICE tunnels project: • Geotechnical findings; • Tunnel design considerations; • Construction issues; • Cost and revenue; • Annual toll revenue estimates — 2030; • Major project challenges: funding sources, power needs, ventilation, environmental issues, and construction schedule; The Commission discussed the need for the ICE tunnel project, funding challenges, muck disposal, and the use and connectivity of the tunnels for rail service. M/S/C (Stone/Busch) to: 1) Receive and file the feasibility evaluation report for ICE tunnels project; 2) Direct staff to conduct an evaluation of the revenues needed to fund the proposed ICE tunnels obligation and return this information to the ROCA Board at its April 2010 meeting; and 3) Authorize the continuation of groundwater monitoring for up to an additional year in order to provide time to gauge private industry interest in the project. CALIFORNIA HIGH-SPEED RAIL UPDATE Sheldon Peterson, Rail Manager, presented an overview of activities of the California High -Speed Rail Authority, discussing the following areas: • California's plan for high-speed rail service; • Los Angeles — San Diego project overview; • 2009 Business Plan; • Legislative analyst report; • Southern California Inland Corridor and local working groups; • Public scoping meeting and comments; • Alternatives analysis; and • High-speed rail funding. 511 UPDATE Robert Yates, Multimodal Services Director, presented the Inland Empire 511 program. • • • • • • Riverside County Transportation Commission Minutes January 28-29, 2010 Page 7 ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the workshop adjourned at 12:45 p.m. Respectfully submitted, OsuNI`:J514— - Jennifer Harmon Clerk of the Board • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES Wednesday, March 10, 2010 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Bob Buster at 9:32 a.m. in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Commissioner Richard Kelly led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Commissioners Absent John J. Benoit Roger Berg Bob Botts Daryl Busch Bob Buster Joseph DeConinck Steve Di Memmo Jordan Ehrenkranz Scott Farnam Bonnie Flickinger Eduardo Garcia Terry Henderson Richard Kelly Darcy Kuenzi Robin Lowe Bob Magee 4. PUBLIC COMMENTS Scott Matas Ron Meepos Glenn Miller Malcolm Miller Patrick J. Mullany Greg Pettis Ray Quinto Ron Roberts Karen Spiegel Jeff Stone Ray Wolfe There were no requests to speak from the public. Marion Ashley Steve Adams Rick Gibbs Steve Pougnet John F. Tavaglione Riverside County Transportation Commission Minutes March 10, 2010 Page 2 5. APPROVAL OF MINUTES — FEBRUARY 10, 2010 M/S/C (Spiegel/Stone) to approve the minutes of February 10, 2010, meeting. Abstain: Ehrenkranz, Garcia, Kuenzi, and Meepos 6. ADDITIONS/REVISIONS There was a correction to Agenda Item 13, "Closed Session". 7. CONSENT CALENDAR Anne Mayer announced Agenda Item 7E, "Agreements With Qualified Contractors to Provide On -Call Right of Way Appraisal Services for Residential, Commercial, Industrial, and Agricultural Properties and Agenda Item 7F, "Agreements With Qualified Contractors to Provide On -Call Right of Way Appraisal Review Services for Residential, Commercial, Industrial, and Agricultural Properties" have been pulled off the agenda for further review at staff's request. She stated the agenda items will be resubmitted to the Western Riverside County Programs and Projects Committee for review and then to the Commission for final action. M/S/C (Henderson/Kuenzi) to approve the following Consent Calendar items: 7A. SINGLE SIGNATURE AUTHORITY REPORT Receive and file the Single Signature Authority Report for the second quarter ended December 31, 2009. 7B. QUARTERLY INVESTMENT REPORT Receive and file the Quarterly Investment Report for the quarter ended December 31, 2009. 7C. CONFLICTS OF INTEREST POLICY FOR THE SR-91 CORRIDOR IMPROVEMENT PROJECT Approve the Conflict of Interest (C01) policy for the State Route 91 Corridor Improvement Project (SR-91 CIP). • Riverside County Transportation Commission Minutes March 10, 2010 Page 3 7D. 2010 CONGESTION MANAGEMENT, PROGRAM Approve the 2010 Congestion Management Program (CMP). 7G. FISCAL YEAR 2010 APPROPRIATIONS — ALAMEDA CORRIDOR EAST — AUTO CENTER DRIVE AND STREETER AVENUE GRADE SEPARATIONS 1) Allocate $674,500 to the city of Corona (Corona) in support of the Auto Center Drive grade separation project; and .2) Allocate $674,500 to the city of Riverside (Riverside) in support of the Streeter Avenue grade separation project. 8. PROPOSED POLICY GOALS AND OBJECTIVES FOR FISCAL YEAR 2010/11 BUDGET Theresia Trevino, Chief Financial Officer, provided an overview of the Commission's budget process and the proposed policy goals and objectives for FY 2010/11. Theresia Trevino explained the Budget and Implementation Committee's direction was to include Coachella Valley on the long-range strategic plan for the provision of commuter and/or passenger rail services. Therefore, some of the goals were modified in this area. As a result, the Perris Valley Line extension was addressed in a separate item. In response to Commissioner Greg Pettis' question regarding community outreach, Anne Mayer explained staff meets with various community groups and professional organizations to discuss specific projects, funding on programs or projects, or on the impacts of transportation. Staff has also participated in radio shows and television spots. Any Commissioner interested in staff speaking at a local group or organization's meeting regarding specific projects or issues related to transportation, please notify staff. At Chair Buster's request, Jennifer Harmon, Clerk of the Board, stated the PVL public hearing will be held on April 22 at 6:00 p.m., and explained the San Jacinto Branch Line Ad Hoc Committee Members were notified and requested to participate as part of the hearing board. M/S/C (Stone/Benoit) to approve the proposed Commission Policy Goals and Objectives for the FY 2010/11 Budget. Riverside County Transportation Commission Minutes March 10, 2010 Page 4 9. AMENDMENT TO AGREEMENT FOR ON -CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH PB AMERICAS, INC. Khalid Bazmi, Toll Project Manager, provided an overview for the amendment with PB Americas, Inc., (PB) for on -call strategic partnership advisor services for the proposed State Route 91 and Interstate 15 corridor improvement projects. He discussed the Western Riverside County Projects and Programs Committee's direction to renegotiate a reduction in the overall costs of the contract, which was reduced by 30% in its profit. Commissioner Darcy Kuenzi expressed her gratitude to staff for -renegotiating a cost reduction to the PB contract, and asked if these renegotiation requests will continue with other Commission contracts. Anne Mayer replied a number of contracts were competitively negotiated and executed when costs were significantly higher. She stated staff will evaluate extended contracts to ensure the profit margins are compatible with the current financial environment. M/S/C (Henderson/G. Miller) to: 1) Approve Agreement No. 06-66-027-20, Amendment No. 9 to Agreement No. 06-66-027-00, with PB for on -call strategic partnership advisor services to continue providing services for the proposed SR-91 and 1-15 corridor improvement projects in the amount of $648,355; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. Abstain: Berg and Stone 10. AMERICAN RECOVERY AND REINVESTMENT ACT UPDATE Aaron Hake, Government Relations Manager, provided an update on the seven Commission projects that have been obligated and funded with American Recovery and Reinvestment Act (ARRA) funds. He discussed the proposed Stimulus II requirements if a bill is passed. Chair Buster commended Aaron Hake for his hard work in dealing with the state and federal issues. • • • • • • Riverside County Transportation Commission Minutes March 10, 2010 Page 5 M/S/C (Pettis/Henderson) to 1) Receive and file a report on the status of ARRA projects; and 2) Approve allocating potential stimulus funding from the federal "Jobs Bill" to projects that are currently federalized and can meet deadline requirements for the first 50% of the funds, with first priority to STIP projects, second priority to state highway projects, and third priority to local road projects. 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA There were no agenda items pulled from the Consent Calendar. 12. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 12A. Commissioner Karen Spiegel announced construction for the Corona Transit Center is five weeks ahead of schedule. 12B. Jeff Stone requested staff provide information on the Commission's operating reserve account to ensure the Commission remains funded during challenging economic times. Theresia Trevino referred to the Commission's Policy and Goals and explained the reserves are primarily set for transit services. Anne Mayer explained staff will evaluate the Commission's financial policies and provide various scenarios to the Commission for discussion and consideration. She discussed the Commission's operating and expenditure costs and explained the Commission has built-in statutory controls in how much can be spent. 12C. Anne Mayer announced the Mobility 21 Board of Directors meeting will be held in Washington, D.C., and several local partners from Los Angeles, Orange, San Bernardino, Ventura Counties, and Southern California Association of Governments will be attending to discuss the Southern California region. At this time, Commissioners Eduardo Garcia and Ron Meepos left the meeting. Riverside County Transportation Commission Minutes March 10, 2010 Page 6 13. CLOSED SESSION 13A. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c) Potential Number of Case(s): One 13B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Negotiating Parties: RCTC — Executive Director or Designee Property Owners - See List of Property Owners Item APN(s) Property Owner(s) 1 247-112-007 247-150-040 Citrus Business Park, LLC a California Limited Liability Company Rufus C. Barkley III 2 117-041-012 Oscar and Patricia Santos There were no announcements from the Closed Session items. 14. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting was adjourned at 11:15 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, April 14, 2010, in the Board Room, at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California. Respectfully submitted, Jennifer Harmon Clerk of the Board • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 14, 2010 TO: Riverside County Transportation Commission FROM: Min Saysay, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Resolutions of Necessity for the Acquisition of Fee and Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, for the Construction and Maintenance of Improvements Related to the State Route 91 High Occupancy Vehicle Lanes from Adams Street to the 60/91 /215 Interchange, in Riverside County, California STAFF RECOMMENDATION: This item is for the Commission to: 1) Conduct a hearing to consider the adoption of Resolutions of Necessity, including providing all parties interested in the affected properties and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the Resolutions of Necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owner. 3) Adopt Resolutions of Necessity Nos. 10-007 and 10-009, "Resolutions of Necessity for the Acquisition of Fee and Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, More Particularly Described as Assessor Parcel Numbers 229-062-012 (CPNs 20402-1 and 20402-2) and 225-340-016 (CPNs 20412-1, 20412-2 and 20412-3), for the Construction and Maintenance of Improvements Related to the State Route 91 High Occupancy Vehicle Lanes, from Adams Street to the 60/91/215Interchange, in Riverside County, California." Agenda Item 6 1 BACKGROUND INFORMATION: The Commission is being asked to consider the adoption of the Resolutions of Necessity declaring its intent to acquire fee and easement interests in certain real property through eminent domain proceedings for the construction and maintenance of a high occupancy vehicle (HOV) lane project on the SR-91 in the city of Riverside (Project). The immediate need for the property acquisition is to proceed with the construction of the Project. The acquisitions are required for, and will benefit, the community by reducing congestion, improving existing operational conditions, and enhancing safety. The Project will complete the HOV lanes from the Orange County line to the 60/91 /215 interchange. Litigation guarantees were ordered from Stewart Title Guaranty Company to confirm and identify the record owners of the parcels affected by the Project. The Commission then served the affected property owners with a notice of the Commission's decision to appraise the property. The Commission had the properties appraised and made offers to the record owners. Negotiations have been unsuccessful for the purchase of the properties; however, the adoption of Resolutions of Necessity will not prevent negotiations from continuing. Since an agreement has not been reached with the owners of record, it may be necessary to acquire the parcels described in Exhibit "A" by eminent domain. The initiation of the eminent domain process is accomplished by the Commission's adoption of a resolution of necessity. Description of Property to be Acquired CPNs 20402-1 and 20402-2 are owned by Golden State Mortgage Trust, Inc., a California corporation. This property is improved with an office building and is located at the northwest quadrant of Indiana Avenue and Jane Street in the city of Riverside, Riverside County, California. CPNs 20412-1, 20412-2 and 20412-3 are owned by William R. Austin. This property is improved with an apartment complex and is located at the northeast quadrant of Riverside Avenue and the westbound Arlington Avenue off ramp in the city of Riverside, Riverside County, California. Agenda Item 6 2 • • • Project Description The Project will provide two high occupancy vehicle lanes on the SR-91 between Adams Street and the 60/91 /215 Interchange, and will improve ramps, bridges and access and modifies interchanges, in Riverside County, California. Hearings and Required Findings The action requested of the Commission at the conclusion of this hearing concerns the acquisition of real property interests from the property owners listed below and further identified in the legal descriptions and depicted on the maps, which are attached. Assessor Parcel No. 229-062-012 (CPNs 20402-1 and 20402-2) is owned by Golden State Mortgage Trust, Inc., a California corporation. Assessor Parcel No. 225-340-016 (CPNs 20412-1, 20412-2 and 20412-3) is owned by William R. Austin. California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a resolution of necessity, which resolution may only be adopted after the governing body has given each party with an interest in the affected properties; or their representatives, a reasonable opportunity to appear and be heard on the following matters: 1. The public interest and necessity require the proposed project. 2. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. The real property to be acquired is necessary for the project; and 4. The offer of just compensation has been made to the property owner. A notice of hearing was sent by first class mail to the property owner and tenants, and stated the Commission's intent to consider the adoption of the resolution, the right of each person to appear and be heard on these issues, and that failure to file written request to appear would result in a waiver of the right to appear and be heard. The Commission has scheduled this hearing at which all persons who filed a written request within 15 days of the date of notice was mailed may appear and be heard. The Commission's legal counsel mailed the required notice to the property owners on February 26, 2010, in accordance with California Code of Civil Procedure, section 1245.235. Agenda Item 6 3 The property owners were also invited to meet with Commission and Caltrans staff to address any concerns they may have with the design of the construction in the manner proposed and the necessity of the acquisition. The above four required findings are addressed as follows: 1. Public Interest and Necessity Require the Proposed Project The acquisition of the properties is necessary to construct the Project, which will close the gap that exists in the HOV lanes on the SR-91 between the Orange County line and the 60/91 /215 interchange, and will improve ramps, bridges and access and modify interchanges in the city of Riverside, Riverside County, California. Construction of the Project will reduce traffic congestion and enhance safety. 2. The Project is Planned or Located in a Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury A thorough analysis was conducted to find the single best location for this Project. Environmental analyses and findings indicated that this site uniquely satisfies the engineering, public health, and environmental issues, and this location is the most compatible with the greatest public good. It is also the location with the least private injury. 3. The Real Property Sought to be Acquired is Necessary for the Proposed Project As described above, a careful analysis was performed regarding location and what property and property rights were needed, and this parcel meets all the desired characteristics for the construction of the improvements for the Project. 4. The Offer of Just Compensation Has Been Made An appraisal was prepared by Commission's appraiser, Valentine Appraisal and Associates, to establish fair market value of the real property the Commission is seeking to acquire from the property owned by Golden State Mortgage Trust, Inc. An appraisal was prepared by Commission's appraiser, R.P. Laurain and Associates, Inc., to establish fair market value of the real property the Commission is seeking to acquire from the property owned by William R. Austin. An offer of just compensation was made to each property owner to purchase the real property, based on the approved appraisals, as required by Section 7267.2 of the California Government Code. Although negotiated settlements may still be possible, it would be appropriate to Agenda Item 6 • • • 4 • • commence the procedures to acquire the property through eminent domain, to ensure that the real properties will be available to meet the time frames associated with the construction of the Project. Environmental Analysis Compliance with the California Environmental Quality Act (CEQA) has been satisfied by the adoption of the State Route 91 HOV Project Initial Study with Mitigated Negative Declaration/Environmental Assessment with Finding of No Significant Impact in August, 2007. Fiscal Impact There is no fiscal impact from this action. Notice of Public Hearing Notices of Public Hearing were mailed on February 26, 2010 to the property owners of record. Attachments: 1) Resolution No. 10-007 2) Resolution No. 10-009 Agenda Item 6 5 • • ATTACHMENT 1 RESOLUTION NO. 10-007 A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE AND EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, LOCATED IN RIVERSIDE COUNTY, CALIFORNIA, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBER 229-062-012 (CALTRANS PARCEL NOS. 20402-1 AND 20402-2), FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS RELATED TO THE STATE ROUTE 91 HIGH OCCUPANCY VEHICLE LANES FROM ADAMS STREET TO THE 60/91/215 INTERCHANGE, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee and easement interests in certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Number 229-062-012 (Caltrans Parcel Nos. 20402-1 and 20402-2), for the State Route 91 High Occupancy Vehicle project from Adams Street to the 60/91/215 Interchange, in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, April 14, 2010 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and each affected property owner was afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for which the fee and easement interests in the property is to be acquired is for the construction and maintenance of 6 improvements related to the State Route 91 High Occupancy Vehicle Lanes, from Adams Street to the 60/91/215 Interchange, in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes Commission to acquire by eminent domain property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal descriptions and plat maps of the real property to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property described in Exhibit "1" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the Califomia Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the real properties to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described real properties subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real properties appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such 7 • • • • • improvements to the real property being acquired that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real properties in the name of and on behalf of Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 14th day of April, 2010. Bob Buster, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 8 Definitions of Legal Rights to be Acquired The following is a list of definitions of legal rights to be acquired by the Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, refers to complete or absolute ownership of the property. "Temporary construction easement ("TCE")" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights: Prior to termination of this easement, property owners shall not erect or construct, or permit to be erected or constructed, any building, stricture or improvement on, over or under any portion of the easement, nor shall property owners plant any tree or trees or plant any other vegetation or flora on any portion of the easement except at the written consent of RCTC, its successors and assigns. RCTC shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as plaintiff determines in its sole discretion without payment of any additional compensation to property owners. No other easement or easements shall be granted on, under, or over this easement without obtaining the prior written consent of RCTC, its successors and assigns. The duration of the rights under this easement shall not be for less than 18 months, and will begin on the date construction on the property commences. RCTC shall have an option to extend the temporary construction easement on a month -to -month basis, until construction on the property is completed. • 08-Riv-91-17.56 (PM) 1 Parcel No. 20402-1 2 For freeway purposes, that portion of the northeasterly one-half of Lot 14, and that portion of Lot 3 15, both lying within Block 4, of Orange Acres, situated in the City of Riverside, County of Riverside, 4 State of California, per plat recorded in Book 13 of Maps, page 7, Records of said County, and that 5 portion of Parcel 3, per plat recorded June 26, 1969 in Book 54 page 1, Records of Survey, Records of 6 said County, said portions described as follows: 7 BEGINNING at the most southerly comer of land described in Grant Deed to the State of 8 California recorded October 14, 1955 in Book 1806, page 490, Official Records of said County, said 9 corner being a point on the southeasterly right-of-way line of State Route 91; thence along the 10 southwesterly line of the northeasterly one-half of said Lot 14, South 33°36'31"East 6.52 feet; thence 11 North 49°50'52" East 99.10 feet; thence North 51°53'47" East 215.66 feet; thence North 53°34'58" East 12 20.33 feet to the northeasterly line of said Parcel 3; thence along said northeasterly line North 40°11'28" West 13 7.55 feet to most northerly corner of said Parcel 3, said corner being a point on the northwesterly line 14 of that certain parcel of land described in Director's Deed recorded November 16, 1960, in Book 15 2800, page 386, Official Records of said County; thence along said northwesterly line the following 2 16 courses, South 55°35'18" West 80.47 feet to an angle point therein; thence South 49°49'39" West 17 254.08 feet to the POINT OF BEGINNING. 18 Lands abutting said freeway shall have no right or easement of access thereto. 19 / 20 Parcel No. 20402-2 21 An temporary EASEMENT for construction purposes over and across that portion of Lot 14, and 22 that portion of Lot 15, both lying within Block 4, of Orange Acres; situated in the City of Riverside, 23 County of Riverside, State of California, per plat recorded in Book 13 of Maps, page 7, Records of said 24 County, and that portion of Parcel 3 as shown by map on file in Book 54 page I, Records of Survey, 25 Records of said County, said portions described as follows: 26 COMMENCING at the most southerly comer of land described in Grant Deed to the State of 27 California recorded October 14, 1955 in Book 1806, page 490, Official Records of said County, said 28 (CONTINUED) Exhibit / 12 , Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 08-Riv-91-17.56 (PM) Parcel No. 20402-1(CONTINUE) corner being a point on the southeasterly right-of-way line of State Route 91; thence along the southwesterly line of the northeasterly one-half of said Lot 14, South 33°36'31" East 6.52 feet to the POINT OF BEGINNING; thence North 49°50'52" East 99.10 feet; thence North 5I°53'47" East 215.66 feet; thence North 53°34'58" East 20.33 feet to a point on the northeasterly line of said Parcel 3; thence along said northeasterly line South 40°11'28" East 8.02 feet; thence South 53°34'58" West 20.73 feet; thence South 51°53'47" West 90.37 feet; thence North 38°06'13" West 3.00 feet; thence South 51°53'47" West 125.08.feet; thence South 39°07'38" East 2.00 feet; thence South 49°50'52" West 99.77 feet to a point on said southwesterly line of the northeasterly one-half of said Lot 14; thence along said southwesterly line North 33°36'31" West 7.04 feet to the POINT OF BEGINNING. It is understood that said temporary easement shall extend for a period of eighteen (18) months commencing forty-eight (48) hours after Grantee provides written notification to Grantor of its intent to commence construction. In the event said actual use by Grantee, its authorized agents or contractors extends beyond the prescribed period of time, the Grantee shall pay the Grantor at the same contract rate of $2499.00 per month, prorated to the actual date said use is terminated. All rights acquired herein shall terminate on August 1, 2016 or upon filing Notice of Completion. The bearings and distances shown in the above descriptions are on the California Coordinate System of 1983, Zone 6. Multiply distances in the above description by 1.0000285 to obtain ground distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. 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'A8 SS61 1,1 WO :and t-/£f 'f3'W SaUCV nMkt 10 b 'xl8 942 SO2 I 16-aS dill' 32 amsuaAI2i AJLIO HQISIIHAIU A® LLN1103 .n.a'S M 5 .a 'S Z '.L 61 ,ZS'9 3„1£,9£0££S 642 VNOd00 01 ATTACHMENT 2 RESOLUTION NO.10-009 A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE AND EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, LOCATED IN RIVERSIDE COUNTY, CALIFORNIA, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBER 225-340-016 (CALTRANS PARCEL NOS. 20412-1, 20412-2 AND 20412-3), FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS RELATED TO THE STATE ROUTE 91 HIGH OCCUPANCY VEHICLE LANES FROM ADAMS STREET TO THE STATE ROUTE 60/91/215 INTERCHANGE, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee and easement interests in certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Number 225-340-016 (Caltrans Parcel Nos. 20412-1, 20412-2 and 20412-3), for the State Route 91 High Occupancy Vehicle project from Adams Street to the 60/91/215 Interchange, in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the Califomia Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, April 14, 2010 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and each affected property owner was afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. 16 Section 2. Public Use. The public use for which the fee and easement interests in the property is to be acquired is for the construction and maintenance of improvements related to the State Route 91 High Occupancy Vehicle Lanes, from Adams Street to the 60/91/215 Interchange, in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes Commission to acquire by eminent domain property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal descriptions and plat maps of the real property to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property described in Exhibit "1" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the real properties to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described real properties subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real properties • 17 • • • appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real properties in the name of and on behalf of Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 14th day of April, 2010. Bob Buster, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 18 Definitions of Legal Rights to be Acquired The following is a list of definitions of legal rights to be acquired by the Riverside County Transportation Company: "Fee," also known as fee simple or fee simple absolute, refers to complete or absolute ownership of the property. "Easement" grants to the Riverside County Transportation Commission ("RCTC") a permanent and perpetual easement together with the right of RCTC, its successors and assigns, to forever maintain, improve, alter, relocate, inspect, occupy and use for the access to the maintenance easement, as determined necessary. Property owners shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant any tree or trees or plant any other vegetation or flora on any portion of the easement except at the written consent of RCTC, its successors and assigns. RCTC shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time determined in its sole discretion without payment of any additional compensation. No other easement or easements shall be granted on, under or over the easement without obtaining the prior written consent of RCTC, its successors and assigns. The existing ground elevations of the easement shall not be increased or decreased, without obtaining the prior written consent of RCTC, its successors and assigns. "Temporary construction easement ("TCE") refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Prior to termination of this easement, property owners shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, nor shall property owners plant any tree or trees or plant any other vegetation or flora on any portion of the easement except at the written consent of RCTC, its successors and assigns. RCTC shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as plaintiff determines in its sole discretion without payment of any additional compensation to property owners. R V LMPBARNES1757270.1 No other easement or easements shall be granted on, under, or over this easement without obtaining the prior written consent of ROTC, its successors and assigns. The duration of the rights under this easement shall not be for less than 18 months, and will begin on the date construction on the property commences. RCTC shall have an option to extend the temporary construction easement on a month -to -month basis, until construction on the property is completed. R V LITTBARNES1757270.1 08-I iv 91-18.02 (PM) 1 Parcel No. 20412-1 2 For freeway purposes, that portion of the Southeast Quarter of the Southeast Quarter of Section 3 34, Township 2 South, Range 5 West, San Bernardino Meridian, as shown by United States Government 4 Survey, said portion situated in the City of Riverside, County of Riverside, State of California, described 5 as follows: 6 COMMENCING at the northeast comer of Parcel 1 as shown by map on file in Book 43 page 7 43, of Records of Survey, in the Office of the -County Recorder of said county, said corner being a point on 8 the northwesterly right-of-way line of State Route 91, said line described in deed recorded September 14, 9 1956 in Book 1971, page 383, Official Records of said county, said right-of-way being a cove, concave 10 northwesterly, having a radius of 1300.00 feet, a radial line to said comer bears South 73°36' 18" East; 11 thence southwesterly along said right-of-way and along said curve, through a central angle of 14°56'59" 12 a distance of 339.20 feet to the POINT OF BEGINNING; thence continuing along said curve and 13 southwesterly along said right-of-way, through a central angle of 06°38'55", a distance of 150.85 feet; 14 thence continuing along said right-of-way South 37°59'36" West 4.22 feet to the most easterly corner of 15 land describedin deed recorded June 25, 2007 as Document No. 2007-0411272 Official Records of said 16 county; thence along the northerly line of said land North 89°14'32" West 2.84 feet to the beginning of a 17 non -tangent curve, concave northwesterly, having a radius of 2100.50 feet, a radial line to said point 18 bears South 52°14'38" East; thence northeasterly along said curve, through a central angle of 04°16'20", 19 a distance of 156.62 feet to the POINT OF BEGINNING. 