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01 January 11, 2012 CommissionTIME/DATE: LOCATION: Riverside County Transportation Commission MEETING AGENDA 9:30 a.m. / Wednesday, January 11, 2012 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside ,. COMMISSIONERS ." Chair -John J. Benoit First Vice Chair -Karen Spiegel Second Vice Chair -Marion Ashley 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 I Jeff Fox, City of Beaumont Joseph DeConinck I To Be Appointed, City of Blythe Ella Zanowic I Jeff Hewitt, City of Calimesa Mary Craton I Barry Talbot, City of Canyon Lake Greg Pettis I Kathleen DeRosa, City of Cathedral City Steven Hernandez I Eduardo Garcia, City of Coachella Karen Spiegel I Steve Nolan, City of Corona Scott Matas I Russell Betts, City of Desert Hot Springs Adam Rush like Bootsma, City of Eastvale Larry Smith I Robert Youssef, City of Hemet Douglas Hanson I Patrick Mullany, City of Indian Wells Glenn Miller I Michael Wilson, City of Indio Frank Johnston I Micheal Goodland, City of Jurupa Valley Terry Henderson I Don Adolph, City of La Quinta Bob Magee I Melissa Melendez, City of Lake Elsinore Darcy Kuenzi I Wallace Edgerton, City of Menifee Marcelo Co I Richard Stewart, City of Moreno Valley Rick Gibbs I Kelly Bennett, City of Murrieta Berwin Hanna I Kathy Azevedo, City of Norco Jan Harnik I William Kroonen, City of Palm Desert Steve Pougnet I Ginny Foat, City of Palm Springs Daryl Busch I AI Landers, City of Perris Scott Hines I Gordon Moller, City of Rancho Mirage Steve Adams I Andy Melendrez, City of Riverside Scott Miller I Andrew Kotyuk, City of San Jacinto Ron Roberts I Jeff Comerchero, City of Temecula Ben Benoit I Timothy Walker, City of Wildomar Raymond Wolfe, Governor's Appointee Comments are welcomed by the Commission. If you wish to provide comments to the Commission, please complete and submit a Speaker Card to the Clerk of the B08rd. Riverside County Tronsportation Commission TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager DATE: January 4, 2012 SUBJECT: Possible Conflicts of Interest Issues -Riverside County Transportation Commission Agenda of January 4, 2012 The January 11, 2012 agenda of the Riverside County Transportation Commission includes items which may raise possible conflicts of interest. A RCTC member may not participate in any discussion or action concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 12 months or 3 months following the conclusion from any entity or individual listed. Agenda Item No. 8A -Amendments to On-Call Strategic Partnership Advisor Services and Traffic and Revenue Study Services Consultant(s): KPMG Corporate Finance LLC 355 South Grand Avenue Los Angeles, CA 90071-1568 Barbara Lloyd, Managing Director Nossaman, LLP 777 S. Figueroa Street, 34th Floor Los Angeles, CA 90017 Patrick D. Harder, Partner Parsons Brinckerhoff Inc. 451 E. Vanderbilt Way San Bernardino, CA 92408 Douglas B. Sawyer, Senior Vice President Stantec Consulting Services 50 W. 23'd Street New York, NY 10010 Steve Abendshein, Associate Agenda Item No. 8B -List of Pre-Oualified Firms and Agreements for On-Call Right of Way Support Services Consultant(s): Epic Land Solutions, Inc. 3850 Vine Street, Suite 200 Riverside, CA 92507 Holly Rockwell, President Overland, Pacific & Cutler, Inc. 2750 Schaufele A venue, Suite 150 Long Beach, CA 90808 Joey Mendoza, VP/Principal Agenda Item No. 8C -List of Pre-Oualified Firms for On-Call Rail Operations Support Services Consultants: HDR Engineering, Inc. 3230 EI Camino Real, Suite 200 Irvine, CA 92602 Thomas J. Kim, Senior Vice President Parsons Brinckerhoff Inc. One Penn Plaza New York, NY 10119 Lloyd Graham, Senior Vice President STV Incorporated 9130 Anaheim Place Rancho Cucamonga, CA 91730 David L. Borger, Senior Vice President RCTC Conflict of Interest Form Purpose: This form is provided to assist members of the RCTC Commissioners in meeting requirements of Government Code Section 84308 and 87105 in documenting conflict of interests as related to RCTC Commission/Committee agenda items. Instructions: Under certain circumstances, RCTC Commissioners may be required to disclose and disqualify themselves from participating in, influencing, or voting on an agenda item due to personal income, real property interests, investments, business positions, or receipt of campaign contributions. If applicable, Commissioners must personally state the following information, for entry into the public record, prior to consideration of the involved agenda item(s) and turn in the completed form to the Clerk of the Board prior to leaving the meeting. I. Board Member Information Board Member Name City/County Name Meeting Date II. Campaign Contributions (For contracts, permits and other entitlements only) 1. I have a disqualifying campaign contribution of over $250 from and therefore I am abstaining from participation on Agenda item jldentify the name of the company and/or Individual) , Subject: , . 2. I have a disqualifying campaign contribution of over $250 from and therefore I am abstaining from participation on Agenda item Odentify the name of the company and/or , Subject: 'YO' .y~' , 3. I have a disqualifying campaign contribution of over $250 from and therefore I am abstaining from participation on Agenda item Odentify the name of the company and/or Individual) , Subject: , . 4. I have a disqualifying campaign contribution of over $250 from and therefore I am abstaining from participation on Agenda item (Identify the name of the company and/or Individual) , Subject: , III Financial Interest 1. I have a financial interest of , from/in (Stat& income .. real property interestt investment or business poSition) (Identify name of company or property location) and therefore I am abstaining from participation on Agenda Item __, Subject: 2. I have a financial interest of , from/in (State iOcome~ real property int&rest# investment or business position. (Identify name of company Or property location) and therefore I am abstaining from participation on Agenda Item Subject: IV. Signature Board Member Signature: Date: Please remember you must state the information into the public record prior to consideration of the involved agenda item(s) and turn in the completed form to the Clerk of the Board prior to leaving the meeting. Please use reverse side of form to include any additional information Alexandra Rackerby From: Alexandra Rackerby Sent: Thursday, January 05, 20122:42 PM To: Alexandra Rackerby Subject: RCTC Commission Agenda -Ipad Compatible Users Attachments: Conflict of Interest Form.pdf; Conflict of Interest Memo.pdf Good Afternoon Commissioners, The Commission agenda for Wednesday , January 11, 2012 is posted on our website at http://www.rctc.org/downloads/current/agenda ipad.pdf Also, attached is the Conflict of Interest Memo and Form for your information. Let me know if you have any questions or concerns. Thank you. Respectfully, Allie Rackerby Riverside County Transportation Commission (951) 787-7141 1 Alexandra Rackerby From: Alexandra Rackerby Sent: Thursday, January 05,20122:51 PM To: Alexandra Rackerby Subject: RCTC January Commission meeting Good Afternoon Commission Alternates, Attached below is the link to the January 11,2012 Commission Meeting Agenda. Please copy the link and paste it into a web page http://www.rctc.org/downloads/current/agenda 2012 01.pdf Thank you. Respectfully, Allie Rackerby Riverside County Transportation Commission (951) 787-7141 1 RCTC Conflict of Interest Form Purpose: This form is provided to assist members of the RCTC Commissioners in meeting requirements of Government Code Section 84308 and 87105 in documenting conflict of interests as related to RCTC Commission/Committee agenda items. Instructions: Under certain circumstances. RCTC Commissioners may be required to disclose and disqualify themselves from participating in, influencing. or voting on an agenda item due to personal income, real property interests. investments, business positions, or receipt of campaign contributions. If applicable, Commissioners must persol'Jally state the following information, for entry into the public record, prior to consideration of the involved agenda item{s) and turn in the completed form to the Clerk of the Board prior to leaving the meeting. I. Board Member Information Board Member Name City/County Name Meeting Date II. Campaign Contributions (For contracts, permits and other entitlements only) 1. I have a disqualifying campaign contribution of over $250 from , (Identify the name of the company and lor Individual) and therefore I am abstaining from participation on Agenda item , Subject: 2. I have a disqualifying campaign contribution of over $250 from , (Identify the name of the company and/or Individual) and therefore I am abstaining from participation on Agenda item , Subject: 3. I have a disqualifying campaign contribution of over $250 from , (ldentify'the name of the company and lor Individual) and therefore I am abstaining from participation on Agenda item , Subject: . 4. I have a qisqualifying campaign contribution of over $250 from , , (ldentifv the name of the company andlor Individual) and therefore I am abstaining from partIcipation on Agenda item , Subject: . III . Financial Interest •___ .H...r:::A:~ CD rt LJ. t: 1. I have a financial interest of R'<FITL f It c,li,~A'T"1 J-I.-\~?I~rom/inCl~tJF: ET~It.CltJ IState income. real properly interest. Investment or business positionl lldentify ~co'/!!l!: ro location) and therefore' am abstaining from participation on Agenda ItemO:.-, Subject:..:z?-l ~c 177 ..r-~ i.lt. 2. I have a financial interest of , from/in IState lOOome. real PfOII8ftY interest. inVllStment or buSiness position) Ildentify name of company or property location) and therefore I am abstaining from participation on Agenda ttem __, Subject: IV. Signature Board Member Signature: ~ Date: /-11-/2-­~ Please remember you must state the information into the public record prior to consideration of the involved agenda item(s) and tum in the completed form to the Clerk of the Board prior to leaving the meeting. Please use reverse side of form to include any additional information 17 RCTC Conflict of Interest f>1:!!J?2So~: This form is provided to assist members of the RCTC Commissioners in meeting GovHrnment Code Section 84308 and 87105 in documenting conflict of interests as Commission/Comnlitlee items. 1r1~~rll~!~()f!:>: Under certain circumstances, RCTC Commissioners rnay be required disqualify themselves from participating in, influencing, Of on an agenda item due to income. real property investments, business positions. or receipt of campaign contribulions, If applicabie, Commissioners must personally state the following information. for entry into the record, prior to consideration of the involved agenda item(s) and turn in the completed form to the CII'Jrk of the Board to the ard Member Information 1 . I have a disqualifying campaign contribution of over $250 from participation on Agenda item t ~'" ·i: Ii. i. Iff,; ,. k>_, ···t.c,c·'~J·;·;··;",;···;;······"ooo. then3tore I am tror)l participation on Agenda itern ch i), i. 1(:..,:. ;/r<: ; .. , f,,;r .:L. /,; i ·;·c·.,,··.····················' ! have a disquatifyin9 campaign contribution of over $250 and therefore I am abstaining from participation on Agenda ! have a disqualifyin9 campaign contribution of over $250 from o.co..o.........;.;.._..;........ therefore I am abstaining from participation on Agenda Financial Interest have a financial interest of from/in i'lnd therefore I am abstaining from participation on Agenda and therefore! am abstaining from participation on Agenda Item fI~flH:lmber you musl !ita!!) the information into the public record prior to consideration of tI.,,; invoived a~wnda 1t(')fn(i';) rlnc! turn In the completed form to the C!ork 01 Lho Board prior to leavintJ t/)<'? rmmHng use myers\:, side of form to indude "ny 'lddilional information RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA * *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, January 11, 2012 BOARDROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside, CA In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if 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 COIVIMENTS -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 Commission should not take action on or discuss matters raised during public comment portion of the agenda that are not listed on the agenda. Commission 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 January 11, 2012 Page 2 5. APPROVAL OF MINUTES -MINUTES TO BE SUBMITTED AT THE NEXT MEETING 6. PUBLIC HEARING -RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF FEE. EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY. BY EMINENT DOMAIN. FOR FREEWAY PURPOSES INCLUDING THE WIDENING AND MAINTENANCE OF INTERSTATE 215 FROM SCOTT ROAD TO NUEVO ROAD. IN RIVERSIDE COUNTY. CALIFORNIA Page 7 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 owners. 3) Adopt Resolution of Necessity No. 12-001, "Resolution of Necessity for the Acquisition of Fee, Easement, and Temporary Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel No. 311-120-022 rCaltrans Parcel Nos. 22406-1, 22406-2, 22406-3, 22406-4, 22406-5 and 22406-6), for Freeway Purposes Including the Widening and Maintenance of Interstate 215 from Scott Road to Nuevo Road, in Riverside County, California"; and 4) Adopt Resolution of Necessity No. 12-002, "Resolution of Necessity for the Acquisition of Easement and Temporary Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 311-190-002, 311-190-035 and 311-190-044 rCaltrans Parcel Nos. 22404-1 and 22404-2), for Freeway Purposes Including the Widening and Maintenance of Interstate 215 from Scott Road to Nuevo Road, in Riverside County, California", Riverside County Transportation Commission Agenda January 11, 2012 Page 3 7. ADDITIONS I 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. S. 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. SA. AMENDMENTS TO ON-CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES AND TRAFFIC AND REVENUE STUDY SERVICES Page 30 Overview This item is for the Commission to: 1) Approve Agreement No. 06-66-026-09, Amendment No. 8 to Agreement No. 06-66-026-00, with KPMG Corporate Finance, LLC (KPMG) for on-call strategic partnership advisor services for the proposed State Route 91 and Interstate 15 corridor improvement projects (CIPs) to extend the contract term to February 9, 2014, and to increase the contract by $280,018, plus a contingency amount of $60,000 for a total amount not to exceed $340,018; 2) Approve Agreement No. 06-66-027-21, Amendment 1\10. 10 to Agreement No. 06-66-027-00, with PB Americas, Inc. (PB) for on­ eall strategic partnership advisor services for the proposed SR-91 and 1-15 CIPs to extend the contract term to February 9, 2014; 3) Approve Agreement No. 06-66-028-11, Amendment No. 8 to Agreement No. 06-66-028-00 with Nossaman, Guthner, Knox & Elliott, LLP (Nossaman) for on-call strategic partnership advisor services to extend the contract term to February 9, 2014, and increase the contract by $1,878,900, plus a contingency amount of $376,000 for a total amount not to exceed $2,254,900; 4) Approve Agreement No. 10-31-099-01, Amendment No.1, to Agreement No. 10-31-099-00, with Stantec Consulting Services, Inc. (Stantec) for investment-grade traffic and revenue study services for the SR-91 CIP to extend the contract term to February 9,2014; 5) Authorize the Chair, pursuant to legal counsel review, to execute these agreements on behalf of the Commission; and 6) Authorize the Executive Director to approve contingency work up to the total not to exceed amount as required for these agreements. Riverside County Transportation Commission Agenda January 11, 2012 Page 4 SB. LIST OF PRE-QUALIFIED FIRMS AND AGREEMENTS FOR ON-CALL RIGHT OF WAY SUPPORT SERVICES Page 54 Overview This item is for the Commission to: 1) Award the following agreements to provide on-call right of way support services for a three-year term, and a single one-year option to extend the agreements in an amount not to exceed an aggregate value of $1.5 million; a) Agreement No. 12-31-012-00 with Overland, Pacific & Cutler, Inc; and b) Agreement No. 12-31-038-00 with Epic Land Solutions, Inc; 2) Authorize the Executive Director, or designee, to execute task orders awarded to contractors under the terms of the agreements; and 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements, including the option year, on behalf of the Commission. SC. LIST OF PRE-QUALIFIED FIRMS FOR ON-CALL RAIL OPERATIONS SUPPORT SERVICES Page 74 Overview This item is for the Commission to: 1) Award the following agreements to provide on-call rail operations support services for a three-year term, and two one-year options to extend the agreements, in an amount not to exceed an aggregate value of $1 million; a) Agreement No. 12-25-022-00 with HDR Engineering, Inc.; b) Agreement No. 12-25-035-00 with Parsons Brinckerhoff, Inc.; and c) Agreement No. 12-25-036-00 with STY Incorporated; 2) Authorize the Executive Director, or designee, to execute task orders awarded to contractors under the terms of the agreements; and 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements, including option years, on behalf of the Commission. Riverside County Transportation Commission Agenda January 11, 2012 Page 5 9. FISCAL YEAR 2011/12 MID-YEAR REVENUE PROJECTIONS Page 95 Overview This item is for the Commission to: 1) Approve the mid-year revenue projections for FY 2011/12; 2) Approve the budget increase adjustments to Measure A revenues of $9.3 million and expenditures of $3,904,000, to reflect the revised Measure A projections; 3) Approve the budget increase adjustments to Local Transportation Fund (LTF) revenues and transfers in of $4,738,000, and expenditures and transfers out of $876,000 to reflect the revised L TF projections; and 4) Approve the budget decrease adjustments to Transportation Uniform Mitigation Fee (TUMF) revenues of $300,000 to reflect the revised TUMF projections. 10. FISCAL YEAR 2012/13 REVENUE PROJECTIONS Page 100 Overview This item is for the Commission to: 1) Approve the projections of the Local Transportation Fund (LTF) apportionment for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas; 2) Approve the projections for Measure A; and 3) Approve the projections for Transportation Uniform Mitigation Fee (TUMF) revenues. 11. AGREEMENT WITH SKANSKA CIVIL WEST USA FOR CONSTRUCTION OF THE STATE ROUTE 74/1NTERSTATE 215 INTERCHANGE IMPROVEMENT PROJECT IN THE CITY OF PERRIS Page 106 Overview This item is for the Commission to approve an increase in the contingency for Agreement No. 10-31-030-00 with Skanska USA Civil West (Skanska) for construction of the 74/215 interchange improvement project in the city of Perris (Perris) in the amount of $1 million for a revised total contingency of $2,343,996, and a revised total amount not to exceed $15,783, 000. Riverside County Transportation Commission Agenda January 11, 2012 Page 6 12. 2012 STATE AND FEDERAL LEGISLATIVE PLATFORMS Page 110 Overview This item is for the Commission to adopt the 2012 State and Federal Legislative Platforms. 13. ITEM(S} PULLED FROM CONSENT CALENDAR AGENDA 14. 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. 15. CLOSED SESSION 15A. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9 (b) Potential Number of Case(s): One 16. ADJOURNMENT The next Commission meeting and is scheduled to be held at 1 :00 p.m., Thursday, February 2, 2012, Embassy Suites La Quinta, La Quinta, CA. RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN-IN SHEET JANUARY 11, 2012 EMAIL AD RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROll CAll JANUARY 11, 2012 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 Beaumont City of Blythe City of Calimesa City of Canyon Lake City of Ca thedral Cit y City of Coachella City of Corona City of Desert Hot Springs City of Eastvale City of Hemet City of Indian Wells City of Indio City of Jurupa Valley City of La Quinta City of Lake Elsinore City of Menifee City of Moreno Valley City of Murrieta City of Norco City of Palm Desert City of Palm Springs City of Perris City of Rancho Mirage City of Riverside City of San Jacinto City of Temecula City of Wildomar Governor's Appointee, Caltrans District 8 Absent D Z D D D D D D D D D D D D D D D ...-er o D D D D D D D D D D D D D D D DEYACH AND SUBMIT TO THE CLERK OF THE BOARD K DATE: ')4a'f[" ·.;....01 Q.