20 Lands abutting said Freeway shall have no right or easement of access thereto. 21 22 Parcel No. 20412-2 23 A PERMANENT EASEMENT for ingress and egress purposes, being a portion of the Southeast 24 Quarter of the Southeast Quarter of Section 34, Township 2 South, Range 5 West, San Bernardino 25 Meridian, as shown by United States Government Survey, situated in the City of Riverside, County of 26 Riverside, State of Califomia, said easement being a strip of land of various widths described as follows: 27 / / 28 (CONTINUE) Exhibit Page / 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 .16 17 18 19 20 21 22 23 24 25 26 27 28 08-Riv-91-18.02 (PM) Parcel No. 20412-2 (CONTINUED) COMMENCING at the northeast comer of Parcel 1 as shown by map on file in Book 43 page 43, of Records of Survey, in the Office of the County Recorder of said county, said comer being a point on the northwesterly right-of-way line of State Route 91, said line described in deed recorded September 14, 1956 in Book 1971, page 383, Official Records of said county, said right-of-way being a curve concave northwesterly, having a radius of 1300.00 feet,. a radial line to said corner bears South 73°36'18" East; thence southwesterly along said right-of-way and along said curve, through a central angle of 01°10'54", a distance of 26.81 feet to the POINT OF BEGINNING; thence continuing along said curve and southwesterly along said right-of-way, through a central angle of 13°46'05", a distance of 312.39 feet to the beginning of a non -tangent curve, concave northwesterly, having a radius of 2100.50 feet, a radial line to said point bears South 56°30'58" East; thence southwesterly along last mentioned non -tangent curve, through a central angle of 04°16'20", a distance of 156.62 feet to a point on the northerly line of land described in deed recorded June 25, 2007 as Document No. 2007-0411272, Official Records of said county; thence along the northerly line of said land North 89°14'32" West 100.71 feet; thence leaving said northerly line North 00°44' 13" East 120.25 feet; thence South 89°41' 15" West 151.72 feet to a point on the east line of Riverside Avenue (44.00 feet half -width) as described in document recorded Aught 11, 1964, in Book 3373, page 44, Official Records of said county; thence along said east line North 00°45'28" East 25.00 feet; thence North 89°41' 15" East 151.71 feet; thence Course "A" North 00°44' 13" East 199.09 feet; thence Course "B" North 16°02'53" East 95.04 feet to a point on the northerly line of said Parcel 1; thence along said northerly line South 89°55'30" East 257.38 feet; thence South 51°58'40" East 41.71 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM the following described parcel of land: BEGINNING at the intersection of a line parallel and distant 20.00 feet easterly from said Course "A" and a line parallel and distant 20.00 feet southeasterly from said Course "B", said courses described hereinabove; thence along last mentioned parallel line North 16'02'53" East 80.92 feet to a line parallel and distant 16.50 feet southerly from the north line of said Parcel 1 described hereinabove; thence along last mentioned parallel line South 89°55'30" East 226.68 feet; thence South 51°58'40" East (CONTINUE) Exhibit 23 I Page 2- 08-Riv-91-18.02 (PM) l Parcel No. 20412-2 (CONTINUED) 2 35.71 feet; thence South 22°58'55" West 119.68 feet; thence South 27°41'44" West 215.93 feet; thence 3 South 42°19'38" West 100.92 feet; thence North 89°14'32" West 66.26 feet to line parallel and distant 4 20.00 feet easterly from the southerly prolongation of said Course "A'; thence along last mentioned 5 parallel line North 00°44'13" East 319.66 feet to the POINT OF BEGINNING. 6 / 7 Parcel No. 20412-3 8 A temporary EASEMENT for construction purposes being a portion of the Southeast Quarter of 9 the Southeast Quarter of Section 34, Township 2 South, Range 5 West, San Bernardino Meridian, as 10 shown by United States Government Survey, situated in the City of Riverside, County of Riverside, State 11 of California, said easement being a strip of land of various widths described as follows: 12 COMMENCING at the northeast corner of Parcel 1 as shown by map on file in Book 43, page 13 43 of Records of Survey, in the Office of the County Recorder of said county, said corner being a point on 14 the northwesterly right-of-way line of State Route 91, said line described in deed recorded September 14, 15 1956 in Book 1971, page 383, Official Records of said county, said right-of-way being a curve concave 16 northwesterly, having a radius of 1300.00 feet, a radial line to said comer bears South 73°36'18" East; 17 thence southwesterly along said right-of-way and along said curve, through a central angle of 01 °10'54", 18 a distance of 26.81 feet to the POINT OF BEGINNING; thence continuing along said curve and 19 southwesterly along said right-of-way, through a central angle of 13°46'05", a distance of 312.39 feet to 20 the beginning of a non -tangent curve, concave northwesterly, having a radius of 2100.50 feet, a radial 21 line to said point bears South 56°30'58" East; thence southwesterly along last mentioned non -tangent 22 curve, through a central angle of 04°I6'20", a distance of 156.62 feet to a point on the northerly line 23 of land described in deed recorded June 25, 2007 as Document No. 2007-0411272, Official Records of 24 said county; thence along the northerly line of said land North 89°14'32" West 100.71 feet; thence 25 leaving said northerly line North 00'44'13" East 12025 feet; thence South 89°41'15" West 151.72 feet 26 to a point on the east line of Riverside Avenue (44.00 feet half -width) as described in document recorded 27 August 11, 1964, in Book 3373, page 44, Official Records of said county; thence along said east line 28 (CONTINUE) Exhibit _ _ _ . Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 08-Riv-91-18.02 (PM) Parcel No. 20412-3 (CONTINUED) North 00°45'28" East 25.00 feet; thence North 89°41'15" East 151.71 feet; thence Course "A" North 00°44' 13" East 199.09 feet; thence Course "B" North 16°02'53" East 95.04 feet to a point on the northerly line of said Parcel 1; thence along said northerly line South 89°55'30" East 257.38 feet; thence South 51 °58'40" East 41.71 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM the following described parcel of land: BEGINNING at the intersection of a line parallel and distant 20.00 .feet easterly from said Course "A" and a line parallel and distant 20.00 feet southeasterly from said Course "B", said courses described hereinabove; thence along last mentioned parallel line North 16°02'53" East 80.92 feet to a line parallel and distant 16.50 feet southerly from the north line of said Parcel 1 described'hereinabove; thence along last mentioned parallel line South 89°55'30" East 226.68 feet; thence South 51.'58'40" East 35.71 feet; thence South 22°58'55" West 119.68 feet; thence South 27°41'44" West 215.93 feet; thence South 42°19'38" West 100.92 feet; thence North 89°14'32" West 66.26 feet to line parallel and distant 20.00 feet easterly from the southerly prolongation of said Course "A"; thence along last mentioned parallel line North 00°44' 13" East 319.66 feet to the POINT OF BEGINNING. The bearings and distances shown in the above descriptions are on the California Coordinate System of 1983, Zone 6. Multiply distances in the above description by 1.0000285 to obtain ground distances. It is understood that said temporary easement shall extend for a period of eighteen (18) months commencing forty-eight (48) hours after Grantee provides written notification to Grantor of its intent to commence construction. In the event said actual use by Grantee, its authorized agents or contractors extends beyond the prescribed period of time, the Grantee shall pay the Grantor at the same contract rate of $925.00 per month, prorated to the actual date said use is terminated. All rights acquired herein shall terminate on August 1, 2016 or upon filing Notice of Completion. / I (CONTINUE) Exhibitz5 .Page `f 08-Riv-91-18.02 (PM) 1 (CONTINUED) 2 This real property description has been prepared by me, or under my direction, in conformance with the 3 Professional Land S 4 Signature: Land Surveyor 5 Date: February 24, 2 0 6 / 7 / 8 / / / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / 27 / 28 / Exhibit -76 rage 5 x S133RS lrtal '01f 151112 2021 M 13312 is WOO n1a 41117103 SO 1.7211210 31YOS O1 10N Ai V II IlifIHX3 A.LISS333N 30 NOIZII7OSall AVAA. 30 .LH9I1I NO11r12ol242111 a0 3302um aPx 23��� 020INo>v1 VD27011110 /0 MIS NO1700 O1 Is-ca d'It 3 a ice_..__._ Yi � -, '" <. lop, 0"'"2 4j\ (333) -ZLtioZ 1301:1nd Y 21300HVN .3 mat s..•.I.,ee„ x 6bY,uas 3 Ja • W � 021j WF /•3 i 20 a00YW N 2I%ON s}udo re •M'1/330 •f! Je tHwc3fltp M 4W5 Wl t310N a en ('3Sd3 •1SN00 'd1131) E-ZLfPOZ 13O1:Idd r3Sd3 SS3H03 SS380NI) Z'-Z1.170Z 13O1111d WEIPIHAI2I d(e) LLD 21OISHHAIII d10 AINI103 'IS Nosa33i3r •is 110a130 7' i ►140t(00 01 '3AI rMt,O • • • SL33NS WW1 CHUMS RdMKS WON L'VLSI° 31V0S 01 ION �1g11 zisr$x� Azissaaax .to xounzosaa AVM AO mom NOLLY.LEOANVILAO 7N WZ6Va5O AONIOV ONISOOHawYNouvmozoNva $SNlO90Q V)NNOMVDSONIVIS IN) 3,.91,9£„£LS (£-Z160Z '10d) (Z-2160Z "10d) (t-Z160Z "10d) '0„0'd Z 101 (N) 30Z,SZ.ZLS .1,5,01 10=0 ,t9g9Zal No1103 01 £ z (f-Z1602 • 13d) (Z-Z160Z • 10d) '8'0'd ,or6E£sl I 'dm EAU M MAP AP Jo air ~suasa lieV4 �o a ufestfo] Ja 44S Wt :mod • WE'S .A. 9 11 21021ISIMAIII LLN11100 H0IS2121AIII J0 X.LI3 L'Z (1-Z160Z '10d) 'WO SU •Dd %L6l 119 „61.0.d Mt •6t 'd3S :0,03)1 (11) LOS,Of„MSS ,00'00E taN' tool •. OAP IA' _ r�� ` „£7617tE ZOrtb.12Sma _ _ _ 1:�" ��'0S'00Z tLZ OLZ i - } 16-kIS ail (33d) L-ZLtiOt „ON 1301:11fd 693 ra 1� N„9E,65.1£S Looz •sz •tinr t0.033 00.00£Lp} '�•b 'WO ZLZl LSO-L002 4.'000 6S,O£_90=7 N.2C,101.„69N ,b9 Z Z-ZLPOZ „ON 130abd `°oy . ('3Sb3 „1SN00 'd4131) E-ZLVOZ „ON 13011dd \.•' Efr/Efr " S' W \ \ �� v WI. 3S ` WI 3S 80d PI o' l '21dd - is �7T Commission is Requested to Make the Following Findings a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owner. State Route 91 High Occupancy Vehicle Lane Project Map V AveT'T Darr Park',. h hva SR-60/ 1-215;�; Interchange source St iasaar uoaaaAre � 4-- rh st un�vafaiey nva -`_ 0 .. �.. Ur�fiverIgr Cos Caiifamla § 1 to LaMar King Location of William R. Austin Property Project Limits William R. Austin APN 225-340-016 (CPN 20412) William R. Austin Subject Property Fee Take — CPN 20412-1 Sq. Ft Required: 268 TCE & ING/EGR Ease. CPN 20412-2 & 3 Sq. Ft Required: 2209 Riverside Ave. 4 _ 3-19 Ground View of William R. Austin Property from Riverside Ave. Subject Property Fee Take — CPN 20412-1 Sq. Ft Required: 268 TCE & ING/EGR Ease. CPN 20412-2 & 3 Sq. Ft Required: 2209 New Freeway Boundary The Real Property Interests to be Acquired are Necessary for the Project State Route 91 High Occupancy Vehicle Lane Project Map i'mow �r (,i�^�,,�,..•,. .(., _�OJ� RIRW 4D Location of a� cams Dr� r y Golden State t Mortgage Car�4nwA+re.:'ux d ' L� w: s Property ek SR-60/ 1-215 Interchange Adams St. IITornia,. ; Baplfal, voila Ayb..- z Park=rrz' Golden State Mortgage APN 229-062-012 (CPN 20402) Golden State Mortgage Subject Property suagn Fee Take — CPN 20402-1 Sq. Ft Required: 2864 mum TCE Take — CPN 20402-2 Sq. Ft Required: 2209 round view o Golden State Mortgage Property from Indiana Ave. Golden State Mort•a.e Property In Question Fee Take — CPN 20402-1 Sq. Ft Required: 2864 TCE Take — CPN 20402-2 Sq. Ft Required: 2209 New Freeway Boundary The Real Property Interests to be Acquired are Necessary for the Project Staff Recommends that the Commission Adopt a Resolution of Necessity Based on the Following Findings: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owner. • RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: April 14, 2010 TO: Riverside County Transportation Commission FROM: Edda Rosso, Capital Projects Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Public Hearing - Perris Valley Line Environmental Impact Report STAFF RECOMMENDATION: This item is for the Commission to hold a public hearing to receive public comments on the Perris Valley Line (PVL) draft environmental impact report (EIR). SUMMARY: The draft EIR for the proposed PVL project is now ready for review. The document examines the PVL's environmental impacts including air quality; biological resources such as plant life, wildlife, and their habitat; community impacts such as existing land uses, housing, employment, and population conditions; cultural resources; floodplains; geology and soils; hazardous waste sites; noise; public services and utilities; parks, recreation areas, and wildlife and waterfowl refuges; local traffic conditions; visual character of the project area; and water resources. It describes the proposed project, potential impacts, and proposed avoidance, minimization and/or mitigation measures for each of these impacts. In compliance with the California Environmental Quality Act (CEQA), the results of the various engineering and environmental studies for the PVL project are documented in an EIR that is circulated for review and comment to the general public and public agencies. The review and comment period of 45 days, required under CEQA, will close on May 24, 2010. In addition to the public hearing held on April 14, a second public hearing will be held in the city of Perris on Thursday, April 22 at 6:00 p.m. Action from the Commission will not be requested on April 14, 2010. The comments received at the public hearings will become part of the public record and will be addressed in the final EIR. Public Outreach Efforts The availability of the draft EIR for public review and the public hearings has been advertised in area newspapers. The draft document is available for review at five public locations including: the Commission office and public libraries in Moreno Valley, Perris, Riverside, and Woodcrest. The document can also be Agenda Item 7 30 viewed on-line at the project website at www.perrisvalleyline.info. Additionally, a newsletter was prepared and mailed to all residents, property owners, and businesses within 500 feet of either side of the line with information on the various meetings, opportunity for comment, and availability of the document for viewing. Interested parties were also notified of this information via email. Next Steps Upon closure of the public comment period on May 24, 2010, all comments received from the public and agency stakeholders will be compiled, evaluated, and responses developed for incorporation into the final EIR. Under CEQA, the EIR and the responses to comments will be presented to the Commission for review and approval. At that time, the Commission will need to consider the certification of the EIR. A notice of determination will be filed with the County Clerk within five days of Commission approval. This initiates a 30-day challenge period under CEQA. Agenda Item 7 • 31 Perris Valley Line Hearing for Draft EIR April 14, 2010 Why are we here? • Environmental Studies — Draft EIR released for public review April 5th • Public Comment Period —April 5th to May 24th • Hearings —April 14th and April 22nd for public oral comment Perris Valley Line • What is PVL? • What Now and What's Next ? Perris Valley Line Studies include: • Aesthetics • Agricultural Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Hazardous Materials • Hydrology & Water Quality • Land Use & Planning • Noise • Population & Housing • Public Services and Utilities • Recreation • Transportation/Traffic • 45 day Public and Agency review and comment period opened April 5th and closes May 24th • Hearings to receive testimony from public held on April 14th and April 22nd • written comments on the EIR will be accepted until May 24th • Review and consideration of public comments • Prepare final EIR • Request Commission action to certify the Final EIR and project approval (December 2010) PVL Schedule • Begin Project Development per FTA •Begin NEPA SEA /CEQA EIR • Begin Adv. Preliminary Engineering • Complete NEPA/CEQA •Complete Final Design • Release RFQ for CM Contract • Receive PCGA •Begin Construction •Complete Construction • Service Begins Perris Valley Line Written comments can be sent to: Edda E. Rosso, P.E. RCTC P.O. Box 12008 Riverside, CA 92502-2208 www.perrisvalleyline.info Draft E/R can be viewed at: • RCTC • Riverside Main Library • Moreno Valley Public Library • Perris Branch Library • Woodcrest Library • www.perrisvalleyline.info 3000 dIZ A110 133111S :SS31:1031/ SS3N1Sn8 410119 / NOIIVZINV0110 / A0N30V 30 3INVN 3 ./� _ L k ON 3N0Hd 71 diV ;7, Ayls if? 7-4a1DI,Ni �,ivalf»h' :BNI1N3S3ad3a 3000 dIZ iS A110 V 133e1S ='ON 3NOHd v z-,77-7f{j1 S1dYlad y X ivy -Ids N J :W311 VaN39V d0 l33I 8f1S U :SS3L100V :3WVN 1VON39V 3H1 NO 031SI1 SV) :'ON W311 VCIN39V �v/72 PLC, :S1N31A11/1100 011811d Pi :SIN3WINOD 0118f1d d0 103P811S dl H03H0 :31VCI 0101011 3H1 40 Ill1310 3141 01 _MAIMS ONV H311130 3000 dIZ A113 OS l /�/1D) orl �D Is}r,\`l �S--AWTe2f'� Q 1 j :SS3HOCIV Ss3NISna J (' ` J I �1 dOOHD / NOI1VZINV9110 / A3N3OV dO+,t3,WtlN 147 15b ='ON 3N0Hd 3003 dIZ �b6 -££ b a ON 3N0Hd 133111S :9NI1N3S311d311 133a1S rzs\poi\ T /Y\ S \ =1N311 VaN39V / AO103rans :SS3a00V :3Wb'N (VON3OV 3H1 NO 0319I1 SVI rON N1311 V0111301/ -S1N3WW00 011and O :S1N3WW00 01130d 30 103ranS 31 NO3HO Q/ ` - 1j :311/0 n31HMa mg/ aA latnin 3H1 n111W9nn dNtf HO�1130 3000 dIZ A110 1331:11S 3000 dIZ =SS3aaCIV SS3NIsn8 df10liO / NOIIVZINV9110 / A3N3OV AO 3WtlN "ON 3N0Hd :DNI1N3S311d3l1 IWO 133a1S r%71",d_ P7549_, �� ?/�78'/31._Z %o Ice- =ss3aaav -re9 6'5ed" --6d� :"ON 3N0Hd Tz7 f :1N311VCIN3DV 30 103P8f1S P(a/. _7.y/e.f./ :31NVN (VON3DV Mil NO 031SI1 Stl) LJ :'ON IN311 VON391/ 7//"'/YoZ1_/.e/ :S1N31AIW00 3118fld O :S1N3WW00 °nand 30 103f 8f1S 31 NO3HO 9 /Oe :31t/a CIMV09 31-11 40 1114313 31-11 0111INEMS aMd Hovim 3003 dIZ A110 133lLLS 3N0Hd 3000 dIZ A113 :SS3HOOV SS3NISn3 d110110 / NOIIHZINvoli / A0N3OV JO 3WtlN 'USS� 1Qai A°9 Y�I a I ( ) :ONI1N3S3lld31:1 133a1S L 2s7}Q c,TD 7) So w, •,Sl •SS3a001f ,8g L�� :'ON 3N0Hd ��/} (ll v�� 'yt I�C'-�(1 y� :31AIb'N :W311 VCIN3OV (VON39V 3H1 NO O31SI1 SV) 30 103f8f1S ='ON IN3111/0N3Dli W 4 71141J )3 < :S1N3WW00 onand lj:1 =S1N3WW00 °nand 30103fans JI NO3HO HH09 3411 30 111131n 3H1 01111Al90S cum 113V130 :311/0 3000 dIZ A110 133a1S :SS31:10CIV SS3NISOB anottJ / NOIIVZINVDaO / A3N3OV 30 31AVN 441, ,)9b-*ON 3N0Hd CYS'W Ct.27}I X23 4g4).1,11 J,�)c�,/igt() J LAyj :9NI1N3S3Hd3a 31300 dIZ A110 133a1S Los? 7'ON 3NOHd ✓) lvY VIL(w14/ pia YJ :SS31100V =3Wt/N AM 1Ar �� =W31Hl 1 VCIN39V IVON3OV 3NO 1331SI1 SV) 30 103P8f1S :'ON IN311 VON39V �G :S1N3WWO3 31113Od O :S1N3WWO3 31180d 30 103rans Al N33H3 Q _ _171 _ a-i :31VO OHNIOS1 1141 30 1111313 3H1 01 limns ONV HOVI30 3000 dIZ A110 133111S =SS3aa011 SS3NIS013 d00110 / NO11 ZINVOl10 / A3N30V dO 31NVN ON3N0Hd t)i•,77 11/1 :ONI1N3S311d311 3000 dIZ A113 133111S e r? y 4F1 9 nee, _is, - 154 ON 31110Hd )n d ) 5'^,'°9 5 17 :UU311 `dON3O`d iO 103rans •SS3a0C1V :31AIVN (VON3OV NU NO 031SI1 SIN :'ON N1311 VON39V =S1N3WWO3 onand o :S1N3WW00 onand 30 103ranS 31 )1O3HO :31VG nsiwnfl )111a•77 MU I n 1 nNH um/ 1 an 31300 dIZ A110 133111S :SS311OOt/ SS3NISUEI dnoun / NOII1/ZINV9110 / A0N39V 30 31NVN ON 3N0Hd :ONI1N3S3Hd38 31300 dIZ A113 •'ON 3NOHd 133111S 44/1A.-)VM BSI Zl :SS3HOOd -"E1/4 :W311 VCIN391/ d0 loaf ans :3INVN (VON39V 3H1 NO 0319I1 TO :'ON IN311 VON3OV M I--444f2�� � may, Anfi •S1N3WWOo onand O :S1N3WW00 onand V 1 30 loaf ans JI N33113 :3111O (MVOS 3H1 30 NFH373 3H1 01 limns ONV H3V130 HIGHGROVE METROLINK STATION NEEDED r; Written support is needed for a regional Metrolink station in 6.w, N Highgrove. Please visit www.highgrovehappenings.net and . .click on Metrolink,"Wrong Track" on the map, and the other icons left of the map. Highgrove already has commuter trains 7 days a week and is only Yi mile from the red X where 4 there are no commuter trains. R.A."Barney"Barnett E-mail: highgrovenews@roadrunner.com (951) 683 4994 ..ter. irk' _ _ 1 .t al rr ...,i" } ,q-= i g f etr Wetv04"sedu t Commun.*, trnm• P Dnya .. *nook Environmental Impact Report Attachment From: R. A. "Barney" Barnett, Highgrove April 14, 2010 Table of Contents: RCTC's Opposition to Highgrove Metrolink (1 page) Aug. 16, 2004 to Jan. 25, 2010 Highgrove Metrolink Station Proposal (Yellow folder) Aug. 16, 2004 Yellow folder Contents: CSA 126 Resolution 11-27-2001 City of Grand Terrace Resolution 12-13-2001 Highgrove Pac Petition 1-8-2002 City of Loma Linda 1-24-2002 Highgrove Metrolink comments over the last eight years (5 pages) 1-14-2010 Wrong Track -Wrong Location Article (3 pages + map) 3-21-2010 Support letter from Northside Improvement Association 1-19-2010 Support letter from University Neighborhood Association 10-21-2005 " " " " " " (updated) 11-17-2009 City Resolution from City of Grand Terrace 12-13-2001 Support letter from City of Grand Terrace (updated) 12-29-2009 Inland Empire -Orange County Line 62 Passenger trains pass through Highgrove each week but do not stop due to no station platform. (1 page) 1-4-2008 (updated) 3-23-2010 INTENTIONAL DELETION OR HONEST MISTAKE! 4-14-2010 gmAug. 16, 2004 July 15, 2006 Sept. 15, 2006 Oct. 11, 2006 Nov. 8, 2006 Nov. 9, 2006 Nov. 28, 2006 Jan 10.2007 Jan. 18, 2007 w April 4, 2007 nolinApri15, 2007 April 8, 2009 April 27, 2009 May 29, 2009 June 3, 2009 June 22, 2009 Oct. 14, 2009 Jan. 25, 2010 RCTC's Opposition To Highgrove Metrolink Eric Haley: Withheld Barnett packets from Commissioners for 14 months Permanent weekend trains added to make 7 days per week Perris Valley Line Workshop held in La Quinta, Ca. Eric Haley: "Too close to county line" "Land banking" "Residents of San Bernardino County would be using station" "75% of riders will be from San Bernardino County" Was instructed to arrange tour of Highgrove Cost of Colton Flyover added to Highgrove Station 9 speakers spoke in favor of Highgrove Station at RCTC Melanie Zimmerman ask for commissioners to visit Highgrove via Small bus and Denis Kidd ask to invite `Barney". Melanie Zimmermann requested Barnett be present at future RCTC/SANBAG meetings. Eric Haley: Scheduled Hi -rail vehicle tour of Highgrove on same day as Board of Supervisors meeting and 2 Hi -Rail cars did not stop at Highgrove. The hand-out was dated 8 days into the future (Jan. 18, 2007) that showed that SANBAG opposed Highgrove 8 days before their actual meeting. SANBAG report was exact wording from RCTC meeting on Jan. 10, 2007 (8 days earlier) Read by Mike Baer of SANBAG SANBAG decides to wait on results of SCAG study of Highgrove Eric Haley: Went to Los Angeles and stopped SCAG study (Recording available) Barnett to Congressman Calvert's office in Riverside -no contact Invited to RCTC meeting and given 13 reasons why Highgrove location would be denied. Not allowed to show our CD at meeting. Letter from RCTC Chairman, Bob MaGee denying Highgrove Metrolink Station. Letter from Ann Mayer to Congressman Ken Calvert that RCTC would not build a station at Highgrove. Letter from Deborah Barmack (SANBAG) to Bea Cortes (Grand Terrace SANBAG Rep.) about denying Highgrove Station. Letter from Supervisor Ashley about RCTC denying Highgrove For the last decade asking for special Ad Hoc meeting with RCTC. Special Ad Hoc meeting held by RCTC, `Barney", Ardie, Bill Addington (Retired Civil Engineer) 1. WHEREAS, Highgrove needs a Metrolink Station Stop �. EREAS, Highgrove is already a railroad junction point connected to the BNSP Main line j. `PF' IdERE'AS, a railroad signal bridge is already functional to allow trains to enter or depart hum the San Jacinto Industrial Spur onto the 1314Sr nhilroad that already has Metrolink service 4. WHEREAS, the truck and right of way are already owned by the Riverside County Transportation Commission between Sun Jacinto and Highgrove 5. W ILEREAS, the distance of the existing track between Marlborough Ave. and Highgrove is only one and O11e half miles of straight track b' WI -if EREA.S, track upgrading would be more economical to go from Marlborough Ave. to Highgrove rather than froth Marlborough onto the SP/UP Railroad and then to Riverside i' 1N ffiEREAS, the Riverside County Transportation Commission would have to purchase the SP UP track instead of using truck they already own x. W I EREAS, the SP/UP'track is also in need of upgrading and has many more curves than going straight to Highgrove 9. WHEREAS, Metrolink trains coming into Highgrove could proceed eastward to Sat Bernardino without going into Riverside 10. Wit the San Bernardino Metrolink Station currently has commuter service into the greater Los Angeles area 11. `I I1EREAS, westward trains could also proceed from Highgrove into Riverside and points beyond 1 WIIERI=AS. the San Bernardino and Riverside Metrolink parking lots the near capacity 13. WHEREAS. Highgrove is approximately halfway between San Bernardino and Riverside 14. WIYE REA.S, vacant land adjacent to the track is already owned by the Riverside County Transportation Commission and could be used for perking at Highgrove 15. IV II EREAS, a Metrolink stop in Highgrove would also be the closest access for commuters f OQ7 Grand Terrace, Loma Linda and the 1520 new homes to be constructed in Pigeon pass plus other proposed residential development Jt IIEL E>h OJRJE, let it be know that for the above reasons the Riverside County Service Area 126 (Higltgrove) Advisory Board reconunends that the Riverside County Transportation Commission grant a Metrolink Station stop at Highgrove when planning for future track upgrading for Metrolink service on tlhe San Jacinto industrial Spur %14. Teri Denis Kidd Linda a p d CSA 126 CSA 126 CSA 126 0. TN 1 5 jj.; 1 fo Hernandd CSA 126 RAPED NOYEMit ER 27, 200I ,F` RA. Barnett CSA 126 RESOLUTION NO. 2001- 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION GRANT A METROLINK STATION STOP AT HIGHGROVE WHEREAS, Highgrove needs a Metrolink Station Stop; and WHEREAS, Highgrove is already a.railroad junction point connected to the BNSr Main line; and WHEREAS, a railroad signal bridge is already functional to allow trains to enter or depart from the San Jacinto Industrial Spur onto the 6NSF railroad that already has Metrolink service; and WHEREAS, the track and right of way -are already owned by the Riverside County Transportation Commission between SanJacinto and Highgrove; and WHEREAS, the distance of the existing track between Marlborough Ave. and Highgrove is only one and one half miles of straight track; and WHEREAS, track upgrading would be more ,economicat to go from Marlborough Ave. to Highgrove rather than from Marlborough onto the SP/UP Railroad and then to Riverside; and WHEREAS, the Riverside County Transportation COM-Mission woufd.'have to purchase the SP/UP track instead of using track they already own; and WHEREAS, the SP/UP track is also in need of upgrading and has many more curves than going straight to Highgrove; and WHEREAS, Metrolink trains coming into Highgrove could proceed eastward to San Bernardino without going into Riverside; and WHEREAS, the San Bernardino Metrolink Station currently has commuter service into the greater Los Angeles area; and WHEREAS, westward trains could also proceed from Highgrove into Riverside and points beyond; and WHEREAS, the San Bernardino and Riverside Metrolink parking lots are near capacity; and WHEREAS, Highgrove is approximately half way between San Bernardino and Riverside; and WHEREAS, vacant land adjacent to the track is already owned by the Riverside County Transportation Commission and could be used for parking at Highgrove; and WHEREAS, a Metrolink stop in Highgrove would also be the closest access for commuters from Grand Terrace, Loma Linda and the 1520 new homes to be constructed in Pigeon pass plus other proposed residential development; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace, does hereby recommend that the Riverside County Transportation Commission grant a Metrolink Station stop at Highgrove when planning for future track upgrading for Metrolink service on the San Jacinto Industrial Spur. PASSED, APPROVED AND ADOPTED this 13'h day of December, 2001. . Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of and Terrace I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No, 2001- 28 was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 13"day of December, 2001, by the following vote: AYES: Counciimembera alkey, Larkin and Ferre; Mayor Pro Tem Garcia and Mayor Buchanan NOES: None ABSENT: None ABSTAIN: Noue Approved a . to form: City Attorney 2 ./ti",.?'GA Brenda Stanfill, City ClerV PETITION The Paojeat Merl COmmittee (P.A.C.1 60A the kedeveZupment of the H.L9hgauve eked.. heiteby Aubm.U4 thit eeeommendation that a detnotink .6tation atop be .bngemehted at 14.4g/tout when the tkack4 akE upghaded 60A comiatee ZOtti.i.Ce. on the San Jacinto brunch. the PAC hetieveel the. Metkotink .stop in Highgnove. is neceAsany to voune ade_quote turt4poittut.clon tci acconnodau tfutaae.poath cuLthin. dare aedevetOpMetit bOandak2e4 that paezent4 l6 tanning dare idAme4 aLtaub giLavea int.0 4e..6-Zden.Uat and indw.stkiat phopentiea. .A. EaAnett ly ante Z nann — _ Jim Van.ccezon Kidd Adam Oudaz Beatici.ce Etchidon 40212.411W-4— Po4..maity WehunA City Of Loma Linda 25541 Barton Road, Loma Linda, California 92354-3160 • (909) 799-2800 • FAX (909) 799-2890 Sister City — Manipal, Karnataka, India January 24, 2002 R. A. Barnett, Chairman Highgrove Area Redevelopment 474 Prospect Avenue Highgrove, CA 92507 Dear Mr. Barnett: Subject: Metrolunk Station Stop In Highgrove This is to advise that the City Council, at the regular meeting of January 22, unanimously supported your efforts and the Riverside County Service Area 126 Advisory Board's recommendation to the Riverside County Transportation Commission to site a Metrolink station stop in Highgrove. Councilman Christman serves as president of the SANBAG Board and noted that Board's interest in a station stop in Highgrove. Please keep us apprised of the status of the project. Sincerely, )4a:-.,�.�. Pamela Byrnes-O'Camb City Clerk Recycled paper Highgrove Metrolink comments over the last eight years! Please look at the dates of the following statements: Excerpts prepared Jan. 14, 2010 (Not in sequence) Ann Mayer, current Executive Director RCTC: (Press Enterprise, Feb. 15, 2009) "We have to put stops where they will serve the most people". Marion Ashley, Riverside County Supervisor: (Letter, Oct.14, 2009) "Over the course of more than a decade, the Riverside County Transportation Commission has considered and repeatedly rejected the request of Highgrove residents for Metrolink service." Bob Buster, Riverside County Supervisor: (Statement Oct. 11, 2006) "Highgrove is at the fulcrum, the pivot point of transportation between the 2 counties. You can not ignore the geographic reality that both the freeway and major rail lines and there is available land that will soon be snapped up for other uses. This is a key sight for the future of the Inland Empire Bob Buster, Riverside County Supervisor: (Letter July 17, 2006) "Highgrove is the right place for a regional, intermodal station, at the junction of the main lines and the 215 freeway. Highgrove still has ample land and the community and Grand Terrace want the station". Mary Crayton, RCTC Commissioner from Canyon Lake: (RCTC meeting Feb. 11, 2009) Stated that she "was not satisfied why Highgrove has not been considered and that they never went to Highgrove to look at the property". She stated: "they should consider the property in Highgrove". Roger Berg, RCTC Commissioner from Beaumont: (RCTC meeting Feb. 11, 2009) "The Highgrove station may have some merit, more parking is 'needed and gridlock will only get worse". James Potts, RCTC Commissioner from San Jacinto: (RCTC meeting Feb. 11, 2009) "It is the right project for the right time and it would open up other areas where seniors could go instead ofjust driving locally". Robin Low, RCTC Commissioner from Hemet: (RCTC meeting Feb. 11, 2009) "Recognized the amount of work that has been done on this project and said they need to revisit this idea". Jeff Stone, Riverside County'Supervisor: (RCTC meeting Feb. 11, 2009) Was sympathetic to the concerns of those living near the track and said that the 1-21 S is reaching capacity and that people need to get out of their cars, onto the tracks and to their destinations. (Eight years later) City of Grand Terrace: (Letter Dec. 29.2009) "The City of Grand Terrace continues to believe that a Metrolink stop in Highgrove would benefit the city and its residents". Tony Petta, First Mayor of Grand Terrace 1978: (Letter June 23, 2006) "I encourage you and your staff to seriously consider building a Metrolink Station in Highgrove". Tony Petta, Retired Grand Terrace Mayor: (Public comments Dec. 11, 2009) "It's absolutely favorable to our community" Hugh J. Grant: Former Chairman San Bernardino L. A. F. C. O., Former S. A. N. B. A. G. and Omnitrans Boards: (Letter June 21, 2006) "I have become aware of the important need to situate a Metrolink stop in our neighboring community of Highgrove, in Riverside County. Due to the fact that the nearest stops at this time are in San Bernardino and Riverside, servicing the transportation needs for the large population in between, with valid predictions of sizable increases in the near future, seem to me to be self- evident". Southern California Association of Governments (S. C. A. G.): (Aug. 30, 2007) "In the latest State of the Region Report, Southern California received an "F" for transportation mobility. The region has been the most congested in the country for the past two decades". JoAnn Johnson Manager Grand Terrace Senior Center: (Letter Feb. 23, 2009) "I strongly support a Metrolink Station in Highgrove and I know that many others in Grand Terrace do also". William A. Shopoff, The Shopoff Group: (letter Feb. 23, 2009) "Since Highgrove is a natural railroad junction point where two railroad lines meet between Riverside and San Bernardino, a commuter train stop in Highgrove would benefit the entire region. This location is only ''/_• mile east of the congested I-215 Freeway that has exits at Center Street. It is also only about one mile northeast of the new S381 million dollar 60/91/215 interchange that was just completed, and about 3 miles south of the I-215/I--10 interchange. Both major interchanges are between Riverside and San Bernardino and the Highgrove location is also between Riverside and San Bernardino". Anthony Mize, Builder: (Letter Feb. 24, 2009) "It is our opinion that the junction point of the Metrolink train traffic between the City of Riverside and the City of San Bernardino and the Perris Valley Line is a very logical location for a new station. In this day of "NIMBY" on just about everything, it would seem to us that if a community wants to work together to revitalize itself by embracing something like this then RCTC should give it careful, thoughtful consideration" . Kirk Wallace, Builder: (Letter Oct. 21, 2009) "We, feel this station would be very beneficial to the community not only because of the established residents but with the future development that will impact the area of Highgrove". Bobbie Kay Forbes, Terra Loma Real Estate: (Letter Feb. 25, 2009) "As a local Realtor I believe the area would benefit having a Metrolink Station in Highgrove. There are many people in our community that use the Metrolink a few times a week to get to LA for work When I am showing property to people from out of the area they will ask about the location of Metrolink stations. And as more people in the area are financially stressed by the economy and the price of commuting they will be more encouraged to use Metrolink if it is closer to home". Byron Matteson 14 year Mayor of Grand Terrace: (Letter June 23, 2006) "I think the commuter trains will gain even more popularity in the near future as our area continues to experience rapid growth and our freeway systems become more and more congested. Proper planning is essential in being able to handle these future transportation needs and I hope the new Highgrove Station will be approved soon, to help alleviate some of these ongoing traffic problems". Highgrove CSA 126 Resolution: (Nov. 27, 2001) "Highgrove community adopted a 15 point resolution outlining the benefits of a Metrolink station stop in Highgrove". Highgrove Project Area Committee: (Petition Jan. 8, 2002) "The Project Area Committee (P. A. C.), for the redevelopment of the Highgrove area, hereby submits this recommendation that a Metrolink Station stop be implemented at Highgrove when the tracks are upgraded for commuter service on the San Jacinto branch". Robert and Nancy Rice, Retired Highgrove residents: (Letter Feb. 20, 2009) "We are in our Seventies, and don't like to drive very far. With a station near home, we could go, go, go, and not have to worry about traffic". George Saunders, commuter from Grand Terrace to Orange County for 7 years: (Letter Feb. 20, 2009. "With the ever expanding usage of the train it has become increasingly difficult to get to, and to find parking at Downtown Riverside station. An additional stop on the route between Riverside and San Bernardino would be helpful". William H. Addington, Civil Engineer since 1975-Retired: (Public comments Dec.11, 2009) it is really important to Grand Terrace, Loma Linda and Highgrove to have a station. The opportunity is there now and if passed by, it won't be available. The site is well located and the problems could be mitigated with good engineering. This is the time to act!" We also have additional letters of support from: Terry and Lori Carlstrom, G. T. 2-23-2009 James Lasby, Highland 2-20-2009 Ron and Cynthia Cruz, Highgrove 2-26-2009 Melanie Zimmermann, Highgrove 2-23-2009 Barbara McCoy, Highgrove 2-23-1009 Ardie Barnett, Highgrove 2-26-2009 Ron and Geri Barnett, G. T. The above information does not include residents who have signed the circulated petition for a Highgrove station nor does it include names of those who signed the on-line petition on the web site: ww—w.highgrovehappenings.net Our requests consist of 3 items: 1. Build a Metrolink station stop next to the BNSF main line at Highgrove. 2. Build the Highgrove station first. 3. Name the station "Highgrove". WRONG TRACK - WRONG LOCATION! Transportation agency ignores existing commuter rail destinations! By R. A. "Barney" Barnett March 1, 2010 For the last 8 years the agency responsible for making transportation decisions in our area continues to completely ignore the requests from the people in the region when it comes to commuter rail station locations and destinations. On Jan. 25, 2010, the Riverside County Transportation Commission Ad Hoc committee rejected our requests to build a Metrolink station right next to the track where commuter trains pass by 7 days a week between San Bernardino and Riverside. Instead, RCTC wants to build a station only % mile away, right next to a track where there no commuter trains at all! Does this seem logical? Is this really true? Track layout: At Highgrove just south of Main St. at the San Bernardino/Riverside County line, the tracks split. One track goes toward Perris and the other 3 tracks go toward Riverside. This split results in 19 acres of pie shaped vacant land between these 2 different railroads. The Perris Valley Line track is on the east side of the 19 acres and the 3 BNSF tracks are on the west side. RCTC wants to establish new commuter train service between Riverside and Perris but they need a U shaped curved track to reverse their northward direction from Riverside to Highgrove, to a southward direction from Highgrove to Perris. Without this curve to connect the 2 railroads at this location, no commuter trains will be able to operate between Riverside and Perris unless the engineer changes ends. Why changing ends is necessary: All train movements are operated by an engineer located in the front of the train. But commuter trains have the capability to be operated from either end. The commuter train engineer can control the train from the engine or from the rear coach compartment to go in the opposite direction. The engine stays attached but pushes the coaches instead of pulls them. But before going in the opposite direction, the engineer has to walk to the opposite end of the train and a brake test must be made by the crew to visually check the brakes to see if they work properly. This procedure can be very time consuming. In the future, when the engineer is operating the train from the engine going northward from Riverside to Highgrove for example, after the curved track is built, he would be able to stay in his seat and go around the new curve to head back southward toward Perris. This would save a lot of time and we have no objection to this portion of the plan. PROBLEM: STATION LOCATION HIGHGROVE IS THE RIGHT TRACK AND THE RIGHT LOCATION! Highgrove already has commuter trains 7 days a week, on the west side of the same vacant 19 acres needed for the curved track. One station platform at Highgrove could accommodate commuters now, by just stopping some of the existing commuter trains, and the same station platform could be used to serve future commuters to Perris when the Perris Valley Line is completed. The distance between these two locations is only % mile but they have different destinations. The RCTC's plan does not include stopping any of the existing commuter trains between Riverside and San Bernardino. These trains will continue to go right through Highgrove without stopping even after the Perris Valley Line track is finished! Transportation efficiency: During a one year construction period of the Perris Valley Line railroad for example, there will be 3,224 commuter trains between Riverside and San Bernardino that pass through Highgrove. Some of these trains could stop for passengers on the BNSF main line on the west side of the 19 acres. One piece of property could be used for both the station and the curve and the station would be on straight track and not on the curve! Passenger speed is 60 MPH at this location. $232.69 Million dollars of our Federal Tax Money and Measure "A" tax money (RCTC figure), is estimated for this 24 mile upgrade, but the plan that RCTC wants, ignores the existing Metrolink commuter trains between • Riverside County and San Bernardino County. Their plan reverses direction just before it reaches the San Bernardino County line and turns back into Riverside County toward Perris. Perris Valley Line expenses: 24 miles of the Perris Valley Line track need to be completely upgraded for passenger service. New rail and ties are needed in the roadbed, additional tracks have to be built for meeting or passing other trains and new engines and new coaches are needed. Also, there is no Centralized Traffic Control system at all on the Perris Valley Line track! CTC is a traffic signal system for trains that allows the train dispatcher to control train movements from their control point in San Bernardino. The San Bemardino train dispatcher is presently able to give existing freight trains a signal into or out of the Perris Valley Line track at Main Street. But once the entire train is on the track toward Perris, there are no CTC signals for 38 miles where the track dead -ends in San Jacinto. Highgrove is cost effective: The Highgrove location would save several million dollars because additional property of 10 or more acres would not have to be purchased at Palmyrita Ave., Columbia Ave. or Marlborough Avenue. The Highgrove Metrolink station location does not need any new track improvements or CTC signal system, or new engines, or coaches, and no new crew members are needed. The commuter train schedule is already established between Riverside and San Bernardino and all that is needed is a platform to stop some of the existing trains where there is ample room for parking. Building a station on a track where there will not be any commuter trains for several years is a waste of our tax money especially when there are existing commuter trains every day of the week only % mile away with better destinations. Location, location, location-Highgrove is the most logical location and most cost effective way to spend our tax money to address the future transportation needs of the region. $232.69 Million of our tax dollars should be spent to benefit the entire region on both sides of the county line and not just 2 locations within Riverside County. 3,224 commuter trains per year will literally take thousands of vehicles off of our freeways! SOLUTION: BUILD A METROLINK STATION IN HIGHGROVE RIGHT NEXT TO THE BNSF MAIN LINE WHERE THERE ARE EXISTING TRAINS! R. A. "Barney" Barnett Chairman, Highgrove Municipal Advisory Council 474 Prospect Ave. Highgrove, Ca. 92507 (951) 683 4994 E-Mail: higligrovenews(iiroadrunner.com Please visit our web site: www.higherovehappenings.net for verification of all statements. What you can do! Insist that the station be built on the same property needed for the curved track in Highgrove by writing or e- mail ing your Congressmen and Federal and State politicians listed below. Please look at our website for more information: www.highgrovehappenings.net then Send your comments to: Please look at our website for more information: www.highgrovehappenings.net then Send your comments to: Federal Transit Administration Mr. Leslie Rogers, Region 9 201 Mission St. Suite #1650 San Francisco, Ca. 94105-1839 Assemblyman Bill Emmerson 10681 Foothill Blvd. Suite #325 Rancho Cucamonga, Ca. 91730 (909) 466 9096 Congressman Joe Baca 201 N. "E" Street San Bernardino, Ca. 92401 (909) 885 2222 http:gov.ca.gov/interact Senator Barbara Boxer 3403 Tenth St. # 704 Riverside, Ca. 92501 (951) 684 4849 Senator Bob Dutton 3780 Market St. Riverside, Ca. 92501 (951) 715 2625 Congressman Ken Calvert 3400 Central Ave. #200 Riverside, Ca. 92506 (951) 784 4300 Senator Dianne Feinstein 750 B Street Suite #1030 San Diego, Ca. 92101 (619) 231 9712 Congressman Jerry Lewis 1150 Brookside Ave. # J Redlands, Ca. 92373 (909) 826 6030 Assemblyman Brian Nestande 1223 University Ave. # 230 Riverside, Ca. 92507 (951) 369 6644 $232.69 Million of our tax dollars should be spent to benefit the entire region on both sides of the county line and not just 2 locations within Riverside County. 3,224 commuter trains per year will literally take thousands of vehicles off our freeways. Please write or e-mail any or all of the above representatives and send me a copy to add to our 8 year long paper trail! Our voices must be "heard" in writing rather than just a phone call. R. A. "Barney" Barnett 474 Prospect Ave. Highgrove, Ca. 92507 (951) 683 4994 E-Mail: highgrovenews(ii,,roadrunnencom Web Site: www.hiehgrovehappenings.net ++pat iwint.utuoo oN uo/irriw gay twlwip OLOW m.o c Jed vec'e 1tOOM at'Agra 4 *wan •Oiuntawusoo outpivnuOq wog 0.1. 9 1121011=11111141. OparwoAIV4 tll 'WM :lSNH Northside Improvement Association P.O. Box 244 Riverside, CA 92502 Organized 1912 •Oldest Community Organization in Riverside January 19, 2010 John Standiford Riverside County Transportation Commission 4080 Lemon St. 3rd floor Riverside, CA 92502=2208 RE: (PVL) Highgrove Metrolink Station Dear Mr. Standiford: The Northside Improvement Association, the oldest neighborhood group in Riverside, bounded by the Santa Ana River , Riverside County/San Bernardino County line, Santa Fe/Union Pacific RR line and First St. to Market St. in the city and county of Riverside, would again like to express our support of a Metrolink Station in Highgrove to serve commuters on both the current Riverside to San Bernardino route and the proposed Perris Valley route. The current population and projected growth in population along this northern edge of Riverside County would greatly benefit from a Metrolink stop in this area. The 215/91 freeway and the numerous railroad lines make this area a transportation corridor through Highgrove that connects the Inland Empire to anywhere in almost any direction. A station in this area would benefit people on both sides of the county line and could gamer greater support by combining efforts. Exploding regional answers to regional problems is commendable and while the proposed Penis Valley line will provide access for the western part of the county to reach Riverside, a station at Highgrove would allow access throughout the Inland Empire. This also works in the opposite direction, allowing people from all over southern California the means of accessing the ammenities, shopping and other entertainments available in western Riverside County. There appear to be reasonable opportunities available to create this vision of a regional transportation hub in Highgove and by a unanimous positive vote of the membership at the regular meeting of Jan. 11, 2010, the Northside Improvement Association again expresses their support for a Metrolink station in Highgrove serving current trains and future trains to Perris Valley. LEONARD MERCIER President Northside Improvement Association C.C. Marion Ashley, Riverside County Supervisor Steve Adams, Riverside City Council, RCTC representative UNA University Neighborhood Association October 21, 2005 John Standiford. Riverside County Transportation Commission 4060 Lemon St. 3`d Floor Riverside CA 92502-2208 Dear Mr. Standiford: RE: Perris Valley Line I am writing to update you on the results of a discussion about Metrolink at our October 13`" meeting. As you know, there is a great deal of interest about the locations of the Metrolink train stops planned for our area. While there is great community support for high quality public mass transit, there is also a growing resistance to having a stop at UCR on Watkins Dr. We believe a better location for a second stop would be in Highgrove where there is more room for parking and would provide a significantly smaller impact to existing residential areas. Our meeting was standing room only and by a unanimous show of hands, we voted to support a train stop in Highgrove. We remain committed to the Perris Valley Line setting the standard for a workable transportation solution and to enhancing our community's assets. I offer this feedback for your consideration. Sincerely, Gurumantra Khalsa Co Chair UNA 4108 Watkins Dr. Riverside, CA 92507-4701 951-784-7500 University Neighborhood Assn. w vw.UniversitvNeighborhood..net 4108 Watkins Dr., Riverside, CA, 92507-4701 951-784-7500 November 17, 2009 John Standiford Riverside County Transportation Commission 4080 Lemon St. 3`d Floor Riverside CA 92502-2208 RE: Perris Valley Line (PVL) Dear Mr. Standiford; Over 4 years ago on October 13, 2005, the University Neighborhood Association submitted a letter to RCTC supporting the concept of routing the PVL through Highgrove and of establishing a Metrolink station in Highgrove. Our community continues to support this concept because that location seems to offer greater overall flexibility. In addition to servicing Metrolink traffic from the PVL, the Highgrove station establishes services to existing Riverside and San Bernardino traffic, and opens opportunities to increase the number of potential riders through the expanded capacity and the flexibility to serve them. Further, Highgrove has adequate land for a station and parking. Plus, the people of Highgrove want the station and support the PVL. Most importantly: Expanded passenger rail options maximize taxpayer dollars. The development of rail corridors must be looked at in a context that is bigger than a single project. The PVL provides an opportunity to do that with the Highgrove option. Please take under advisement that while the UNA supports the Highgrove station concept, our own concerns remain. The PVL impact on our neighborhood continues to attract the attention of a growing number of our neighbors. As you know we have several sensitive receptor uses immediately adjacent to the PVL right of way. Within 500 feet of this project, we have 1. two elementary schools, 2. two city parks, a county park, and 3. several day care facilities. We have a number of public safety concerns 1. the impact of noise, vibration, and air pollution on health. 2. the safety of our school children due to the increased rail traffic. 3. public safety due to hazardous materials now being carried by BNSF. • • 4. public safety in crossing the rail right of way to access the county park. In point 4, we refer to the PVL project bisecting our community, including the City and County trails network. Access to the park and trails requires a safe, environmentally sound solution to connect with and enjoy the historic trails into the Box Springs Mountain Park. Lastly, we are concerned with the PVL impact upon our quality of life. To be clear, we wish to reiterate our support for the Highgrove solution. However, do not construe that support as an endorsement for the PVL, especially in light of the fact that the EIR is has not yet been completed. We remain committed to the healthiest result with the least impact for the biggest taxpayer payoff. As our last work on the matter of the Highgrove station, if the PVL is really about regional transportation, then it makes sense to locate stations in locations that offer the greatest utility. The Highgrove solution is uniquely located to accomplish just that. Sincerely, Gurumantra Khalsa Co Chair University Neighborhood Assn. RESOLUTION NO. 2001- 28 A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION GRANT A METROLINK STATION STOP AT HIGHGROVE WHEREAS, Highgrove needs a Metrolink Station Stop; and WHEREAS, Highgrove is already a.railroad junction point connected to the BNSF Main line; and WHEREAS, a railroad signal bridge is already functional to allow trains to enter or depart from the San Jacinto Industrial Spur onto the BNSF railroad that already has Metrolink service; and WHEREAS, the track and right of way•are already owned by the Riverside County Transportation Commission between SanJacinto and Highgrove; and WHEREAS, the distance of the existing track between Marlborough Ave. and Highgrove is only one and one half miles of straight track; and WHEREAS, track upgrading would be more economicai to go from Marlborough Ave. to Highgrove rather than from Marlborough onto the SP/UP Railroad and then to Riverside; and WHEREAS, the Riverside County Transportation Corirmission wauld_.have- to purchase the SP/UP track instead of using track they already own; and WHEREAS, the SP/UP track is also in need of upgrading and has many more curves than going straight to Highgrove; and WHEREAS, Metrolink trains coming into Highgrove could proceed eastward to San Bernardino without going into Riverside; and WHEREAS, the San BeC11ardino Metrolink Station currently has commuter service into the greater Los Angeles area; and WHEREAS, westward trains could also proceed from Highgrove into Riverside and points beyond; and WHEREAS, the San Bernardino and Riverside Metrolink parking lots are near capacity; and WHEREAS, Highgrove is approximately half way between San Bernardino and Riverside; and WHEREAS, vacant land adjacent to the track is already owned by the Riverside County Transportation Commission and could be used.for parking at Highgrove; and WHEREAS, a Metrolink stop in Highgrove would also be the closest access for commuters from Grand Terrace, Lama Linda and the 1520 new homes to be constructed in Pigeon pass plus other proposed residential development; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace, does hereby recommend that the Riverside County Transportation Commission grant a Metrolink Station stop at Highgrove when planning for future track upgrading for Metrolink service on the San Jacinto Industrial Spur. PASSED, APPROVED AND ADOPTED this 13' day of December, 2001. . Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of and Terrace I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2001- 28 was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 13`" day of December, 2001, by the following vote: AYES: Councilmembers lli.lkey, Larkin and Ferre; Mayor Pro `l'em Garcia and Mayor Buchanan NOES: None ABSENT: None ABSTAIN: None Approved art to form: City Attorney 2 Brenda Stanfill, City Clarke. 12/28/2009 14:42 9097837629 CITYOFGRANDTERRACE PAGE 01/01 cALIFORNIA 22795 Barton Roed Grand Terrace California 923►3-5295 Civic Center (909)824.662I Fax(909)783-7629 Fax (909) 783-2600 Maryetta Ferrel Mayor Lee Ann Garcia Mayor Pro Tempnre Council Members Bea Cortes Jim T. Miller Wall stanckiewitz Betsy M. Adams City Manager December 29, 2009 Mr. John Standiford Deputy Executive Director Riverside County Transportation Commission 4080 Lemon St., 3i1 floor Riverside, CA 92501 Dear Mr. Standiford: This is a new letter of support for the Higbgrove Metrolink station ration. The Grand Terrace City Council adopted Resolution #2001-28 on December 13, 2001 in support of Highgrove as a Metroliak station location. The City of Grand Terrace continues to believe that a Metal* stop in Highgrove would benefit the city and its residents. Very truly yours, cc: Grand Terrace City Council, Highgrove Municipal Advisory Council Inland Empire -Orange County Line 808 62 Passenger trains pass through Highgrove each week but do not stop due to no station platform Saturday Sunday Weekdays Saturday. Sunday Weekdays Departing San Bernardino 5:32am 7:30am 8:55am 5:32am 7:30am 8:55am ✓/ 4:52am ✓ 5:22am V.- 5:32am 5:57am `/ 11:25am V- Departing Riverside 4:49pm 6:29pm 8:03pm 4:49pm 6:29pm 8:03pm 10:21am 5:18pm 6:03pm 6:38pm 8:03pm Train # 3 857 859 3 857 859 803 805 3 807 811 Train # 858 860 4 858 860 4 800 804 806 808 4 Arriving Riverside 5:53am 7:50am 9:15am 5:53am 7:50am 9:15am 5:11am 5:41am 5:53am 6:16am 11:44am # of Trains Amtrak 1 Metrolink 1 Metrolink 1 Amtrak 1 Metrolink 1 Metrolink 1 Metrolink 5 Metrolink 5 Amtrak 5 Metrolink 5 Metrolink 5 Arriving San Bernardino 5:20pm G2-0P 7:00pm 8:29pm 5:20pm (n 21 7:00pm ✓ 8:29pm 10:50am ✓ 5:45pm r/ 6:30pm V- 7:10pm ✓ 8:29pm Metrolink Metrolink Amtrak Metrolink Metrolink Amtrak Metrolink Metrolink Metrolink Metrolink Amtrak Total Passenger trains Per Week 1 1 1 1 1 1 5 5 5 5 5 62 “p datuk 1 3 23 /a —±,0299e— INTENTIONAL DELETION OR HONEST MISTAKE? April 14, 2010 The notification sent out by RCTC about the Draft Environmental Impact Report for the Perris Valley Line stated: "The Draft Environmental Impact Report (EIR) is ready for public review and comment." According to the notice there were copies available at the RCTC office and 4 libraries: Riverside, Moreno Valley, Perris and Woodcrest. Noticeably absent from this list was the Highgrove library that is only `/2 mile from the Metrolink site requested by the public for the last 8 years. The first Highgrove library was built in1893, the present one was built in 1981 and is part of the Riverside County library system and we are currently building a new Highgrove library due to open at the end of this year. The present Library would also be convenient for residents from Grand Terrace since the Highgrove library is only mile from Grand Terrace even though it is in Riverside County. The following week after receiving the notice, I went to the Riverside Public Library on April 5, 2010 to look at the EIR but there was no EIR available and no one knew anything about it (Library assistant, Sharon DeRuntz). This may have been an oversight but it was very frustrating that no EIR was available as advertised, after driving to Riverside and paying for parking. HISTORY LESSON FOR RCTC: Highgrove has existed as a station on the railroad since 1886. For over 124 years this location has been known on the Railroad as mile post 7 or "Highgrove". But RCTC is ignoring Highgrove's historic past and wants to re -name this location "Citrus Connection". Since Highgrove first started in 1886, how many people will know where "Citrus Connection" is located since it is only shown on RCTC's map? On Jan. 25, 2010, I personally showed the RCTC staff an old timetable dated 1910 where Highgrove is shown between Colton and Riverside. For 8 years RCTC has intentionally ignored Highgrove and the voice of the people, by ignoring their letters, public comments and city resolutions that support building a station right next to the track that has existing commuter train service with other commuter rail connections at both San Bernardino and Riverside. RCTC is only concerned about commuter rail service in Riverside County between Riverside and Perris. They continue to ignore the existing trains that connect the 2 counties that operate through Highgrove 7 days a week and instead they want to use our tax money to build a station platform where there are no commuter trains and not even stop any of the existing trains when the Perris Valley Line is completed! All that has ever been requested is to build the station platform at Highgrove where the station will become part of the Metrolink system that will connect the 2 counties instead of building a station on a dead end track % mile away at the Palmyrita Ave. location. R. A. "Barney Barnett, Chmn. Highgrove Municipal Advisory Council, (951) 683 4994 10 \ ) a (AA CYZ 1W6 R;eiza-1-4' fro 3- 3 0 3 e 4f- 7 /I/ Gekt-ft.cA 7Fq fg3 3 -3 '*,571.7v) ""‘"-z4,,, 2 KL.ek'd `Ion 3 "7 (9 3 640. 2i1e, 4-S1 711-6 sz",14.441.,A_/-fri t 4; 3 3 7 h /r 0-41-"•( (67' G cl) "f '1-5 HUNTER PARR AREA STATION RSIDE to \MORENO VALLEY! ARCH FIELD STATION uoar vnsi PERRIUTATION Mkt Preferred Auernabve'. PUBLIC NOTICE NOTICE OF AVAILABILITY FOR DRAFT ENVIRONMENTAL IMPACT REPORT AND NOTICE OF PUBLIC HEARINGS WHAT'S BEING PLANNED? The Riverside County Transportation Commission (RCTC) proposes to extend Metrolink commuter rail service between Riverside and Perris using existing Burlington Northern Santa Fe and San Jacinto Branch Line track A new "Citrus Connection" would be constructed to link them. The Perris Valley Line is tentatively scheduled to open in late 2012 with four new stations: Hunter Park area, Moreno Valley/March Field, downtown Perris, and South Perris. WHY THIS AD? RCTC has studied the effects this project may have on the environment. The report that explains this is called an Environmental Impact Report (EIR). This notice is to tell you of the preparation of the Draft EIR and of its availability on April 5th for you to read. In addition, two public hearings will be held to give you an opportunity to provide input directly to RCTC. All comments received during the 45-day review period that ends on May 24, 2010 (postmarked) will be care- fully evaluated and considered. WHAT'S AVAILABLE? The Draft EIR and accompanying technical studies may be viewed after its release on April 5th at the following locations during normal working/operating hours with the exception noted: RCTC Office 4080 Lemon Street, 3rd Floor Riverside, CA 92502-2208 (Monday through Thursday only) Riverside Public Library 3581 Mission Inn Avenue Riverside, CA 92501 Moreno Valley Public Library 25480Alessandro Boulevard Moreno Valley, CA 92553 The Draft EIR and accompanying technical studies are also available on-line at www.perrisvalleyline.info. WHEREYOU COME IN Have the potential impacts been addressed? Do you have information that should be included? Your comments will become part of the public record. If you wish to make a comment on the Draft EIR, you may submit your written comments postmarked no later than May 24, 2010 to: Ms. Edda Rosso, Capital Projects Manager Riverside County Transportation Commission P.O. Box 12008 Riverside, CA 92502-2208 For more information on the Perris Valley Line or any other RCTC projects, please call (951) 787.7141 or visit on-line at www.rctc.org. �«ma MORENO VALLEY SOUTH PERRIS STATION wo public hearings will be held: ed., April 14, 2010 at 9:30 AM iverside County dministrative Center oard Room 080 Lemon Street am Floor iverside, CA 92502-2208 urs., April 22, 2010 at 6:00 PM ity of Perris ity Council Chambers orner of San Jacinto and erris Boulevard) 01 North "D" Street ems, CA 92570 Perris Branch Library 163 E. San Jacinto Avenue Perris, CA 92570 Woodcrest Library 16625 Krameria Avenue Riverside, CA 92504 Ardie and Barney From: Kevindaw@aol.com Sent: Tuesday, April 13, 2010 4:47 PM To: highgrovenews@adelphia.net Subject: Disregard the earlier emails B- OK, I am a bit loopy. On page 65, there is a table listing who owns each parcel. Several LLCs, which makes it hard to see who the real owner is. LNR owns the property for the March Air Base station, bastards. 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A. `Barney" Barnett, Highgrove April 14, 2010 Table of Contents: RCTC's Opposition To Highgrove Metrolink (1 page) Aug. 16, 2004 to Jan. 25, 2010 Highgrove Metrolink Station Proposal (Yellow folder) Aug. 16, 2004 Yellow folder Contents: CSA 126 Resolution 11-27-2001 City of Grand Terrace Resolution 12-13-2001 Highgrove Pac Petition 1-8-2002 City of Loma Linda 1-24-2002 Highgrove Metrolink comments over the last eight years (5 pages) 1-14-2010 Wrong Track -Wrong Location Article (3 pages + map) 3-21-2010 Support letter from Northside Improvement Association 1-19-2010 Support letter from University Neighborhood Association 10-21-2005 " (updated) 11-17-2009 City Resolution from City of Grand Terrace 12-13-2001 Support letter from City of Grand Terrace (updated) 12-29-2009 Inland Empire -Orange County Line 62 Passenger trains pass through Highgrove each week but do not stop due to no station platform. (1 page) 1-4-2008 (updated) 3-23-2010 INTENTIONAL DELETION OR HONEST MISTAKE! 