-~L::~~7 ) l\<~lf~J '"/ CHECK IF SUBJECT OF PUBLIC COMMENTS: Jf PUBLIC COMMENTS: fi/fl'w III EIf~Ro VG""" 1tfGTJJo LINK It; t'1t77olV AGENDA ITEM NO.: SUBJECT OF'f (AS USTED ON THE AGENDA) AGENDA ITEM:______________ _ _ NAME: V(Cfl. f( f3fJ/[Ney ' I3ltgtJ~7T PHONE NO.: CfS/~?4.,---',t9'1LJ ADDRESS: Jf'Z'f Ptd SP8:::r 1f·VE] //1 GffFiRcJ VE . Cit y"h6?T7 STREET ~ , CITY 7 ZIP CODE PHONE NO.: ________REPRESENTING : __ III Gf/GRo ~/ ;S 112M-, NAME OF AGENCY I ORGANIZATION I GROUP BUSINESS ADDRESS: CITY ZIP CODE STREET v DATE: .'11J/' t CHECK IF SUBJECT OF PUBLIC COMMENTS: 0 PUBLIC COMMENTS: r AGENDA ITEM NO.: SUBJECT OF (AS LISTED ON THE AGENDA) AGENDA ITEM:. ____________________ NAME: A!-Mld. 541'1 ______fhiyved PHONE NO.,. ADDRESS: _____________________ _____________ STREET CITY ZIP CODE REPRESENTING50 c;' I ,of A-)S a ( 0 F G-d v I r.s PHONE NO.: --------­ NAME OF AGENCY I ORGANIZATION I GROUP BUSINESS ADDRESS: CITY ZIP CODE STREET ~~ O~O~ COMPASS'~ :::::::". ~ SOUTHERN CALIFORNIA BLUEPRINT a project of ~ASSOCIATION of GOVERNMENTS building partnerships. serving communities. 2011 President's Excellence Award Visionary Planning (or Mob\li ty. Livability, P ros perity & Suslaina b ility City of Los Angeles & Los Angeles County M etrupolita n Tra nsportation America Fast Forward, 30/10 Plan and Sustainable Transit Communities The Vision for the 30/1 0 Plan is t ransformative -th e rail network in our region 's metropolitan area co uld double in 10 years! The backbone of Met.ro's system is its rail lines and Bus Rapid Transit. Areas around each of Los Angeles' rail and BRT stations will be.come ideal places to leverage M e tro's in vestment in its tran s it infrastructure through the Sustainable Transit Communities (STC) Program. SiXTH COMPASS BLUEPRINT On April 4, 2012, the Southern California AssociaNon of Governments (SCAG) will host the Sixth Annual Compass Blueprint Recognition Awards Program during the Regional Conference & General Assembly at the Westin Bonaventure Hotel & Suites in Los Angeles. As part of this event, SCAG will present awards to recognize the great planning and development work occurring throughout the region that exemplifies the Compass Blueprint Principles . Starting in January 2012, SCAG will begin accepting nominations for projects that coordinate land use and transportation actions to improve the mobility, livability, prosperity and sustainability of our region . More information on the types of projects SCAG is looking for can be foun d below.The Recognition Awards Program is open to all parties, including local governments, non-profits, developers and others. Partnerships are welcome; public agencies, in combinat ,ion with other public or private organizations or individuals may jointly submit an entry. Eligible submittals include plans, projects, and programs completed or adopted after January 1, 2007 and prior to February 1, 2012 . The deadline for nomination submittals is Wednesday, February 8,2012 at 2:00 P.M. ~M1 0 ~OQ COMPASS'~ BLUEPRINT building partnerships. ser ving communities. Compass Blueprint Principles 1. Improve mobility for all residents Encourage transportation investments and land use decisions that are mutua lly supportive Locate new housing near existing jobs and new jobs near existing hous ing Encourage transit·oriented deve lopment Promote a variety of trave l choices 2 . Foster livability in all communities Promote in-fill development and redevelopment to revitalize existing commun it ies Promote developments that provide a mix of uses Promote ·people-scaled "wa lka ole communities Suppo rt the preservation of stable neighborhoods 3. Enable prosperity for all people Provide a variety of hous ing types in each community to meet the housing needs of all income levels Support educational opportunities that promote balanced growth Ensure environmental justice regardless of race ,ethnicity or income class Support local and state fiscal policies that encourage balanced growth Encourage civ ic engagement 4. Promote sustainability for future generations Preserve rura~ agricultural, recrea tional and env ironmentally sensitive areas Focus development in urban center and existing cit ies Deve lop strateg ies to accommodate growth that uses resources efficiently and minimizes pollution and waste Ut ilize "green "development techniques 818 W. 7th Street , 12 th Floor, Los Angeles, CA 90017SOUTHERN CALIFORNIA a project of Tel. (213) 236-1800 I E-mail: in fo @co mpassbluepr int.or gASSOCIATION of GOVERNMENTS www.compassblueprint.org 14l6. upd ated: 2011.12.29 2011 Sustamed Leadershi.p City of Full e rton , Full erton Transportation Center Spec ifi c Plan T he Cty's visi o n is to create t he pre mie r tra ns it-ori e nted des tin ati on in Orange County --an u r b an and susta inab le t ra nsit -ori e nted ne ighborhood. The neig hbo rh ood w ill provide opp ortu n iti es t o live', wo rk , le arn , pl ay, d in e, and sho p. Th e Tr anspo rtatio n C e nte r Specifi c Plan sho ws th at th e C ity of Full ert on 's leade rs have em b race d su st ain abili ty as a fram e work for t h e community 's dec isio ns an d acti o ns. COMPASS BLUEPRINT APPLICATION PACKET The Recognition Awards Program rewards those projects, programs, and actions (e.g., policy or ordinance) in the SCAG region that demonstrate the Compass Blueprint Principles. The application packet and information on past years' award winners is available at www.compassblueprint.org . For questions ,contact Christopher Tzeng at (213) 236-1913 or tzeng@scag .ca .gov. A Application Procedure 1. Review the Eligib ility and Evaluation Process and Criteria . 2. There are four parts to the Recognition Awards application : a. 5u.lmli.ttiilbllID.: PDF copies of the form are available online at www. compas sbluepr int.org. b. EvaJ~LaJion Criteria Re~: Responses should be 2,000 words or less . Keep in mind that the application will be reviewed by a panel of judges ,and judges will favor entries that are persuasive and concise. PDF copies of the form can be completed electronica lly ; you must have Adobe Acrobat 9 Standard to save changes to the form . e Images: Include up to ten graphics to represent and demonstrate the quality of the project, program, or action. Images should be submitted in PowerPoint, as well as one of the following formats: TIFF,.IPG, or PDF . Photographs that showcase the community surroundings and community involvement are encouraged . d. Letters of Support. Applicants are encouraged to include letters of support from organizations and individuals involved in the project indicating why the project is worthy of an award . 3. The four parts ofthe application should be submitted via SCAG 's FTP site . To ensure all submittals are properly processed ,please include the following information : a. name of the submitting agency and project title in the subject line of the e-mail b. each part of the four-part application is clearly titled when uploading onto SCAG 's FTP site Please e-m ail Chri stopherTzengattzeng@scag.ca.gov for instructions and permission to upload onto SCAG 's FTP site before nomination packets SOUTHERN CALIFORNIA a project of ASSOCIATION of GOVERNMENTS are due on Wednesday, February 8, 2012 at 2:00 P.M . If you have further questions, please contact Christopher Tzeng at (213) 236-1913. There is no application fee for project su bmittals. Nomination packets must be uploaded onto SCAG's FTP site no later than 2:00 P.M. on Wednesday, February 8,2012. B. Eligibility The program is open to all projects, programs, and actions taken within the SCAG region. Nominations are welcome from cities, counties and subregions, in combination with individual developers, consultants, builders, and others who strive to implement the Compass Blueprint Principles. Eligible submittals must have been completed or adopted after January 1, 2007,and prior to February 1, 2012 . Submittals must clearly describe and demonstrate how the project, program, or action addresses the Compass Blueprint Pr inciples and other evaluation criteria . Eligible submittals should also demonstrate significant contributions to the community and excellence in planning and design. C . Eralu ati on Process and Criteria Projects will be evaluated by a panel of judges consisting of experts in the fields of planning and development. In an initial review,each entry will be scored based on the criteria . Projects that score a minimum point total will qualify for a second review consisting of a group evaluation by the full panel of judges, who will ultimately determine the winning entr ies for each category. D Awards The awards will be presented at the Compass Blueprint Recognition Awards Program on April 4, 2012 at the Westin Bonaventure Hotel & Suites in Los Angeles during SCAG's Regional Conference & Genera l Assembly. 818 W. 7th Stre et, 12th Floor, Los Angeles, CA 90017 Tel. (213) 236-1800 I E-mail : info @c ompassblueprint.org www.compas sblueprint.org 2011 Excellence AwaTd Vis lonaryPlannlng [or Mobllity City of Santa Ana, Transit Zoning Code Th e Santa Ana Transit Zoning Code pro vides development standards, graphics and architectural imagl's, and guidelines whi c h ar e a tre m e ndous resource for any c ommunity consiuering lanu usc changes along transit corridors or major arterials. It promotes prosperity hy increasing the amount of deveJopabl e land and allowing high e r d e nsities. COMPASS BLUEPRIN T EVALUATIoN CRiTERiA The awards jury will qualitatively compare the submittals for each of the Award Categories for strength in implementing Compass Blueprint Principles as well as results, transferability, and innovation/uniqueness. The jury will also consider the relative size and scope of projects. Cri teri a Poss ible Poi nts 1. Improve mobility for all residents 20 a. Encourage transportation investments and land use decisions that are mutually supportive b. Loca te new housing near existing jobs and new jobs near existing housing c. Encourage transit-oriented development d. Promote a variety of travel choices 2. Foster livability in all communities 20 a. Promote in-fill development and redevelopment to revitalize existing communities b. Promote developments that provide a mix of uses c. Promote "people-scaled" walkable communities d. Support the preservation of stable neighborhoods 3. Enable prosperity for all people 20 a. Provide a variety of housing types in each community to meet t~e housing needs of all income levels b. Support education opportunities that promote balanced growth. c. Ensure environmental justice regardless or race, ethnicity, or income class d. Support local and state fiscal policies that encourage balanced growth 4_Promote sustainabillty for future generations a. Preserve rural, agricultural, recreational, and environmentally sensitive areas b. Focus development in urban centers and existing cities c. Develop strategies to accommodate growth that use resources efficiently and minimize pollution and waste d. Utilize "green" development techniques 20 5. Demonstrate partner ship s with other public or private organizations, including local governmen ts and transportation commissions. Please describe partnerships and include Letters of Support from partnering organizations. 5 6. Results -The extent of the project's success in positively transforming communities and neighborhoods 5 7. Transferability -How this project is a model for other communities of how to grow in ways that im plement Com pass Blueprint Principles and protect the region's air, land, and water; reduce greenhouse gas emissions; provide safe and affordable housing; and strengthen the local economy. 5 8. Innovation/Uniqueness -Innovative and unique features of the project or plan 5 TO TAL Possible Points 100 818 W. 7th Street, 12th Floor, Los Angeles, CA 90017SOUTHERN CALIFORNIA a project of ASSOCIATION of GOVERNMENTS Tel. (213) 236-1800 I E-mail: info@compassblueprint.org www.compassblueprint.org 2011 Excellence Award Vlslanary P lanmnq taT Sustama b lllty City of W est H olly wood, C lim a te A ct ion Plan T h e We st H o ll ywood Cl imate ,\ctio n Plan (CA P) is an exa mpl e o f how a community can impleme n t a ll fou r Compass Bluc p r int prin c ipl es t hro u gh a multi-disc iplinary and compre h e ns ive program t h at promo t es susta in ab il ity. T h e C AP m a kes cl ea r the criti cal lin ks b e tween Lmd u se am] m obil ity, ty in g tr a n sit -sup port ive m ixed-use and infill dcvdopm e n t to m e anin gful re duc ti ons in G H G em issions. COMPASS BLUEPRlNT SUBMITTAL FORM (FILL OUT ALL THAT ARE APPLICABLE) Provide contact information for the indi vidual submitting this application. Name : Phone : E-mail : Submitter's Organi zation Name & Address : Pro vide contact information for an indi vidual to act as liaiso n for all correspondence to/from SCAG re garding this applica tion. Contact Person : Phone : E-mail: Primary Contact 's Organization Name & Address : Additional Contact Person (other than the nominator): Address: Phone : E-mail : Owner/Developer: Phone: E-mail: Organization Name & Address: Project Name & Address : Project Adoption ,Construction, or Compl etion Date : Key Statistics (to the extent possible or applicable ; e.g. number of units, commercial square footage , oUice square footage, open space square footage, etc): Description (maximum 500 words) (Note : You may submit a separate sheet of paper instead of comple ting the electronic form.): SCAG may use, reproduce, or make available lor reproduction by others the information on this lorm and any supporting materials and graphics provided. lor the purpose 01 publicizing the Recognition Awards or the applicant project. Name: Initial Here : Date : 818 W. 7t h Street , 12th Flo or, Lo s Angele s, CA 90017SOUTHERN CALIFORNtA a pro jec t of ASSOCIATION of GOVERNMENTS Tel. (213 ) 236-1 80 0 I E-mail: info @co mpas sb lueprint.org www.co mpa ss blueprint.o rg • 2011 Excellence Award Vtslonary Planning for Prospenty City of San Bernardino, Sustainable San Bernardino Energy Effi ciency Pilot Program San Bernard in o En e rgy Efficiency Pil o t Proj ec t , wh ic h is a co mponent of S ust aina ble S~lIl Bernardino, is design ed as a model loca l program that creates green jobs, lowers building energy costs, and reduces po llution and carbon em iss ions through th e in st a llation of energy effi Ciency an d re ne wabl e e ne rgy measu res in ex isting buildings from every sect or of th e loc al economy. COMPASS BLUEPRINT EVALUATiON CRiTERiA RESPONSE Basis for a project or plan rece iving an award: in bullet format, list up to five special innovative, and/or distinguishing reasons why the project should receive an award. Describe how the project addresses the Compass Blueprint Principles and other selection criteria. (Response cannot exceed 2,000 words. Note: You may submit a separate sheet ofpaper instead ofusing the electronic form. If saving electronically, you will need Adobe Acrobat 9 Standard.) 818 W. 7th Street , 12th Floor, Los Angeles ,CA 90017SOUTHERN CALIFORNIA a project of ASSOCIATION of GOVERNMENTS Tel. (213) 236-1800 I E-mail : info@compassblueprint.org www.compassblueprint.org • 2011 Excellence Award Visonary Plao'11ng for Livability City of Bra wl ey , Downtown Sp eci fi c Pl a n Th e Brawl ey D o w ntown Spec ifi c Plan a ll o ws fo r mixe d u se a nd inc reased resi dential cknsity. This Spec ifi c Plan encoura ges prope rty owne rs to re -purpose e xi stin g va c a n t a nd u nderutilized prope rti es as mix ed -us e (ret a il a nd offi ce), liv e/work and re c re ationa l uses; th e re by e liminatin g b li ght a nd faci li tating t h e re -birth o f Down t own. COMPASS BLUEPRiNT IMAGES Please submit up to 10 supporting graphics in two formats : (1) PowerPoint; and (2) TIFF ,JPG ,or PDF at a minimum resolution of 150 pixels per inch . The graph ics should be numbered ,and a brief, one-sentence description of each image should be completed for each PowerPoint slide below, cor responding to the image number, as well as on the notes page for each slide in the PowerPoint presentation . Photographs are encouraged. You may combine image descriptions with a color "contact sheet" showing thumbnails of included images . Please keep in mind that the project images are instrumental in helping ttle jury reach ,its decision . In addition, they may be used to make a video to be presented at the Awards Program and SCAG 's Regional Conference & Gen.eral Assembly, on SCAG's website ,and in case studies and articles; therefore, the higher the quality, the better. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 818 W. 7th Street, 12th Floor, Los Angele s, CA 90017SOUTHERN CALIFORNIA a project of ASSOCIATION of GOVERNMENTS Tel. (213) 236-1800 I E-mail : info @c omp assbl uep rin t.or g www.compassblueprint.org • REGIONAL TRANSPORTATION PLAN RT P sus,Q""";-"111" STRAm! Towards a SuslBinable Future Draft 2012-2035 Regional Transportation Plan/ Sustainable Communities Strategy (RTP/SCS) DeceUlber 20, 2011 • Release Draft RTP/SCS with Technical Appendices for Public Review and Comment Begin Formal Public Review and Comment Period December 30, 2011 Release Draft Program Environmental Impact Report (PEIR) for Public Review and Comment l aunch iRTP website N xt Step -January -February 2012 Outreach Workshops with Elected Officials two per county (open to the public) • Public Hearings - a total of six (dates & locations attached) February 14, 2012 Close of Comment Period for Draft RTP/SCS and PEIR April 4, 2012 Regional Council Certification of Final PEIR and Adoption of 2012-2035 RTP/SCS _~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS orkshops with Elect Offi· s Pub ic H arings VENTURA COUNTY I '!'Ii' la.m. Cama rill o Counc il Chamb er s 601 Car me n Drive Ca marill o, CA 93010 orks op: Janu ry l:i,2012 12:00 p.m. I H i I ng 0 shop 2:00 pm. Cama ril lo Li brary 410 1 Las Po sas Roa d Cam arillo, CA 93 010 LOS ANGELES COUNTY sh . J 1 2 .00 p.m. Carson Communi ty Ce nt er 3 Civic Plaza Drive Carson, CA 90 745 or snop: e mary 2, 2012 , 1 :00 p.m. 01 c e'lTir II 9 "ho :C1 J. Southe m Califo mia Ass ociation of Govern ments (SCAG) 81 8 W. 7t h Street, 12t h Fl oor Lo s An gele s, CA 90 017 "Videoconferoncing for the Las Angeles plibllc hearing will be available at SCAG's regional offices in Imperial. Orange. Riverside. San Bemardlno and Ventura courrt ies. SAN BERNARD NO Workshop~: January 18, 2012 / 1:00 p.m. Ib ic Hean t lIowmq or shop 0 p.m. San Berna rdin o Ass ocia ted Governme nts (SAN BAG) Santa Fe Dep ot 1170 W. 3r d Str ee t, 2nd Flo or (Sup er Ch ief Room) Sa n Be rnard ino , CA 924 10 'Workshop immediately following the 72:00 p.m. SANBAG Plans & Programs Policy Committee meeting "10 c:h p; J~nua 20,20 12 10;01) am. Devel opment Serv ic es Buil ding Apple Valle y Conference Center 14975 Dale Ev an s Pa rkway Apple Va lley , CA 92307 'Workshop immediately following the 9:00 a.m. SANBAG Mountain/Desert Committee meeting RIVERSIDE COUNTY Wo k hop; J nuary 23, 2012 1();{)08.m ri I u County of Riverside Administrative Cente r 4080 Lemon Street , 1st Floor (Board Chambers) Riverside, CA 92501 J r" " Coachella Valley Assoc iation of Govemments 73 -710 Fred Waring Drive , Room 119 (Executive Committee Boar d Room) Palm Desert. CA 92260 IMPERIAL COUNTY Public Heanng: January 25 2012 / 2:00 p.m. u I (g hp.anoo un. County of Imperial Administrative Center 94 0 Main Street EI Centr o, CA 92243 J "s or cl. L 2 00 p.m. SCAG Imp eri al Cou nty Office 1405 N. Impe rial Avenu e EI Cen tro, CA 92243 WTIIlJe available by vldeocomeronce from SCAG Main Office in Los Angeles ORANGE COUNTY WOrkshop: January 26, 2012 / 3:00 p.m. Public Hea n folIo ing ",or shop I; ;00 p.m. City of Anah ei m, Cou nc il Chamber s 20 0 S. Anah eim Bouleva rd Anaheim , CA 928 05 Workshop: F£.bruar 6, 2012 / 3:00 p.rn Br andman Uni vers it y 1635 5 La guna Canyo n Road Irvine , CA 92618 The dates and times for all upcoming workshops and public hearings will be posted on tile SCAG website at www.scag.ca.gov/rtp2012 . SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS 818 We st 7th Street, 12th Fl oor, Los Angeles , CA 90017 Tel : (213) 236-1800 I Fax : (213) 236-196 I www .s cag .ca .gov 2422 updated : 20 11.1 2.28 AGENDA ITEM 6 PUBLIC HEARING REVISIONS TO AGENDA ITEM 6 Add"fI Ions "In B Id It It D I f " St"1 tl=l F91:l€}0 'SICS, ee Ions In FI ~e RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: TO: FROM: THROUGH: SUBJECT: January 11, 2012 Riverside County Transportation Commission Gina Gallagher, Senior Staff Analyst Marlin Feenstra, Project Delivery Director Anne Mayer, Executive Director Resolutions of Necessity for the Acquisition of -Fee, Easement, and Temporary Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, for Freeway Purposes Including the Widening and Maintenance of Interstate 21 5 from Scott Road to Nuevo Road, in Riverside County, California STAFF RECOMMENDATION: This item is for the Commission to: 1) Conduct a hearing to consider the adoption of a resolutions of necessity, including providing all parties interested in the affected propertyfes 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 owners. -61­Adopt Resolution of Neoessity No. 12 001, "Reso,ll:Jtion of Necessity for the Acquisition af Fee, Easement, and TerRtaaFBry Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, ,~Aore Particularly Described as Assessor Parcel /"10. 