4-14-2010 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 14, 2010 TO: Riverside County Transportation Commission FROM: Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Appointment of Toll Financing Underwriting Team STAFF RECOMMENDATION: This item is for the Commission to receive and file a report on the appointment of a toll financing underwriting team. BACKGROUND INFORMATION: In April 2009, staff released a request for proposal to perform underwriting services related to the Commission's financing programs including commercial paper, sales tax revenue bonds, and toll road revenue bonds. Following an evaluation of the proposals and interviews with shortlisted firms, staff recommended the selection of six firms — Barclays Capital, De La Rosa & Co., Goldman Sachs, J.P. Morgan, Merrill Lynch, and Backstrom McCarley Berry & Co., LLC — to be the Commission's underwriting team for financings through 2012, with an option to extend for two one-year periods at the Commission's discretion. At its July 8, 2009 meeting, the Commission approved the recommendation. When the underwriting team was selected, staff noted that some of the firms may likely serve as part of the underwriting team for a future toll revenue bond financing due to the size of the transaction; however, the selection of a senior managing underwriter(s) would be deferred approximately one year prior to such financing. As a result of recent toll feasibility updates for the State Route 91 Corridor Improvement Project (SR-91 CIP), a public fund contribution will now be required. This public fund contribution plus Measure A funds needed for other high -priority projects will likely require an increase in the bond cap on sales tax debt. Based on the SR-91 CIP schedule, staff determined that the appointment of an underwriting team for the toll financing of the SR-91 CIP should be made to provide adequate opportunities to thoroughly explore all financing alternatives and options. SR-91 CIP financial analyses that confirm the need for a public contribution and a possible increase in the bond cap on sales tax debt underscore the need to engage an underwriting team at this time. Agenda Item 9A 32 A request for interview was sent to Barclays Capital, Goldman Sachs, J.P. Morgan, and Merrill Lynch to respond to a series of questions regarding general information, financial assumptions, proposed structure, Transportation Infrastructure Finance and Innovation Act loan process, credit considerations, and bond market and distribution. Presentations by these firms were made on March 18, 2010, to an evaluation committee consisting of Commission staff, its financial advisors, and the project and construction manager. As a result of the interviews, the following firms were selected to be members of the Commission's toll financing team for the SR-91 CIP: • Co -Senior Managers: Goldman Sachs Merrill Lynch • Co -Manager: J.P. Morgan Both of the co -senior managers are designated as the bookrunners. The evaluation committee also selected Goldman Sachs to prepare and maintain the financial model. Compensation for the underwriting firms will be paid at the time of the issuance of any bonds for the SR-91 CIP. Agreements with the senior managing underwriters on behalf of the underwriting team will be part of the financing documents associated with the toll financing. Agenda Item 9A • • 33 • • RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: April 14, 2010 TO: Riverside County Transportation Commission FROM: Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Financial Statements STAFF RECOMMENDATION: This item is for the Commission to receive and file the Quarterly Financial Statements for the six-month period ended December 31, 2009. BACKGROUND INFORMATION: During the last six months of the fiscal year, staff has monitored the revenues and expenditures of the Commission. The attached financial statements present the revenues and expenditures for the first six months of the fiscal year. Period closing accrual adjustments are not included for revenues earned, but not billed and expenditures incurred for goods and services received, but not yet invoiced; as such adjustments are normally made during the year-end closing activities. The operating statement shows the sales tax revenues for the second quarter at 34% of the budget. This is a result of the Governmental Accounting Standards Board (GASB) Statement No. 33. GASB 33 requires sales tax revenue to be accrued for the period in which it is collected at the point of sale. The State Board of Equalization collects the Measure A funds and remits the funds to the Commission after the reporting period for the businesses. This creates a two - month lag in the receipt of revenues by the Commission. Accordingly, these financial statements reflect the revenues related to collections through October 2009. On a cash basis, the Measure A and Local Transportation Fund (LTF) sales tax revenues are 18.5% and 17.9% lower, respectively, than the same period last fiscal year. At its January 13, 2010 meeting, the Commission approved the FY 2009/10 mid -year revenue projections. The downward trend in sales tax revenues prompted staff to submit budget adjustments reflecting a $15.5 million and $6.6 million decrease in FY 2009/10 Measure A and LTF revenues, respectively. These adjustments to budgeted revenues are included in the attached December 31, 2009 financial statements. Agenda Item 9B 34 Federal, state, and local government reimbursements are on a reimbursement basis, and the Commission will receive these revenues as the projects are completed and invoiced to the respective agencies. The operating statement shows the Transportation Uniform Mitigation Fee (TUMF) revenues remitted for the second quarter by Western Riverside Council of Governments (WRCOG) at 36% of the budget. This does not include the revenues of $166,523 for December 2009, which were received in January 2010. Other revenues include a property transfer agreement with the city of Riverside for proposed access easement on the State Route 91 /Van Buren Boulevard interchange project. The administrative and program/project categories are in line overall with the expectations of the budget with the following exceptions: • Office lease and operations are slightly over as a result of the rent payment due by the first of each month. The January 2010 rent was paid in December 2009. • Right of way management expenditures reflect an increased level of abatement and repairs in response to more intensive code enforcement activities by the county of Riverside and local jurisdictions as well as active voluntary abatement to the Commission properties. Intergovernmental distributions are expended as one-time LTF payments made based on claims submitted by Coachella Valley Association of Governments (CVAG) and WRCOG. As of the end of the second quarter, claims had not been submitted by CVAG or WRCOG. Any unused funds in this category are related to the planning and programming departmental expenditures. Capital outlay reports a negative amount. This resulted from the estimated expenditure accrual for office and computer improvements made as of June 30, 2009, but not yet invoiced and paid through December 31, 2009. Interest expenditures are based on variable rates, which are currently low, while principal payments are made annually in June. Operating transfer in and operating transfer out are significant as of the second quarter due to the one-time transfers from the Western County Capital Projects fund to the Debt Service fund and the Commercial Paper fund to establish the Debt Reserve fund and retire a portion of the commercial paper. Agenda Item 9B 35 • In September 2009, the Commission issued $185 million of Series 2009 Sales Tax Revenue Bonds to refund the 2008 bonds and retire $53.716 million of commercial paper. The Commercial Paper Capital Projects fund has a deficit fund balance of $41,737,918 as a result of recording $56.284 million of commercial paper notes as a current liability rather than another financing source (debt issuance proceeds) in the FY 2008/09 financial statements. Since the letter of credit supporting the commercial paper program has been extended from March 2010 to March 2012, the commercial paper notes are no longer a current liability and the amount will be reflected as an other financing source in the third quarter financial statements. Listed below are the significant capital projects and their status. Capital project expenditures are generally affected by lags in invoices submitted by contractors and consultants, as well as issues encountered during certain phases of the projects. The capital projects budgets tend to be based on aggressive project schedules. Highway Engineering/Construction/Right of Way/Land SR-91 Van Buren Boulevard Interchange - The city of Riverside (Riverside) is the lead agency for this project. State funds were approved in October 2009, which allowed Riverside to proceed with advertising for construction. Construction was awarded in January 2010, and is expected to start in the third quarter of FY 2009/10. 60/215 East Junction HOV Lanes Connector - Resolution on permitting the project is required with the State Water Quality Control Board (Board) in order to proceed with advertising and awarding of construction. Comments were received, incorporated, and resubmitted back to the Board in January 2010. Construction is forecasted to start in FY 2010/11. SR-60 Valley Way Interchange - The county of Riverside, the lead agency, awarded construction in November 2009, and construction started in the third quarter of FY 2009/10. 1-215 HOV Lanes Scott Road to Nuevo Road - A limited notice to proceed (NTP) was issued to the design consultant to attend meetings and determine the requirements of the project. The Commission has applied for funding of the design phase in the FY 2010 STIP application. SR-74 from G Street to 1-215 Interchange - Right of way certification along with the design was approved in November 2009. The project will be advertising for Agenda Item 9B 36 construction after Federal Highway Administration approve the funds, which was submitted in February 2010, with construction forecasted to start July 2010. SR-91 HOV Project - Caltrans is performing design and is on schedule; expenditures are on budget although billings from the state are lagging. Commission staff is performing right of way acquisition work with consultant assistance and is also on schedule; right of way capital expenditures should accelerate through the remainder of the year. SR-74 Curve Widening - The NTP on design was delayed due to contract negotiation with the engineering firm. Engineering is now proceeding, and construction is expected to start in FY 2010/1 1. Mid County Parkway - Right of way acquisitions have been curtailed as property development has subsided, and the critical need to acquire property for protection has been delayed due to the substantial rescoping of the project. SR-91 Corridor Improvement Project (Design Build) - A pre -award audit of the project and construction manager consultant was conducted during the first quarter of FY 2009/10. A limited NTP was issued in October 2009, and full NTP is not anticipated until the fourth quarter of FY 2009/10. Updating of the toll feasibility financial model as well as Commission approval of the locally preferred alternative is being sought before a full contract NTP will be awarded. Right of way acquisition work was delayed due to the limited NTP but has now started. 1-15 Corridor Improvement Project - Work in the environmental phase continues. An update of the toll feasibility model commenced in February. Results are expected by summer 2010 which will possibly influence the project scope definition or result in a phased construction approach. 71 /91 Interchange Project - The preliminary engineering and environmental phase is scheduled to be completed fall 2010. Rail Engineering/Construction/Right of Way/Land Perris Valley Line - The NTP for engineering services was issued October 2009 and right of way acquisition has not occurred. Riverside Downtown Metrolink Layover Facility - The consultant selection process was completed in March 2010, and a contract award for engineering is included as a separate item for this Commission agenda. Agenda Item 9B • 37 • La Sierra Station Parking Expansion - Final design activities are in progress and the award for construction is scheduled for June 2010. Attachment: Quarterly Financial Statements - December 31, 2009 Agenda Item 9B 38 RIVERSIDE COUNTY TRANPORTATION COMMISSION QUARTERLY BUDGET VS ACTUAL 2ND QUARTER FOR SIX MONTHS ENDED 12/31/2009 Revenues Sales Tax Federal, state and local government reimbursements Transportation Uniform Mitigation Fee Other Revenues Interest Total revenues Expenditures Administration Salaries and benefits General legal services Professional services Office lease and operations General administrative expenditures Total administration Programs/Projects Salaries and benefits General legal services Professional services General projects Engineering Construction Right of way/Land Design build Local streets and roads Regional arterial Commuter assistance LTF and STA distributions Motorist Assistance Planning and programming services Right of way management Rail operations and maintenance Specialized transit Total programs/projects Intergovernmental distribution Capital Outlay Debt service Principal Interest Total debt service Total Expenditures Excess of revenues over (under) Other financing sources/uses Operating transfer in Operating transfer out Bond proceeds Total financing sources/uses Net change in fund balances Fund balance July 1, 2009 Fund balance December 31, 2009 FY 2009110 BUDGET $ 187,055,300 $ 76,266,500 11,475,000 506,100 3,285,000 2ND QUARTER ACTUAL 63,520,761 5,918,305 4,165,823 539,981 1,618,137 278,587,900 75,763,007 1,460,700 116,000 2,537,600 968,900 410,100 5,493,300 4,602,600 4,229,500 10,063,300 7,129,200 60,730,050 65,043,300 123,605,650 21,425,000 31,215,900 13,761,400 3,421,500 79,775,900 2,840,600 9,577,700 552,800 2,850,400 8,361,000 449,185, 800 863,400 1,110,500 182,395,000 12,610,000 195,005,000 714,521 44,434 1,135,609 662,426 124,673 2,681,663 1,836,852 685,234 1,537,840 1,315,482 9,753,710 3,956,183 10,337,799 10,244,017 2,396,980 1,088,432 32,913,464 993,721 2,917,503 296,050 1,293,465 2,284,791 83,851,523 (64,308) 183,110, 875 1,256,674 184,367,549 REMAINING BALANCE $ (123,534,539) (70,348,195) (7,309,177) 33,881 (1,666,863) (202,824,893) 746,179 71,566 1,401,991 306,474 285,427 2,811,637 2,765,748 3,544,266 8,525,460 5,813,718 50,976,340 61,087,117 113,267,851 21,425,000 20,971,883 11,364,420 2,333,068 46, 862,436 1,846,879 6,660,197 256,750 1,556,935 6,076,209 365,334,277 863,400 1,174, 808 (715,875) 11,353,326 10,637,451 PERCENT UTILIZATION 34% 8% 36% 107% 49% 27% 49% 38% 45% 68% 30% 49% 40% 16% 15% 18% 16% 6% 8% 0% 33% 17% 32% 41% 35% 30% 54% 45% 27% 19% 0% -6% 100% 10% 95% 651,658,000 270,836,427 380,821,573 42% (373,070,100) 244,211,600 244,211,600 260,000,000 260,000,000 (195,073,420) 215,455,446 215,455,446 185, 000, 000 185,000,000 (177,996,680) (28,756,154) 28, 756,154 (75,000,000) (75,000,000) 52% 88% 88% 71% 71% (113,070,100) 406,095,000 (10,073,420) 456,243,471 102,996,680 50,148,471 9% 112% $ 293,024,9039 $ 446,170,051 $ 153,145,151 152% ov 150'WI 949 $ 6ZZ'LEL'St S MB LEL'1.0 ! 028/3904 S 29L'90158 $ 92969152 9 924201'95 $ £9C'LleL S 912'L01 $ $91'L18 L22 S 282'LIS9$ 926194'91 S BOoZ'/C Mutant] eouelep round 10'202'990 LIWZLE'Z9 (SL£'0£0'O£) PZC'SCt 29098U Z596500'92 400'02699 922'19L'5 L42'99 CL 01,9L182 IPOSSE4'9 814'90101 0002'L Apr soueleq puns (0241L0401) L00659E'6 (C9S'elai.L) 8653.01 s'ran (91291s) (l LS'90Ztll LS{'9Sl'2 896'8L 2682L C9 511'2L1 51.5E99'9 seoueleq pool to gluey/leN 000'000'5111 Y£E'POP 'p 00091L CS OBE 912'0E1 - (856FZ ZPC'F) L'89 sasnlsaanos Bulouaug lel0l 000'000'891 - 0014000'591 (9W5S✓S12) (929'Ian) - IIBB'SLC'L8A - - speeamd puo9 (neap's) (00Lb54) (0000051 lno ielsue0 Cu9ewd0 990.599•5lZ 091'985Y1 000'91L'E9 892289791 - 000'059 00L1,54 LE2'999 u!Ausues 6unced0 easryseomos l osueu0 mon0 (mat/O'S8l) 1L9Y8t6) (E99'tt9'59) (8BL'19£'BZl) 5196122'1 (912'916) (1L5.02'41) L51.•95CZ 698'0L 156.555'L 9LL2L1 912'1654. sempuedxo$epun) 19n0 omens/ ssesx3 /29'929'Oa 096'$60'1 90622959 5L918£821 281009'2 C8S'L00'1 lL9'SOW IL 9126090'Z LOO'99Z CU 600'C2 922'LEO'I BL9'S£0'9 samppueds3 pool 803L9£'991 098'S80'1 9lL'9LB'C$ 9L9'46C82L - _ 9L9'BSZ'{ 098'S80'1 9LL'OPL - - - adlmes Asp leml 9G12011'£91 - 000'91L'ES 5L9'96£'821 _ swatul leapupd eoilmes mac 00E'99) C29'199'29 - 5£4'££5"11 281'003i ESS'200'1 16L1,922 _ - 994262'1 050'99L C05/161 121F66 P99'210'22 - 2- _ C85'L00'L C4'990'l 096.965'2 110.44t01 - - • 98L'LEC'01 - 600'9104 - 910'221'1 291•958'£ 000'094 01L'£SL'8 - 95L6919'S L99'9L261 - 299'S1£'1 - 912'22 0410LCS'{ - 98COLt 112 - IC2'999 2L9'C£ - 5109L 2514929'1 - LE8'99 699'199'2 L49'C12 £L9'421 - 46 921,299 009'92161 - 0904212 02949 £89.1 125'91L LOO'ESL'SL ELl'954 Mit) 990'E1 Lecrovre SL£'le LELow!. 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(HDR) to provide environmental document preparation, preliminary engineering, final engineering design, and construction support services for the Riverside Downtown Metrolink layover facility project in the amount of $2,140,325 plus a contingency amount of $259,675 to cover potential changes for a total not to exceed amount of $2.4 million; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director to approve contingency work up to the total not to exceed amount as requested for the project; and 4) Authorize the Executive Director, pursuant to legal counsel review, to execute non -funding related agreements necessary for the design and construction of the project. BACKGROUND INFORMATION: The Riverside Downtown Metrolink station acts as a layover facility for a number of Metrolink trains operating on the Riverside, Inland Empire -Orange County, and 91 lines. Since the station is at the end of the line, each evening most of these trains need to be stored and serviced overnight at the station. The station has the capability to store train sets on the station tracks on both the northern and Agenda Item 9C southern sides of the station, which is shown in detail in Attachment 1. In addition, there is currently a single storage track on the northern side to store trains and two short tracks on the southern side along Commerce Street to store and service trains overnight. The designated storage tracks on the southern side include the necessary utilities, train staff parking, and storage of consumables for train maintenance and operations. Currently, all available storage space at the Riverside Downtown Metrolink station is being utilized and there is limited flexibility for current staging of trains and no opportunity for adding train service without developing storage capacity at the station. This project seeks to expand this capacity on available Commission -owned property. Working together for the past year, the Southern California Regional Rail Authority (SCRRA), in conjunction with Commission staff, performed a conceptual engineering study to expand the Riverside Downtown Metrolink station to allow for the layover, cleaning, and light maintenance of the current train sets and to accommodate future trains. In addition, the design allowed for the connection of the Perris Valley Line (PVL) with both the current access on the Burlington Northern Santa Fe Railroad (BNSF) third track and future access on the proposed fourth main track. The facility will be designed to accommodate layover capacity for all the routes serving Riverside. The proposed facility would place a second track within the existing northern layover area to allow for the proper storage and light maintenance of two train sets (six to seven cars per set) with connections to the necessary utilities. This phase of the work is relatively straightforward and can be expedited to meet existing demands and allow more flexibility with trains parked at the station. The major portion of the expansion will occur on the southern side of the BNSF tracks along Commerce Street. The existing layover tracks will be extended across Mission Inn Avenue onto Commission -owned property and extend northerly to 3`d Street. This expansion will include the placement of three sets of layover tracks with the capability of storing five train sets (six to seven cars per set). This facility will include the necessary utilities and infrastructure for the secure layover of the trains. This portion of the project will require close coordination with the city of Riverside and the Public Utilities Commission for the necessary grade crossing improvements at Mission Inn Avenue. The project will be designed for the full length to 3rd Street, but the construction of the facility will be phased depending on funding conditions and the schedule for the 3`d Street grade separation project. Discussions were held between SCRRA and Commission staff to determine how the design of the layover expansion could be expedited, especially for the northern area. It was agreed that the Commission has the capabilities to expedite the Agenda Item 9C procurement of a design engineer to perform the environmental document preparation, preliminary engineering, final engineering design, and construction support services. Selection Process A request for qualifications for environmental document preparation, preliminary engineering, final engineering design, and construction support services for the Riverside Downtown Metrolink layover facility project was issued on November 20, 2009, and a pre -submittal conference was held on December 8, 2009, to present the project and answer any questions for the interested parties. The consultants' statements of qualifications (SOQ) were submitted on December 22, 2009. An evaluation committee was appointed to review the two submitted SOQ's received and to conduct interviews of the firms. The evaluation committee members included representatives from the Commission staff, Bechtel, SCRRA, and the city of Riverside. After evaluation of the SOQ's by the evaluation committee, both firms were notified on January 11, 2010, that interviews would be conducted. The firms included: • HDR Engineering, Inc. • JL Patterson & Associates, Inc. Interviews of firms were conducted on January 28, 2010, and HDR was selected by the evaluation committee as the most qualified firm. Commission staff requested that HDR submit a scope, cost, and schedule proposal for environmental document preparation, preliminary engineering, final engineering design, and construction support services for the Riverside Downtown Metrolink layover facility project. Staff received HDR's scope, cost, and schedule proposal on February 26, 2010, and negotiations commenced on March 1, 2010. Subsequent meetings were held on March 10 and March 17, 2010, to review revisions made by HDR and to continue the negotiation process. During the three weeks of negotiations, HDR submitted three proposals consisting of its scope, cost, and schedule. A finalized summary of the scope is included in Attachment 2. Table A summarizes the submittals and the associated costs. Agenda Item 9C TABLE A Proposal Submittal Date Northern Facility Commerce Street Facility CEQA BNSF Fourth Main Track Grand Total March 10, 2010 $488,333 $1,180,652 N/A $1,668,985 March 17, 2010 $473,297 $1,137,025 N/A $1,610,322 March 18, 2010 $463,936 $1,117,700 $558,690 $2,140,326 CEQA: California Environmental Quality Act Note: The March 1 E, 2010 proposed costs only for the layover facilities totals S1,581,635.06 Some of the austerity measures undertaken by HDR during the negotiation process, and the office locations of the consultants on this project are listed in Table B. TABLE B Firm Office Locations Proposed Austerity Measures HDR Engineering, Inc.' Riverside Reduce Profit by 20% and Change Personnel Assignments Change Personnel Assignments Birge Engineering, Inc.2 Upland David Evans & Assoicates2 Ontario Reduce Profit by 20% and Reduction in Hours ICF Jones & Stokes2 Los Angeles Reduce Profit 10% and Reduce Overhead from 1.93 to 1.75 Ian Davidson Landscape Architecture Riverside Reduce Profit by 20% Leighton Consulting2 Rancho Cucamonga Reduce Profit by 20% and Reduce Overhead from 1.999 to 1.719 Pacific Rail Enterprises2 Riverside Reduce profit by 20% ' Prime Consultant 2 Sub -Consultant These austerity measures along with other clarifications in the scope of work have resulted in a $87,349 decrease in the cost from HDR's March 10, 2010. This total is only for the layover facilities and does not include the cost for the BNSF fourth main. Tho Commi✓cion is responsible for completing the CalifoFnia Environmental Quality Act (CEQA) cnv'iroRmeRtal elcaFaaec for tic 13P1SF fourth mail} track as an item of . nle + ... *". . ,.* *c.... W"cc* "e*:•.v n BNSF anti tlae -- - r" si Per the agreement with BNSF, the fourth r maintrack from Downtown Riverside to Highgrove is not needed for the PVL project and has been deleted from the PVL project scope. At the March 17, 2010 negotiations meeting, HDR was directed to Agenda Item 9C provide a separate scope and cost to perform the environmental document preparation for the BNSF fourth main track and/or. This work will nccd to be complctcd to accommodato BNSF's construction of tho future fourth main track and for a future tail track into the Commerce Street facility, which would allow for layover of PVL commuter trains. Commission staff has learned that since the fourth main track will be constructed by BNSF, environmental clearance by the Commission will not be necessary. However, since the future tail track project will be completed by the Commission, incorporating this scope into this contract will result in savings to the Commission, since it will not require an additional procurement process and the necessary environmental field work can be performed concurrently with that for the Commerce Street facility, thereby reducing additional field mobilization costs. The scope and cost for this work will remain separate from the layover facilities. HDR provided the scope and cost for this work on March 18, 2010, and it has been reviewed by staff and found to be within the range of costs for similar type of work on other Commission projects. The cost for this work is $558,690. Based on the results of the evaluation committee and completion of the negotiations, staff recommends that Agreement No. 10-33-031-00 be awarded to HDR to perform environmental document preparation, preliminary engineering, final engineering design, and construction support services for the Riverside Downtown Metrolink layover facility project in the city of Riverside based on the submitted scope, schedule, and cost for the base amount of $2,140,325 plus a contingency amount of $259,675 to cover potential changes for a total not to exceed amount of $2.4 million. Financial Information In Fiscal Year Budget: Yes Year: _ FY 2009/10 FY 2010/11 + Amount: $ 250,000 $2,150,000 Source of Funds: Measure A Rail Funds Budget Adjustment: No GL/Project Accounting No.: 003822 81101 221 33 81101 Fiscal Procedures Approved: \111114,e,d4w, Date: 03/15/10 Attachments: 1) Aerial photos 2) Scope of services Agenda Item 9C .04•.d S JO 113.3HS 4411113Yi V3n0AYI 306213A1V 11N3WHOV11V .w«un v.• .r • • • 11 !i • • • 49.4 regs % .aK.114l % ear ro..a.n«m veroOS at awn_ £ JO t 0314 A1nou woxin 30643 w Nowt .r'rr L4 wsr� w*No oWlf n uwuY.w ui i e� 2:13n0Ath .1331.1.8 302:13wwo6 asige "rL R'.'7h'.' 411444* 11 l� A9�.{ ne i .ar nini WWI Nazism 'On 1Dr £ !0 £ 1334S A11714 213A0Ari 301S83A18 Sb .:v�aaC�0;0 ALuourN wa Items n+eoilo to)nnos o y (pafad siy; ui pepnpuw }ou) �oe�l Biel amInd a =WEI wtaorsa nrs AIN 'r 13A0/ d1 .i333.is �0�3wwo0 z f jr I{If F� y f�l y N • • • 11 0 Hg as 4 ATTACHMENT 2 Summary of Scope of Services Introduction and Overview of Services This document provides a summary of the proposed Scope of Services related to the development of two independent projects known as the Riverside Downtown Metrolink Northern and Commerce Street Layover Facilities located in the City of Riverside. This document provides a summary of the proposed Scope of Services for design and construction of the two projects as well as the scope of the proposed Services. The Scope of Services generally consists of the following: • Environmental Document Preparation and Permitting -Northern Facility -Commerce Street Facility -BNSF 4rth Main • Preliminary Engineering -Northern Facility -Commerce Street Facility • Final Engineering Design -Northern Facility - Commerce Street Facility • Design Support Services during Construction - Northern Facility -Commerce Street Facility Three sketches are provided which indicate the general areas of work. Project work includes upgrade of the grade crossing at Mission Inn Avenue. A summary schedule for this effort is provided as an attachment. The Project Team is lead by prime contractor HDR Engineering, Inc. (HDR) and supported by six subconsultant firms: • Birge Engineering, Inc.(Birge): utility design and coordination • David Evans & Associates (DEA): Surveying, mapping and right-of-way services • ICF Jones & Stokes (J&S): environmental document preparation and permitting • Leighton Consulting (Leighton): geotechnical investigation • Ian Davidson: landscape architecture • Pacific Railway Services: railroad signals and communications Related but Excluded Work The following projects within the vicinity of the Project are not a part of this Scope of Services: 49 • City of Riverside Grade Separation Project at 3rd Street, shoofly track design. HDR will coordinate with the City; however, no design activities will be included in this scope. • BNSF Railway Company future fourth main track will not be designed as part of this project. HDR will coordinate with BNSF. • Tail track exiting the top end of the proposed Commerce Street Facility. Northern Facility The project location is on the northerly portion of the existing westerly depot track at the Riverside - Downtown Metrolink Station. The goal of this project is to relocate the existing layover track just south of University Avenue and add one parallel layover track in the existing layover right-of-way.. Commerce Street Facility The project location is on undeveloped property currently owned by the COMMISSION parallel to Commerce Street between Mission Inn Avenue and 3rd Street. The new tracks will connect to the existing layover tracks located between 9th street and Mission Inn Avenue. The existing layover tracks are active and the project design will be based on the layover tracks remaining operational during construction. The Project will be designed and constructed to accommodate the planned City of Riverside 3rd Street grade separation project which is anticipated to occur during or after the proposed start of construction of this project. The 3rd Street grade separation project is planned to include the placement of a shoofly to route the BNSF mainline tracks around the 3rd Street crossing. This shoofly would encroach onto THE COMMISSION's property and would impact the last 550 feet of the layover facility. Therefore, this phase will anticipate the shoofly and thus would shorten the layover facility. The goal of this phase is to provide environmental permitting documents and design for the full length of the facility to 3rd Street, but the construction plans will be developed with the facility terminating 550 feet prior to 3rd Street. This phase will require the grade crossing modifications at Mission Inn Avenue along with CPUC coordination and development of CPUC application materials. Coordination with the CPUC shall commence as early as practicable. Construction documents will delineate future work required for ultimate build -out of the Commerce Street Facility. HDR Engineering, Inc. ROTC Riverside Downtown Layover Facility Scope of Services Page 2 of 4 • 50 • Outline of Scope of Services This detailed Scope of Services for each project are generally organized as follows: 1.0 Management and Administration 1.1 Project Management 1.2 Project Administration 1.3 Project Control 1.4 Training and Safety 2.0 General Tasks, Coordination, and Planning Elements 2.1 Agency, Utility, Freight Railroads, and Jurisdiction Interface Requirements 2.2 Permits 2.3 Environmental Assessment / Environmental Clearance 2.4 Surveying and Mapping 2.5 Right -Of -Way Definition and Certification 2.6 Baseline Analysis, Data Collection, Data Review, and Existing Utility Locations 2.7 CiviUStructural Design Criteria, Construction Methods, and Track and Systems Design Criteria 3.0 Engineering Reports, Studies and Technical Memoranda 3.1 Layover Facility Layout and Track Alignment Study 3.2 Layover Facility Requirements Technical Memorandum 3.3 Structural Studies — Riverside Canal 3.4 Utility Technical Memorandum 3.5 Preliminary and Final Geotechnical and Hazardous Materials Investigations and Laboratory Analysis • Initial Site Assessment (ISA) • Records Review • Site Reconnaissance • Interviews • Report Preparation • Geotechnical Study • Geotechnical Impact Evaluation Study Report • Preliminary Engineering Analyses and Report Preparation • Geotechnical and Geoenvironmental Investigation for PS&E Phase • Prefield Activities • Field Activities • Geotechnical Report • Geoenvironmental Report • Geotechnical Construction Support Services 3.6 Traffic Report 3.7 Value Engineering Reports 3.8/3.9 Preliminary and Final Engineering Reports • Preliminary Engineering Report Contents • Final Design Report Contents 4.0 Plans, Specifications and Estimates • Design Submittals and Reviews • Speck Features of Civil/Structural Plans • Specific Features of Utility Plans • Specific Features of Grade Crossing Plans HDR Engineering, Inc. RCTC Riverside Downtown Layover Facility Scope of Services Page 3 of 4 51 • Specific Features of Systems Plans 4.1 Conceptual Design (10%) 4.2 Preliminary Design (30%) 4.3 Interim Design (60%) 4.4 Pre -Final Design (90%) 4.5 Final Design (100%) 4.6 Camera -Ready Design • Cost Estimates • Specifications 5.0 Bid /Award and Design Services during Construction 5.1 Bid Award Support 5.2 Bid Support 5.1.2 Addenda and Clarifications 5.1.3 Conformed Documents 5.2 Design Services during Construction 5.2.1 Requests for Information 5.2.2 Change Order Review and Design Revisions 5.2.3 Contractor Submittals and Shop Drawings 5.2.4 Non -Conformance Reports 5.2.5 Systems Inspection, Testing and Start -Up 5.2.6 Claims Review and Response 5.2.7 As -Built Drawing Development 5.2.8 Project Close Out 5.3 Construction Planning and Constructability Review 5.4 Construction Staking HDR Engineering, Inc. RCTC Riverside Downtown Layover Facility Scope of Services 52 Page 4 of 4 • RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: April 14, 2010 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Edda Rosso, Capital Projects Manager Richard Bryan, Bechtel Rail Projects Manager Stephen Bennett, Bechtel Construction Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Agreement with Owen Design Group, Inc. to Provide Construction Management Services for the North Main Corona Parking Structure and the Perris Multimodal Facility WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 08-33-01 1-02, Amendment No. 2 to Agreement No. 08-33-011-00, with Owen Design Group, Inc. (Owen Group) for construction management services for the North Main Corona (NMC) parking structure and the Perris Multimodal (PMM) facility in a not to exceed amount of $490,000; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Approve an expenditure transfer of $490,000 from the Riverside Downtown layover facility right of way acquisition to the PMM facility construction management. BACKGROUND INFORMATION: At its September 2007 meeting, the Commission awarded Owen Group an agreement to perform construction management services to support pre -bid and bid phases, and to manage construction of the NMC parking structure and PMM facility projects. The agreement was executed and work started on October 15, 2007. The contract for the construction of the NMC parking structure was awarded to McCarthy Building Companies on November 14, 2007, with an authorized amount of $21.2 million. Work started on January 2, 2008, and was substantially completed on June 19, 2009. Closeout activities involving contract change order Agenda Item 9D 53 negotiations are nearing completion and are forecast to be complete by April 15, 2010. The design engineer for the NMC parking structure was Stantec Architects. The contract for construction of the PMM facility was awarded to LA Engineering on November 12, 2008, with an authorized amount of $5.4 million. Work started on January 5, 2009, and was substantially completed on January 10, 2010. Close out activities, including change order negotiations, are underway and are forecast to be complete by June 30, 2010. Psomas was the design engineer for the PMM facility. Numerous changes on both construction projects and the delayed start of construction work on the PMM facility have increased the effort required by the construction manager (CM). Amendment No. 1 in the amount of $345,000 was approved by the Commission on September 9, 2009, and provided for additional services through the then estimated completion and contract closeout date of March 2010, for NMC parking structure and PMM facility. The services required in Amendment No. 1 are described below: At the North Main Corona Parking Structure • Additional field testing services for: o Testing of unsuitable material at the east road for replacement of a section of Blaine Street; and o Unanticipated costs for steel welding inspection for the pedestrian bridge. • Extensive revisions to the plans to accommodate unforeseen field conditions and to improve the functionality of the parking structure. This included revisions to the south road to widen and improve the grade from that of the original plan. • Completion of design elements such as closed circuit television (CCTV), which were only generally described in the bid documents, and additional engineering was required to upgrade the CCTV to a digital system that will provide an improved path for future Commission CCTV expansion. • Unanticipated source inspection requirements for precast concrete panels that were fabricated in Bakersfield and required source inspection to minimize the risk of delay due to quality issues. • Construction delays due to storm water interceptor conflicts with existing storm water drainage and installation of waterline blow off valves in three locations that prolonged the schedule at NMC parking structure and resulted in extensive field -engineered revisions. • The close out process has been extended due to the effort to evaluate change orders for the construction delays described above. Agenda Item 9D • 54 • At the Perris Multimodal Facility • The original schedule contemplated that the NMC parking structure and PMM facility would be constructed in parallel. However, work at the PMM facility did not get started until the NMC parking structure project was 80% complete. The ability to share resources as originally anticipated did not occur. • Major changes on the project include extending the platform 100 feet to a total length of 900 feet and the addition of the Orange Empire Railway Museum (GERM) work. • Widening of San Jacinto Avenue between C Street and the Burlington Northern Santa Fe Railway (BNSF) tracks to match work underway on the other side of the tracks by the city of Perris. • Underestimated costs for compaction and concrete cylinder testing. • Revisions in the electrical design to better serve the project and future Perris Valley Line work. • Additional work associated with late agreements with Southern California Edison for the undergrounding of utilities. • Work required at residences that are located adjacent to the C Street improvements, which were insufficiently detailed on the plans due to the late receipt of temporary construction easement information and not fully coordinated in the design phase. Additional Services For Amendment No. 2 Additional construction management support efforts beyond what was originally anticipated in Amendment No. 1 have occurred thereby requiring Amendment No. 2 in the amount of $490,000. The reasons for this increase are itemized below: At North Main Corona Parking Structure ($150, 000) • Additional support for processing contract change orders and project closeout activities. There have been numerous changes and delay analyses that required review and reconciliation assistance from Owen Group. The time required to resolve these contract close out matters was underestimated. At the Perris Multimodal Facility ($340,000) • Major changes on the project included revision of the electrical and CCTV requirements and a traffic signal interface with BNSF. Agenda Item 9D 55 o Electrical revisions that were identified in Amendment No. 1 have required extensive changes to the construction details, which were coordinated by the CM and underestimated in Amendment No. 1. o CCTV revisions and unforeseen difficulties in configuration and integration of the system with the Commission security control center at the Riverside Downtown station have required more resources than was anticipated. o The interface between the newly installed traffic signals at 4"' Street/SR 74 and C Street and BNSF's grade crossing signals was not completely coordinated during design and has resulted in additional time by the CM to assist in resolution on this issue. • Revisions to the temporary construction easements along the properties on C Street were required. o Revising details for masonry retaining walls, boundary fencing and gates, and landscaping changes have required extensive time by the CM to coordinate and resolve. • The fencing required along the north and south boundaries of the site was redesigned to comply with the city of Perris' Conditions of Approval. These requirements were not detailed in the original plans. The CM prepared the details for these changes. • Late requirements by Riverside Transit Agency (RTA) for digital bus signage required additional resources for the design of signage supports and provision for electrical power. The CM developed these revisions and coordinated its review and approval by the design engineer. • Improvements to the platform design were undertaken by the CM to facilitate maintenance. • Numerous changes described in Amendments No. 1 and 2 need to be negotiated and settled with the contractor. Time Adjustment The time set forth in the original agreement was insufficient due to the later than anticipated start of the PMM facility project. The original completion date of CM services of August 31, 2009, was revised to March 31, 2010, by Amendment No. 1. As CCTV configuration and traffic signal interface issues remain at PMM facility, this amendment will further extend the time to August 31, 2010, to complete the work at PMM facility and to cover charges that might extend beyond the completion of CM services. Recovery of Costs Much of the CM's work at NMC parking structure and PMM facility has been completing missing design details or correcting design errors. For example, delays in the construction at the NMC parking structure were largely due to incomplete Agenda Item 9D • 56 • design of a storm water interceptor system. Similarly, drainage, platform, electrical, and traffic signal details for the PMM project were incomplete and required the CM to resolve. A large percentage of the additional costs are due to the following: 1. Owen Group needed to perform significant redesign for the PMM facility project. Staff is assessing opportunities under the errors and omissions clauses of the design agreement and will work with legal counsel to evaluate a basis for recovery; 2. Owen Group needed to perform significant redesign for the NMC parking structure project. Staff is assessing opportunities under the errors and omissions clauses of the design agreement and will work with legal counsel to evaluate a basis for recovery; and 3. The later start by LA Engineering on construction of the PMM facility resulted in a schedule delay. Staff has assessed $52,700 in liquidated damages against LA Engineering, a 31-day delay at $1,700 per day. Staff is also negotiating any reimbursements due from OERM and RTA, which are expected to be minimal. SUMMARY: The out of scope items and additional work required by the CM team have resulted in the depletion of the original agreement and amendment's funding earlier than expected. The original agreement and the cost estimate provided by Owen Group anticipated a project completion date of August 31, 2009. Due to the late start of the PMM facility, the extended change order negotiations at the NMC parking structure, and the additional work required at both projects, this proposed amendment will extend the agreement term to August 31, 2010. The additional funding required is summarized in the table below: Project Amount North Main Corona Parking Structure $150,000 Perris Multimodal Facility $340,000 Grand Total $490,000 The FY 2009/10 rail capital budget includes $500,000 in right of way acquisition expenditures for the Riverside Downtown layover facility expected to be expended during the year. Accordingly, staff recommends the Commission approve an expenditure transfer of $490,000 from the layover facility project to the PMM facility project. Agenda Item 9D 57 Financial Information I In Fiscal Year Budget: No Year: FY 2009/10 Amount: $490,000 Source of Funds: 1989 Measure A Rail and Commuter Assistance Funds Budget Adjustment: Yes (transfer only 003808 81302 221 33 81301 $ 150,000 GL/Project Accounting No.: 003816 81302 221 33 81301 $ 340,000 003822 81401 221 33 81401 ($ 490,000) Fiscal Procedures Approved: \144,440, Date: 03/15/10 Agenda Item 9D 58 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 14, 2010 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Edda Rosso, Capital Projects Manager Richard Bryan, Bechtel Rail Projects Manager Stephen Bennett, Bechtel Construction Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Agreement with LA Engineering to Increase the Contract Expenditure Authorization for the Perris Multimodal Facility WESTERN RIVERS/DE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 09-33-046-01, Amendment No. 1 to Agreement No. 09-33-046-00, with LA Engineering to increase the expenditure authorization for the Perris Multimodal (PMM) facility by $262,000, increasing the total not to exceed contract amount to $5.662 million; 2) Approve the addition of four external extra work requests: two by the city of Perris, one by Southern California Regional Rail Authority (SCRRA), and one by Riverside Transit Agency (RTA); 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 4) Authorize Executive Director to execute necessary contract change orders to implement these requests; and 5) Approve an increase to budgeted revenues of $140,000 and an expenditure transfer of $262,000 from the Riverside Downtown layover facility right of way acquisition to PMM facility construction. BACKGROUND INFORMATION: At its September 12, 2007 meeting, the Commission authorized staff to advertise for construction bids for the Phase I - PMM facility adjacent to C Street, between State Route 74 and San Jacinto Avenue in Perris. The PMM facility will serve as a future Metrolink Perris Valley Line (PVL) commuter rail station, therefore, the Commission is the project lead for development, design, and construction of the PMM facility in coordination with RTA. The Phase I work included construction of Agenda Item 9E 59 the PMM facility with a 141-space park and ride lot, a bus plaza with eight loading bays, closed circuit television (CCTV) system, and a transit platform for future Metrolink access. Also included as required by the city of Perris were street improvements along C Street, a traffic signal at the intersection of C Street and SR- 74, undergrounding of Southern California Edison (SCE) and Verizon utilities, widening of San Jacinto Avenue, and landscaping. The project was advertised on October 1, 2008, and bids were opened on November 3, 2008, with LA Engineering submitting the lowest responsive and responsible bid for the project. At its November 12, 2008 meeting, the Commission awarded Agreement No. 09-33-046-00 to LA Engineering for construction of the PMM facility with a contract amount of $4,904,841, with a contingency of $495,159 for a total not to exceed contract expenditure authorization of $5.4 million. Additions of Scope A number of major scope changes occurred during construction that will require an increase in the contract authorization. These are items outside the normal scope of contingency and include the following: 1. Modify the platform design to accommodate future operations by the Orange Empire Railway Museum (GERM) at the PMM facility. This out of scope change was requested by the city of Perris. The total estimated cost for this additional work is $127,000; 2. Widen San Jacinto Avenue between C Street and the Burlington Northern Santa Fe Railway (BNSF) tracks by seven feet to its ultimate width, at the request of the city of Perris. The total estimated amount for this additional work is $36,000; 3. Lengthen the platform from 800 feet to 900 feet to accommodate full train length plus a safety margin, per updated SCRRA standards. The total amount for this change is $86,000; and 4. Placement of digital bus information signs at the request of RTA. The total amount for this change is $13,000. The total of these external scope changes amounts to $262,000 for which additional authorization for expenditure is sought. Additional External Scope and Estimated Costs Item 1 - OERM At the request of the city of Perris, on behalf of GERM, modifications were made to the new platform to accommodate OERM's future operations at the transit center. Agenda Item 9E • 60 • • • This work was the subject of a memorandum of understanding (MOW between the Commission and the city of Perris formalized by Agreement No. 09-33-070-00, which was approved at the May 13, 2009 Commission meeting. This provided for reimbursement by the city of Perris for the estimated costs of the OERM revisions totaling $150,000. The MOU requires reimbursement of the actual construction costs. The current estimated cost of construction is $121,000. Construction management and Commission staff costs are not included in this amount. A contingency of $6,000 (5%) was added to this value to cover any additional costs that might arise as the change orders are finalized and/or claims are resolved. The total estimated added allotment for this item is $127,000. The actual construction cost is reimbursable from the city of Perris. Item 2 - San Jacinto Avenue Widening The planned widening of San Jacinto Avenue was increased by seven feet to its ultimate width at the request of the city of Perris, who indicated that such further widening would be a condition for the future PVL project. Performing the work as part of this project avoids additional costs and traffic disruptions during the PVL construction. The revision matches the work on the east side of the BNSF tracks, currently under construction as part of the city's D Street project. This increased widening also required the relocation of a Time Warner (TW) facility. The costs of this work are estimated to be $25,000 (widening) + $8,000 (TW relocation) _ $33,000. The final costs for this work have not yet been determined and are subject to further negotiations with the contractor. Therefore, a contingency amount of $3,000 has been added to cover any additional costs that might arise from these negotiations. The total estimated allotment for this item is $36,000. Item 3 - Lengthen Platform 100 Feet In late 2009, SCRRA revised its standards for platform design after the construction of the PMM facility had commenced. Coordination with the PVL designer revealed that the planned platform length of 800 feet would not be in compliance with the new design requirements. The platform was lengthened by 100 feet to meet the new standard. This revision resulted in civil and electrical changes that are estimated to cost $28,300 (civil) + $53,200 (electrical) _ $81,500. Final costs for these changes are still to be agreed with the contractor and a contingency amount of $4,500 is added for possible additional costs. The total estimated allotment for this item is $86,000. Item 4 - RTA Bus Signs RTA requested installation of digital signs on the canopies along the platform to alert customers of the estimated time of arrival for buses and the location for boarding. This request came near the end of construction and was added by Agenda Item 9E 61 contract change order (CCO). An understanding was reached with RTA to reimburse these costs, which are estimated to be $11,300. The CCO is based on actual cost of time and materials and a contingency amount of $1,700. The added estimated allotment for this item is $13,000. Construction management and Commission staff costs are not included in this amount. The actual construction cost is reimbursable from RTA. SUMMARY: The total of the increased expenditure authorization is $262,000. However, an estimated amount of $140,000 (for items 1 and 4) is reimbursable from the city of Perris and RTA, leaving an estimated net cost increase of $122,000 to be funded by Rail Proposition 1 B funds and Measure A funds. The FY 2009/10 rail capital budget includes $5 million in right of way acquisition expenditures for the Riverside Downtown facility that are not expected to be expended during the year. Accordingly, staff recommends the Commission approve an expenditure transfer of $262,000 from the layover facility project to the PMM facility project. ADDITIONAL EXPENDITURE AUTHORIZATION for EXTERNAL SCOPE ITEM: DESCRIPTION EST COST CONT TOTAL 1 OERM $121,00 ..001 $6,000.00— $127,000.00 2 San Jacinto Widening $33,000.00 $3,000.00' $36,000 00 3 W _ Lengthen platform _. ` $81,500.00 $4,500.00` $86,000 00.`' 4 RTA Bus Signs $11,300 00 $1,700.00 $13,000 00 ? $262,000.00' SS 1D0$96 This adjusts the total expenditure authorization for the PMM facility to $ 5, 662,000. Current Project Status The PMM facility was opened to the public on January 10, 2010, and bus service started the same day. Staff continues to work with LA Engineering on punch list items, contract close-out and claims issues. Staff proceeded with the implementation of the four listed items utilizing existing contingency. With the addition of the funds requested in this agenda item, staff currently forecasts that the project will be completed within the originally approved contract amount and the revised contingency. However, there are final issues to be resolved with the contractor and a further request for contingency may be needed. Agenda Item 9E 62 • • • Financial Information In Fiscal Year Budget: No Year: FY 2009/10 Amount: $262,000 Source of Funds: City of Perris $127,000 RTA $13,000 Rail Prop 1 B Funds $79,000 Budget Adjustment: Yes GL/Project Accounting No.: 003816 416 41203 221 33 41203 $140,000 003816 81301 221 33 81301 $262,000 Fiscal Procedures Approved: \A",_" Date: 03/15/10 Agenda Item 9E 63 • RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: April 14, 2010 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Robert Yates, Multimodal Services Director THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement with Sunesys LLC for the No Cost Provision of Fiber Optic Services in Exchange For a No Cost License Agreement WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 10-25-086-00 with Sunesys LLC for the provision of no cost fiber optic services in exchange for a no cost license agreement; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: Consistent with security installations at the Commission's commuter rail stations, nine closed circuit televisions (CCTV) cameras were installed at the Perris Multimodal (PMM) facility as part of the construction contract. Each camera is intended to transmit a signal to a digital video recorder (DVR) machine located on site in a refrigerated cabinet at the PMM facility. The recorded data is then intended to be transmitted to the Riverside Downtown Metrolink station where all CCTV installations are monitored by security personnel. DISCUSSION: In researching available options to transmit the recorded data to the Riverside Downtown Metrolink station, staff investigated three options: 1. Utilization of existing DSL services; 2. Utilization of high bandwidth internet services; and 3. Entering into a mutual agreement with Sunesys LLC for use of dark fiber. Agenda Item 9F 64 In researching the three options, it was determined that DSL service would not provide the bandwidth necessary for optimum viewing of the camera data resulting in a degraded security installation. It was also determined that high bandwidth internet service, while of sufficient capacity for proper camera operation, was prohibitively expensive at over $2,700 per month. The third option was a mutual agreement with Sunesys where, in exchange for a no cost license agreement for the installation of a dark fiber conduit crossing Commission -owned property at the PMM facility, fiber optic bandwidth would be made available by Sunesys at no cost to the Commission. Sunesys is a company that provides 'dark fiber' or fiber optic services to customers in the Perris area. .Sunesys network is also located along Vine Street in Riverside, which means that the connection to the Riverside Downtown M'etrolink station should be relatively simple. Accordingly, it was determined by staff that a connection to the Sunesys fiber optic system could be made that would provide sufficient bandwidth necessary for viewing the real-time video images at the Riverside Downtown Metrolink station. In reviewing this option, staff also noted that no other fiber optic company is in the area, therefore, the only competition to Sunesys would be the previously mentioned high bandwidth internet connection. Staff recommends that the Commission approve the mutual agreements with Sunesys for the no cost license agreement and no cost provision of fiber optic services. Approval of this recommendation will allow staff to complete the security installation at the PMM facility and provide security services in a most cost efficient manner. Financial Information In Fiscal Year Budget: N/A Year: FY 2009/10+ Amount: $0 Source of Funds: N/A Budget Adjustment: No GL/Project Accounting No.: Fiscal Procedures Approved: \I-te4,4,-v t, U a Date: 03/15/10 Attachments: 1) License Agreement Between the Commission and Sunesys, LLC. 2) Sunesys Dark Fiber License Agreement Agenda Item 9F • 65 ATTACHMENT 1 LICENSE AGREEMENT BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND SUNESYS, LLC This License Agreement ("Agreement") dated March _, 2010, ("Effective Date"), is made by and between RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and SUNESYS, LLC, a Delaware limited liability company ("SUNESYS"), as described below with respect to the following facts: RECITALS WHEREAS, RCTC is the owner of certain real property located in the City of Perris, County of Riverside, State of California, including a multimodal facility located at 201 C Street, Perris, California (the "RCTC Facility"); and WHEREAS, SUNESYS is a competitive telecommunications carrier licensed by the California Public Utilities Commission; and WHEREAS, SUNESYS has requested a license to allow it to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time an underground fiber optic communications system (hereinafter referred to as "System"), consisting of wires, underground conduits, cables, vaults, maintenance holes, handholes, and including enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for transmitting data, in, on, over, under, across and along that certain real property in the City of Perris, County of Riverside, State of California, described in Exhibit "A," and in the location shown on the drawing attached hereto as Exhibit `B". RCTC wishes to grant the requested license, subject to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth in this Agreement and other valuable consideration, receipt of which is hereby acknowledged, and intending to be legally bound, RCTC and SUNESYS agree as set forth below. 1. Grant of License. Subject to the terms and conditions set forth herein, RCTC hereby grants to SUNESYS a non-exclusive, revocable License to enter upon the RCTC's property in order to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time, the System in, on, over, under, across and along that certain real property in the City of Perris, County of Riverside, State of California, described in Exhibit "A," and in the location shown on the drawing attached hereto as Exhibit `B". The License granted to SUNESYS is (i) subject to all existing covenants, conditions, reservations, contracts, leases, licenses, easements, encumbrances, restrictions of rights of way with respect to the RCTC Facility, whether or not of record; and (ii) conditioned upon SUNESYS' complying with all of the terms and conditions of this Agreement and RCTC's terms and conditions regarding the performance of work upon the RCTC Facility. 66 2. Term and Termination. 2.1. Term. The term of this Agreement shall begin upon the Effective Date and shall expire twenty (20) years thereafter ("Term"). Upon the expiration of the initial term, this Agreement shall be renewed for up to five (5) additional terms of five (5) years each upon the terms and conditions set forth herein, unless either RCTC or SUNESYS shall have given the other party at least one hundred eighty (180) days written notice of its intent not to renew this Agreement prior to the expiration of the initial term or the then current renewal term. 2.2. Termination. 2.2.1. Termination for Material Breach. In the event of a material breach of this Agreement, the aggrieved party must give written notice to the breaching party which shall specify the nature of such breach, and shall further state that the breaching party shall have ten (10) days from the effective date of such notice to cure such breach, or if such cure cannot be completed within such period, such additional time as is reasonably determined by the aggrieved party to be necessary for the breaching party to complete such cure, at which time, if the breach is not cured, this Agreement shall be terminated immediately. 3. Conditions Precedent — As conditions precedent to this Agreement, SUNESYS shall have fulfilled the following requirements: 3.1. Approval of Plans. — SUNESYS shall have prepared plans and specifications for the portions of the Work to be performed on RCTC's Facility, and shall have obtained written approval of plans and specifications pertaining to the portions of the Work to be performed on RCTC's Facility from RCTC. 4. Improvements. 4.1. SUNESYS' Installation of Improvements. SUNESYS shall construct and install the Improvements as specified in Article 1 of this Agreement. 4.2. RCTC's Use of and Access to Improvements. During the Term, SUNESYS shall provide to RCTC, under the terns of a separate dark fiber license agreement (the "Dark Fiber License Agreement") which the parties are entering into contemporaneously herewith, use of two (2) strands of fiber being installed in that portion of the System shown on the drawing attached hereto as Exhibit B. 4.3.Ownership of Improvements. SUNESYS shall be the owner of its own personal property and equipment installed and used in the conduct of its business ("Equipment"), with all rights associated therewith, unless such Equipment shall have been abandoned by SUNESYS and ownership assumed by RCTC. 67 • • 5. Consideration. In consideration of the License granted herein, SUNESYS shall enter into and perform its obligations under the terms of the separate Dark Fiber License Agreement between SUNESYS and RCTC, and adhere to all other applicable provisions of this Agreement. 6. Operational Provisions 6.1. Permitted Use. SUNESYS shall use the RCTC Facility solely for the purpose of completing the Work, and providing telecommunications services to its customers ("Permitted Use"). Neither the RCTC Facility nor the portions of the System located on RCTC's Facility shall be used by SUNESYS for any other purpose. Nothing herein shall be deemed to limit SUNESYS' use of any portion of the System not located upon RCTC's Facility for any purpose, as long as such use does not interfere with RCTC's use and enjoyment of the portion of the System used to provide services to RCTC under the Dark Fiber License Agreement. 