311 120 022 (Ca#rans Parcel !Vos. 22406 1, 224062, 224063, 22406 4, 224066 and 224066), for Freeway Purposes ,Including the V'lidening and PAaintenance of Interstate 216 from Scott Road to !VuelfO Road, in Rlvo,"'side County, California"; and 4) Adopt Resolution of Necessity No. 12-002, "Resolution of Necessity for the Acquisition of Easement and Temporary Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 311-190-002, 311-190-035 and 311-190-044 fCaltrans Parcel Nos. 22404-1 and 22404-2), for Freeway Purposes Including the Widening and Maintenance of Interstate 215 from Scott Road to Nuevo Road, in Riverside County, California". BACKGROUND INFORMATION: The Commission is being asked to consider the adoption of a resolutions of necessity declaring its intent to acquire .fee, easement, and temporary construction easement interests in portions of certain real property, by eminent domain, more particularly described as APN 311 120022 (CPNs 22406 1, 22406 2, 22406 3, 224064, 224066 and 224066); and APNs 311-190-002, 311-190-035, and 311-190-044 (CPNs 22404-1 and 22404-2) for freeway purposes, including the widening and maintenance of 1-215 from Scott Road to Nuevo Road (Project), in Riverside County, California. The immediate need for the property acquisitions is to proceed with the construction of the Project. The acquisitions aFe is required for and will benefit the community by adding one lane in each direction, widening or replacing bridges, resurfacing existing lanes, and adding sound walls where necessary. Preliminary title reports were obtained from Lawyers Title Insurance Corporation 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 property appraised and made an offer to the record owners in compliance with the government code. Negotiations have been unsuccessful for the purchase of the property; however, the adoption of a resolution of necessity for each property 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 the attachments by eminent domain. The initiation of the eminent domain process is accomplished by the Commission's adoption of a resolution of necessity for the affected property. Description of Propertyies to be Acquired APN 311 120 022 (CPNs 22406 1, 22406 2, 22406 3, 22406 4, 22406 6 and 22406 6) are o'iAmed by Laurel Palms Apts., Inc. The property is located in Riverside County, California, and is referred to as the larger parcel. The property is improved '.·/ith an apartment complex. Fee, easement, and temporary construction easement interests are necessary for the Project. Agenda Item 6 APNs 311-190-002, 311-190-035, and 311-190-044 (CPNs 22404-1 and 22404-2) are owned by Seal Beach Business Center, Inc. The property is located in Riverside County, California, and is referred to as the larger parcel. The property is not improved. Easement and temporary construction easement interests are necessary for the Project. Project Description The Project will provide for the widening and maintenance of 1-215 from Scott Road to Nuevo Road, and other freeway purposes, in Riverside County, California. Hearings And Required Findings The action requested of the Commission at the conclusion of this hearing is the adoption of a resolutions of necessity, authorizing the acquisition of real property interests by eminent domain. The property owners afe is Seal Beach Business Center, Inc. and Laurel Palms /\pts., Ino. The propertyie& afe is further identified in the legal descriptions and depicted on the maps in Attachments 1 and 2. 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 property, 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 a 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 owners. Notices of the hearing were sent by first class mail to the property owners, and stated the Commission's intent to consider the adoption of a resolution, the right of each person to appear and be heard on these issues, and that failure to file a 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 1 5 days of the date of notice was mailed may appear and be heard. The Commission's legal counsel mailed the required notices to the property owners on December 9, 2011, in accordance with the California Code of Civil Procedure, section 1245.235. An amended notices weFe was mailed on December 15, 2011. Agenda Item 6 The property owners were was also invited to meet with Commission and Caltrans staff to address any concerns the property owners may have with the design of the Project in the manner proposed and the necessity of the acquisition. The four required findings are addressed as follows: 1. Public Interest and Necessity Require the Proposed Project The acquisition of the property is necessary to construct the Project, which will reduce traffic congestion and enhance safety by adding one lane in each direction, widening or replacing bridges, resurfacing existing lanes and adding sound walls where necessary. 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 indicate 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 that will result in the least private injury. 3. The 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 these parcels meet all the desired characteristics for the construction of the improvements for the Project. 4. The Offer of Just Compensation Has Been Made An appraisal and an appraisal review were prepared by the Commission's appraisers, Scott A. Lidgard, MAl, CCIM, and Sharon A. Hennessey, MAl, respectively, to establish the fair market value of the real property the Commission is seeking to acquire from the interests owned by the property owners identified herein. An offer of just compensation was made to the property owners to purchase the property interests, based on the approved appraisal, as required by Section 7267.2 of the California Government Code. Although a negotiated settlement may still be possible, it would be appropriate to commence the procedures to acquire the propertyfe.s. through eminent domain, to ensure that the propertyfe.s. will be available to meet the time frames associated with the construction of the Project. Agenda Item 6 Environmental Analysis Compliance with the California Environmental Quality Act (CEQA) has been satisfied by the adoption of the Mitigated Negative Declaration/Finding of No Significant Impact in April 2011. Fiscal Impact There is no fiscal impact for this action. Notice of Public Hearing Notices of Hearing to the property owners wer:e was mailed on December 9, 2011, to the property owners of record. An amended Notices of Hearing to the property owners wer:e was mailed on December 15, 2011. Attachments: 1) Resolution of NecessiW No. 12 001 2) Resolution of Necessity No. 12-002 Agenda Item 6 RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: January 11, 2012 TO: Riverside County Transportation Commission FROM: Gina Gallagher, Senior Staff Analyst Marlin Feenstra, Project Delivery Director THROUGH: Anne Mayer, Executive Director SUBJECT: Resolutions of Necessity for the Acquisition of Fee, Easement, and Temporary Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, for Freeway Purposes Including the Widening and Maintenance of Interstate 215 from Scott Road to Nuevo Road, in Riverside County, California STAFF RECOMMENDA TION: 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 owners. 3) Adopt Resolution of Necessity No. 12-001, "Resolution of Necessity for the Acquisition of Fee, Easement, and Temporary Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel No. 311 120-022 rCaltrans Parcel Nos. 22406-1, 22406-2, 22406-3, 22406-4, 22406-5 and 22406-6), for Freeway Purposes Including the Widening and Maintenance of Interstate 215 from Scott Road to Nuevo Road, in Riverside County, California"; and 4) Adopt Resolution of Necessity No. 12-002, "Resolution of Necessity for the Acquisition of Easement and Temporary Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 311-190-002, 311 190-035 and 311 190-044 rCaltrans Parcel Nos. 22404-1 and 22404-2), for Freeway Purposes Including the Widening and Maintenance of Interstate 215 from Scott Road to Nuevo Road, in Riverside County, California". Agenda Item 6 1 BACKGROUND INFORMA TION: The Commission is being asked to consider the adoption of resolutions of necessity declaring its intent to acquire fee, easement, and temporary construction easement interests in portions of certain real property, by eminent domain, more particularly described as APN 311-120-022 (CPNs 22406-1, 22406-2, 22406-3, 22406-4, 22406-5 and 22406-6); and APNs 311-190-002, 311-190-035, and 311-190-044 (CPNs 22404-1 and 22404-2) for freeway purposes, including the widening and maintenance of 1-215 from Scott Road to Nuevo Road (project), in Riverside County, California. The immediate need for the property acquisitions is to proceed with the construction of the Project. The acquisitions are required for and will benefit the community by adding one lane in each direction, widening or replacing bridges, resurfacing existing lanes, and adding sound walls where necessary. Preliminary title reports were obtained from Lawyers Title Insurance Corporation 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 property appraised and made an offer to the record owners in compliance with the government code. Negotiations have been unsuccessful for the purchase of the property; however, the adoption of a resolution of necessity for each property 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 the attachments by eminent domain. The initiation of the eminent domain process is accomplished by the Commission's adoption of a resolution of necessity for the affected property. Description of Properties to be Acquired APN 311 120-022 (CPNs 22406-1, 22406-2, 22406-3, 22406-4, 22406-5 and 22406-6) are owned by Laurel Palms Apts., Inc. The property is located in Riverside County, California, and is referred to as the larger parcel. The property is improved with an apartment complex. Fee, easement, and temporary construction easement interests are necessary for the Project. Agenda Item 6 2 APNs 311-190-002, 311-190-035, and 311-190-044 (CPNs 22404-1 and 22404-2) are owned by Seal Beach Business Center, Inc. The property is located in Riverside County, California, and is referred to as the larger parcel. The property is not improved. Easement and temporary construction easement interests are necessary for the Project. Project Description The Project will provide for the widening and maintenance of 1-215 from Scott Road to Nuevo Road, and other freeway purposes, in Riverside County, California. Hearings And Required Findings The action requested of the Commission at the conclusion of this hearing is the adoption of resolutions of necessity, authorizing the acquisition of real property interests by eminent domain. The property owners are Seal Beach Business Center, Inc. and Laurel Palms Apts., Inc. The properties are further identified in the legal descriptions and depicted on the maps in Attachments 1 and 2. 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 property, 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 a 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 owners. Notices of the hearing were sent by first class mail to the property owners, and stated the Commission's intent to consider the adoption of a resolution, the right of each person to appear and be heard on these issues, and that failure to file a 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 notices to the property owners on December 9, 2011, in accordance with the California Code of Civil Procedure, section 1245.235. Amended notices were mailed on December 15, 2011. Agenda Item 6 3 The property owners were also invited to meet with Commission and Caltrans staff to address any concerns the property owners may have with the design of the Project in the manner proposed and the necessity of the acquisition. The four required findings are addressed as follows: 1. Public Interest and Necessity Require the Proposed Project The acquisition of the property is necessary to construct the Project, which will reduce traffic congestion and enhance safety by adding one lane in each direction, widening or replacing bridges, resurfacing existing lanes and adding soundwalls where necessary. 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 indicate 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 that will result in the least private injury. 3. The 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 these parcels meet all the desired characteristics for the construction of the improvements for the Project. 4. The Offer of Just Compensation Has Been Made An appraisal and an appraisal review were prepared by the Commission's appraisers, Scott A. Lidgard, MAl, CCIM, and Sharon A. Hennessey, MAl, respectively, to establish the fair market value of the real property the Commission is seeking to acquire from the interests owned by the property owners identified herein. An offer of just compensation was made to the property owners to purchase the property interests, based on the approved appraisal, as required by Section 7267.2 of the California Government Code. Although a negotiated settlement may still be possible, it would be appropriate to commence the procedures to acquire the properties through eminent domain, to ensure that the properties will be available to meet the time frames associated with the construction of the Project. Agenda Item 6 4 Environmental Analysis Compliance with the California Environmental Quality Act (CEQA) has been satisfied by the adoption of the Mitigated Negative Declaration/Finding of 1\10 Significant Impact in April 2011. Fiscal Impact There is no fiscal impact for this action. Notice of Public Hearing Notices of Hearing to Property Owners were mailed on December 9, 2011, to the property owners of record. Amended Notices of Hearing to Property Owners were mailed on December 15, 2011. Attachments: 1) Resolution of Necessity No. 12-001 2) Resolution of Necessity No. 12-002 Agenda Item 6 5 ATTACHMENT 1 RESOLUTION NO. 12-001 Resolution of Necessity for the Acquisition of Fee, Easement and Temporary Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel No. 311-120-022 (Caltrans Parcel Nos. 22406-1, 22406-2, 22406-3, 22406-4, 22406-5, and 22406-6) for Freeway Purposes Including the Widening and Maintenance of Interstate 215 from Scott Road to Nuevo Road, in Riverside County, California WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee, easement and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 311-120-022 (Caltrans Parcel Nos. 22406-1, 22406-2, 22406-3, 22406-4, 22406-5, and 22406-6), for freeway purposes including the widening and maintenance of Interstate 215 from Scott Road to Nuevo Road, 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, January 11, 2012 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. 6 Section 2. Public Use. The public use for the fee, easement and temporary construction easement interests in the property to be acquired is for freeway purposes, including the widening and maintenance of Interstate 21 5 (I-21 5) from Scott Road to Nuevo Road, in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "1" are the legal descriptions and plat maps of the interest 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 6. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest 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 interest 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 affected by the interest 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 7 public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property 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 property in the name of and on behalf of the 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 11th day of January, 2012. John J. Benoit, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 8 5 10 15 20 25 30 PSOMAS EXHIBIT"A" 2 LEGAL DESCRIPTION 3 4 PARCEL 22406-1 APN 311-120-022 6 7 That portion of Lot A in Block 10 of Figadota Fanus No.8, in the City of Perris, County 8 of Riverside, State of California, as shown on the map filed in Book 16, Pages 88 and 89 9 of Maps, in the Office of the County Recorder of said County, together with that portion of Lot C in Block 4 of Figadota Fanns No.8-A, as shown on the map filed in Book 17, II Page I of Maps, in the Office of the County Recorder of said County, described as 12 follows: 13 14 Beginning at the intersection of the westerly line of Perris Boulevard, having a 50 foot westerly half width as shown on said maps, with the southwesterly right of way line of 16 State Route 215, 142 feet wide as described in a deed to the State of California recorded 17 September 5, 1952, in Book 1397, Page 566, of Official Records, in the office of the 18 County Recorder of said County; thence along said southwesterly right of way line 19 North 51 ° 18'04" West 828.54 feet to the beginning of a non-tangent curve, concave westerly, having a radius of73 1.50 feet, a radial line to said curve bears 21 South 85°23' 53" East, said curve also being the True Point of Beginning; thence 22 southerly along said curve through a central angle of 06"57'26" an arc distance of 23 88.83 feet; thence South 11°33'33" West 178.37 feet to the easterly right of way line of 24 State Route 215 as described in a Director's Deed to Bertha E. Colahan recorded March 10, 1952, in Book 1348, Page 402, of Official Records, in the office the County 26 Recorder of said County; thence along said easterly right of way line 27 North 03°29'54" West 27.10 feet to the northeasterly right of way line of State Route 215 28 as described in a Director's Deed to Edwin and Rose Guy recorded 11, [ 29 as Instrument No. 159620, ofOfticial Records, in the office of the County Recorder of said County; thence along said 110l1heasterly right of "vay line North 06°5S'20" East 31 feet to the southwesterly right of way iine of State Route 215, wide as EXHIBIT 2 PAGE 1 9 5 10 15 20 25 30 PSOMAS described in said Director's Deed; thence along last said southwesterly right of way line 2 South 51018'04" East 24.58 feet to the True Point of Beginning. 3 4 Contains 4,072 square feet, more or less. 6 The distances described herein are grid distances and are based on California Coordinate 7 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 8 grid distances by the mean combination factor of the courses being described. The mean 9 combination factor for this conversion is 0.99991367. 11 This conveyance is made for the purpose of a freeway and the Grantor hereby releases 12 and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to 13 Grantor's remaining property, in and to said freeway. 14 This legal description was prepared by me or under my direction. 16 17 18 David A. Moritz, PLS 7388 19 21 22 23 24 26 27 28 29 31 08/31/11 Date EXHIBIT 2 PAGE! 2 10 5 10 15 20 25 30 PSOMAS 2 3 4 PARCEL 22406-2 APN 311-120-022 6 EXHIBIT "A" LEGAL DESCRIPTION 7 That portion of the northeast quarter of the southeast quarter of Section 30, 8 Township 4 South, Range 3 West, San Bernardino Base and Meridian, in the City of 9 Perris, County of Riverside, State of California, according to the official plat thereof, together with those portions of Lots A and B in Block 11, and Lot A in Block 10 of 11 Figadota Fanns No.8, as shown on the map filed in Book 16, Pages 88 and 89 of Maps, 12 in the Office of the County Recorder of said County, together with that portion of Lot C 13 in Block 4 of Figadota Farms No.8-A, as shown on the map filed in Book 17, Page 1 of 14 Maps, in the Office of the County Recorder of said County, described as follows: 16 Beginning at the intersection of the westerly line of Perris Boulevard, having a 50 foot 17 westerly half width as shown on said maps, with the southwesterly right of way line of 18 State Route 215, 142 feet wide as described in a deed to the State of California recorded 19 September 5,1952, in Book 1397, Page 566, of Official Records, in the office of the County Recorder of said County; thence along said southwesterly right of way line 21 North 51018'04" West 94.51 feet to the southerly line of said Lot B and True Point of 22 Beginning; thence continuing along the southwesterly right of way line of State Route 23 215, 142 feet wide as described in a Director's Deed to Keith and Alene Krug recorded 24 December 3, 1973 as InstrumentNo. 155998, of Official Records, in the office of the County Recorder of said County, North 51 ° J 8'04" West 734.03 feet to the beginning of a non-tangent curve, concave westerly, having a radius of 731.50 feet, a radial line to said 27 curve bears South 85°23' 53" East; thence southerly along said curve through a central angle of 00"56'26" an arc distance of 12.01 feet to a line that is 10.00 feet southwesterly 2 9 of and parallel with the southwesterly right of way line of State Route 215, 142 feet wide as described in a Director's Deed to Edwin and Rose Guy recorded December IJ, 1973 as [nstl'ument No. 159620, of Official Records. in the oftice of the (millty Recorder of }( EXHIBIT 2 PAGE :3 11 5 10 15 20 25 30 PSOMAS 1 said County; thence along said parallel line South 51018'04" East 714.63 feet to said 2 southerly line; thence along said southerly line South 89°24'34" East 16.20 feet to the 3 True Point of Beginning. 4 Contains 7,243 square feet, more or less. 6 7 The distances described herein are grid distances and are based on California Coordinate 8 System of 1983, Zone 6,2007.00 epoch. Ground distances may be obtained by dividing 9 grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99991367. 11 12 This legal description was prepared by me or under my direction. 13 14 David A. Moritz, PLS 7388 16 17 18 19 21 22 23 24 26 27 28 29 31 08/31/11 Date SLR'V[c'1 LLt';ALS,Pf)2240o-.2.l)f){. 8."3 L::O t 1 7--04 PM EXHIBIT 2 PAGE 4 12 5 10 15 20 25 30 PSOMAS 2 3 4 PARCEL 22406-3 APN 311-120-022 6 EXHIBIT"A" LEGAL DESCRIPTION 7 That portion of Lot A in Block 10 of Figadota Farms No.8, in the City of Perris, County 8 of Riverside, State of Cali fomi a, as shown on the map filed in Book 16, Pages 88 and 89 9 of Maps, in the Office of the County Recorder of said County, and together with that portion of Lot C in Block 4 of Figadota Farms No.8-A, in said City of said County, as 11 shown on the map filed in Book 17, Page I of Maps, in the Office of the County 12 Recorder of said County, described as follows: 13 14 Beginning at the intersection of the westerly line of Perris Boulevard, having a 50 foot westerly halfwidth as shown on said maps, with the southwesterly right of way line of 16 State Route 215, 142 feet wide as described in a deed to the State of Cali fomi a recorded 17 September 5, 1952, in Book 1397, Page 566, of Official Records, in the office ofthe 18 County Recorder of said County; thence along said southwesterly right of way line 19 North 51°18'04" West 828.54 feet to the beginning of a non-tangent curve, concave westerly, having a radius of731.50 feet, a radial line to said curve bears 21 South 85°23'53" East; thence southerly along said curve through a central angle of 22 00°56 '26" an arc distance of 12.01 feet to a line that is 10.00 feet southwesterly of and 23 parallel with the southwesterly right of way line of State Route 215, 142 feet wide as 24 described in a Director's Deed to Edwin and Rose Guy recorded December 11, 1973 as fnstrument No. 159620, of Official Records, in the office of the County Recorder of said 26 County, and the True Point of Beginning; thence continuing southerly along said curve 27 through a central angle of 06°0 I '00" an arc distance of 76.82 feet; thence 28 South J 1°33'33" West 178.37 feet to the easterly right of way tine of State Route 215 as 29 described in a Director's Deed to Bertha E. Colahan recorded March 10, 1952, in Book 1348, Page 402, of Official Records, in the office of the County Recorder of said Cowlty; 31 thence along said easterly right of way line South 0)'°29'54" East 38.50 feet; thence North EXHIBIT 2 PAGE 5 13 5 10 15 20 25 30 PSOMAS IIO}}'33" East 215.54 feet to the beginning of a curve, concave westerly, having a radius 2 of 741.50 feet; thence northerly along said curve through a central angle of 05°30'48" an 3 arc distance of71.35 feet to a line that is 10.00 feet southwesterly of and parallel with the 4 southwesterly right of way line of said Director's Deed to Edwin and Rose Guy; thence along said parallel line North 51 °18'04" West 11.91 feet to the True Point of Beginning. 6 7 Contains 2,710 square feet, more or less. 8 9 The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 11 grid distances by the mean combination factor of the courses being described. The mean 12 combination factor for this conversion is 0.99991367. 13 14 This legal description was prepared by me or under my direction. 16 17 David A. Moritz, PLS 7388 18 19 21 " 22 23 24 26 27 29 31 08/31111 Date .2 or EXHIBIT 2 PAGE 6 14 5 10 15 20 25 30 PSOMAS EXHIBIT"A" 2 LEGAL DESCRIPTION 4 PARCEL 22406-4 APN 311-120-022 6 7 That portion of the northeast quarter of the southeast quarter of Section 30, 8 TO\vnship 4 South, Range 3 West, San Bernardino Base and Meridian, in the City of 9 Perris, County of Riverside, State of California, according to the official plat thereof, together with those portions of Lots A and B in Block 11, and Lot A in Block 10 of 11 Figadota Farms No.8, as shown on the map filed in Book 16, Pages 88 and 89 of Maps, 12 in the Office of the County Recorder of said County, together with that portion of Lot C 13 in Block 4 ofFigadota Farms No.8-A, as shown on the map filed in Book 17, Page 1 of 14 Maps, in the Office of the County Recorder of said County, described as follows: 16 Beginning at the intersection of the westerly line of Perris Boulevard, having 50 foot 17 westerly half width as shown on said maps, with the southwesterly right of way line of 18 State Route 215, 142 feet wide as described in a deed to the State of Cali fomi a recorded 19 September 5, 1952, in Book 13 97, Page 566, of Official Records, in the office of the County Recorder of said County; thence along said southwesterly right of way line 21 North 51 °18'04" West 94.51 feetto the southerly line of said Lot B; thence along said 22 southerly line North 89°24'34" West 16.20 feet to a line that is 10.00 feet southwesterly 23 of and parallel with the southwesterly right of way line of State Route 215, 142 feet wide 24 as described in a Director's Deed to Keith and Alene Krug recorded December 3, 1973 as [nstmmem No. 155998, of Official Records, in the office of the County Recorder of said 26 County; thence along said parallel line North 51 <) 18'04" West 191,75 feet to the True 27 Point of Beginning; thence continuing along said parallel line North 51 ° 18'04" West 28 510,97 feet to the beginning ofa non-tangent curve, concave westerly, having a radius of 29 741.50 feet, a radial line to said curve bears South 83°57'! Ea'it; thence southerly along said curve through a central angle of 05°30'48" an arc distance 7U5 31 thence South I P33'33" West 20.21 feet: t!1I:mce North 38°41'56" East to a line EXHIBIT '2 PAGE ,. 15 5 10 15 20 25 30 PSOMAS that is 35.00 feet south\vesterly of and parallel with the southwesterly right of way line of 2 State Route 215, 142 feet wide as described in a Director's Deed to Edwin and Rose Guy 3 recorded December 11, 1973 as Instrument No. 159620, of Official Records, in the office 4 of the County Recorder of said County; thence along said parallel line South 51018'04" East 466.20 feet; thence North 38°41'56" East 25.00 feet to the True 6 Point of Beginning. 7 8 Contains 13,367 square feet, more or less. 9 The distances described herein are grid distances and are based on California Coordinate 11 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 12 ! grid distances by the mean combination factor of the courses being described. The mean 13 combination factor for this conversion is 0.99991367. 14 16 This legal description was prepared by me or under my direction. 17 18 19 David A. Moritz, PLS 7388 21 22 23 24 26 27 28 29 3] 08/31/11 Date : j EXHIBIT 2 PAGE a 16 5 10 15 20 25 30 PSOMAS 2 3 4 PARCEL 22406-5 APN311-120-022 6 EXHIBIT"A" LEGAL DESCRIPTION 7 Those portions of lots A and B in Block to of Figadota Fanns No.8, in the City of 8 Perris, County of Riverside, State of California, as shown on the map filed in Book 16, 9 Pages 88 and 89 of Maps, in the Office of the County Recorder of said County, together with that portion of lot C in Block 4 of Figadota Farms No.8-A, as shown on the map 11 filed in Book 17, Page 1 of Maps, in the Office of the County Recorder of said County, 12 described as follows: 13 14 Beginning at the intersection of the westerly line of Perris Boulevard, having a 50 foot westerly half width as shown on said maps, with the southwesterly right of way line of 16 State Route 215, 142 feet wide as described in a deed to the State of California recorded 17 September 5,1952, in Book 1397, Page 566, of Official Records, in the office of the 18 County Recorder of said County; thence along said southwesterly right of way line 19 North 51 ° 18'04 If West 94.51 feet to the southerly line of said lot B; thence along said southerly line North 89°24'34" West 16.20 feet to a line that is 10.00 feet southwesterly 21 of and parallel with the southwesterly right of way line of State Route 215, 142 feet wide 22 as described in a Director's Deed to Keith and Alene Krug recorded December 3, 1973 as 23 Instrument No. 155998, of Official Records, in the office of the County Recorder of said 24 County; thence along said parallel line North 51 ° 18'04 II West 702.72 feet to the beginning of a non-tangent curve, concave westerly, having a radius of741.50 feet, a 26 radial line to said curve bears South 83°57' IS" East; thence southerly along said curve 27 through a central angle of 05°30'48" an arc distance of7L35 feet; thence South lI"3)'3}" West 57.36 feet to the True Point of Beginning; thence continuing 29 South II °33'33" West 158.18 feet to the easterly right of way line of State Route 215 as described in a Director's Deed to Bertha E. Colahan recorded March 10, 1952, in Book 31 !.148, Page 402, of Official Records, in the offke of the County Recorder of said County; ! of EXHIBIT 2 PAGE 9 17 PSOMAS thence along said easterly right of way line South 03°29'54" East 50.00 feet; thence 2 North 07°57'33" East 206.88 feet to the True Point of Beginning. 3 4 Contains 1,027 square feet, more or less. 5 6 The distances described herein are grid distances and are based on California Coordinate 7 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 8 grid distances by the mean combination factor of the courses being described. The mean 9 combination factor for this conversion is 0.99991367. 10 11 12 This legal description was prepared by me or under my direction. 13 08/31/11 14 ] 5 David A. Moritz, PLS 7388 Date 16 17 18 19 20 21 22 23 24 25 26 27 28 29 10 ., I J I 2 ·)f 2 eXHIBIT 2 PAGE 10 18 PSOMAS 2 3 4 5 6 PARCEL 22406-6 APN 311-120-022 EXHIBIT "A" LEGAL DESCRIPTION 7 That portion of Lot B in Block 10 of Figadota Fanns No.8, in the City of Perris, County 8 of Riverside, State of California, as shown on the map filed in Book 16, Pages 88 and 89 9 of Maps, in the Office of the County Recorder of said County, described as follows: 10 11 Beginning at the intersection of the southerly line of said Lot B, with the easterly right of 12 way line of State Route 215 as described in a Director's Deed to Bertha E. Colahan 13 recorded March 10, 1952, in Book 1348, Page 402, of Official Records, in the office of 14 the County Recorder of said County; thence along said easterly right of way line 15 North 03°29'54" West 35.09 feet; thence South 89°24'34" East 50.13 feet; thence 16 South 03°29'54" East 35.09 feet to said southerly line; thence along said southerly line 17 North 89°24'34" West 50.13 feet to the Point of Beginning. 18 19 Contains 1,754 square feet, more or less. 20 21 The distances described herein are grid distances and are based on California Coordinate 22 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 23 grid distances by the mean combination factor of the courses being described. The mean 24 combination factor for this conversion is 0.99991367. 25 26 This legal description was prepared by me or under my direction. 27 08/31111 28 29 David A. Moritz, PLS 7388 Date () EXHIBIT 2 PAGE 11 19 RWOII0I36·IIS 20 ATTACHMENT 2 RESOLUTION NO. 12-002 Resolution of Necessity for the Acquisition of Easement and Temporary Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 311-190-002, 311-190-035 and 311-190-044 (Caltrans Parcel I\los. 22404-1 And 22404-2), for Freeway Purposes Including the Widening and Maintenance of Interstate 215 from Scott Road to Nuevo Road, in Riverside County, California WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire easement and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Nos. 311 190-002, 311 190-035, and 311-190-044 (Caltrans Parcel Nos. 22404-1 and 22404-2, for freeway purposes including the widening and maintenance of Interstate 215 from Scott Road to Nuevo Road, 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, January 11, 2012 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. 21 Section 2. Public Use. The public use for the easement and temporary construction easement interests in the property to be acquired is for freeway purposes, including the widening and maintenance of Interstate 215 (1-215) from Scott Road to Nuevo Road, in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit" 1" are the legal descriptions and plat maps of the interest 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. Some or all of the real property affected by the interest 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 interest 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 affected by the interest 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 22 public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property 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 property in the name of and on behalf of the 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 11th day of January, 2012. John J. Benoit, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 23 5 10 15 20 25 30 PSOMAS 2 3 4 PARCEL 22404-1 EXHIBIT "A" LEGAL DESCRIPTION APN 311-190-002, APN 311-190-044 6 7 Those portions of Lots B, C, and D in Block 4 of Figadota Farms No.2, in the City of 8 Perris, County of Riverside, State of California, as shown on the map filed in Book 16, 9 Page 63 of Maps, in the Office of the County Recorder of said County, described as follows: I I J2 Beginning at the intersection of the southerly line of Dale Street (formerly Evans Street), 13 having a 30 foot southerly half width as shown on said map, with the northeasterly right 14 of way line of State Route 215, 142 feet wide, as described in a deed to the State of California recorded March 26, 1952, in Book 1353, Page 543, of Official Records, in the 16 office of the County Recorder of said County; thence along said southerly line 17 South 89"37' 19" East 11.29 feet to a line that is 7.00 feet northeasterly of and parallel 18 with said northeasterly right of way line; thence along said parallel line 19 South 51" 18'04" East 453.46 feet to the easterly line of said Lot D; thence along said easterly line South 0"32'19" West 8.90 feet to the northeasterly right of way line of State 21 Route 215, 142 feet wide, as described in a deed to the State of California recorded 22 February 7, 1952, in Book 1340, Page 41, of Official Records, in the office of the County 23 Recorder of said County; thence along said northeasterly right of way lines 24 North 51"18'04" West 467.82 feet to the Point of Beginning. 26 Contains 3,224 square feet, more or less. 27 28 The distances described herein are grid distances and are ba'{ed on California Coordinate 29 System of 1983, Zone 6. 2007.00 epoch. Ground distances may be obtained by dividing distances by the mean combination factor of the courses being described. The mean II combination factor for this conversion is 0.99991367, ( of2 EXHIBIT 1, PAGE 1 24 5 10 15 20 25 30 PSOMAS 2 This legal description was prepared by me or under my direction. 3 08/3 III I 4 David A. Moritz, PLS 7388 Date 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 EXHIBIT 1, PAGE. 2 25 31 5 10 15 20 25 30 PSOMAS EXHIBIT"A " 2 LEGAL DESCRIPTION 3 4 PARCEL 22404-2 APN 311-190-002, APN 311-J90-035, APN 311-190-044 6 7 Those portions of Lots B, C, and D in Block 4, and Lot A in Block 13 of Figadota Fanus 8 No.2, in the City of Perris, County of Riverside, State of California, as shown on the 9 map filed in Book 16, Page 63 of Maps, in the Office of the County Recorder of said County, described as follows: It 12 Beginning at the intersection of the southerly line of Dale Street (formerly Evans Street), 13 having a 30 foot southerly half width as shown on said map, with the northeasterly right 14 of way line of State Route 215, 142 feet wide as described in a deed to the State of California recorded March 26, 1952, in Book 1353, Page 543, of Official Records, in the 16 office of the County Recorder of said County; thence along said southerly line South 17 89°37'19" East 11.29 feet to a line that is 7.00 feet northeasterly of and parallel with said 18 northeasterly right of way line and the True Point of Beginning; thence continuing along 19 said southerly line South 89°37'19" East 31.89 feet to the beginning of a non-tangent curve, concave northeasterly, having a radius of 48.00 feet, a radial line to said curve 21 bears South 75°54'01 "West, said curve being the southerly line of Dale Street (formerly 22 Evans Street) as described in a deed to the City of Perris recorded July 11, 1988 as 23 Instrument No. 190262, of Official Records, in the office of the County Recorder of said 24 County; thence southerly, southeasterly and easterly along said curve and said southerly line through a central angle of 80°22'33" an arc distance of 67.34 teet to a line that is 26 30.00 teet northeasterly of and parallel with said northeasterly right of way line; thence 27 along said parallel line South 51018'04" East 426.02 feet to the southerly line of said Lot 28 A; thence along said southerly line North 89°37'42" West 48.38 feet to the northeasterly right of way line of State Route 215, 142 feet wide as described in a deed to the State of California recorded February 7. J952, in Book) 340, Page 41, of Official Records, in the 3 I office of the County Recorder of said County; thence along said northeasterly right itS2G SCR":..;'E\r"'·-Lf.:tif\Lj E --2:2A04-2,f){)C 83i l 2011706PM EXHUUT 1, PAGE:3 26 5 10 15 20 25 30 PSOMAS way line North 51018'04" West 15.99 feet to the easterly line of said Lot D; thence along. 2 said easterly line North 0°32' 19" East 8.90 feet to a line that is 7.00 feet northeasterly of 3 and parallel with said northeasterly right of way line; thence along said parallel line 4 North 51 018'04" West 453.46 feet to the True Point of Beginning. 6 Contains 10,716 square feet, more or less. 7 8 The distances described herein are grid distances and are based on California Coordinate 9 System of 1983, Zone 6,2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean I} combination factor for this conversion is 0.99991367. 12 13 This legal description was prepared by me or under my direction. 14 16 David A. Moritz, PLS 7388 17 I 18 I 19 21 22 23 24 26 27 28 29 31 SLR\/E .LE(!ALS 08/31111 Date DOC EXHIBIT 1, PAGE 4 27 ------------------------------------------------------------------------------------------------------------------------------------------l~'":;: ~ ~ ; o Q '<> ,/" '" 0"'./ ./ ~\) ",/ '~"'"".:r<"". ,'// to-,/ /""" ,O-{, // \~~+"'t../ /,/ ~ ):p~,\ ,.. ../ Q ~./ '1>.... ./ \~~~~, /" 0" ,ofi v/" '6 '\ \) l;., -f-,/' '\(., .// //""~~<..~* /" \.-"'l\'.. 4-v~/~...~\...O \..0"\ /" \,0.1/ // '~~\,,"). ,/'" ~~ ~~/ I'V /',; ...r <.9 ,,/ /' ,,"'-;''''', ~ )0 ./'" -; • <" (" _ ,/ a. ,,/ \~(~~... ,/ '\'} ;GADO-rA FAHMS No .. 2/ "1-;" V '" ./ ,,':-.....>. ./ (t.~ // /' , "" // 0' /..$[£ DETAIL 7A" '~~ //' ",,:8, 1.,lb3 / 0\4~, ~ . /. \... .F"" ../ r'\ .../ 'APN 1"~!90'v~S// \.. 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IlWUtlJ.·04 ...'" ,:' ItJR ..... m;1I.I1 ...... 1""0N00iI0I1!\,lN'>i.! oW"j5If"0Q4. ,1'>«1} ~~;,~ 0 : i..... f· ~''':;;:--=',:----;.. ...... ~ 1:1 ;~~::C:~~H ~lt t:~'tOf~U SIO(rt ~..;o~ ~(t .. :-:"1:"" • 1"11 1'.1121,0: ".! "J '", UI ro ;:: u; a 0>-0 <C Cl lL.. ': ·'1:x~m~1rr.