6.2. SUNESYS' Access to RCTC Facility. SUNESYS' access to the RCTC Facility shall be subject to all procedures reasonably adopted from time to time by the RCTC ("Access Procedures"). Only SUNESYS' employees, agents, and/or contractors retained by SUNESYS and who are identified in writing to RCTC by SUNESYS from time to time shall be permitted access to the RCTC Facility. SUNESYS shall be permitted to access the RCTC Facility twenty-four (24) hours a day, seven (7) days a week for emergency purposes as reasonably determined by SUNESYS. 6.3. Maintenance and Repairs. 6.3.1. During the Term, SUNESYS shall maintain and repair the System in good order, condition and repair. 6.3.2. Maintenance, Repair and Restoration — System. 6.3.2.1. Maintenance - RCTC Facility. If SUNESYS fails to maintain the System in good order, condition and repair, RCTC shall give SUNESYS notice to do such acts as are reasonably required to maintain the System. If, within three (3) days thereafter, SUNESYS fails to promptly commence such work and diligently prosecute it to completion, then, in addition to its other remedies under this Agreement, RCTC shall have the right to do such work and expend such funds at the expense of SUNESYS as are reasonably required to perform such work. Any amount so expended by RCTC shall be paid by SUNESYS promptly upon demand and interest shall accrue on any unpaid portion of such amount at the prime rate then established by Bank Of America N.E.S.& A plus two percent (2%) per annum, from the date of such work, but not to exceed the maximum rate then allowed by law. 68 6.3.2.2. Repair and Restoration, if SUNESYS, its agents or contractors cause any damage to RCTC's roads, infrastructure or other property and improvements (collectively "Property") in connection with the exercise of this License, SUNESYS shall repair and restore the Property to its original condition prior to SUNESYS' use of the RCTC Facility pursuant to this License. SUNESYS shall perform the repair and restoration required hereunder prior to the expiration of this license, or within three (3) days of the earlier termination of SUNESYS' rights hereunder. Relocation Right. Notwithstanding any provision of the Agreement to the contrary, RCTC shall have the right to require that SUNESYS permanently relocate the System from the initial location upon the RCTC Facility to another available location on the RCTC Facility at any time during the Term if deemed necessary by RCTC pursuant to the provisions of this Article 7. In order to exercise this right of relocation, RCTC shall deliver to SUNESYS at least six (6) months prior written notice (the "Relocation Notice") setting forth RCTC's exercise of such right and a description of the proposed relocation site (the "Proposed Sits"). The Proposed Site shall be subject to SUNESYS' reasonable approval as a site feasible for the operation of System. SUNESYS shall have the right to disapprove of the new site if in SUNESYS' good faith judgment the new site will not be suitable for SUNESYS' use and operations as contemplated on the Effective Date. RCTC shall reimburse SUNESYS for the reasonable costs incurred by SUNESYS in relocating the System at RCTC's request. 7. Permits and Regulations. SUNESYS shall comply with all applicable laws, ordinances and regulations, including but not limited to all applicable environmental and safety requirements, and shall be responsible for securing any required approvals, permits and authorizations from any federal, state, or local agencies, at SUNESYS' sole cost and expense. 8. No Transfer or Assignment. This License is personal to the SUNESYS. Any attempt to transfer or assign this License without prior written consent from ROTC, except to a person controlling, controlled by or under common control with SUNESYS or acquiring substantially all of the assets of Sunesys used to provide services in the market in which the System is located shall terminate it. 9. Lien Free Condition. SUNESYS shall not cause or permit any liens to be placed against the RCTC Facility or against RCTC's other property as a result of construction, installation, or maintenance by or behalf of SUNESYS. In the event of the filing of any such liens, SUNESYS shall promptly (but in no event more than thirty (30) days) cause such liens to be removed or bonded off the RCTC Facility. 10. Indemnification. To the fullest extent permitted by law, SUNESYS shall indemnify, defend and hold harmless RCTC, its officers, agents, and employees from and against any claims, damages, costs, expenses, or liabilities (collectively, "Claims") arising out of or in any way connected with this License, including without limitation, Claims for loss or damage to any property or for • 69 • • death or injury to any person or persons, except that SUNESYS shall not be obligated to indemnify, defend or hold harmless the RCTC, its officers, agents and employees for Claims caused by the sole negligence of the RCTC. 11.Insurance. 11.1. SUNESYS' Insurance. SUNESYS, at its sole cost and expense, shall insure its activities in connection with this Agreement and obtain, keep in force and maintain insurance as follows: 11.1.1. Commercial Form General Liability Insurance (contractual liability included) with minimum limits as follows: (i) Each Occurrence $5,000,000 (ii) Products/Completed Operations Aggregate $5,000,000 (iii)Personal and Advertising Injury $2,000,000 (iv)General Aggregate $5,000,000 If such insurance is written on a claims -made form, it shall continue for three (3) years following termination of this Agreement. The insurance shall have a retroactive date of placement prior to or coinciding with the commencement date of this Agreement. 11.1.2. Business Automobile Liability Insurance for owned, scheduled, non -owned, or hired automobiles with a combined single limit no less than Five Million Dollars ($5,000,000.) per occurrence. 11.1.3. Worker's compensation and employer's liability insurance in a form and amount covering SUNESYS' full liability under the Worker's Compensation Insurance and Safety Act of the State of California, as amended from time to time. 11.1.4. Property insurance, Special Form (All Risk, including earthquake and flood), in an amount sufficient to reimburse SUNESYS for all of its Equipment, fixtures and personal property located on or in the RCTC Facility including, improvements hereinafter constructed or installed. This insurance shall also include business income/interruption and extra expense coverages, with coverage amounts that shall reimburse SUNESYS for all direct or indirect loss of income and charges and costs incurred arising out of perils commonly insured against including prevention of, or denial of use of or access to the RCTC Facility as a result of those perils. The business income and extra expense coverage shall provide coverage for no less than twelve (12) months of the loss of income, charges and costs contemplated under this Agreement and shall be carried in amounts necessary to avoid any co-insurance penalty that could apply. 70 11.1.5. Such other insurance in such amount which from time to time may be reasonably required by the mutual consent of RCTC and SUNESYS against other insurable risks relating to performance. The insurance and the coverage referred to under this Section shall be endorsed to include the "The Regents of the RCTC of California" as an additional insured. SUNESYS, prior to execution of this Agreement, shall furnish the RCTC with Certificates of Insurance and additional insured endorsements evidencing compliance with the requirements of this Section. Certificates shall provide for thirty (30) days advance written notice to RCTC of any modification, change or cancellation of any of the above insurance coverages. The coverage required herein shall not in any way limit the liability of SUNESYS, its officers, agents, partners, or employees; provided, however, that neither party shall be liable for consequential damages, lost profits, or punitive damages for claims arising under this agreement. 12.Order of Precedence. In the event a conflict arises between these terms of this Agreement and the provisions of the Dark Fiber License Agreement, this Agreement will govern unless this Agreement expressly provides otherwise. No term or provision set forth or cross-referenced in any work order, purchase order or payment documentation will be construed to amend, add to, or supersede any provision of this Agreement. 13. Miscellaneous. 13.1. Applicable Law. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California. 13.2. No Interference. SUNESYS shall not interfere with the normal operation and activities of RCTC and SUNESYS shall conduct its activities on the RCTC Facility to minimize damage to the RCTC Facility and inconvenience to RCTC, its agents, employees and invitees. 13.3. Alteration in Writing. This Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. No alteration or variation of this Agreement shall be valid unless made in writing and signed by RCTC and SUNESYS. 13.4. Notices. Unless otherwise expressly set forth elsewhere in this Agreement, all notices and other communications required or permitted under this Agreement shall be in writing and shall be given by United States first class mail, postage prepaid, registered or certified, return receipt requested, by recognized national overnight service or by hand delivery (including by means of a professional messenger service) addressed to the party for whom it is intended at its address set forth below and any such notice or other communication shall be deemed to be effective on the date given if given by • • 71 • • • hand delivery, on the day after the date sent if sent by overnight service, or on the date stated on the certified or registered mail receipt. Either party may by similar notice given change the address to which future notices or other communications shall be sent. To RCTC: Riverside County Transportation Commission 4080 Lemon Road, 3`d Floor P.O. Box 12008 Riverside, CA 92502-2208 Attn: And a copy to: [Insert Name and Address] To SUNESYS: SUNESYS, LLC 185 Titus Avenue Warrington, PA 18976 Attn: Senior Vice President — Operations And a copy to: SUNESYS, LLC 185 Titus Avenue Warrington, PA 18976 Attn: Senior Counsel 13.5. Authority. Each of the individuals executing this Agreement on behalf of the SUNESYS and the RCTC represents to the other party that such individual is authorized to do so by requisite action of the party to this Agreement. 13.6. Attorneys' Fees. SUNESYS shall reimburse RCTC upon demand for any attorneys' fees and costs incurred by RCTC in connection with the License granted SUNESYS under this Agreement, including, without limitation, the enforcement of any of its rights hereunder. Additionally, the prevailing party in any lawsuit or action based upon this Agreement shall, in addition to any other relief granted therein, be entitled to its reasonable attorneys' fees and costs. 13.7. Severability. if any term or provision of this Agreement shall be held invalid or unenforceable to any extent under applicable law by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision shall be valid and enforceable to the fullest extent permitted by law. 72 13.8. No Recordation. SUNESYS shall not record this Agreement nor any memorandum or short -form hereof 13.9. Time is of the Essence. Time is of the essence with respect to performance of every provision of this Agreement. 13.10. Nondiscrimination. SUNESYS shall not maintain or provide racially segregated facilities for employees at any establishment under its control. SUNESYS agrees to adhere to the requirements set forth in Executive Orders 11246 and 11375, and with respect to activities occurring in the State of California, to the California Fair Employment and Housing Act (Government Code section 12900 et seq.) Expressly, SUNESYS shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, medical condition (as defined by California Code section 12925f), marital status, age, physical and mental handicap in regard to any position for which the employee or applicant for employment is qualified, or because he or she is a disabled veteran or veteran of the Vietnam era. • • • 73 • IN WITNESS WHEREOF, we have hereunto set our hands this _ day of , 2010. RCTC: RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Its: Date: SUNESYS: SUNESYS,LLC By: [NAME] [TITLE] Date: • 74 • • • EXHIBIT A DESCRIPTION OF THE PROPERTY OF THE LICENSED RCTC FACILITY 75 EXHIBIT B DRAWING SHOWING THE LOCATION OF THE SYSTEM • • 76 ATTACHMENT 2 DARK FIBER LICENSE AGREEMENT This DARK FIBER LICENSE AGREEMENT (the "Agreement") is made as of _ 200_ between SUNESYS, LLC, having a place of business at 185 Titus Avenue, Warrington, PA 18976 ("SUNESYS") and RIVERSIDE COUNTY TRANSPORTATION COMMISSION, having a place of business at 4080 Lemon Street, 3rd Floor P.O. Box 12008, Riverside, CA 92502-2208 ("Licensee"). WHEREAS, SUNESYS has or intends to acquire easements, conduit rights, pole attachment and license agreements to construct, install, operate, maintain, modify, replace or remove a point to point communications transmission system between and (the "Route"); and WHEREAS, SUNESYS has or intends to install, construct, operate and maintain a (redundant) optical fiber communication transmission system on utility poles or within conduit systems located on the Route (collectively, "SUNESYS' Conduit System") consisting of at least U strands of optical fiber; and WHEREAS, Licensee desires a license to use two (2) strands of such optical fiber along the portion of the Route shown in the drawing attached hereto as Exhibit A; and WHEREAS, SUNESYS agrees to grant such license subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. DEFINITIONS As used in this Agreement: 1.1 "Authorized Use" means a business purpose of Licensee's optical fiber telecommunications network for telecommunication traffic of Licensee or its employees, officers or agents. 1.2 "Dark Fiber" means one or more fiber optic strands subject to this Agreement through which an associated light, signal or light communication transmission must be provided to furnish service. 1.3 "Fiber Optic Facilities" means a certain fiber optic cable composed of at least ( ) strands of single mode optical fiber, which cable is owned by SUNESYS and installed along the Route. 1.4 "Hazardous Substances" include any substance the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law or any substance which is or becomes defined as "Hazardous Waste," "Hazardous Substance," pollutants, toxic substances, compounds, elements, or chemicals pursuant to the Comprehensive Environmental Response Act (42 U.S.C. $ 651 et seq.), as amended, or any other federal, state or local environmental cleanup laws. Hazardous Substances also include asbestos, lead paint, Polychlorinated Biphenyls ("PCBs") and radon gas. 1.5 "Hazardous Discharge" means any releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, disposing, or dumping of Hazardous Substances from, in, or onto SUNESYS' Conduit System. 1.6 "Licensee's Fiber Optic Facilities" means two (2) Strands, as designated by SUNESYS, of Dark Fiber within the Fiber Optic Facilities along the portion of the Route shown in the drawing attached hereto as Exhibit A. Page 1 of 11 77 SUNit-sAr ► 1.7 "Strands" means individual fiber optic strands within the Fiber Optic Facilities. 1.8 "Taxes" means all sales, use, gross receipts, excise, access, bypass and other local, state and federal taxes, charges, fees and surcharges (including, without limitation, telecommunications taxes, universal service fees and other similar charges), however designated, imposed on or based upon the provision, lease, license, sale or use of Licensee's Fiber Optic Facilities, but excluding any taxes assi.ssed upon the net income or imposed upon the capital of SUNESYS. 2. GRANT OF LICENSE SUNESYS grants to Licensee and Licensee accepts from SUNESYS an exclusive and indefeasible license solely for Authorized Use of Licensee's Fiber Optic Facilities in SUNESYS' Conduit System (the "License"), as provided in this Agreement. Licensee shall have no further right, title or other interest in SUNESYS' Conduit System, the Fiber Optic Facilities or in Licensee's Fiber Optic Facilities. SUNESYS shall have the right to grant and renew rights to any entity to use SUNESYS' Conduit System, the Fiber Optic Facilities or any other property of SUNESYS; provided, however, that during the term of this Agreement, SUNESYS shall have no right to grant and renew any rights to any entity with respect to Licensee's Fiber Optic Facilities. 3. WORK 3.1 SUNESYS shall use best efforts to provide, construct and install the Fiber Optic Facilities within SUNESYS' Conduit System along the Route on or before 200_ (the "Completion Date"). SUNESYS covenants that the segments of the Fiber Optic Facilities along the Route that it constructs pursuant hereto shall be constructed substantially and in all material respects in accordance with standard outside plant specifications. Work shall include the labor and materials. There are no additional costs associated with this section of the Agreement and the full license fee detailed in Section 4 below includes the labor and material described herein. 3.2 SUNESYS shall test all of Licensee's Fiber Optic Facilities to verify that Licensee's Fiber Optic Facilities are installed and operational in accordance with standard fiber optic specifications. When SUNESYS has determined that the results of the testing with respect to the entire span show that Licensee's Fiber Optic Facilities so tested are installed and operating in accordance with such specifications, SUNESYS shall promptly notify Licensee in writing. 3.3 If and when SUNESYS gives written notice to Licensee that the Fiber Optic Facilities are complete, Licensee shall provide SUNESYS with written notice accepting (or rejecting by specifying the defect or failure in the testing that is the basis for such rejection) Licensee's Fiber Optic Facilities. If Licensee fails to notify SUNESYS of its acceptance or rejection of the final test results with respect to Licensee's Fiber Optic Facilities within fifteen (15) days after Licensee's receipt of notice from SUNESYS of such test results, Licensee shall be deemed to have accepted Licensee's Fiber Optic Facilities. If, during the course of such construction, installation and testing, any material deviation from standard specifications is discovered, the construction or installation of the affected portion of the segment shall be repaired to such specification by SUNESYS. The date of such notice of acceptance (or deemed acceptance) of all Licensee's Fiber Optic Facilities for the Route shall be the "Acceptance Date" for the Route. 4. LICENSE FEE 4.1 In lieu of payment of a license fee for the Licensee's Fiber Optic Facilities, Licensee and SUNESYS have entered into a separate License Agreement dated of even date herewith pursuant to which Licensee, as grantor, has granted to SUNESYS, as grantee, a license to install the System (as such term is described in the License Agreement) upon the RCTC Facility (as such term is described in the License Agreement). Page 2 of 11 78 • • • SUNE`�. 4.2 In addition to the License fee, Licensee shall pay to SUNESYS all Taxes. Such Taxes may be separately stated on the applicable invoice. 4.3 Except as otherwise specifically provided, Licensee shall pay all applicable fees and charges provided for in this Agreement, within thirty (30) days after receipt of invoice. 4A In the event that an invoice remains unpaid by Licensee for a period of forty five (45) days after Licensee's receipt of invoice, then Licensee shall be subject to a late payment charge of one and one-half (1 %%) percent per month of the unpaid balance or the highest lawful rate, whichever is less. 5. LICENSE TERM The term of the License shall commence on the Acceptance Date and shall continue for twenty (20) years from the Acceptance Date. Upon the expiration of the initial term of this Agreement, this Agreement shall renew for up to five (5) additional terms of five (5) years each upon the terms and conditions set forth herein unless either party shallgive to the other party at least one hundred eighty (180) days prior written notice of its intent to terminate this Agreement upon the expiration of the then current term or renewal term. 6. MAINTENANCE AND OPERATION 6.1 SUNESYS shall maintain Licensee's Fiber Optic Facilities. Licensee shall cooperate with and assist, as may be reasonably required, SUNESYS in performing said maintenance. In the event of service outages or other maintenance request, SUNESYS agrees to use best efforts to respond within two (2) hours of time of notice. 6.2 Notwithstanding anything to the contrary contained herein, Licensee shall solely be responsible, at its own expense, for the constmction, installation, operation, maintenance, repair and any other activity engaged by or on behalf of Licensee relating to all light communications transmission equipment and other terminal equipment and facilities required in connection with the use, electronics or signals of Licensee's Fiber Optic Facilities. 6.3 SUNESYS shall be responsible for all necessary splicing, including any splicing required to connect Licensee's Fiber Optic Facilities provided under this Agreement to any other fiber serving Licensee. Licensee shall pay SUNESYS the cost of SUNESYS' performing such splicing at SUNESYS' then current rates for such work. Licensee shall be responsible for the construction, installation, maintenance and repair of any laterals required to connect Licensee's Fiber Optic Facilities provided under this Agreement to any termination point outside the portion of the Route shown on Exhibit A, attached hereto. 6.4 Should any splices or other work not be placed and maintained in accordance with the provisions of this Agreement by Licensee or at Licensee's direction, SUNESYS, at its option, may correct said condition. SUNESYS shall notify Licensee in writing prior to performing such work whenever practicable. However, when such conditions pose an immediate threat to the physical integrity of SUNESYS' facilities, SUNESYS may perform such work and take such action that it deems necessary without first giving notice to Licensee. As soon as practicable thereafter, SUNESYS shall advise Licensee of the work performed and the action taken and shall endeavor to arrange for re -accommodation of Licensee's Fiber Optic Facilities so affected. Licensee shall promptly reimburse SUNESYS for all reasonable costs incurred by SUNESYS for all such work, action and re -accommodation performed by SUNESYS. 6.5 Licensee shall, at its sole cost and expense, promptly respond to and remediate any Hazardous Discharge to and from SUNESYS' Conduit System resulting from Licensee's operations. 6.6 SUNESYS shall be responsible for obtaining and maintaining from the appropriate public or private authority any pole attachment agreements, franchises, licenses, state, local or right-of-way permits or other authorizations required to enter upon the property where SUNESYS' Conduit System is located and to Page 3of11 79 SO-- operate and maintain Licensee's Fiber Optic Facilities in SUNESYS' Conduit System. Licensee will not engage in any activity that affects SUNESYS' right-of-way interests without the written permission of SUNESYS. 6.7 Licensee, at its sole cost and expense, shall (i) use Licensee's Fiber Optic Facilities and (ii) conduct all work in or around SUNESYS' Conduit System in a safe condition and in a manner reasonably acceptable to SUNESYS, so as not to physically, electronically or inductively conflict or interfere or otherwise adversely affect SUNESYS' Conduit System or the facilities placed therein by SUNESYS, or other authorized licensees of the Fiber Optic Facilities. 6.8 Prior to Licensee's performing any work in or around SUNESYS' Conduit System, Licensee shall obtain prior written authorization from SUNESYS approving (a) any further work Licensee is directing to be performed and (b) the party performing such work. 6.9 In the event Licensee receives information that the Fiber Optic Facilities are damaged, it shall notify SUNESYS of said damage by phone at 800.286.6664. In the event SUNESYS receives information that Licensee's Fiber Optic Facilities are damaged, SUNESYS will notify Licensee of said damage by phone at: ( ) _-_ In each case, the caller shall provide the following information: 1. Name of entity making report. 2. Location reporting problem. 3. Name of contact person reporting problem. 4. Description of the problem in as much detail as possible. 5. Time and date the problem occurred or began. 6. State whether or not the problem presents a jeopardy situation to SUNESYS' Conduit System or Licensee's Fiber Optic Facilities. 6.10 SUNESYS shall designate the particular Strands of Dark Fiber that will constitute Licensee's Fiber Optic Facilities and the location and manner in which they will enter and exit SUNESYS' Conduit System. 7. OWNERSHIP Licensee's Fiber Optic Facilities shall at all times remain the sole and exclusive property of SUNESYS and legal title shall be held by SUNESYS. Neither the provision or the use of Licensee's Fiber Optic Facilities by SUNESYS to Licensee hereunder, nor the payments by Licensee contemplated hereby, shall create or vest in Licensee any easement, interest, or any other ownership or property right of any nature in Licensee's Fiber Optic Facilities or Strands, except that SUNESYS agrees to Licensee's right to use Licensee's Fiber Optic Facilities for Authorized Use during the term of this Agreement. Licensee shall not grant any security interest in the Licensee's Fiber Optic Facilities or any part or component thereof. 8. EMINENT DOMAIN If there is a taking of Licensee's Fiber Optic Facilities by right or threat of eminent domain (a "Taking") which, as agreed by the parties, or in the absence of such agreement as determined pursuant to the provisions of Section 16 of this Agreement, results in the remainder of Licensee's Fiber Optic Facilities being unable to be restored to a condition suitable for Licensee's business need within thirty (30) days from the date of the Taking ("Substantial Taking"), this Agreement shall terminate. In such event any periodic licensee fee and/or maintenance fee shall abate from the date of Taking. If there shall be a Taking which does not constitute a Substantial Taking, this Agreement shall not terminate but SUNESYS, with due diligence and its best efforts, shall restore Licensee's Fiber Optic Facilities as speedily as practical to its condition before the Taking. Page 4 of 11 80 • 9. INDEMNIFICATION 9.1 Except for the gross negligence or willful misconduct of a Party hereto and except where a specific remedy is provided in this Agreement, the liability of each Party to the other Party for damages will be limited to the Monthly Lease Payments paid or payable by Licensee for the Lease Term during which the damages were incurred. In no event will either Party be liable to the other Party for any incidental, indirect, special, consequential, exemplary, or punitive damages arising out of or relating to this Agreement, the lease granted hereunder, the leased fiber provided hereunder, including damages based on loss of revenues, profits or lost business opportunities, regardless of whether the respective Party has been advised of or could have foreseen the possibility of such damages. 92 Each Party agrees to indemnify, defend and hold the other, its officers, directors, employees, agents, contractors and its successors and assigns from and against any claims, liabilities, losses, damages, fines, penalties, and costs (including reasonable attorneys' fees), by reason of any claims or actions by third parties for (I) bodily injury, including death, (II) damage, loss or destruction of any tangible personal property (including without limitation the Fiber Optic Conduit System) which third party claims arise out of or relate to (a) any product or services provided by or on behalf of SUNESYS hereunder, (b) a Party's performance of or failure to perform any material term, condition or obligation under this Agreement, (c) any act or omission of a Party's directors, agents, employees, contractors, representatives or invitees, or (d) Licensee's or its employees', officers', agents' or Affiliates' use of the Fiber Optic Facilities and conduct of their respective businesses including without limitation the content of any video, voice or data carried by Licensee or its customers on the Fiber Optic Facilities. 9.3 Except as otherwise set forth in this Agreement, nothing contained herein will operate as a limitation on the right of either Party to bring action for damages against any third party based on any act or omission of such third party as such act or omission may affect the construction, operation, or use of the Fiber Optic Facilities. Fart Party agrees to execute such documents and provide such commercially reasonable assistance, at the claiming Party's sole expense, as may be reasonably necessary to enable the claiming Party to pursue any such action against such third party. 10. INSURANCE The Parties shall both obtain and maintain insurance issued by one or more reputable insurance carriers which protects the Parties from and against all claims, demands, causes of action, judgments, costs, including attorneys' fees, expenses and liabilities of insurable kind and nature which may arise or result directly or indirectly from or by reason of such loss, injury or damage that in any way arises from or is related to this Agreement or activities undertaken pursuant to this Agreement. 11. COMPLIANCE WITH LAWS Notwithstanding anything to the contrary in this Agreement, the Parties shall ensure that any and all activities they perform pursuant to this Agreement shall comply with all applicable laws. Without limiting the generality of the foregoing, the Parties shall comply with all applicable provisions of i) workmen's compensation laws, ii) unemployment compensation laws, iii) the Federal Social Security Law, iv) the Fair Labor Standards Act, and v) all laws, regulations, rules, guidelines, policies, orders, permits, and approvals of any governmental authority relating to environmental matters and/or occupational safety. 12. DISCLAIMER OF WARRANTIES EXCEPT AS SPECIFICALLY SET FORTII IN THIS AGREEMENT, SUNESYS MAKES NO WARRANTIES REGARDING THE SERVICES OR DELIVERABLES PROVIDED UNDER THIS AGREEMENT AND MAKES NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 13. SUNESYS' SALES OR DISPOSITIONS Page 5 of 11 81 SUN Nothing in this Agreement shall prevent or be construed to prevent SUNESYS from selling or otherwise disposing of any portion of SUNESYS' Conduit System, the Fiber Optic Facilities or other property of SUNESYS used for Licensee's Fiber Optic Facilities, provided, however, that in the event of a sale or other disposition, SUNESYS shall condition such sale or other disposition subject to the rights of Licensee under this Agreement. SUNESYS shall promptly notify Licensee of the proposed disposition of SUNESYS' Conduit System, Fiber Optic Facilities or other property used by Licensee. 14. LIENS Licensee shall keep SUNESYS' Conduit System, Fiber Optic Facilities (including Licensee's Fiber Optic Facilities) and other property of SUNESYS free from all mechanic's, artisans, materialman's, architect's, or similar services' liens which arise in any way from or as a result of Licensee's activities and cause any such liens which may arise to be discharged or released immediately upon notification that any such lien has attached to SUNESYS' property. 15. DEFAULT PROVISIONS AND REMEDIES 15.1 Each of the following shall be deemed an Event of Default by Licensee under this Agreement: 15.1.1 Failure of Licensee to pay the license fee or any other sum required to be paid under the terms of this Agreement and such default continues for a period of fourteen (14) days after written notice thereof to Licensee; 15.1.2 Failure by Licensee to perform or observe any other terms, covenant, agreement or condition of this Agreement on the part of Licensee to be performed and such default continues for a period of thirty (30) days after written notice thereof from SUNESYS (provided that if such default cannot be cured within such thirty (30) day period, this period will be extended if Licensee commences to cure such default within such thirty (30) day period and proceeds diligently thereafter to effect such cure); 15.1.3 The filing of a tax or mechanic's lien against SUNESYS' Conduit System, Fiber Optic Facilities or other property of SUNESYS which is not bonded or discharged within thirty (30) days of the date Licensee receives notice that such lien is filed; 15.1.4 An event of Licensee's bankruptcy (whether voluntary or involuntary) or the finding that Licensee is insolvent or unable to pay its debts as they come due or the appointment of a receiver for Licensee's properties, if such bankruptcy, finding or appointment is not dismissed or resolved within sixty (60) days of any official filing of bankruptcy, insolvency or appointment in a court of competent jurisdiction; 15.1.5 If Licensee knowingly uses Licensee's Fiber Optic Facilities in violation of any law or in aid of any unlawful act or undertaking; 15.1.6 If Licensee occupies any portion of SUNESYS' Conduit System without having first been issued a license therefore; or 15.2 Upon the occurrence of an Event of Default, SUNESYS, without further notice to Licensee in any instance (except where expressly provided for below or by applicable law) may do any one or more of the following: 15.2.1 Perform, on behalf and at the expense of Licensee, any obligation of Licensee under this Agreement which Licensee has failed to perform and of which SUNESYS shall have given Licensee notice, the cost of which performance by SUNESYS shall be payable by Licensee to SUNESYS upon demand; 15.2.2 Elect to terminate Agreement by giving notice of such election to Licensee, in which event all of the remaining recurring license tees payable for the Term of this Agreement shall become immediately due and payable by Licensee; Page 6 of 11 • • 82 • Agreement: Agreement. 152.3 Exercise any other legal or equitable right to remedy that it may have. 15.3 All rights and remedies of SUNESYS set forth in this Agreement shall. be cumulative, and none shall exclude any other right or remedy, now or hereafter allowed by or available under any statute, ordinance, rule of court, or the common law, either at law or in equity, or both. 15.4 The following events or occurrences shall constitute a default by SUNESYS under this 15.4.1 Any material noncompliance by SUNESYS with the terms of this agreement; 15.4.2 Any material breach by SUNESYS of a representation or warranty under this Licensee shall give prompt written notice to SUNESYS of the occurrence of any default under this Agreement. If such default continues for seven (7) days after receipt of such notice (provided that if such default cannot be cured within such seven (7) day period, this period will be extended if SUNESYS continues to cure such default within such seven (7) day period and proceeds diligently thereafter to effect such cure), Licensee may at its option, terminate this Agreement and pursue any legal remedies it may have at law or equity. 15.5 Any reasonable costs and expenses incurred by a party (including, without limitation, reasonable attorneys' fees) in enforcing any of its rights or remedies under this Agreement shall be repaid to the party by the breaching Party upon demand. 16. DISPUTES RESOLUTION If a dispute arises out of or relates to this Agreement or its breach and the dispute cannot be settled through direct negotiation between the parties, the parties agree to submit the dispute to a sole mediator selected by the parties, or, at any time at the option of a party, to mediation by the AAA. If such dispute is not resolved as a result of such mediation, it will be referred to a sole arbitrator selected by the parties within thirty (30) days after the mediation or in the absence of such selection to AAA arbitration which shall be governed by the United States Arbitration Act and judgment on the award may be entered in any court having jurisdiction. The arbitration shall determine issues of arbitrability, but may not limit, expand or otherwise modify the terms of this Agreement. The parties, their representatives and other participants and the mediator and arbitrator shall hold the existence, content and results of mediation and arbitration in confidence. Each party will bear its own attorneys' fees associated with the mediation and arbitration and will pay all other costs and expenses of the mediation and arbitration as the rules of the AAA provide. 17. FORCE MAJEURE Except for payment of the license fee and any other amounts agreed to by the parties, neither party shall have any liability for its delays or its failure to perform due to: fire, explosion, pest damage, power failures, strikes or labor disputes, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, or other causes beyond its control, whether or not similar to the foregoing. 18. SUCCESSION, ASSIGNABILITY 18.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors or assigns. 18.2 Licensee shall not assign, transfer, or dispose this Agreement or any of its rights or obligations hereunder without prior written consent of SUNESYS, which consent shall not be unreasonably withheld; provided, however, that Licensee may assign or transfer this Agreement to a controlling or controlled Page 7 of 11 83 SUNWNS affiliate or to a successor in the event of reorganization, including a merger or sale of substantially of all its assets (an "Affiliate"), without the consent of the other party. An assignment, transfer or disposition of this Agreement by Licensee shall not relieve Licensee of any of its obligations under this Agreement. Notwithstanding the foregoing, Licensee shall not have the right to sub -license to any third party the right to use or the use of Licensee's Fiber Optic Facilities. 18.3 Neither this Agreement, nor any term or provision hereof, nor any inclusion by reference shall be construed as being for the benefit of any person or entity not a signatory hereto. 19. NOTICES Any demand, notice or other communication to be given to a party in connection with this Agreement shall be given in writing and shall be given by personal delivery by registered or certified mail, return receipt requested, by telecopy or commercial overnight delivery service addressed to the recipient as set forth as follows or to such other address, individual or telecopy number as may be designated by notice given by the party to the other: SUNESYS: SUNESYS,LLC 185 Titus Avenue Warrington, PA 18976 Attention: Senior Counsel Fax Number: 267.927.2099 LICENSEE: Riverside County Transportation Commission 4080 Lemon Road, 3`d Floor P.O. Box 12008 Riverside, CA 92502-2208 Attn: Fax Number: ( ) _ _ Any demand, notice or other communication given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof and, if given by registered or certified mail return receipt requested on the date of receipt thereof and, if given by telecopy, the day of transmittal thereof if given during the normal business hours of the recipient and on the next business day if not given during normal business hours. 20. NON -WAIVER No course of dealing, course of performance or failure of either party strictly to enforce any term, right or condition of this Agreement shall be construed as a waiver of any term, right or condition. 21. CHOICE OF LAW The construction, interpretation and performance of this Agreement shall be governed by the law of the State of California without regard to its conflicts of laws provisions. 22. HEADINGS All headings contained in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement or any clause. Page 8 of 11 84 • 23. CONFIDENTIALITY AND PROPRIETARY INFORMATION 23.1 In connection with this Agreement, either party may furnish to the other certain information that is marked or otherwise specifically identified as proprietary or confidential ("Confidential Information"). This Confidential Information may include, among other things, private easements, licenses, utility agreements, permits, other right-of-way granting documents, specifications, designs, plans, drawings data prototypes, and other technical and/or business information. For purposes of this Section 23, the party that discloses confidential Information is referred to as the "Disclosing Party", and the party that receives Information is referred to as the "Receiving Party". 23.2 When Confidential Information is furnished in tangible form, the Disclosing Party shall mark it as proprietary or confidential. When Confidential Information is provided orally, the disclosing Party shall, at the time of disclosure or promptly thereafter, identify the Confidential Information as being proprietary or confidential. 23.3 With respect to Confidential Information disclosed under this Agreement, the Receiving Party and its employees shall: (a) hold the Confidential Information in confidence, exercising a degree of care not less than the care used by the Receiving Party to protect its own proprietary or confidential information that it does not wish to disclose. (b) restrict disclosure of the Confidential Information solely to those of its employees and such Receiving Party's counsel and outside auditors who (i) have a need to know in connection with the performance of this Agreement, and (ii) agree to be bound by the confidentiality obligations set forth herein; and not disclose the Confidential Information to any other person or entity without the prior written consent of the Disclosing Party; (c) advise those employees of their obligations with respect to the Confidential Information; and (d) use the Confidential Information only in connection with the performance of this Agreement, except as the Disclosing Party may otherwise agree in writing. 23.4 Confidential Information shall be deemed the property of the Disclosing Party. Upon written request of the Disclosing Party, the Receiving Parry shall return all Confidential Information received in tangible form, except that each party's legal counsel may retain one copy in its files solely to provide a record of such Confidential Information for archival purposes. If the Receiving Party loses or makes an unauthorized disclosure of Confidential Information it shall notify the Disclosing Party and use reasonable efforts to retrieve the Confidential Information. 23.5 The Receiving Party shall have no obligation to preserve the proprietary nature of Confidential Information which: (a) was previously known to the Receiving Party free of any obligation to keep it confidential; or. (b) is or becomes publicly available by means other than unauthorized disclosure; or (c) is developed by or on behalf of the Receiving Party independently of any Confidential Information furnished under this Agreement; or (d) is received from a third party whose disclosure does not violate any confidentiality obligation to the knowledge of the receiving party. Page 9 of 11 85 S 23.6 If the Receiving Party is required to disclose the Disclosing Party's Confidential Information by an order or a lawful process of a court or governmental body, the Receiving Party shall promptly notify the disclosing Party, and shall cooperate with the Disclosing Party in seeking reasonable protective arrangements before the Confidential Information is produced. 23.7 Each party agrees that the Disclosing Party would be irreparably injured by a breach of this Section 23 by the Receiving Party or its representatives and that the Disclosing Party may be entitled to equitable relief, including injunctive relief and specified performance, in the event of any breach of the provisions of this Section 23. Such remedies shall not be deemed to be the exclusive remedies for a breach of this Section 23, but shall be in addition to all other remedies available at law or in equity. 24. REQUIRED RIGHTS SUNESYS covenants that it will, to the best of its knowledge, have obtained by the time the Licensee's Fiber Optic Facilities are made available to Licensee (and will use commercially reasonable efforts to cause to remain in effect during the term of this Agreement) easement, leases, licenses, fee interests, rights of -way, permits, authorizations and other rights necessary and requisite to enable SUNESYS to grant the License to Licensee ("Required Rights"). Subject to the foregoing obligations of SUNESYS, Licensee is accepting the License on an "AS IS, WHERE IS" basis and receiving its interests in Licensee's Fiber Optic Facilities only to the extent such interests are held by SUNESYS. 25. REPRESENTATIONS AND WARRANTIES Each party represents and warrants that: (i) it has full right and authority to enter into, execute, deliver and perform its obligations under this Agreement; (ii) this Agreement constitutes a legal, valid and binding obligation enforceable against such party in accordance with its terms, subject to bankruptcy, insolvency, creditors' rights and general equitable principles; and (iii) its execution of and performance under this Agreement shall not violate any applicable existing regulations, rules, statutes or court orders of any local, state or federal government agency, court, or body. 26. CALIFORNIA PUBLIC UTILITY COMMISSION REVIEW This Agreement shall not become finally effective until it has been submitted to the California Public Utility Commission for review and the time for such review has expired. 27. ENTIRE AGREEMENT The terms and conditions contained in this Agreement supersede all prior oral or written understandings between the parties and constitute the entire agreement between them concerning the subject matter of this Agreement. There are no understandings or representations, express or implied, not expressly set forth in this Agreement. This Agreement shall not be modified or amended except by a writing signed by the party to be charged. [Signatures appear on the following page.] Page 10 of 11 86 • • IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives. Page 11 of 11 87 SUNESYS,LLC By: Name: Title: Date: RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Name: Title: Date: • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 14, 2010 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Min Saysay, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement with Epic Land Solutions, Inc. to Provide Property Management Support Services WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 10-51-074-00 with Epic Land Solutions, Inc. (Epic), for property management support services for Commission -owned parcels for two years in an not to exceed amount of $970,000, and one option year for an additional $485,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement, including the option year, on behalf of the Commission. BACKGROUND INFORMATION: In 1993, the Commission acquired the San Jacinto Branch Line (SJBL) and various easement rights on the San Bernardino Subdivision from the Atchison, Topeka, and Santa Fe Railway Company (AT&SF), currently known as the Burlington Northern Santa Fe Railway Company (BNSF). The purpose of the acquisition was to enable the future development of commuter rail operations in Riverside County, including the Perris Valley Line (PVU, which extends from Highgrove to the SJBL intersection with 1-215 near Romoland. The SJBL acquisition included over 600 licenses and leases covering private, government, and utility owned facilities such as wire lines, pipelines, cables, as well as fee interest in property that was later determined to be in excess of the Commission's foreseeable needs. Agenda Item 9G 88 In November 2003, the Commission approved Agreement No. 04-51-030-00 to Epic for Phase 1 of the property management support services project, focusing primarily on identifying all private, government, and utility -owned facilities within the SJBL, maximizing revenue of Commission -owned parcels, reducing liability exposure, and assessing needs for a comprehensive property inventory database. Under Phase 1 services, Epic: • Copied and reviewed approximately 370 licenses, leases, and easements within the PVL; • Performed field inspections of the 22-mile length of the PVL, leading to identifying locations covered by the 370 contracts, including GPS coordinates, non -compliant uses, encroachments, safety related issues and potential liabilities, and photographs of each facility; • Marketed and sold properties amounting to $15.5 million in sales proceeds; • Developed the RCTC Global Application (RGA) database that covers all Commission -owned properties; • Reviewed as -built drawings for numerous utility facilities; • Created aerial photographs of the entire PVL, showing existing contracts and encroachments; • Coordinated the consolidation of 19 billboards owned by Lamar Advertising into one contract and increased annual revenues from $45,000 to $165,000; • Initiated a rigorous valuation process that resulted in increasing an offer from Metropolitan Water District for a pipeline right of way from $171,000 to $1.1 million; • Recommended and effected termination of 31 contracts located along the abandoned right of way that were no longer in use; • Provided utility information to the PVL design team to assist in identifying conflicts; • Began a resolution process to determine which contracts should be updated (including revenue potential), which should be terminated, and disposition of encroachments and contract violations; and • Completed the conveyance to Caltrans of properties along State Route 74 that were needed in the widening of that highway between Lake Elsinore and Perris; Phase 2 of Epic's provision of property management support services included the marketing and sale of various Commission -owned properties, conveyance of parcels to Caltrans, incorporating GIS and County Assessor data into the RGA database, and other special project assignments. The various special assignments were detailed in subsequent amendments to the agreement that were brought before the Commission for review and authorization, resulting in a total contract value of $1,616,161 during the six -year period of performance. Agenda Item 9G • 89 Authorization of a proposed third and final phase of the property management support services project is hereby requested under a separate sole source agreement with Epic. Phase 3 services are required of Epic in order to close out the various projects initiated by Epic under the prior phases and to initiate current requirements including: • Develop a methodology to be used in determining annual fees for licenses covering utilities and other private uses of the Commission's property; • Complete the resolution process for PVL contracts begun as described above, including development of action plans to increase revenues, update contracts, prepare new licenses for acceptable encroachments, remove unacceptable encroachments, and resolve safety and liability issues; • Dispose of excess lands from the SR-74 widening project described above, as well as other possible properties, i.e., Box Springs, Arlington Station, and the Old Ramona station grounds; • Apply and complete the resolution process for the licenses, leases, and easements along the remainder of the SJBL beyond the end of the PVL from Romoland through Winchester, Hemet, and San Jacinto, as well as the Orange Empire Railway Museum line in Perris; and • Provide continuing maintenance and updating of the RGA database, including the continuing reconciliation of assessor parcel numbers with the records of the County Assessor as and when they are changed. Due to its accumulated knowledge and development of various property management projects, resources, and databases associated with the multitude of Commission -owned properties, including but not limited to those along the SBJL, Epic is the only firm that can efficiently complete the tasks described above. Completion of the foregoing services by Epic, however, will provide the Commission with the tools necessary to seek a competitive solution for future property management support services. Staff developed a scope of work and a cost estimate for the services covered by the agreement. The cost estimate is based on the number of hours that may be required to perform the services and the hourly rates of Epic's staff. COMMITTEE RECOMMENDATION AND DIRECTION: During consideration of this item by the Western Riverside County Projects and Programs Committee at its February 22 meeting, staff was directed to return to the contractor and renegotiate for a reduction in overall cost of the contract. The Committee's direction was based on the economic climate and challenges currently faced in Riverside County. The Committee voiced its concern that since this contract has been in place since 2003, the contract rate should be revisited and reduced for the extension period. Agenda Item 9G 90 The services outlined above will be provided by Epic for $970,000 for the term of the contract and $485,000 for the option year. This represents a 30% (or $45,000) reduction in its profit from the original staff recommendation presented to the Committee on February 22, 2010. The Committee further inquired about the responsibilities of the Relationship Manager and the basis for its hourly rate. The Relationship Manager for Epic is Ms. Holly Rockwell, who is the principal/president of the company. The original summary should have listed her under that title. Relationship Manager is not a title or job description typically used in Commission contracts and that item has been corrected. Ms. Rockwell's responsibilities include the following: • Liaising with federal and state agencies on questions related to Commission - owned properties; • Ensuring quality control of all Epic's work product prior to submission to Commission staff; • Handling some of the more complex Commission property transactions, particularly those requiring history of Commission -owned properties; • Making presentations at public meetings on behalf of the Commission; • Representing Epic at bi-weekly project reviews with Commission staff; and • Supporting Commission staff on an as -needed basis. Ms. Rockwell's billable rate is $178.13, which is based on a rate audited last year in conformity with Federal Acquisition Regulations. Principals for other right of way firms of similar size and services, bill at $175 to $200 per hour. Ms. Rockwell's overall proposed billable time represents around 7% of the overall contract. Her expertise and history with the Commission give her a unique value that cannot easily be replaced by another contractor. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2009/10 FY 2010/11 + Amount: $291,000 679,000 Source of Funds: Measure A, Lease Revenues, Property Sales Budget Ad ustment: No GL/Project Accounting No.: 105 51 65520 $ 776,000 105 52 65520 $ 194,000 Fiscal Procedures Approved: \14/14,4;Q,juet, Date: 03/15/10 Attachments: 1) Property Management Scope of Work 2) Property Management Cost Estimate 3) Proposed Agreement with Epic Land Solutions, Inc. Agenda Item 9G • • • 91 ATTACHMENT 1 PROPERTY MANAGEMENT SUPPORT SERVICES SCOPE OF WORK 1. On -Call Services (PMA6) On -call services covers any ad hoc requests related to existing RCTC properties. Examples of work performed in the past six years on an ad hoc basis include: • Analyzing title issues on previously acquired RCTC properties • Providing real estate or right of way information for insurance, financial, operational or legal -based issues • Analyzing impacts resulting from zoning changes on RCTC properties • Correcting assessor information about RCTC properties • Resolving right of way issues with BNSF • Providing relevant real estate or right of way information necessary to evaluate proposals from developers, associations or other members of the public • GIS mapping for presentations or exhibits • Surveys to determine land boundaries or defining access easements (a budget of $15,000 has been included for small projects; it is assumed that any large projects will be contracted directly by RCTC) 2. SR-74 Excess Lands (PMAIO) In the last three years, Epic has completed the conveyance to Caltrans of the SR-74 properties. At this stage, Caltrans is identifying the excess lands related to that project. As of right now, there are anticipated to be 27 excess properties. Some adjacent property owners have expressed interest in slivers that are unlikely to be sellable to any other party. We anticipate the following next steps: • Coordinating with Caltrans on finalizing documentation related to excess lands • Preparing background information/presentations for RCTC on each of the excess properties (including GIS maps) • Determining which properties qualify for sales to adjacent owners in accordance with Caltrans and State of California requirements • Preparing and sending public agency notifications • Drafting RFP's and preparing marketing information • Conducting marketing meetings and responding to potential buyer questions • Reviewing and summarizing bids and making recommendation to RCTC • Overseeing escrow 3. New Licenses (PMA12) Epic has supported RCTC staff on preparing new or renewed licenses and anticipates continuing those activities, including: • Researching property boundaries and other issues potentially impacting granting of licenses 92 • Performing cost estimates for rental values • Liaising/negotiating with license applicants • Preparing licenses and/or supporting documentation for licenses as requested by RCTC 4. RCTC Global Application/RGA (PMC1) The Global Database is developed, installed and operating on RCTC and Epic computers to maintain information on RCTC properties, licenses and applications for licenses. The additional functional additions and database services anticipated over the next two years include: • Installing and training for RGA GIS Phase 1 which allows users to view all RCTC owned properties on a dynamic map. • Development and roll out of RGA GIS Phase 2 which will display licenses that have already been digitized in response to specific RCTC requests such as the double track analysis • Development and roll out of RGA GIS Phase 3, including digitization of remaining utility licenses on PVL and San Jac remainder • Development and roll out of RGA GIS Phase 4 which will include digitization of all remaining utility, government and private use licenses on RCTC station properties • Data comparisons with assessor to resolve assessor discrepancies • RGA maintenance tasks (monitoring server space size for attachments and GIS) • Ad hoc GIS maps and database reports • Support of third party installations (Epic, Bechtel, BB&K and future third parties) • As -needed database modifications or additions of future functions (includes development, testing, and deployment) 5. Excess Land Sales (P1VID2) In the past, Epic has performed services to assist RCTC in preparing, marketing and selling excess land parcels. Previous excess land sales handled by Epic included: Pierce Street, Corona Depot, I-215 abandoned rail r/w, and Madison Station. Potential parcels that may be declared excess land in the next three years include: Penis Wye, Arlington Station, and Box Springs Quarry. For excess land parcels, Epic will: • Prepare and send public agency notifications • Draft RFP and marketing information • Conduct marketing meetings and responds to potential buyer questions • Review and summarizes bids and makes recommendation to RCTC • Oversee escrow For budget purposes, we have assumed one property will be sold in the next three years. 93 • • • 6. Encroachment Resolution (PMF1) As a public agency, RCTC is always subject to unauthorized uses of its properties. Epic will assist in monitoring RCTC properties and identifying and resolving encroachments. Past encroachments which Epic has identified and/or resolved include personal property and structures on Arlington Station, crops on a future highway 79 parcel in Hemet, a car dealership on the railroad right of way in Hemet, and unauthorized access over Pedley station. Specific tasks for this area include: • Researching rights and property lines to assess encroachments • Identifying owners of encroachments • Preparing notification letters for encroachments • Negotiating for encroachment removal or new license • Preparing documentation for legal support if eviction or other legal action is required 7. PVL Tenant Contract Resolution (PMJ1) Over the past two years, Epic has reviewed all of the contracts (including licenses, leases and easements) on the Perris Valley Line and performed site visits to determine adherence to contract terms and identify encroachments. Approximately 410 contracts and 129 encroachments have been identified on the Perris Valley Line. The efforts have been tremendously helpful for both the preliminary engineering team and the utility relocation team in performing design and assessing risk. Activities anticipated for the next period include resolving the items that were identified in the review include: • Upgrading license terms to reflect current indemnification clauses • Updating the fair market rent of contracts • Enforcing existing license terms for non -conforming uses • Entering into new licenses for previously unlicensed uses • Defining the scope of work for surveys to determine encroachments (for purposes of this scope and fees, it is assumed that RCTC will contract directly for the survey work utilizing a scope developed by Epic) • Working with owners to remove unauthorized, unacceptable encroachments • Entering into master agreements with utilities • Providing contract information to the preliminary engineering team and utility relocation teams 8. Non-PVL Tenant Contract Review and Resolution (PMJ2) The tenant contracts for the Perris Valley Line have been a higher priority than the San Jac remainder. As such, the contracts for the non-PVL portions of RCTC property have not yet been reviewed. We anticipate approximately 200 licenses, leases and easements for which Epic will perform the following: 94 • Review contract and input information into RGA • Perform site visit to confirm use complies with contract • Take pictures of facilities and upload into RGA • Scan and attach contracts and additional documentation into database • Identify unauthorized encroachments • Recommend and implement resolutions. Resolutions may include: i. Upgrading license terms to reflect current indemnification clauses ii. Enforcing existing license terms for non -conforming uses iii. Updating the fair market rent of contracts iv. Entering into new licenses for previously unlicensed uses v. Working with 3`d parties to remove unauthorized encroachments vi. Entering into master agreements with utilities vii. Defining scope of work for surveys to define encroachments 9. Property Information Updates (PMJ3) Epic has input all properties currently maintained by RCTC in the RGA database. It is anticipated that there will be additional work to be performed including: • Reconciling information in RGA to the assessor information. Our experience in the past is that the assessor does not always have current or accurate information about RCTC properties. As a result, official notices (such as zoning changes, ordinance enforcements, etc) go to incorrect addresses and parties. Also, frequently parcel splits are not accounted for by the assessor which causes issues when RCTC utilizes or sells the property. • Inputting newly acquired properties into the database • Importing and validating information from other RCTC consultants 10. Easement to Fee conversion (PMJ4) The San Jacinto Branch Line was originally purchased partially in fee and partially in easement with an option to convert to fee. Over the past few years, Epic has been assisting the commission in converting the easement to fee. Approximately 10 parcels remain to be converted. Specific steps in order to convert the easement to fee include: • Draft scope of work and coordinate Phase 1 and Phase 2 reports (actual environmental work to be performed by RCTC consultants) • Liaise with BNSF to convert easement to fee • Work with title company to provide documentation and supporting information to obtain title insurance 11. Caltrans Encroachment/Oleander Swap (PMJ5) Over the past year, Epic has been working with RCTC and Caltrans to resolve a question as to the correct boundary line between the 215 and the San Jacinto Branch Line near Oleander extending northerly to Van Buren. Over the upcoming period, Epic anticipates: • Providing background info to Caltrans and legal counsel to assist in resolution 95 • • Coordinating with Caltrans engineering to define correct boundary line • Negotiating resolution of drainage culverts in conflict with PVL • Coordinating fence relocations, as appropriate • Participating in meetings with Caltrans • Preparing and coordinating execution of conveyance deeds 12. Project Management (PM) Ongoing project management encompasses all the activities to report, oversee and monitor all right of way activities under the Property Management contract. 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PROPERTY MANAGEMENT SUPPORT SERVICES FOR COMMISSION -OWNED REAL PROPERTIES 1. PARTIES AND DATE. This Agreement is made and entered into this _ day of , 20 , by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and EPIC LAND SOLUTIONS, INC. ("Consultant'), a CALIFORNIA CORPORATION. 