~'E 6 29 IMIk INDIAN WELLS SAcRAMENTO (760) 568-261 1 (9 I 6) 325-4000 BEST BEST & KRIEGER:!IRVINE SAN DIEGO (949) 263-2600 ATTORNEYS AT LAW (619) 525-1300 Los ANGELES WALNUT CREEK (213) 617-8100 (925) 977-3300 3750 UNIVERSITY AVENUE, SUITE 400, P,O, Box 1028, RIVERSIDE, CA 92502 ONTARIO PHONE: (95 I ) 686-1450 I FAX: (95 I ) 686-3083 I WWW,SSKLAW.COM WASHINGTON, DC (909) 989-8584 (202) 785-0600 MARK A. EASTER (951) 826-8237 , , ,2 0 1~1 Wll'~ .. ' 'D~ i~~. \.1 .:=!MARK. EASTER@BBKLAW.COM \J\\ . E~C 1 9 201' December 19,2011" 0-I RiVERSIDE COUNTY TRANSPORTATION COMMISSION Jennifer Harmon VIA HAND DELIVERY Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 Re: RCTC/I-215 Widening, Segment 2 (Central) Notices of Hearing to Property Owners of Resolution of Necessity Hearing Scheduled for January 11,2012 (Seal Beach Business Center, Inc. and Laurel Palms Apts., Inc) Dear Jennifer: Enclosed are the original Amended Notices of Hearing to Property Owners, with proofs of mailing, of the hearing on the Resolution of Necessity scheduled for January 11, 2012, Copies of the Amended Notices were timely mailed on December 15, 2011. These copies are provided for your, should you need to note the proofs of mailing of the Amended Notices at the hearing. Please do not hesitate to contact me should have any questions or concerns. vtp;0=' Mark A. Easter of BEST BEST & ~~'-".LJ",ER LLP Enclosures copy: Gina Gallagher, Senior Staff Analyst (w/copy of Enclosures) 1733601901 \7066882, I IMIK INDIAN WELLS SACRAMENTO (760) 566-261 I (916) 325-4000 BEST BEST & KRIEGER ~ IRVINE SAN DIEOO (949) 263-2600 ATTORNEYS AT LAW (619) 525-1300 Los ANGELES WALNUT CREEK (2 1 3) 61 7-6 100 (925) 977-3300 3750 UNIVERSITY AVENUE, SUITE 400, P.O. Box 1026, RIVERSIDE, CA 92502 ONTARIO PHONE: (951) 666-1450 I FAX: (95 I) 666-3083 I WWW.BBKL.AW.COM WASHINGTON, DC (909) 989-8584 (202) 765-0600 MARGARET L. BARNES (95 I) 826-8357 roJ~© ~\Y! I \ IMARGARET. BARNES@BBKLAW.COM tuI J L .../lffi DEC 1 3 2011 December 13, 2011 RIVERSroEC TRANSPORTATION SION Jennifer Harmon VIA HAND DELIVERY Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 Re: RCTCII-215 Widening, Segment 2 (Central) Notices of Hearing to Property Owners of Resolution of Necessity Hearing Scheduled for January 11 , 2012 Dear Jennifer: Enclosed are the original Notices of Hearing to Property Owners, with proofs of mailing, of the hearing on the Resolution of Necessity scheduled for January 11, 2012. Copies of the Notices were timely mailed on December 9, 2011. It will be necessary for you to note the proof of mailing of the Notices at the hearing. Please do not hesitate to contact me should have any questions or concerns. Very truly yours, M~:-~ Senior Litigation Paralegal for BEST BEST & KRIEGER LLP Enclosures copy: Gina Gallagher, Senior Staff Analyst (w/copy of Enclosures) 17336.01901\7063515.1 AMENDED NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 11,2012 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of easement and temporary construction easement interests in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for freeway purposes, including the widening and maintenance of Interstate 215 (1-215) from Scott Road to Nuevo Road, in Riverside County, California. The description of the property to be acquired is attached as Exhibit" A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 11,2012 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: December 15, 2011. By: -r~------~=-----~----------- Attorneys for Riverside County Transportation Commission 5 10 15 20 25 30 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 PSOMAS PARCEL 22404-1 APN 311-190-002, APN 311-190-044 Those portions of Lots B, C, and D in Block 4 of Figadota Fanns No.2, in the City of Perris, COWlty of Riverside, State of California, as shown on the map filed in Book 16, Page 63 of Maps, in the Office of the COWlty Recorder of said COWlty, described as follows: Beginning at the intersection of the southerly line of Dale Street (formerly Evans Street), having a 30 foot southerly half width as shown on said map, with the northeasterly right of way line of State Route 215, 142 feet wide, as described in a deed to the State of California recorded March 26, 1952, in Book 1353, Page 543, of Official Records, in the office ofthe COWlty Recorder of said COWlty; thence along said southerly line South 89°37'19" East 11.29 feet to a line that is 7.00 feet northeasterly of and parallel with said northeasterly right of way line; thence along said parallel line South 51 ° 18'04" East 453.46 feet to the easterly line of said Lot D; thence along said easterly line South 0°32'19" West 8.90 feet to the northeasterly right of way line of State Route 215, 142 feet wide, as described in a deed to the State of California recorded February 7, 1952, in Book 1340, Page 41, of Official Records, in the office of the COWlty Recorder of said COWlty; thence along said northeasterly right of way lines North 51°18'04" West 467.82 feet to the Point of Beginning. Contains 3,224 square feet, more or less. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6,2007.00 epoch. GroWld distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99991367. EXHIBIT "A" LEGAL DESCRIPTION M;\lURS201003\SURVEY\LEGALS\PE\22404-I.DOC Page 1 of2 8/3li20 11 7:04 PM EXHIBIT A, PAGE 1 5 10 15 20 25 30 PSOMAS 1 2 3 4 6 7 8 9 11 12 l3 14 16 17 18 19 21 22 23 24 26 27 28 29 31 t:()~4­ David A. Moritz, PLS 7388 This legal description was prepared by me or under my direction. 08/31111 Date M:\2URS20 I 003\8U R VEY\LEGALS\PE\22404·1 .DOC Page 2 of2 8/31/2011 7:04 PM EXHIBIT A, PAGE 2 5 10 15 20 25 30 PSOMAS 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 EXHIBIT"A" LEGAL DESCRIPTION PARCEL 22404-2 APN 311-190-002, APN 311-190-035, APN 311-190-044 Those portions of Lots B, C, and D in Block 4, and Lot A in Block 13 of Figadota Fanns No.2, in the City of Perns, County of Riverside, State of California, as shown on the map filed in Book 16, Page 63 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the intersection of the southerly line of Dale Street (fonnerly Evans Street), having a 30 foot southerly half width as shown on said map, with the northeasterly right of way line of State Route 215, 142 feet wide as described in a deed to the State of California recorded March 26, 1952, in Book 1353, Page 543, of Official Records, in the office ofthe County Recorder of said County; thence along said southerly line South 89°37'19" East 11.29 feet to a line that is 7.00 feet northeasterly of and parallel with said northeasterly right ofway line and the True Point of Beginning; thence continuing along said southerly line South 89°37' 19" East 31.89 feet to the beginning of a non-tangent curve, concave northeasterly, having a radius of 48.00 feet, a radial line to said curve bears South 75°54'01"West, said curve being the southerly line of Dale Street (fonnerly Evans Street) as described in a deed to the City of Perris recorded July 11, 1988 as Instrument No. 190262, of Official Records, in the office of the County Recorder of said County; thence southerly, southeasterly and easterly along said curve and said southerly line through a central angle of 80°22'33" an arc distance of 67.34 feet to a line that is 30.00 feet northeasterly of and parallel with said northeasterly right of way line; thence along said parallel line South 51 °l8'04" East 426.02 feet to the southerly line of said Lot A; thence along said southerly line North 89°37'42" West 48.38 feet to the northeasterly right of way line of State Route 215, 142 feet wide as described in a deed to the State of California recorded February 7, 1952, in Book 1340, Page 41, of Official Records, in the office of the County Recorder of said County; thence along said northeasterly right of M:\2URS20 I003\SURVEY\LEGALS\TCE\22404-2.DOC Page lof2 8/31120 t I 7 :06 PM EXHIBIT A, PAGE 3 5 10 15 20 25 30 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 PSOMAS way line North 51°18'04" West 15.99 feet to the easterly line of said Lot D; thence along said easterly line North 0°32' 19" East 8.90 feet to a line that is 7.00 feet northeasterly of and parallel with said northeasterly right of way line; thence along said parallel line North 51 °18'04" West 453.46 feet to the True Point of Beginning. Contains 10,716 square feet, more or less. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99991367. This legal description was prepared by me or under my direction. 08/31/11 David A. Moritz, PLS 7388 Date M:\2URS20 I003\SURVEY\LEGALS\TCE\22404-1.DOC Page 2 of2 8i31120 11 7:06 PM EXHIBIT A, PAGE 4 := rtl ~-I" IP 4 / Wt..fm '.r ----. ---ltD ~ 'gJ;M I,. '\4 "r '-n.~ ~ ift':r /Pf ~ lH Jjl"dof " , A , LINe 0.' .. 149U CURv E o61.t. T·IL[ C ~ ~ ~,~.,:II;;''I,,:~;7i~i:J !ir~, . . " W<<f.I' '" "'" , ••O ~~~:, ',"','" .;, 10 ,., '" ~~ihim t;;,.. 07 7J'. IlU.OO· ()~~ ' FI D AD OT A FA R MS No_ 8 . . . ~V ~ ~G'''''\o/ ''', M.EL ' 6/8d -8 9 _, ~ ~.;../? ,\ -= ,,,,, '. ,,, U15 111<0 II ,.. \ ', :" ", Xl ",0 -0-" .;9 I I 1111I1 ~. '/~"/'\ 1>:~''\' ' 4 /' ' «I '\ vo-s.-}~ <'5("?-'vtl 9j, r::},0 ~.. « \ . \) '\<; -\ 't-\,.0 APN 3 1 1-, 80-02 1 12. . 71 'j ~I' ~ ij 'O. '" / to . l l" ( Z24 0!'ll) l.O T A PII RCCL 2 -"". ~\PN J, 1-180-01 4 .Y) '" ;;., J ll.il 7" - 184. F, "'- '\ oot . l OO/ ' l JS I5t 'v'*''{) \.J''b ~ ~:Cr... . o.,;:~ J'b ,,~.- '\ '0 'Va NO T TO SCALE Xl '{)'v+- , --':"-j~-' 'Jo:I~H~ ~/..:-r //"­ < \> / / / 0 ' ,,// 'v // STATE ROur l:.. 2 15 >;~''1 1 1!1·~-. ] // _ ~ 'U:i' ,'l;>/ j -,------­ " / ----W~l . l ··;:r" DET AI L RIGHT OF WAY APPRAISAL MAP MAP NO. RW000136-06 rcq P~[ "iOU S fl J" 1' I I#'OR~rIC N sa W.\~U II, :s,.!:Wol , 8 1 ~! 'u l Fn~-~~~==~--~' = = ~ = ~= c:I"I :-= ;I:l ~ = = = = ='" ='" ~ = :-='" · to-9£1000MlI to-9£J000Mli c>' ''<''0 ,,> , . ,~, ," ~ '\-, ~. \ ~ ,, ",,,,, \ l< RW000I36-04 R WOOO 136-04 PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on December 9,2011, I mailed a copy of the attached notice by first-class mail to the following owner(s) of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 311-190-002, 311-190­ 035 and 311-190-044 (Caltrans Project Parcel Nos. 22404-1 and 22404-2): Seal Beach Business Center, Inc. Record Owner 853 E. Valley Boulevard, Suite 200 San Gabriel, CA 91776 Gregson M. Perry, Esq. Law Offices of Gregson M. Perry Courtesy Copy 18345 Ventura Boulevard, Suite 507 Tarzana, CA 91356 ~Md:L~ DATED: December 15,2011. Margaret L. Barnes NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 11, 2012 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of fee, easement and temporary construction easement interests in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the widening and maintenance of Interstate 215 (1-215) from Scott Road to Nuevo Road, in Riverside County, California. The description of the property to be acquired is attached as Exhibit" A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 11, 2012 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 -1:) WI q DATED: ~ece"', 2011. A. Easter Attorneys for Riverside County Transportation Commission 5 10 15 20 25 30 PSOMAS 1 EXHIBIT"A" 2 LEGAL DESCRIPTION 3 4 PARCEL 22404-1 APN 311-190-002, APN 311-190-044 6 7 Those portions of Lots B, C, and D in Block 4 of Figadota Fanns No.2, in the City of 8 Perris, County of Riverside, State of California, as shown on the map filed in Book 16, 9 Page 63 of Maps, in the Office of the County Recorder of said County, described as follows: 11 12 II Beginning at the intersection of the southerly line of Dale Street (formerly Evans Street), 13 I'll having a 30 foot southerly half width as shown on said map, with the northeasterly right 14 II of way line of State Route 215, 142 feet wide, as described in a deed to the State of II California recorded March 26, 1952, in Book 1353, Page 543, of Official Records, in the 16 ii office ofthe County Recorder of said County; thence along said southerly line 17 Ii South 89°37' 19" East 11.29 feet to a line that is 7.00 feet northeasterly of and parallel 18 II with said northeasterly right of way line; thence along said parallel line 19 III South 51°18'04" East 453.46 feet to the easterly line of said Lot D; thence along said :~ easterly line South 0°32'19" West 8.90 feet to the northeasterly right of way line of State 21 Route 215, 142 feet wide, as described in a deed to the State of California recorded 22 February 7, 1952, in Book 1340, Page 41, of Official Records, in the office of the County 23 Recorder of said County; thence along said northeasterly right of way lines 24 North 51°18'04" West 467.82 feet to the Point of BeginniBg. 26 Contains 3,224 square feet, more or less. 27 28 The distances described herein are grid distances and are based on California Coordinate 29 System of 1983, Zone 6,2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean 31 combination factor for this conversion is 0.99991367. M:\lURS20 1003\SURVEy\LEGALS\PE\22404-1.DOC Page 1 of2 8i3112011 7:04 PM 5 10 15 20 25 30 PSOMAS I 2 This legal description was prepared by me or under my direction. 3 08/31111 4 David A. Moritz, PLS 7388 Date 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 M:\2URS201003\SURVEy\LEGALS\PE\22404-1.DOC Page 2 of2 8/3112011 7:04 PM 5 10 15 20 25 30 6 PSOMAS 1 EXHIBIT"A" 2 LEGAL DESCRIPTION 3 4 PARCEL 22404-2 APN 311-190-002, APN 311-190-035, APN 311-190-044 7 Ii Those portions of Lots B, C, and D in Block 4, and Lot A in Block 13 of Figadota Fanns 8 I: ,I No.2, in the City of Perris, County of Riverside, State of California, as shown on the 9 Ii i! map filed in Book 16, Page 63 of Maps, in the Office of the County Recorder of said il County, described as follows: 11 .. 12 il Beginning at the intersection of the southerly line of Dale Street (formerly Evans Street), Ii 13 :, having a 30 foot southerly half width as shown on said map, with the northeasterly right I, 14 i: of way line of State Route 215, 142 feet wide as described in a deed to the State of II California recorded March 26, 1952, in Book 1353, Page 543, of Official Records, in the 16 II office of the County Recorder of said County; thence along said southerly line South 17 II 89°3TI9" East 11.29 reet to a line that is 7.00 reet northeasterly or and parallel with said 18 'i northeasterly right of way line and the True Point of Beginning; thence continuing along 19 said southerly line South 89°37'19" East 31.89 feet to the beginning ofa non-tangent curve, concave northeasterly, having a radius of 48.00 feet, a radial line to said curve 21 .. bears South 75°54'01 "West, said curve being the southerly line of Dale Street (formerly 22 II Evans Street) as described in a deed to the City of Perris recorded July II, 1988 as 23 II InstrumentNo. 190262, of Official Records, in the office of the County Recorder of said I,·1 24 II County; thence southerly, southeasterly and easterly along said curve and said southerly II II Ii line through a central angle of80022'33" an arc distance of67.34 feet to a line that is 26 30.00 feet northeasterly of and parallel with said northeasterly right of way line; thence 27 along said parallel line South 51 °18'04" East 426.02 feet to the southerly line of said Lot 28 A; thence along said southerly line North 89°37'42" West 48.38 feet to the northeasterly 29 right of way line of State Route 215, 142 feet wide as described in a deed to the State of California recorded February 7, 1952, in Book 1340, Page 41, of Official Records, in the 3 1 office of the County Recorder of said County; thence along said northeasterly right of M:\2URS20 I003\SURVEYILEGALS\TCE\22404-2.00C Page I of2 8/31/2011 7:06 PM 5 10 15 20 25 30 PSOMAS 1 way line North 51 °18'04" West 15.99 feet to the easterly line of said Lot D; thence along 2 said easterly line North 0°32'19" East 8.90 feet to a line that is 7.00 feet northeasterly of 3 and parallel with said northeasterly right of way line; thence along said parallel line 4 . North 51°18'04" West 453.46 feet to the True Point of Beginning. 6 Contains 10,716 square feet, more or less. 7 8 The distances described herein are grid distances and are based on California Coordinate 9 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean 11 combination factor for this conversion is 0.99991367. 12 ;! 13 !I This legal description was prepared by me or under my direction. I' 14 !'II t)av-.J 4. )//'4n..;:f 08/31/11 :1 J 16 David A: Moritz, PLS 7388 Date 17 18 19 21 22 23 24 26 27 28 " 29 31 M:\2URS201003\SURVEy\LEGALS\TCE\22404-2.DOC Page 2 of2 8/31/2011 7:06 PM --- ~ I1I1n1rT~--------------~'~------------~~~~~~~--------------~~------~------~~~~~~::::~~;:~;:::~~::::~C;U';'~';";'~';'.;t ::====~------------------------------------------~~.;'~~ ~ \ y~<c,.. ~ao ';~~D"· 'i..~ .fl.:rJl~~;f~a= G (')..\. "Q .J ...,e jiI£,If~'r:M:;"fP:!.. 11<""3 ,4f ~ -Jc>''lo,, ~. r'P'r t2 !1('~ .( . 1< -(1. )~/ ~ I 'i'fi'1011.5 'b ~ t.; <:).) '1"":-?---:: .~;. CJ~ s ':J . " . 1!I • • 18' ~ /' 0 "i . ~\ '\" / (. / '?-'-. ' ,r), 0" / 'v .~ / r/ <;l /..> "0 / 0 'v ,.'_' / ~" / 0"" ,_,0, 0 / 0 \\" / <;l • 0'°' 1?", / 0" ,,~ ~ './ \.-"':;.... ' / ', ,q'i< ~I G AO OTX FARMS No. ,<?-M-;8. I b/88 -89 , r/ /--­ '" ~ => => Q l ::::~~~L:~r~ Ittr-Mss....c f ~~ I.&'W.-r :::.:::;:..o-:,.:..~I'" .;;-;.;;;.----­ ~ ~r:~Al1:iaPf~iiE ::'=~':t..-' ~=~~:~':" c::, -~~l;tot ";':~ 1l1li... ~=~~..= 21 ~~b __ u. . n:--' ... _ .--.--.. , ... = A.d:::1V', ~ ~ ./~ / / / " " " " 70 'OIi NQ I'A tLfl'_ RIGHT OF WAY APPRAISAL MAP M AP N O, RW000136-05 rOR PR'VlOv~ R/If 1"';-0,1..11101 nON SEC IIq(~J !If!>:::J''. tl!l::lO; 10 C(SICM: (Als); or16l r ....: OISTRICT CQIJ!OITY M'::~( :~~~T'":; SItH : p;o TOTAL '"=> '<l ... = ~ ,SH':.ETS at cr:: PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on December 9,2011, I mailed a copy of the attached notice by first-class mail to the following owner(s) of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 311-120-022 (Caltrans Project Parcel Nos. 22406-1,22406-2, 22406-3, 22406-4, 22406-5 and 22406-6): Laurel Palms Apts., Inc. Record Owner 2016 Riverside Drive Los Angeles, CA 90039 Kevin B. Jones, Esq. J.K. Residential Services, Inc. Courtesy Copy 2016 Riverside Drive Los Angles, CA 90039 AMENDED NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 11,2012 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of fee, easement and temporary construction easement interests in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for freeway purposes, including the widening and maintenance of Interstate 215 (1-215) from Scott Road to Nuevo Road, in Riverside County, California. The description of the property to be acquired is attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: L Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 11, 2012 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: December 15, 2011. By: ~__~~__~_____________________ Attorneys for Riverside County Transportation Commission 5 10 15 20 25 30 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 PSOMAS PARCEL 22406~1 APN 311-120·022 That portion of Lot A in Block 10 of Figadota Farms No.8, in the City of Perris, County of Riverside, State of Cali fomi a, as shown on the map filed in Book 16, Pages 88 and 89 of Maps, in the Office of the County Recorder of said County, together with that portion of Lot C in Block 4 of Figadota Farms No.8-A, as shown on the map filed in Book 17, Page 1 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the intersection of the westerly line of Perris Boulevard, having a 50 foot westerly half width as shown on said maps, with the southwesterly right of way line of State Route 215, 142 feet wide as described in a deed to the State of Cali fomi a recorded September 5, 1952, in Book 1397, Page 566, of Official Records, in the office ofthe County Recorder of said County; thence along said southwesterly right of way line North 51°18104" West 828.54 feet to the beginning of a non-tangent curve, concave westerly, having a radius of 731.50 feet, a radial line to said curve bears South 85°23'53" East, said curve also being the True Point of Beginning; thence southerly along said curve through a central angle of 06°57'26" an arc distance of 88.83 feet; thence South 11°33 133" West 178.37 feet to the easterly right of way line of State Route 215 as described in a Director's Deed to Bertha E. Colahan recorded March 10, 1952, in Book 1348, Page 402, of Official Records, in the office of the County Recorder of said County; thence along said easterly right of way line North 03°29154" West 27.10 feet to the northeasterly right of way line of State Route 215 as described in a Director's Deed to Edwin and Rose Guy recorded December 11, 1973 as Instrument No. 159620, of Official Records, in the office of the County Recorder of said County; thence along said northeasterly right of way line North 06°58120" East 252.83 feet to the southwesterly right of way line of State Route 215, 142 feet wide as M:\2URS20 I 003\SUR VEY\LEGALS\FEE\22406-1.00C Page 10f2 8/3 !/2011 7:01 PM EXHIBIT A, PAGE 1 EXHIBIT "A" LEGAL DESCRIPTION 5 10 15 20 25 30 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 PSOMAS described in said Director's Deed; thence along last said southwesterly right of way line South 51°18'04" East 24.58 feet to the True Point of Beginning. Contains 4,072 square feet, more or less. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99991367. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. This legal description was prepared by me or under my direction. 08/31/11 David A. Moritz, PLS 7388 Date M:\2U RS20 I 003\SURVEY\LEGALS\FEE\22406-1 .DOC Page 2 of2 813I12011 7:01 PM EXHIBIT A, PAGE 2 5 10 15 20 25 30 1 2 3 4 6 7 PSOMAS EXHIBIT"A" LEGAL DESCRIPTION PARCEL 22406-2 APN 311-120-022 That portion of the northeast quarter of the southeast quarter of Section 30, 8 Township 4 South, Range 3 West, San Bernardino Base and Meridian, in the City of 9 Perris, County of Riverside, State of California, according to the official plat thereof, together with those portions of Lots A and B in Block 11, and Lot A in Block 10 of 11 . Figadota Farms No.8, as shown on the map filed in Book 16, Pages 88 and 89 of Maps, 12 in the Office of the County Recorder of said County, together with that portion of Lot C 13 in Block 4 of Figadota Farms No.8-A, as shown on the map filed in Book 17, Page 1 of 14 Maps, in the Office of the County Recorder of said County, described as follows: 16 Beginning at the intersection of the westerly line of Perris Boulevard, having a 50 foot 17 westerly half width as shown on said maps, with the southwesterly right of way line of 18 State Route 215, 142 feet wide as described in a deed to the State of California recorded 19 September 5, 1952, in Book 1397, Page 566, of Official Records, in the office of the County Recorder of said County; thence along said southwesterly right of way line 21 North 51°18'04" West 94.51 feet to the southerly line of said Lot B and True Point of 22 Beginning; thence continuing along the southwesterly right of way line of State Route 23 215, 142 feet wide as described in a Director's Deed to Keith and Alene Krug recorded 24 December 3, 1973 as Instrument No. 155998, of Official Records, in the office of the County Recorder of said County, North 51 °18'04" West 734.03 feet to the beginning ofa 26 non-tangent curve, concave westerly, having a radius of 731.50 feet, a radial line to said 27 curve bears South 85°23'53" East; thence southerly along said curve through a central 28 angle of 00°56'26" an arc distance of 12.01 feet to a line that is ] 0.00 feet southwesterly 29 of and parallel with the southwesterly right of way line of State Route 215, 142 feet wide as described in a Director's Deed to Edwin and Rose Guy recorded December] 1, 1973 3] as Instrument No. 159620, of Official Records, in the office of the County Recorder of M:\2URS20 1 003\SUR VEY',LEGALS\PE\22406-2. DOC Page 1 of2 8i3 1/20 I I 7:04 PM EXHIBIT A, PAGE 3 5 10 15 20 25 30 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 PSOMAS said County; thence along said parallel line South 51 °18'04" East 714.63 feet to said southerly line; thence along said southerly line South 89°24'3411 East 16.20 feet to the True Point of Beginning. Contains 7,243 square feet, more or less. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99991367. This legal description was prepared by me or under my direction. David A. Moritz, PLS 7388 08/31111 Date M:\2URS20 l003\SURVEY\LEGALS\PE\22406-2.DOC Page 2 of2 8/31/2011 7:04 PM EXHIBIT A, PAGE 4 5 10 15 20 25 30 PSOMAS 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 EXHIBIT"A" LEGAL DESCRIPTION PARCEL 22406-3 APN 311-120-022 That portion of Lot A in Block 10 of Figadota Fanns No.8, in the City of Perris, County of Riverside, State ofCalifomia, as shown on the map filed in Book 16, Pages 88 and 89 of Maps, in the Office of the County Recorder of said County, and together with that portion of Lot C in Block 4 of Figadota Fanns No.8-A, in said City of said County, as shown on the map filed in Book 17, Page 1 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the intersection of the westerly line of Perris Boulevard, having a 50 foot westerly halfwidth as shown on said maps, with the southwesterly right of way line of State Route 215, 142 feet wide as described in a deed to the State ofCalifomia recorded September 5, 1952, in Book 1397, Page 566, of Official Records, in the office of the County Recorder of said County; thence along said southwesterly right of way line North 51 ° 18'04" West 828.54 feet to the beginning of a non-tangent curve, concave westerly, having a radius of731.50 feet, a radial line to said curve bears South 85°23'53" East; thence southerly along said curve through a central angle of 00°56'26" an arc distance of 12.01 feet to a line that is 10.00 feet southwesterly of and parallel with the southwesterly right of way line of State Route 215, 142 feet wide as described in a Director's Deed to Edwin and Rose Guy recorded December 11, 1973 as Instrument No. 159620, of Official Records, in the office of the County Recorder of said County, and the True Point of Beginning; thence continuing southerly along said curve through a central angle of 06°01 '00" an arc distance of 76.82 feet; thence South 11°33'33" West 178.37 feet to the easterly right of way line of State Route 215 as described in a Director's Deed to Bertha E. Colahan recorded March 10, 1952, in Book 1348, Page 402, of Official Records, in the office of the County Recorder of said County; thence along said easterly right of way line South 03°29'54" East 38.50 feet; thence North M :\2URS20 1 003\SUR VEY\LEGALS\PE\22406-3 .DOC Page 1 of2 8/3112011 7:04 PM EXHIBIT A, PAGE 5 5 10 15 20 25 30 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 PSOMAS 11°33'33" East 215.54 feet to the beginning of a curve, concave westerly, having a radius of 741.50 feet; thence northerly along said curve through a central angle of 05°30'48" an arc distance of71.35 feet to a line that is 10.00 feet southwesterly of and parallel with the southwesterly right of way line of said Director's Deed to Edwin and Rose Guy; thence along said parallel line North 51 °18'04" West 11.91 feet to the True Point of Beginning. Contains 2,710 square feet, more or less. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99991367. This legal description was prepared by me or under my direction. t)~4Y~--;¢ .-? 08/31/11 David A. Moritz, PLS 7388 Date M:\2URS20 I 003\SURVEY\LEGALS\PE\22406-3 .DOC Page 2 of2 8/3)/2011 7:04 PM EXHIBIT A, PAGE 6 5 10 15 20 25 30 PSOMAS 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 EXHIBIT"A" LEGAL DESCRIPTION PARCEL 22406-4 APN 311-120-022 That portion of the northeast quarter of the southeast quarter of Section 30, Township 4 South, Range 3 West, San Bernardino Base and Meridian, in the City of Perris, County of Riverside, State of California, according to the official plat thereof, together with those portions of Lots A and B in Block 11, and Lot A in Block 10 of Figadota Farms No.8, as shown on the map filed in Book 16, Pages 88 and 89 of Maps, in the Office of the County Recorder of said County, together with that portion of Lot C in Block 4 ofFigadota Farms No.8-A, as shown on the map filed in Book 17, Page 1 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the intersection of the westerly line of Perris Boulevard, having 50 foot westerly half width as shown on said maps, with the southwesterly right of way line of State Route 215, 142 feet wide as described in a deed to the State of California recorded September 5, 1952, in Book 1397, Page 566, of Official Records, in the office of the County Recorder of said County; thence along said southwesterly right of way line North 51 °18'04" West 94.51 feet to the southerly line of said Lot B; thence along said southerly line North 89°24'34" West 16.20 feet to a line that is 10.00 feet southwesterly of and parallel with the southwesterly right of way line of State Route 215, 142 feet wide as described in a Director's Deed to Keith and Alene Krug recorded December 3, 1973 as Instrument No. 155998, of Official Records, in the office of the County Recorder of said County; thence along said parallel line North 51 °18'04" West 191.75 feet to the True Point of Beginning; thence continuing along said parallel line North 51 °18'04" West 510.97 feet to the beginning of a non-tangent curve, concave westerly, having a radius of 741.50 feet, a radial line to said curve bears South 83°57'15" East; thence southerly along said curve through a central angle of 05°30'48" an arc distance of71.35 feet; thence South 1 )033'33" West 20.21 feet; thence North 38°41'56" East 54.82 feet to a line M:\2URS20 1 003\SUR V EY\LEGALS\ TCE\22406-4.DOC Page lof2 8/31120 II 7:06 PM EXHIBIT A, PAGE 7 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS that is 35.00 feet southwesterly of and parallel with the southwesterly right of way line of State Route 215, 142 feet wide as described in a Director's Deed to Edwin and Rose Guy recorded December 11, 1973 as Instrument No. 159620, of Official Records, in the office of the County Recorder of said County; thence along said parallel line South 51018'04" East 466.20 feet; thence North 38041'56" East 25.00 feet to the True Point of Beginning. Contains 13,367 square feet, more or less. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99991367. This legal description was prepared by me or under my direction. David A. Moritz, PLS 7388 08/31111 Date M:\2URS20 1 003\SUR VEY\LEGALS\TCE\22406-4. DOC Page 2 of2 8!31/2011 7:06 PM EXHIBIT A, PAGE 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT "A" LEGAL DESCRIPTION PARCEL 22406-5 APN 311-120-022 Those portions of Lots A and B in Block to of Figadota Fanns No.8, in the City of Perris, County of Riverside, State of California, as shown on the map filed in Book 16, Pages 88 and 89 of Maps, in the Office of the County Recorder of said County, together with that portion of Lot C in Block 4 of Figadota Fanns No.8-A, as shown on the map filed in Book 17, Page 1 of Maps, in the Office ofthe County Recorder of said County, described as follows: Beginning at the intersection of the westerly line of Perris Boulevard, having a 50 foot westerly halfwidth as shown on said maps, with the southwesterly right of way line of State Route 215, 142 feet wide as described in a deed to the State of California recorded September 5, 1952, in Book 1397, Page 566, of Official Records, in the office of the County Recorder of said County; thence along said southwesterly right of way line North 51 °18'04" West 94.51 feet to the southerly line of said Lot B; thence along said southerly line North 89°24'34" West 16.20 feet to a line that is to.OO feet southwesterly of and parallel with the southwesterly right of way line of State Route 215, 142 feet wide as described in a Director's Deed to Keith and Alene Krug recorded December 3, 1973 as Instrument No. 155998, of Official Records, in the office of the County Recorder of said County; thence along said parallel line North 51 ° 18'04" West 702.72 feet to the beginning of a non-tangent curve, concave westerly, having a radius of 741.50 feet, a radial line to said curve bears South 83°57' 15" East; thence southerly along said curve through a central angle of 05°30'48" an arc distance of71.35 feet; thence South 11°33'33" West 57.36 feet to the True Point of Beginning; thence continuing South 11 °33'33" West 158.18 feet to the easterly right of way line of State Route 215 as described in a Director's Deed to Bertha E. Colahan recorded March to, 1952, in Book 1348, Page 402, of Official Records, in the office of the County Recorder of said County; M:\2URS20 1 003\SUR VEY\LEGALS\TCE\22406-5.DOC Page I of2 8/3112011 7:06 PM EXHIBIT A, PAGE 9 5 10 15 20 25 30 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 PSOMAS thence along said easterly right of way line South 03°29 154" East 50.00 feet; thence North 07°57'33" East 206.88 feet to the True Point of Beginning. Contains 1,027 square feet, more or less. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99991367. This legal description was prepared by me or under my direction. 08/31/11 David A. Moritz, PLS 7388 Date M:\2URS20 I 003\SURVEY\LEGALS\ TCE\22406-5.DOC Page 2 of2 8/31/2011 7:06 PM EXHIBIT At PAGE 10 5 10 15 20 25 30 I 2 3 4 6 7 8 9 II 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 PSOMAS EXHIBIT"A" LEGAL DESCRIPTION PARCEL 22406-6 APN 311-120-022 That portion of Lot B in Block 10 of Figadota Farms No.8, in the City of Perris, County of Riverside, State ofCalifomia, as shown on the map filed in Book 16, Pages 88 and 89 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the intersection ofthe southerly line of said Lot B, with the easterly right of way line of State Route 215 as described in a Director's Deed to Bertha E. Colahan recorded March 10, 1952, in Book 1348, Page 402, of Official Records, in the office of the County Recorder of said County; thence along said easterly right of way line North 03°29'54" West 35.09 feet; thence South 89°24'34" East 50.13 feet; thence South 03°29'54" East 35.09 feet to said southerly line; thence along said southerly line North 89°24'34" West 50.13 feet to the Point of Beginning. Contains 1,754 square feet, more or less. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99991367. This legal description was prepared by me or under my direction. 08/31111 David A. Moritz, PLS 7388 Date M:\2URS20 I003\SURVEY\LEGALS\TCE\22406-6.DOC Page 1 of I 8/31/2011 7:06PM EXHIBIT A, PAGE 11 SO-9£IOOOMH R WOOD 136-05 II II SO-9£IOOOMH RW000I36-05 PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on December 9,2011, I mailed a copy of the attached notice by first-class mail to the following owner(s) of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 311-120-022 (Caltrans Project Parcel Nos. 22406-1, 22406-2, 22406-3, 22406-4, 22406-5 and 22406-6): Laurel Palms Apts., Inc. Record Owner 2016 Riverside Drive Los Angeles, CA 90039 Kevin B. Jones, Esq. J.K. Residential Services, Inc. Courtesy Copy 2016 Riverside Drive Los Angles, CA 90039 DATED: December 15,2011. Margaret L. Barnes NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 11,2012 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of easement and temporary construction easement interests in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the widening and maintenance of Interstate 215 (1-215) from Scott Road to Nuevo Road, in Riverside County, California. The description of the property to be acquired is attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 11, 2012 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: ~,2011. By: -r~~--~~------~------------ ar . Easter Attorneys for Riverside County Transportation Commission 5 10 15 20 25 30 PSOMAS 1 EXHIBIT "A" 2 LEGAL DESCRIPTION 3 4 PARCEL 22406-1 APN 311·120-022 FEE 6 7 That portion of Lot A in Block 10 of Figadota Farms No.8, in the City of Perris, County 8 of Riverside, State of California, as shown on the map filed in Book 16, Pages 88 and 89 9 I! of Maps, in the Office of the County Recorder of said County, together with that portion I! il of Lot C in Block 4 of Figadota Farms No.8-A, as shown on the map filed in Book 17, 11 [I Page 1 of Maps, in the Office of the County Recorder of said County, described as 12 Ii follows: 13 14 Beginning at the intersection of the westerly line of Perris Boulevard, having a 50 foot iI il westerly halfwidth as shown on said maps, with the southwesterly right of way line of 16 !, State Route 215, 142 feet wide as described in a deed to the State of California recorded 17 September 5,1952, in Book 1397, Page 566, of Official Records, in the office of the 18 II County Recorder of said County; thence along said southwesterly right of way line 19 : North 51 °18'04" West 828.54 feet to the beginning of a non-tangent curve, concave II westerly, having a radius of731.50 feet, a radial line to said curve bears 21 II South 85°23'53" East, said curve also being the True Point of Beginning; thence 22 ii so~therly along said curve through a central angle of 06°57'26" an arc distance of 23! 88.83 feet; thence South 11 °33'33" West 178.37 feet to the easterly right of way line of I' 24 :1 State Route 215 as described in a Director's Deed to Bertha E. Colahan recorded ii Ii March 10, 1952, in Book 1348, Page 402, of Official Records, in the office of the County "! 26 ': Recorder of said County; thence along said easterly right of way line 27 North 03°29'54" West 27.10 feet to the northeasterly right of way line of State Route 215 28 as described in a Director's Deed to Edwin and Rose Guy recorded December 11, 1973 29 as Instrument No. 159620, of Official Records, in the office of the County Recorder of said County; thence along said northeasterly right of way line North 06°58'20" East 31 ,: 252.83 feet to the southwesterly right ofway line of State Route 215, 142 feet wide as M:\2U RS20 1 003\SUR VEY\LEGALS\FEE\22406-l.DOC Page lof2 8/31/2011 7:01 PM 5 10 15 20 25 30 PSOMAS 1 described in said Director's Deed; thence along last said southwesterly right of way line 2 South 51 °18'04" East 24.58 feet to the True Point of Beginning. 3 4 Contains 4,072 square feet, more or less. 6 The distances described herein are grid distances and are based on California Coordinate 7 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 8 grid distances by the mean combination factor of the courses being described. The mean 9 combination factor for this conversion is 0.99991367. 11 This conveyance is made for the purpose ofa freeway and the Grantor hereby releases 12 and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to 13 Grantor's remaining property, in and to said freeway. 14 This legal description was prepared by me or under my direction. 16 ~./)~.~. r/¥' "':l! 08/31/1117 Ii ,~." ~, .. ~,,' 18 il David A. Moritz, PLS 7388 Date 19 I 21 22 23 24 26 27 28 29 31 M:\2URS20 I 003\SUR VEY\LEGALS\FEE\22406-1.DOC Page 2 of2 8/31/20117:01 PM 5 10 15 20 25 30 1 2 3 4 6 7 8 9 PSOMAS EXHIBIT"A" LEGAL DESCRIPTION PARCEL 22406-2 E=ASEM,:::-<.!'. ~ >...-.APN 311-120-022 That portion of the northeast quarter of the southeast quarter of Section 30, Township 4 South, Range 3 West, San Bernardino Base and Meridian, in the City of Perris, County of Riverside, State of California, according to the official plat thereof, together with those portions of Lots A and B in Block 11, and Lot A in Block 10 of II 11 ii I' Figadota Farms No.8, as shown on the map filed in Book 16, Pages 88 and 89 of Maps, 12 Ii in the Office of the County Recorder of said County, together with that portion of Lot C 13 It in Block 4 of Figadota Fanns No.8-A, as shown on the map filed in Book 17, Page 1 of 14 Maps, in the Office of the County Recorder of said County, described as follows: 16 Beginning at the intersection of the westerly line of Perris Boulevard, having a 50 foot 17 westerly half width as shown on said maps, with the southwesterly right of way line of 18 State Route 215, 142 feet wide as described in a deed to the State of California recorded 19 il September 5, 1952, in Book 1397, Page 566, of Official Records. in the office of the .1 11 County Recorder of said County; thence along said southwesterly right of way line .1 21 North 51°18'04" West 94.51 feet to the southerly line of said Lot B and True Point of 22 Beginning; thence continuing along the southwesterly right of way line of State Route 23 215, 142 feet wide as described in a Director's Deed to Keith and Alene Krug recorded 24 December 3, 1973 as Instrument No. 155998, of Official Records, in the office of the County Recorder of said County, North 51°18'04" West 734.03 feet to the beginning ofa 26 non-tangent curve, concave westerly, having a radius of731.50 feet, a radial line to said 27 curve bears South 85°23'53" East; thence southerly along said curve through a central 28 angle"ofOOo56'26" an arc distance of 12.01 feet to a line that is 10.00 feet southwesterly 29 of and parallel with the southwesterly right of way line of State Route 215, 142 feet wide . as described in a Director's Deed to Edwin and Rose Guy recorded December 11, 1973 31 as Instrument No. 159620, of Official Records, in the office of the County Recorder of M:\lURS20 1 003\SUR VEy\LEGALS\PE\22406-2.DOC Page 1 of2 8/3112011 7:04 PM 5 10 15 20 25 30 PSOMAS 1 said County; thence along said parallel line South 51 ° 18'04" East 114.63 feet to said 2 southerly line; thence along said southerly line South 89°24'34" East 16.20 feet to the 3 True Point of Beginning. 4 II Contains 1,243 square feet, more or less. Ii . 6 Ii If 1 II The distances described herein are grid distances and are based on California Coordinate 8 System of 1983, Zone 6, 2001.00 epoch. Ground distances may be obtained by dividing 9 grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99991361. 