2. RECITALS. 2.1 On November 8, 1988 the Voters of Riverside County approved Measure A authorizing the collection of a one-half percent (2%) retail transactions and use tax (the "tax") to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). 2.2 Pursuant to Public Utility Code Sections 240000 et seq., the Commission is authorized to allocate the proceeds of the Tax in furtherance of the Plan. 2.3 On November 5, 2002, the voters of Riverside County approved an extension of the Measure A tax for the continued funding of transportation and improvements within the County of Riverside. 2.4 Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Property Management Support services to public clients, is licensed in the State of California (if necessary), and is familiar with the plans of the Commission. 2.5 The Commission desires to engage Consultant to render such services for the Commission -owned Real Properties ("Project'), as set forth in this Agreement. RVPUB\HSHANE\768790.1 99 3. TERMS. • 3.1 General Scope of Services. Consultant shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise, and incidental and customary work necessary to fully and adequately supply the professional Property Management Support services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable focal, state and federal laws, rules and regulations. 3.2 [Intentionally Omitted.] 3.3 The term of this Agreement shall be from the date first set forth above to January 1, 2011 ("Initial Term"), unless earlier terminated as provided herein. The Commission, in its sole discretion, shall have the option to extend the Initial Term for an additional period of one (1) year, ending January 1, 2012 ("First Extended Term"), by providing written notice to Consultant of such extension. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 3.4 Commission's Representative. The Commission hereby designates the Commission's Executive Director, or his or her designee, to act as its Representative for the performance of this Agreement ("Commission's Representative"). Commission's Representative shall have the authority to act on behalf of the Commission for all purposes under this Agreement. Commission's Representative shall also review and give approval, as needed, to the details of Consultant's work as it progresses. Consultant shall not accept direction or orders from any person other than the Commission's Representative or his or her designee. 3.5 Consultant's Representative. Consultant hereby designates Holly Rockwell to act as its Representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to act on behalf of Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his or her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. Consultant shall work closely and cooperate fully with Commission's Representative and any other agencies which may have jurisdiction over or an interest in the Services. Consultant's Representative shall be available to the Commission staff at all reasonable times. Any substitution in Consultant's Representative shall be approved in writing by Commission's Representative. RVPUB\HSHANE\768790.1 2 100 • • • 3.6 Substitution of Key Personnel. Consultant has represented to the Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval by the Commission. In the event that the Commission and Consultant cannot agree as to the substitution of the key personnel, the Commission shall be entitled to terminate this Agreement for cause, pursuant to the provisions of Section 3.14. The key personnel for performance of this Agreement are: Holly Rockwell. 3.7 Preliminary Review of Work. All reports, working papers, and similar work products prepared for submission in the course of providing Services under this Agreement shall be submitted to the Commission's Representative in draft form, and the Commission may require revisions of such drafts prior to formal submission and approval. In the event that Commission's Representative, in his or her sole discretion, determines the formally submitted work product to be inadequate, Commission's Representative may require Consultant to revise and resubmit the work at no cost to the Commission. 3.8 Appearance at Hearings. If and when required by the Commission, Consultant shall render assistance at public hearings or other meetings related to the Projector necessary to the performance of the Services. 3.9 Standard of Care; Licenses. Consultant represents and maintains that it is skilled in the professional calling necessary to perform all Services, duties and obligations required by this Agreement to fully and adequately complete the Project. Consultant shall perform the Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents and warrants to the Commission that its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the Commission, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant's errors and omissions. Any employee of Consultant or its sub -consultants who is determined by the Commission to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Commission, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.10 Opportunity to Cure. Commission may provide Consultant an opportunity to cure, at Consultant's expense, all errors and omissions which may be RVPUB\HSHANE\768790.1 3 101 disclosed during Project implementation. Should Consultant fail to make such correction in a timely manner, such correction may be made by the Commission, and the cost thereof charged to Consultant. 3.11 Inspection of Work. Consultant shall allow the Commission's Representative to inspect or review Consultant's work in progress at any reasonable time. 3.12 Final Acceptance. Upon determination by the Commission that Consultant has satisfactorily completed the Services required under this Agreement and within the term set forth in Section 3.3, the Commission shall give Consultant a written Notice of Final Acceptance. Upon receipt of such notice, Consultant shall incur no further costs hereunder, unless otherwise specified in the Notice of Final Acceptance. Consultant may request issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily completed all Services required under the terms of this Agreement. 3.13 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.14 Termination. 3.14.1 Notice; Reason. Commission may, by written notice to Consultant, terminate this Agreement, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof ("Notice of Termination"). Such termination may be for Commission's convenience or because of Consultant's failure to perform its duties and obligations under this Agreement, including, but not limited to, the failure of Consultant to timely perform Services pursuant to the Schedule of Services described in Section 3.15 of this Agreement. Consultant may not terminate this Agreement except for cause. 3.14.2 Discontinuance of Services. Upon receipt of the written Notice of Termination, Consultant shall discontinue all affected Services as directed in the Notice or as otherwise provided herein, and deliver to the Commission all Documents and Data, as defined in this Agreement, as may have been prepared or accumulated by Consultant in performance of the Services, whether completed or in progress. 3.14.3 Effect of Termination For Convenience. If the termination is to be for the convenience of the Commission, the Commission shall compensate Consultant RVPUB\HSHANE\768790.1 4 • • • 102 • • for Services fully and adequately provided through the effective date of termination. Such payment shall include a pro -rated amount of profit, if applicable, but no amount shall be paid for anticipated profit on unperformed Services. Consultant shall provide documentation deemed adequate by Commission's Representative to show the Services actually completed by Consultant prior to the effective date of termination. This Agreement shall terminate on the effective date of the Notice of Termination. 3.14.4 Effect of Termination for Cause. If the termination is for cause, Consultant shall be compensated for those Services which have been fully and adequately completed and accepted by the Commission as of the date the Commission provides the Notice of Termination. In such case, the Commission may take over the work and prosecute the same to completion by contract or otherwise. Further, Consultant shall be liable to the Commission for any reasonable additional costs incurred by the Commission to revise work for which the Commission has compensated Consultant under this Agreement, but which the Commission has determined in its sole discretion needs to be revised, in part or whole, to complete the Project. Termination of this Agreement for cause may be considered by the Commission in determining whether to enter into future agreements with Consultant. 3.14.5 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 3.14.6 Procurement of Similar Services. In the event this Agreement is terminated, in whole or in part, as provided by this Section, the Commission may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated. 3.14.7 Waivers. Consultant, in executing this Agreement, shall be deemed to have waived any and all claims for damages which may otherwise arise from the Commission's termination of this Agreement, for convenience or cause, as provided in this Section. 3.15 Schedule and Progress of Services. 3.15.1 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of Commission's Representative, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. RVPUB\HSHANE\768790.1 5 103 • 3.15.2 Modification of the Schedule. Consultant shall regularly report to the Commission, through correspondence or progress reports, its progress in providing required Services within the scheduled time periods. Commission shall be promptly informed of all anticipated delays. In the event that Consultant determines that a schedule modification is necessary, Consultant shall promptly submit a revised Schedule of Services for approval by Commission's Representative. 3.15.3 Trend Meetings. Consultant shall conduct trend meetings with the Commission's Representative and other interested parties, as requested by the Commission, on a bi-weekly basis or as may be mutually scheduled by the Parties at a standard day and time. These trend meetings will encompass focused and informal discussions concerning scope, schedule, and current progress of Services, relevant cost issues, and future Project objectives. Consultant shall be responsible for the preparation and distribution of meeting agendas to be received by the Commission and other attendees no later than three (3) working days prior to the meeting. 3.15.4 Progress Reports. As part of its monthly invoice, Consultant shall submit a progress report, in a form determined by the Commission, which will indicate the progress achieved during the previous month in relation to the Schedule of Services. Submission of such progress report by Consultant shall be a condition precedent to receipt of payment from the Commission for each monthly invoice submitted. 3.16 Delay in Performance. 3.16.1 Excusable Delays. Should Consultant be delayed or prevented from the timely performance of any act or Services required by the terms of the Agreement by reason of acts of God or of the public enemy, acts or omissions of the Commission or other governmental agencies in either their sovereign or contractual capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather, performance of such act shall be excused for the period of such delay. 3.16.2 Written Notice. If Consultant believes it is entitled to an extension of time due to conditions set forth in subsection 3.16.1, Consultant shall provide written notice to the Commission within seven (7) working days from the time Consultant knows, or reasonably should have known, that performance of the Services will be delayed due to such conditions. Failure of Consultant to provide such timely notice shall constitute a waiver by Consultant of any right to an excusable delay in time of performance. 3.16.3 Mutual Agreement. Performance of any Services under this Agreement may be delayed upon mutual agreement of the Parties. Upon such agreement, Consultant's Schedule of Services shall be extended as necessary by the Commission. Consultant shall take all reasonable steps to minimize delay in completion, and additional costs, resulting from any such extension. RVPUB\HSHANE\768790.1 6 104 3.17 Status of Consultant/Subconsultants. 3.17.1 Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and not as an employee, agent or representative of the Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries and other amounts due such personnel in connection with their performance of Services and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including but not limited to, social security taxes, income tax withholdings, unemployment insurance, disability insurance, and workers' compensation insurance. 3.17.2 Prevailing Wages. By its execution of this Agreement, Consultant certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages in effect at the commencement of this Agreement are on file at the offices of the Commission. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Certified Payrolls are to be submitted whenever required by Prevailing Wage laws. 3.17.3 Eight -Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day ("Eight -Hour Law"), unless Consultant or the Services are not subject to the Eight -Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub - consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the RVPOD\HSHANE\768790.1 7 105 California Labor Code, unless Consultant or the Services are not subject to the Eight -Hour Law. 3.17.4 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein, without the prior written consent of the Commission. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.17.5 Subcontracting. Consultant shall not subcontract any portion of the work or Services required by this Agreement, except as expressly stated herein, without prior written approval of the Commission. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Consultant has, as part of its proposal, identified certain companies/firms that will be subconsultants utilized by Consultant ("Subconsultants") for Project delivery. A list of said Subconsultants is attached hereto as Exhibit "C" Part 2 and made a part hereof. The Commission hereby approves the use by Consultant of the Subconsultants identified in Exhibit "C" Part 2. In the event and prior to the replacement of any Subconsultant approved herein, the Consultant shall seek and obtain the Commission's written approval. Exhibit "C" Part 2 also sets forth the rates at which each Subconsultant shall bill the Consultant for Services and that are subject to reimbursement by the Commission to Consultant. Additional Direct Costs, as defined in Exhibit "C" Part 1 shall be the same for both the Consultant and all subconsultants, unless otherwise identified in Exhibit "C" Part 2. Consultant acknowledges that approval of Consultant's utilization of the identified Subconsultants together with the incorporation of Subconsultants' rate schedules and cost proposals into this Agreement shall in no way be construed to create any contractual relationship between any Subconsultant and the Commission. The Subconsultant rate schedules and cost proposals contained herein are for accounting purposes only. In the event that any Subconsultant shall bring any action, claim or proceeding purporting to enforce any right purportedly arising under this Agreement, the Consultant shall be responsible for the Commission's reasonable legal fees without regard to the merits of any such claim. 3.18 Ownership of Materials/Confidentiality. 3.18.1 Documents & Data. This Agreement creates an exclusive and perpetual license for Commission to copy, use, modify, reuse, or sub -license any and all copyrights and designs embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). AVPOB\HSHANE\768790.1 8 • • 106 • • • Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in anyway in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission's sole risk. 3.18.2 Intellectual Property. In addition, Commission shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media ("Intellectual Property") prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above -referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. RVPpB\HSHANE\768790,1 q 107 Commission further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or sub -license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. 3.18.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Commission's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Commission. 3.19 Indemnification. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold Commission, its directors, officials, officers, employees, consultants, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Commission, its directors, officials, officers, employees, consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Commission or its directors, officials, officers, employees, consultants, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission and its directors, officials, officers, employees, consultants, agents, and/or volunteers, for any and all legal expenses and costs, including reasonable attorney's fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission, its directors, officials officers, employees, consultants, agents, or volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligations as set forth in this Section 3.19 shall survive expiration or termination of this Agreement. RVPUB\HSHANE\768790.1 10 • • • 108 • 3.20 Insurance. 3.20.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3.20.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) if Consultant has employees, Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.20.3 Professional Liability. Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $2,000,000 per claim. 3.20.4 Aircraft Liability Insurance. Prior to the direct or indirect use of any civil aircraft to provide Services under this Agreement, Consultant shall procure and maintain, or cause to be procured and maintained, aircraft liability insurance or equivalent form, with a single limit of not less than $5,000,000 per each occurrence. Such insurance shall include coverage for owned, hired and non -owned aircraft and passengers, and shall name, or be endorsed to name, the Commission, its directors, officials, officers, employees RVPUB\HSHANE\768790.1 109 consultants and agents as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant. 3.20.5 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Commission; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Commission, its directors, officials, officers, employees and agents. 3.20.6 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self -insured retentions as presented, RVPUB\HSHANE\768790.1 12 • 110 Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or, .(2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.20.7 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Commission, its directors, officials, officers, employees, and agents. 3.20.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the Commission. 3.20.9 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.20.10 Other Insurance. At its option, the Commission may require such additional coverage(s), limits and/or the reduction of deductibles or retentions it considers reasonable and prudent based upon risk factors that may directly or indirectly impact the Project. In retaining this option Commission does not warrant Consultant's insurance program to be adequate. Consultant shall have the right to purchase insurance in addition to the insurance required in this Section. 3.21 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. RVPUB\HSHANE\768790,1 13 111 3.22 Fees and Payment. 3.22.1 Compensation. (A) Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. (B) The total compensation for the Initial Term shall not exceed Nine Hundred Seventy Thousand Dollars ($970,000) without written approval of Commission's Representative. (C) If the Commission exercises its option to extend the term of this Agreement for the First Extended Term, as set forth in Section 3.3 above, the total compensation for the First Extended Term shall not exceed Four Hundred Eighty Five Thousand Dollars ($485,000) without written approval of the Commission's Representative. (D) Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.22.2 Payment of Compensation. Consultant shall submit a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the Statement. Charges specific to each Milestone listed in the Schedule of Services shall be listed separately on an attachment to each statement. Each statement shall be accompanied by a monthly progress report and spreadsheets showing hours expended for each task for each month and the total Project to date. Each statement shall include a cover sheet bearing a certification as to the accuracy of the statement signed by the Consultant's Project Manager or other authorized officer. 3.22.3 Extra Work. At any time during the term of this Agreement, Commission may request Consultant to perform Extra Work. As used herein, "Extra Work" means any work which is determined by the Commission to be necessary for proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Commission's Representative. Extra Work which has been authorized shall be compensated in a total amount of up to $00 at the rates and in the manner set forth in Exhibit "C" attached hereto or the Extra Work order, as applicable. However, no compensation for Extra Work shall be paid except upon the issuance of a written Extra Work Order by Commission's Representative. In the event an Extra Work Order is not issued and signed by Commission's Representative, Consultant shall not provide such Extra Work. RVPUB\HSHANE\768790.1 14 112 • 3.22.4 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by the Commission's Representative. 3.23 Prohibited Interests. 3.23.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to rescind this Agreement without liability. 3.23.2 Conflict of Interest. For the temi of this Agreement, no member, officer or employee of the Commission, during the term of his or her service with the Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.23.3 Conflict of Employment. Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon the Consultant securing this or related Agreements with the Commission, is prohibited. 3.24 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of the Commission during normal business hours to examine, audit, and make transcripts or copies of any and all ledgers and books of account, invoices, vouchers, canceled checks, and any other records or documents created pursuant to this Agreement. All such information shall be retained by Consultant for at least three (3) years following termination of this Agreement. 3.25 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of the Commission's Disadvantaged Business Enterprise program, Affirmative RVPUB\HSHANE\768790.1 15 113 Action Plan or other related Commission programs or guidelines currently in effect or hereinafter enacted. 3.26 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub -consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub -consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Consultant 3.27 Right to Employ Other Consultants. The Commission reserves the right to employ other consultants in connection with the Project. Consultant shall cooperate fully with any other consultant engaged by the Commission on the Project. 3.28 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 3.29 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and, all other costs of such actions. 3.30 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.31 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. RVPOB\HSHANE\768790.1 16 • 114 • • • 3.32 Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: Epic Land Solutions, Inc. 2601 Airport Drive, Suite 115 Torrance, CA 90505 Attn: President COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, CA 92501 Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. mail, first class postage prepaid, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.33 Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 3.34 Amendment or Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.35 Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. 3.36 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.37 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination. 3.38 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.39 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. RVPUS\HSHANE\768790.1 17 115 3.40 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.41 Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 3.42 No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. RVPue\HSHANE\768790.1 [Signatures on following page] 18 • • 116 • • • SIGNATURE PAGE TO AGREEMENT NO. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY EPIC LAND SOLUTIONS, INC. TRANSPORTATION COMMISSION By: By. Bob Buster Signature Chair Approved as to Form: By: Best, Best & Krieger LLP General Counsel RVPUB\HSHANE\766790.1 19 Name Title ATTEST: By: Its: Secretary 117 RVPUBTLC\660571 RVPUB\HSHANE\768790.1 EXHIBIT "A" SCOPE OF SERVICES j INSERT_] A-1 118 • RVPUB\HSHANE\768790.1 EXHIBIT "B" SCHEDULE OF SERVICES j INSERT ] B-1 119 • EXHIBIT "C" COMPENSATION AND PAYMENT For the satisfactory performance and completion of the Services under this Agreement, the Commission will pay the Consultant compensation as set forth herein. 1. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is 2.587 and is the sum of the following components: 1.1.2.1 Direct Salary Costs 1.0 1.1.2.2 Payroll Additives .0363 The decimal ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. RVPUB\HSHANE\768790.1 1.1.2.3 Overhead Costs 1.224 The decimal ratio of allowable Overhead Costs to the Consultant firm's total direct salary costs. Allowable Overhead Costs include 120 general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier 2.587 (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 FIXED FEE. 1.2.1 The fixed fee is $0 1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE Per Diem $ 35/day Car mileage $ IRS reimburseable Travel $ at cost Overnight mail and postage at cost Travel by air and travel in excess of 100 miles from the Consultant's office nearest to the Commission's office must have the Commission's prior written approval to be reimbursed under this Agreement. 2. DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, RVPOB\HSHANE\768790.1 • 121 • regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify the Commission in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF HOURLY RATES Principal Project Manager Assistant Project Manager Senior Agent/ Coordinator Agent/ Analyst Technician Accounting Support $ 62.50 - $ 70.00/hour $ 40.00 - $ 65.00/hour $ 35.00 - $ 45.00/hour $ 26.00 - $ 34.99/hour $ 15.00 - $ 25.99.00/hour $ 10.00 - $ 19.00/hour $ 20.00 - $ 45.00/hour 2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal. 3. INVOICING. 3.1 Each month the Consultant shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to the Commission's Executive Director with two (2) copies to the Commission's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by the Commission's Representative. 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice. 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to the Commission such as invoices, telephone logs, etc. RVPOB\HSHANE\768790.1 122 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Consultants Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. 4. PAYMENT 4.1 The Commission shall pay the Consultant within four to six weeks after receipt by the Commission of an original invoice. Should the Commission contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. 4.2 The final payment for Services under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment. RVPUB\HSHANE\768790.1 • • 123 LATE BREAKING ITEM RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 14, 2010 TO: Riverside County Transportation Commission FROM: Anne Mayer, Executive Director SUBJECT: Colton Crossing Update STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file an update on the status of Colton Crossing; and 2) Provide policy direction to staff for remaining negotiations regarding inclusion in the Trade Corridor Improvement Fund (TCIF). BACKGROUND INFORMATION: On March 25, 2010, the California Transportation Commission (CTC) held a special meeting to consider the Colton Crossing Memorandum of Understanding (MOU) between the California Department of Transportation (Department), Union Pacific (UP), and Burlington Northern Santa Fe (BNSF). CTC approval of the MOU was necessary to meet requirements of state law (AB 268, Nunez) pertaining to $97.3 million of Proposition 1 B Trade Corridor Improvement Funds (TCIF) programmed for the Colton Crossing project. Securing the $97.3 million of TCIF was necessary to complete the funding package for the project, following a $33.8 million federal grant awarded by the U.S. Department of Transportation (DOT). Due to concerns over insufficient public benefit included in the MOU, the CTC unanimously rejected the MOU by an 8-0 vote. AB 268 instructs the Southern California Consensus Group (SCCG) to nominate a replacement project in Southern California if the Colton Crossing did not have an approved MOU by March 2010. Immediately following its rejection of the Colton Crossing MOU, the CTC took action directing the railroads and the SCCG to work together and attempt to produce an MOU for Colton Crossing that provided adequate public benefit before the CTC's next meeting scheduled for April 8. lf, and only if, an agreement on public benefits could be reached between Southern California and both railroads by April 8, the region could renominate Colton Crossing for funding under the Southern California corridor in the TCIF program. Since that time, the SCCG and both railroads have diligently sought to resolve outstanding public benefit and funding issues. Unfortunately, due to lingering concerns regarding public benefit assurance, funding for Positive Train Control (PTC) and impact on existing TCIF projects, the region was unable to come to consensus and requested additional time to understand the impact of this decision. The CTC deferred action until its May 19 meeting with the provision that a final package must be submitted to CTC staff for review by May 7. This deadline would provide sufficient review prior to the federal deadline for Transportation Investment Generating Economic Recovery (TIGER) applications established by DOT. Key negotiated provisions of interest to this Commission: 1) BNSF agreed to allow the conversion of four non -revenue slots between Riverside and San Bernardino assuming liability provisions are amended. 2) An additional two slots between Riverside and San Bernardino and eight slots between Fullerton and Los Angeles will be allowed consistent with the terms of the existing Shared Use Agreement between the Commission and BNSF. 3) UP agreed to abandon an Interlocking Agreement related to the San Jacinto Branch Line. This abandonment will allow Metrolink to control train movements at that location. 4) UP agreed to begin evaluation of additional passenger service between Colton and Indio. Its evaluation will consider impact of additional service on rail capacity. 5) At the April 8 CTC meeting, UP offered to contribute an additional $6 million to offset SCCG or Metrolink costs related to other projects, PTC or the BNSF reimbursement required for the Shared Use Agreement. 6) Other negotiated terms relate to property acquisitions in other counties and local mitigations in city of Colton. Staff considers the negotiated provisions to date in conjunction with the air quality and congestion reduction benefits of the project itself as sufficient demonstration of public benefits for the $91.3 million in bond funding proposed for programming on this project. We do have concerns regarding the impact of this programming on our funding designated for Riverside County projects as well as certainty related to PTC funding. The SCCG is meeting on Friday, April 16 to seek resolution of these and other concerns raised by partner agencies. If consensus is reached over the next few weeks, a revised MOU will return to the CTC on May 19, 2010 for its consideration. It is not anticipated that the Commission will be a signatory.