11 12 II This legal description was prepared by me or under my direction. :1 13 :1 ()~4 y~-:{- 08/31/11 14 I: _/ II David A. Moritz, PLS 1388 Date Ii16 11 18 19 21 22 23 24 26 27 28 29 31 M;I2URS20 1 003\SUR VEY\LEGALS\PE\22406-2. DOC Page 2 of2 8/31120 II 7:04 PM 5 10 15 20 25 30 PSOMAS 1 EXHIBIT"A" 2 LEGAL DESCRIPTION 3 Ii ,[" 4 ii PARCEL 22406-3 II APN 311-120-022 6 !, 7 That portion of Lot A in Block 10 ofFigadota Farms No.8, in the City of Perris, County 8 of Riverside, State of California, as shown on the map filed in Book 16, Pages 88 and 89 9 of Maps, in the Office of the County Recorder of said County, and together with that portion of Lot C in Block 4 of Figadota Farms No.8-A, in said City of said County, as 11 i! shown on the map filed in Book 17, Page 1 of Maps, in the Office of the County :: il Recorder of said Comly, described as follows: 14 II Beginning at the intersection of the westerly line of Perris Boulevard, having a 50 foot II westerly halfwidth as shown on said maps, with the southwesterly right of way line of I 16 II State Route 215, 142 feet wide as described in a deed to the State of California recorded 17 September 5, 1952, in Book 1397, Page 566, of Official Records, in the office of the 18 :i County Recorder of said County; thence along said southwesterly right of way line 19 1\ North 51°18'04" West 828.54 feet to the beginning ofa non-tangent curve, concave westerly, having a radius of73 1.50 feet, a radial line to said curve bears 21 South 85°23'53" East; thence southerly along said curve through a central angle of 22 00°56'26" an arc distance of 12.01 feet to a line that is 10.00 feet southwesterly of and 23 parallel with the southwesterly right of way line of State Route 215, 142 feet wide as 24 described in a Director's Deed to Edwin and Rose Guy recorded December 11, 1973 as Instrument No. 159620, of Official Records, in the office of the County Recorder of said 26 County, and the True Point of Beginning; thence continuing southerly along said curve 27 through a central angle of 06°01 '00" an arc distance of76.82 feet; thence 28 South 11°33'33" West 178.37 feet to the easterly right of way line of State Route 215 as 29 .• described in a Director's Deed to Bertha E. Colahan recorded March 10, 1952, in Book 1348, Page 402, of Official Records, in the office of the County Recorder of said County; 31 thence along said easterly right of way line South 03 °29'54" East 38.50 feet; thence North rv1:l2URS20 1 003\SURVEy\LEGALS \PE\22406·3 .DOC Page I of2 8/31/2011 7:04 PM 5 10 15 20 25 30 PSOMAS 1 11 °33'33" East 215.54 feet to the beginning of a curve, concave westerly, having a radius 2 of741.50 feet; thence northerly along said curve through a central angle of 05°30'48" an 3 arc distance of71.35 feet to a line that is 10.00 feet southwesterly of and parallel with the 4 southwesterly right of way line of said Director's Deed to Edwin and Rose Guy; thence along said parallel line North 51°18'04" West 11.91 feet to the True Point of Beginning. 6 7 Contains 2,710 square feet, more or less. 8 9 The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 11 II grid distances by the mean combination factor of the courses being described. The mean 12 Ii combination factor for this conversion is 0.99991367. 13 II 1411 This legal description was prepared by me or under my direction. I! iJavJ4. ~ 08/31111 16 II ...-"11----------­il17 :1 David A. Moritz, PLS 7388 Date 18 19 21 22 23 24 26 27 28 29 31 M:\2URS20 1 003\SUR VEy\LEGALS\PE\22406-3 .DOC Page 2 of2 8/31/2011 7:04 PM 5 10 15 20 25 30 PSOMAS I EXHIBIT "A" 2 LEGAL DESCRIPTION 3 TEMPORARy 4 PARCEL 22406-4 CONSTRUCTION APN 311-120-022 EASEMEi\fr 6 7 That portion of the northeast quarter of the southeast quarter of Section 30, 8 Township 4 South, Range 3 West, San Bernardino Base and Meridian, in the City of 9 Perris, County of Riverside, State of California, according to the official plat thereof, together with those portions of Lots A and B in Block 11, and Lot A in Block 10 of 11 Figadota Farms No.8, as shown on the map filed in Book 16, Pages 88 and 89 of Maps, 12 in the Office of the County Recorder of said County, together with that portion of Lot C II 13 :i in Block 4 of Figadota Farms No.8-A, as shown on the map filed in Book 17, Page 1 of 14 II' Maps, in the Office of the County Recorder of said County, described as follows: I . 16 II Beginning at the intersection of the westerly line of Perris Boulevard, having 50 foot 17 II westerly half width as shown on said maps, with the southwesterly right of way line of 18 II State Route 215, 142 feet wide as described in a deed to the State of California recorded 19 I! September 5, 1952, in Book 1397, Page 566, of Official Records, in the office of the ~i County Recorder of said County; thence along said southwesterly right of way line I 21 !i North 51 °18'04" West 94.51 feet to the southerly line of said Lot B; thence along said II 22 it southerly line North 89°24'34" West 16.20 feet to a line that is 10.00 feet southwesterly 23 :i of and parallel with the southwesterly right of way line of State Route 215, 142 feet wide 24 Ii as described in a Director's Deed to Keith and Alene Krug recorded December 3, 1973 as 'i Instrument No. 155998, of Official Records, in the office of the County Recorder of said 26 Ii County; thence along said parallel line North 51 °18'04" West 191.75 feet to the True 27 Point of Beginning; thence continuing along said parallel line North 51 °18'04" West 28 510.97 feet to the beginning of a non-tangent curve, concaye westerly, having a radius of 29 741.50 feet, a radial line to said curve bears South 83°57' 15" East; thence southerly along said curve through a central angle of 05°30'48" an arc distance of71.35 feet; 31 thence South 11 °33'33" West 20.21 feet; thence North 38°41'56" East 54.82 feet to a line M:\2URS201003\SURVEY\LEGALS\TCE\22406-4.DOC Page I of2 8/31/2011 7:06 PM 5 10 15 20 25 30 PSOMAS 1 that is 35.00 feet southwesterly of and parallel with the southwesterly right of way line of 2 State Route 215, 142 feet wide as described in a Director's Deed to Edwin and Rose Guy 3 recorded December 11, 1973 as Instrument No. 159620, of Official Records, in the office 4 of the County Recorder of said County; thence along said parallel line South 51°18'04" East 466.20 feet; thence North 38°41'56" East 25.00 feet to the True 6 Point of Beginning. 7 8 Contains 13,367 square feet, more or less. 9 The distances described herein are grid distances and are based on California Coordinate 11 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 12 grid distances by the mean combination factor of the courses being described. The mean 13 combination factor for this conversion is 0.99991367. 14 16 II This legal description was prepared by me or under my direction. 17 Ii /). _ . IS II t;)av-.J'4 ~ _0_8/_31_11_1 ____ 19 II David A. Moritz, PLS 7388 Date 1 21 22 23 24 26 27 28 29 31 M:\2URS201003\SURVEY\LEGALS\TCE\22406-4.DOC Page 2 of2 8/3112011 7:06PM 5 10 15 20 25 30 PSOMAS 1 EXHIBIT "A" 2 LEGAL DESCRIPTION 3 4 :i PARCEL 22406-5 TEflnPORARY :' CONSTRUCTION il APN 311-120-022 EASEMENT 'I6 II I' 7 Ii Those portions of Lots A and B in Block 10 of Figadota Fanns No.8, in the City of jl 8 Ii Perris, County of Riverside, State of California, as shown on the map filed in Book 16, ii 9 II Pages 88 and 89 of Maps, in the Office of the County Recorder of said County, together il with that portion of Lot C in Block 4 of Figadota Fanus No.8-A, as shown on the map I 11 II filed in Book 17, Page 1 of Maps, in the Office of the County Recorder of said County, 12 I'I described as follows: 13 I' 14 II Beginning at the intersection ofthe westerly line of Perris Boulevard, having a 50 foot II westerly half width as shown on said maps, with the southwesterly right of way line of 16 I! State Route 215, 142 feet wide as described in a deed to the State of California recorded 17 September 5, 1952, in Book 1397, Page 566, of Official Records, in the office of the 18 County Recorder of said County; thence along said southwesterly right of way line 19 North 51°18'04" West 94.51 feet to the southerly line of said Lot B; thence along said southerly line North 89°24'34" West 16.20 feet to a line that is 10.00 feet southwesterly 21 of and parallel with the southwesterly right of way line of State Route 215, 142 feet wide 22 as described in a Director's Deed to Keith and Alene Krug recorded December 3, 1973 as 23 Instrument No. 155998, of Official Records, in the office of the County Recorder of said 24 County; thence along said parallel line North 51°18'04" West 702.72 feet to the beginning of a non-tangent curve, concave westerly, having a radius of 741.50 feet, a 26 radial line to said curve bears South 83°57' 15" East; thence southerly along said curve 27 through a central angle of 05°30'48" an arc distance of71.35 feet; thence 28 South 11°33'33" West 57.36 feet to the True Point of Beginning; thence continuing 29 South 11°33'33" West 158.18 feet to the easterly right of way line of State Route 215 as described in a Director's Deed to Bertha E. Colahan recorded March 10, 1952, in Book 31 1348, Page 402, of Official Records, in the office of the County Recorder of said County; M:I2URS20I 003\SURVEY\LEGALS\TCE\22406-5.DOC Page 1 of2 8/3112011 7:06 PM PSOMAS 1 '! thence along said easterly right of way line South 03°29'54" East 50.00 feet; thence if 2 II North 07°57'33" East 206.88 feet to the True Point of Beginning. 3 4 Contains 1,027 square feet, more or less. 5 6 The distances described herein are grid distances and are based on California Coordinate 7 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 8 :! grid distances by the mean combination factor of the courses being described. The mean " 9 :: combination factor for this conversion is 0.99991367. 10 II . :1 12 Ii This legal description was prepared by me or under my direction. II 13 :: Vav-.J 4 ~ 08/31/11 :: II David A. Moritz, PL;;388 Date :~ I! II 18 II 19 'I1\ 20 II 21 !I 22 23 24 25 26 27 28 29 30 31 M:\lURS20 I 003\SUR VEY\LEGAL S\TCE\22406-5. DOC Page 2 of2 8/31/2011 1:06 PM 5 10 15 20 25 30 4 PSOMAS 1 EXHIBIT"A" 2 LEGAL DESCRIPTION 3 PARCEL 22406-6 APN 311-120-022 6 7; That portion of Lot B in Block 10 of Figadota Fanns No.8, in the City of Perris, County 8 II of Riverside, State of California, as shown on the map filed in Book 16, Pages 88 and 89 9 il of Maps, in the Office of the County Recorder of said County, described as follows: II II 11 II Beginning at the intersection of the southerly line of said Lot B, with the easterly right of 12 II way line of State Route 215 as described in a Director's Deed to Bertha E. Colahan 13 II recorded March 10, 1952, in Book 1348, Page 402, of Official Records, in the office of 14 Ii the County Recorder of said County; thence along said easterly right of way line ,I II North 03°29'54" West 35.09 feet; thence South 89°24'34" East 50.13 feet; thence " 16 i! South 03°29'54" East 35.09 feet to said southerly line; thence along said southerly line " :: 11 North 89"24'34" West 50. \3 feet to the Point of Beginning. I: 19 ii Contains 1,754 square feet, more or less. 'IIi 21 ii The distances described herein are grid distances and are based on California Coordinate II22 ,I System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing il23 ;1 grid distances by the mean combination factor of the courses being described. The mean Ii24 combination factor for this conversion is 0.99991367. 26 This legal description was prepared by me or under my direction. 27 /)~£7 f/i-"...... --:-/ c/ ,/' u ""'1--:? / 08/31111 28 29 David A. Moritz, PLS 7388 Date 31 M:\2URS20 1003\SURVEY\LEGALS\TCE\22406-6.DOC Page 1 of I 8/3112011 1:06 PM ~0-9£\000Mli ,, \ , \ \ \ RWOOOIJ6-04 \ \ , \ , \ \ ll.. , \ \ \ ,, \ , \ \ \ , \ , . , R WOOO 136-04 ~ '~r-JR4"~S "J~r"I~"""" ~/ /;f"~itjJ/fJ":;~ , CUR'o'£ 0" -['" TAI:I LL ~ _ , c.~rfCJ JI ,i; Cl /."" 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STAn OJ CA.LU"OR.~lA 8lisrNLliS, lllA."'iSPOlln.no~A!'I'-D HOUSING AGt:1'CY DUAltTM};!\j" 0, TIlA.'~POKTAT10S l22.! ~flU. ,jI E~) -'0 ' ;SW ,§!f l - PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on December 9, 2011, I mailed a copy of the attached notice by first-class mail to the following owner(s) of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 311-190-002,311-190­ 035 and 311-190-044 (Caltrans Project Parcel Nos. 22404-1 and 22404-2): Seal Beach Business Center, Inc. Record Owner 853 E. Valley Boulevard, Suite 200 San Gabriel, CA 91776 Gregson M. Perry, Esq. Law Offices of Gregson M. Perry Courtesy Copy 18345 Ventura Boulevard, Suite 507 Tarzana, CA 91356 DATE~'f ,2011. 1/10/2012 THE COMMISSION IS REQUESTED TO MAKE THE FOLLOWING FINDINGS: 1. The public interest and necessity require the proposed project; 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; 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 '. ,~'""':;:'.:'"" I owner. Map of 1-215 Central Widening Project Location of Subject Properties 1 1/10/2012 STAFF RECOMMENDS THE COMMiSSiON ADOPT A RESOLUnON OF NECESSITY 8ASEDON THE FOLlOWING FINDINGS: 1. The public interest and necessity require the proposed project; 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; 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. 2 AGENDA ITEM 8A RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 11, 2012 TO: Riverside County Transportation Commission FROM: David Thomas, Toll Project Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Amendments to On-Call Strategic Partnership Advisor Services and Traffic and Revenue Study Services STAFF RECOMMENDA TlON: This item is for the Commission to: 1) Approve Agreement No. 06-66-026-09, Amendment No. 8 to Agreement No. 06-66-026-00, with KPMG Corporate Finance, LLC (KPMG) for on-call strategic partnership advisor services for the proposed State Route 91 and Interstate 15 corridor improvement projects (CIPs) to extend the contract term to February 9, 2014, and to increase the contract by $280,018, plus a contingency amount of $60,000, for a total amount not to exceed $340,018; 2) Approve Agreement No. 06-66-027-21, Amendment No. 10 to Agreement No. 06-66-027-00, with PB Americas, Inc. (PB) for on-call strategic partnership advisor services for the proposed SR-91 and 1-15 CIPs to extend the contract term to February 9, 2014; 3) Approve Agreement No. 06-66-028-11, Amendment No. 8 to Agreement No. 06-66-028-00 with Nossaman, Guthner, Knox & Elliott, LLP (Nossaman) for on-call strategic partnership advisor services to extend the contract term to February 9, 2014, and increase the contract by $1,878,900, plus a contingency amount of $376,000, for a total amount not to exceed $2,254,900; 4) Approve Agreement No. 10-31-099-01, Amendment No.1, to Agreement No. 10-31-099-00, with Stantec Consulting Services, Inc. (Stantec) for investment-grade traffic and revenue study services for the SR-91 CIP to extend the contract term to February 9, 2014; 5) Authorize the Chair, pursuant to legal counsel review, to execute these agreements on behalf of the Commission; and 6) Authorize the Executive Director to approve contingency work up to the total not to exceed amount as required for these agreements. Agenda Item 8A 30 BACKGROUND INFORMA TION: Strategic Partnership Advisor Services -KPMG In February 2006, following a procurement process, the Commission entered into an agreement with KPMG for the purpose of providing strategic partnership advisor services for project financing alternatives and evaluation of potential toll road corridors in Riverside County. The total current contract value is $1,474,736. The project approval and environmental document (PA/ED) work phase completion for the SR-91 and 1-15 CIPs is scheduled for 2012 and 2014, respectively, under separate agreements with engineering firms. The continued services of KPMG is desirable for support of the 1-15 CIP PA/ED work and to assist the Commission in successfully moving this project forward into the design, construction, and operation phases. A detailed cost estimate for this effort is included in Attachment 1, Exhibit A. The major tasks that KMPG will provide are as follows: • Provide financial analysis as it relates to assessing project feasibility and subsequent transaction structuring; • Periodic update of financial analyses to confirm viability of the 1-15 CIP as cost and project scope are further developed. This analysis may include review of revenue, cost, and schedule inputs from the technical team, modifications to the financing strategy, changes to the project phasing or scope, and sensitivity runs to determine the impact of variances in demand, construction costs, and general inflation; • Provide input to the milestone schedules, detailed timelines, and work plans for the 1-15 CIP, taking into account project status (environmental, design, etc.), funding priorities and constraints, project feasibility, internal and external resources, and market resources; • Provide research and analysis relating to policy development, procurement process design, proposal evaluation, and tolling framework; • Review and provide input to project documents, including for example, applications for environmental approval, funding programs, and project description; • Review and provide input to resolution of key programmatic and project-specific issues and decisions; and • During this pre-launch phase, develop and structure a procurement and contract strategy suited to the specific project, including the procurement process, evaluation criteria, risk allocation, contract terms, public-private partnership suitable technical provisions, and a long-term contract/project administrative approach. Agenda Item 8A 31 Summ of KPMG Original Authorization Am nt No. 06-66-026-00 Commission Commission Authorized Authorized Amount Conti $200,000 $0 * Includes time extension to January 31, 2008 * *Time extension to February 9, 2012 Commission Authorized Total $200,000 * * *Provides services to SANBAG at no cost to the Commission * * * * Includes time extension to Februa 9, 2014 KPMG Contract $200,000 Strategic Partnership Advisor Services -PB In March 2006, following a procurement process, the Commission entered into an agreement with PB Consult Inc. (now PB Americas, Inc.) for the purpose of providing strategic partnership advisor services for innovative project financing and evaluation of potential toll road corridors in Riverside County. The total current contract value is $3,405,524. The PAlED work phase completion for the SR-91 and 1-15 CIPs is scheduled for 2012 and 2014, respectively, under separate agreements with engineering firms. The continued services of PB are desirable to assist the Commission in successfully moving these projects forward into the design, construction, and operations phases. Some near term tasks of PB' s scope of work include: • Perform Level 2 toll feasibility study for 1-1 5; • Assist in structuring of the 1-15 CIP, procurement, project delivery, and financial approach; • Assist with interaction with relevant state and federal agencies, including the California Transportation Commission, Caltrans, U.S. Department of Transportation, Federal Highway Administration (FHWA), and state and federal resource agencies; Agenda Item 8A 32 • Prepare and deliver workshops on tolling, public-private partnerships, project procurement approach and options, and risk issues and allocation to internal staff, the Commission, and other stakeholders; • Assist with project tolling and operations issues; • Assist in implementation planning for SR-91 and 1-15 CIPs; and • Other project related tasks directed by the Commission. Summ ement No. 06-66-027-00 Commission Original Authorization * Increased billing rates Authorized Amount $150,000 Commission Authorized Contin $0 **Includes time extension to February 9,2012 Commission Authorized Total $150,000 * * *Provides services to SANBAG at no cost to the Commission * * * *PB name change * * * * *Time extension to Feb 2014 PB Contract $150,000 $3,405,524 Strategic Partnership Advisor Services -Nossaman In February 2006, following a procurement process, the Commission entered into an agreement for the purpose of providing strategic partnership advisor services with Nossaman for innovative project financing and evaluation of potential toll road corridors in Riverside County. The total current contract value is $3,458,035. The PAlED work phase completion for the SR-91 CIP is scheduled for May 2012 under a separate contract with PB. The continued services of l\lossaman are desirable to ensure its continued guidance and support throughout the PAlED work phase. A detailed cost estimate for this effort is included in Attachment 3, Exhibit A. The scope of its services includes: Agenda Item SA 33 • Preparation of various agreements with Caltrans and Cofiroute, and interaction with Caltrans and FHWA with respect to these agreements; • Procurement work preparation of RFP for industry review, preparation of design build contract for industry review, review technical provisions prepared by project construction manager team, participate in industry review, RFP process {post-RFP issuanceL and RFP evaluation, award, and negotiations; • Transportation Infrastructure Finance and Innovation Act (TIFIA)/financial closing -preparation of TIFIA application, application/credit documentation negotiations and assistance with financial closing; and • 1-15 feasibility -continue toll feasibility work, miscellaneous calls, meetings, and research. Summa of Nossaman A reement No. 06-66-028-00 Commission Commission Commission NossamanAuthorized Authorized Authorized ContractAmount $150,000 $0 Total $150,000 $150,000 *Includes time extension to February 9, 2008 * *Reduced maximum compensation * **Includes time extension to February 9, 2012 * * * *Provides services to SANBAG at no cost to the Commission *****Includes time extension to Februa 9,2014 Traffic and Revenue Study Services -Stantec In September 2010, following a procurement process, the Commission entered into an agreement with Stantec for the preparation of an investment-grade traffic and revenue study to support the Commission obtaining investment-grade toll revenue bond ratings for the SR-91 CIP including the extension of the 91 Express Lanes into Riverside County. The total current contract value is $903,144. Agenda Item 8A 34 The successful sale of toll revenue bonds is dependent on many factors including the preparation of an investment-grade traffic and revenue study. This traffic and revenue study needs to support the Commission obtaining investment-grade toll revenue bond ratings from Moody's Investor Service, Fitch Ratings, and/or Standard & Poor's Rating Service. The scope of the services includes preparation of presentation materials and attendance at meetings for the three different toll revenue bond rating services previously identified. Summ of Stantec reement No. 10-31-099-00 Commission Authorized Amount Commission Authorized Conti Commission Authorized Total Stantec Contract Original Authorization $894,644 $91,233 $985,877 $894,644 * $82,733 $ *Released $8,500 in contingency, October 26, 2011 * * Includes time extension to Februa 2014 Financial Information In Fiscal Year Budget: 1 Yes No I I FY2011/12 IYear: FY 2012/13 + Amount: 1 $ 598,300 $1,996,618 NoSource of Funds: 12009 Measure A we Highway/Debt I Budget Adjustment: 1 N/A 003028 65XXX 00009 262 31 65XXX $504,900 FY 12 003027 65XXX 00000 262 31 65XXX $93,400 FY 12GLlProject Accounting No.: 003028 65XXX 0000926231 65XXX $1,695,900 FY 13 + 003027 65XXX 00000 262 31 65XXX $300,718 FY 13 + Fiscal Procedures Approved: I ~~ I Date: I 12/19/11 Attachments: 1) Agreement 1\10. 06-66-026-09 -Amendment No.8 with KPIVIG 2) Agreement No. 06-66-027-21 -Amendment No.1 0 with PB 3) Agreement No. 06-66-028-11 -Amendment No.8 with Nossaman 4) Agreement No.1 0-31-099-01 -Amendment No. 1 with Stantec Agenda Item SA 35 ATTACHMENT 1 Agreement No. 06-66-026-09 AMENDMENT NO.8 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH KPMG CORPORATE FINANCE llC 1. PARTIES AND DATE This Amendment No. 8 to the Agreement for Strategic Partnership Advisor Services is made and entered into this day of , 2012 by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and KPMG Corporate Finance llC ("Consultant"). 2. RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated February 8, 2006 for the purpose of providing Strategic Partnership Advisor Services (the "Master Agreement") for a total compensation of $200,000. 2.2 The Commission and the Consultant have entered into Amendment No.1 to the Master Agreement, dated November 14, 2006 for the purpose of providing additional compensation ($1 05,000) for the ongoing provision of Strategic Partnership Advisor Services and extending the term of the Master Agreement until January 31, 2008. 2.3 The Commission and the Consultant have entered into Amendment No.2 to the Master Agreement dated February 14, 2007 for the purpose of providing additional compensation ($340(000) for the ongoing provision of Strategic Partnership Advisor Services. 2.4 The Commission and the Consultant have entered into Amendment No.3 to the Master Agreement dated January 31, 2008 for the purpose of extending the term of the Master Agreement until February 9, 2012. 2.5 The Commission and the Consultant have entered into Amendment No.4 to the Master Agreement dated July 11, 2008 for the purpose of making 36 consulting services available to the San Bernardino Associated Governments through the Master Agreement. 2.6 The Commission and the Consultant have entered into Amendment No.5 to the Master Agreement dated November 12, 2008 for the purpose of providing additional compensation ($250,000) for the ongoing provision of Strategic Partnership Advisor Services. 2.7 The Commission and the Consultant have entered into Amendment No.6 to the Master Agreement dated October 28, 2009 for the purpose of providing additional compensation ($329,736) for the ongoing provision of Strategic Partnership Advisor Services. 2.8 The Commission and the Consultant have entered into Amendment No.7 to the Master Agreement dated August 3, 2010 for the purpose of providing additional compensation ($250,000) for the ongoing provision of Strategic Partnership Advisor Services. 2.9 The parties now desire to amend the Master Agreement for the purpose of extending the terms and to provide additional compensation for the continued provision of Strategic Partnership Advisor Services. 3. TERMS 3.1 The term of the Master Agreement shall be extended for an additional term of two (2) years (the "Second Extended Term") beginning February 9, 2012 and ending February 9, 2014, unless earlier terminated as provided in the Master Agreement. 3.2 The maximum compensation under the Master Agreement, is hereby increased by Two Hundred Eighty Thousand and Eighteen Dollars ($280,018), as shown in Exhibit A. 3.3 The total contract value for the Master Agreement, as heretofore amended, shall not exceed One Million, Seven Hundred Fifty-Four Thousand and Seven Hundred Fifty Four Dollars ($1,754,754). 3.4 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendments No.1 through No.7, including without limitation the indemnity and insurance provisions, shall remain in KPMG Amendment No.8 (RCTC Doc. No. 06-66-026-09) Page 2 37 full force and effect and shall govern the actions of the parties under this Amendment. IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written. RIVERSIDE COUNTY KPMG Corporate Finance TRANSPORTATION COMMISSION LLC By: John J. Benoit, Chair Signature ~....... ---------­ Name Title APPROVED AS TO FORM: By: Best, Best & Krieger LLP General Counsel KPMG Amendment No.8 (RCTC Doc. No. 06-66-026-09) Page 3 38 Exhibit A (Attached) Fee KPMG Amendment No.8 (RCTC Doc. No. 06-66-026-09) Page 4 39 Riverside County Transportation Commission KPMG 2012·2013 Budget 1-'5Projeet ' Est. Timing Cost Cumulative OPVOIlS aod f)H wOrkShops FIf ..,00-* ari;oly 5fS Pfel1lTMfl21V Value lew Money anatysls SI.Jpporllor Iflitiat procuremenl a<;lM\leS Ptojcd Man""'."',er.1 2012 2011 $50,Ot1O $200,000 2012 12.0 12.0 38.0 Opl1onS W~kshOp . on~g\e meetlng 2012 60 60 12.0 Ophons WQtkshop , follow-up 2012 5.0 50 35, 13.5 RISk W(){i(shop -Ofi--Slle meeting 2012 60 60 ll.O ISO Rls~. Workshop -loUow-up 2012 2012 5.0 8.5 5.0 8, 00. 10.0 59 22.9 Kick ott meellng, update I"lleetlngs. projecl fepolting 0&13 (Oneelion and rC\llew test. 3 scenattosl Assumptions coilectlC)f't and review finandal analysis [es.t 3 scenar~os) Quality corwoi review of finandal analysts Pfcpafe 'SI.Xnmary results ot analysis Draft p,esenlatron of results 5enio' rev\ew 01 draft pteseolalioo I update pH:'SI!ntahOfl Co feflecl comments Revievv draft resultS WIth Pfoje<;l adv,SOf leam; revise as neeQed Contefence calls I m~lIngs to <hscvss lesullS and Dbtam dieol Direction fOf oexr steps Other ferated achvllif!s (review I t:O(Omunicahoos. ;rol2 2012 2012 2012 2012 2012 2012 2012 2012 ;ro12 2012 20.0 30 30 9.0 3,0 3.0 3.0 30 30 60 12-0 20.0 6.0 6.0 12,0 60 9.0 90 3.0 3.0 6.0 65.0 18.0 18.0 51.0 15,0 2•.0 24.0 90 90 15.0 31;0 KlCk of! meeting:. update meehf'igs. ptQjecl cepolling Data coliecllQn <:too review test. 1 scenario) Assumptions co1ieCtiort and review hnaocial analySiS {6sL 1 SICe1)aUo} Quah'", control review of flflancial analysIs Preparfl summary resufts of anal\,sis Draft presentation 01 resuUs Se:ni()( review of ckah presenlatronJ upda1e presefltalton 10 refleCt comments Reyiew draft resulrs wilh prOjeC1 advisor learn; revise as needed Conference cails J meetings to discuss teSiftls and OOiatn dletlt d\recttQn lor flexl sleps OUler related activities (rev:evv J commuoicartOOsj 2012 2013 2012 20>3 2012 2013 2012·2013 2012·2013 2012-2013 2012· 2013 lOll 2013 2012· ;ro13 2012· ;ro13 2012·2013 40 10 1.0 10 1.0 1.0 1.0 10 1.0 1.0 30 .,0 10 2.0 8.0 2.0 20 2.0 2.0 1.0 10 30 4.0, 12.0 30 5.0 6,0 250 50 5.0 5.0 5.0 3.0 3,0 9.0 2012 ;ro13 2012·2013 1.0 A.J 40 12/08/11 - rT'~~;'. l.::,~----. ~ Project Management BudgetS and 'ht)lXptaos Oebvefabfe Pl£,-P3f3110ri i:Jnd productn:m Cllenf ~\.'rTespon(.iefl<..'e and PIO!e<;t status UJX.iates iS~pport fo~'initial proiect procurement Y..lCk Ol! mee-hog. vp<:lah? rnt>eIHlgs, piO;~' reportll1g A~S15l WIll" developmenl C'! PfQc;,,,,e'cnem patiJlneHU5 Illaq)Or.allon.o1 rtsr \/V(jrr.shop (It;I(;WleS a(~d oole<lrve'S mtQ prt:x.Vlefl\~n' approach C('lr}\men1 on dra1t proc:uTclnen! dOCutflerlts and ev31uailOfl cTllani) ASSISl v,fllh preserlt~th)11 of iSSttes and consid~f(Ht(tns to dooslon·makf!1'5 Conference c311s I rneetlngs to discuss issues and otaarn chenl dlr~lIc,n lor n€Jl.1 steps Olllel felaied <tChvllle-s jreVlew I commuOtCaIH,:lns) F()tlow up ~na'y51~ Illleettngs ..~ll)cf ~~uJa~cn::~nt ;;n~ cltem.,!~~(!.~~.I:~~.I~ J 2012 -20n 2012 2013 2012 -2013 2012· 2013 2012 2013 2012 2013 2012 ~ 2013 2012 -2013 2012·2013 3.0 J.O 30 90; 2.0 20 2.0 : 60; 2.0 2.0 2.0 60; 2.0 2.0 1.0 : 6 0 1 1.0 1.0 301 3.01.0 1.0 1.0 3.0 1.0 "Rates subject \0 peflo<!Je ,HljV5.tr'flent 'f', accordance 'AHlh the Agreement DrJI\ WOfbr.q Or.o.,moo(· $uI)reClI0 st.~f'ld"rd e~ement;)cceptiJ'r.ee PfQt'eS5e3 41 ATTACHMENT 2 Agreement No. 06-66-027-21 AMENDMENT NO. 10 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISORY SERVICES WITH PB AMERICAS, II\JC~ 1. PARTIES AND DATE This Amendment No. 10 to the Agreement for stratE#gic partnership advisory services is made and entered into as of this day of , 2012, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and PB AMERICAS, INC. ("Consultant"). 2. RECITALS ",.'". "". 2.1 The COm@:tissiOIJ and theConsulta~t~l"lave entered into an agreement dated March 24;<2006 for the p~rpose;6fproviding strategic partnership advisory s.ervices(the "Master Agreement"). 2.2 The Commisi!~~nand the Consultant have entered into Amendment No.1 to the Master Agreement, dated July 11, 2006, for the purpose of providing additiofial compensation for ongoing strategic partnership advisory services. 2.3 Commission and the Consultant have entered into Amendment No.2 tottt~"Master Agreement, dated November 8, 2006, for the purpose of provldti'lg add4~(6nal compensation for ongoing strategic partnership; :,sik•• advisor~i~~rvidess . 2.4 The Commission and the Consultant have entered into Amendment No.3 to the Master Agreement, dated March 22, 2007, for the purpose of providing additional compensation for ongoing strategic partnership advisory services. 2.5 The Commission and the Consultant have entered into Amendment NO.4 to the Master Agreement, dated July 1, 2007, for the purpose of changing the billing rates being utilized by Consultant. PB Americas, Inc. Amendment No. 10 (RCTC Doc. No. 06-66-027-21) Page 1 42 ATTACHMENT 2 2.6 The Commission and the Consultant have entered into Amendment No.5 to the Master Agreement, dated February 9, 2008, for the purpose of extending the term of and to provide additional compensation for the continued provision of strategic partnership advisory services. 2.7 The Commission and the Consultant have entered into Amendment No.6 to the Master Agreement, dated July 10, 2008, for the purpose of permit the San Bernardino Associated Governments to engage the services of the Consultant under similar terms and conditions provided to the Commission under the Master Agreement. 2.8 The Commission and Consultant have entered into Amendment No.7 to the Master Agreement to effectuate an assignment of the Master Agreement by the Consu Itant to a successor entity. 2.9 The Commission and the Consultant have entered into Amendment No.8 to the Master Agreement, dated January 14, 2009, to provide additional compensation for the continued provision of strategic partnership advisory services. 2.10 The Commission and the Consultant have entered into Amendment No.9 to the Master Agreement, dated April 29, 2010, to provide additional compensation for the continued provision of strategic partnership advisory services: 2.11 The parties now desire to amend the Master Agreement for the purpose of extending the term for the continued provision of strategic partnership advisory serVices. 3. TERMS 3.1 The term of the Master Agreement shall be extended for an additional term of two (2) years (the "Second Extended Term") beginning February 9, 2012 and ending February 9, 2014, unless earlier terminated as provided in the Master Agreement, 3.2 The maximum compensation and rates provided under the Master Agreement, as previously amended, shall remain unchanged. 3.3 Except as amended by this Amendment, all provisions of the Master Agreement, as heretofore amended by Amendments No.1 through No.9, including without limitation the indemnity and insurance provisions, shall PB Americas, Inc. Amendment No. 10 (RCTC Doc. No. 06-66-027-21) Page 2 43 ATIACHMENT2 remain in full force and effect and shall govern the actions of the parties under this Amendment. PB Americas, Inc. Amendment No. 10 (RCTC Doc. No. 06-66-027-21) Page 3 44 ATIACHMENT2 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written. RIVERSIDE COUNTY PB AMERICAS, INC. TRANSPORTATION COMMISSION By: John J. Benoit, Chair Signature ",/',/ i~i ,< APPROVED AS TO FORM: By: PB Americas, Inc. Amendment No. 10 (RCTC Doc. No. 06-66-027-21) Page 4 45 ATTACHMENT 3 Agreement No. 06-66-028-11 AMENDMENT NO.8 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH NOSSAMAN LLP 1. PARTIES AND DATE This Amendment No. 8 to the Agreement for Strategic Partnership Advisor Services is made and entered into this day of 2012, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and Nossaman LLP ("Consultant"). 2. RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated April 10, 2006 for the purpose of providing Strategic Partnership Advisor Services (as amended, the "Master Agreement"). The not to exceed amount of the Master Agreement is set at One Hundred and Fifty Thousand Dollars ($150,000). 2.2 The Commission and the Consultant have entered into Amendment No.1 to the Master Agreement, dated July 27, 2006, for the purpose of increasing the not to exceed amount of the Master Agreement by Seventy Five Thousand Dollars ($75,000). 2.3 The Commission and the Consultant have entered into Amendment No.2 to the Master Agreement, dated October 26, 2006, for the purpose of reducing the not to exceed amount of the Master Agreement by Fifty Thousand Dollars ($50,000). 2.4 The Commission and the Consultant have entered into Amendment No.3 to the Master Agreement, dated April 9, 2007, for the purpose of increasing the not to exceed amount of the Master Agreement, by One Hundred and Fifty Thousand Dollars ($150,000). Nossaman LLP Amendment No.8 (RCTC Doc. No. 06-66-028-11) Page 1 46 ATTACHMENT 3 2.5 The Commission and the Consultant have entered into Amendment No.4 to the Master Agreement, dated February 8, 2008 for the purpose of incorporating additional services into the Scope of Services of the Master Agreement, modifying the Consultant's hourly billing rates, extending the term, and increasing the total not to exceed amount of the Master Agreement by Two Hundred and Fifty Thousand Dollars ($250,000). 2.6 The Commission and the Consultant have entered into Amendment No.5 to the Master Agreement dated July 16, 2008 for the purpose of making consulting services available to the San Bernardino Associated Governments through the Master Agreement. 2.7 The Commission and the Consultant have entered into Amendment No.6 to the Master Agreement, dated January 27, 2010 for the purpose of increasing the total not to exceed amount of the Master Agreement by Eight Hundred Thousand Dollars ($800,000) and to modify the Consultant's hourly billing rates. 2.8 The Commission and the Consultant have entered into Amendment No.7 to the Master Agreement, dated December 21, 2010 for the purpose of increasing the total not to exceed amount of the Master Agreement by Two Million, Eighty Three Thousand and Thirty Five Dollars ($2,083,035). 2.9 The parties now desire to amend the Master Agreement for the purpose of extending the term and to provide additional compensation for the continued provision of Strategic Partnership Advisor Services. 3. TERMS 3.1 The term of the Master Agreement shall be extended for an additional term of two (2) years (the "Third Extended Term") beginning February 9, 2012 and ending February 9, 2014, unless earlier terminated as provided in the Master Agreement. 3.2 The maximum compensation under the Master Agreement, as previously amended, is hereby increased by One Million, Eight Hundred Seventy Eight Thousand, Nine Hundred Dollars ($1,878,900), as shown in Exhibit A. Nossaman LLP Amendment No.8 (RCTC Doc. No. 06-66-0Z8-11) PageZ 47 ATIACHMENT 3 3.3 The total contract value for the Master Agreement, as heretofore amended, shall not exceed Five Million, Three Hundred Thirty Six Thousand and Nine Hundred Thirty Five Dollars ($5,336,935). 3.4 Consultant shall continue to provide the Services, on a Task Order basis, as directed by the Commission. 3.5 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendments No.1 through No.7, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. Nossaman LLP Amendment No.8 (RCTC Doc. No. 06-66-028-11) Page 3 48 ATTACHMENT 3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written. RIVERSIDE COUNTY TRANSPORTATION COMMISSIOI\l NOSSAMAN LLP By: John J. Benoit, Chair Signature Name APPROVED AS TO FORM: Title By: Best, Best & Krieger LLP General Counsel Nossaman LLP Amendment No.8 (RCTC Doc. No. 06-66-028-11) Page 4 49 ATIACHMENT 3 Exhibit A (Attached) Fee Nossaman LLP Amendment No.8 (RCTC Doc. No. 06-66-028-11) Page 5 50 PROPOSED NOSSAMAN 2011 BUDGET mNOSSi\Mi\N '" • ~ ~ 1 c ] > ~! .g " j,ll "i ~ ~ ~ Tasks J > ~ ~ ~ . " e E 8 ~ ~ ,;: z .~ ~5 $560 $650 $6.0 $42S $550 $660 $400 Task 1: RCTC/cattrans/Cofiroute/FHWA Cal trans Agreements (TFA and DB Coop) 10 Cofiroute Agreement SO IS IS Caltrans Interaction 25 25 0 FHWA Interaction 25 25 a 20 Total Hours for Task 1 110 40 0 0 0 IS 20 a Total Fees for Task 1 $66,550 $22,400 $0 $0 $0 $8,250 $13,200 $0 $110,400 Task 2: 5R·91 Miscellaneous Calls, Meetings, Research Miscellaneous Calls, Meetings, Research 10 25 10 25 0 a 0 Total Hours for Task 2 10 25 0 10 25 0 0 0 Total Fees for Task 2 $6,050 $14,000 $0 $6,300 $10,625 $0 $0 $01 $36,975 Task 3: Procurement Work Preparation of RFP for Industry Review 25 SO 10 1 ~I ~I 10 Prep of DB Contract for Industry Review SO 100 25 25 10 Review Tech Provisions prepared by PCM SO 0 Participate in industry review 22S 4SO 25 SO RFP Process (Post·RFP Issuance) 225 650 25 751 01 01 25 RFP Evaluation SO ISO 25 Award, Negotiations SO 100 IS SO Total Hours for Task 3 6.0 1550 10 90 235 1 $~I $~I 45 Total Fees for Task 3 $381,150 $868,000 $6,500 $56,700 $99,875 $18,0001 $1,430,225 Task 4: TIFIA/Financlal Closing Preparation ofTIFIA application 20 35 Application/Credit Document Negotiations 25 10 200 Assistance with Financial Closing 25 25 501 $~I $~I $~I 0 Total Hours for Task4 70 35 285 $~I 0 Total Fees for Task 4 $42,350 $19,600 $185,250 $01 $247,200 Task 5; 1·15 Feasibility Continue toll feasibility worle 40 Misc Calls, Meetings and Research 30 20 Total Hours for Task S 70 a 0 20 a 0 0 Total Fees for Task 5 $42,350 $0 $3,250 $0 $8,500 $0 $0 $0 $54,100 SUBTOTALS $538,450 $924,000 $195,000 $63,000 $119,000 $8,250 $13,200 $18,000 $1,878,900 1911\l. '~J#$' "",,, $1;S7S~900 NOTE: THE ATIORNEYS LISTED ABOVE DO NOT REFLECT ALL ATIORNEYS THAT MAY WORK ON RCTC MAnERS IN 2012. A SEPARATE HOURLY RATE SHEET WILL BE PROVIDED, WHICH INCLUDES THE ABOVE AnORNEYS, AND OTHERS THAT MAY BE CALLED ON TO PERFORM SERVICES Allocation of hours among tasks and between attorneys are for budget estimate purposes only. Actual hours for Individuals and allocations across tasks and across attorneys will likely vary For Associate and Other Associates, we have put average rates. Actual rates may vary. The attorneys listed are those that we currently anticipate worleing on the scope of work. Actual attorneys may vary and their individual rates will apply, The above budget assumes that the procurement will continue relatively close to the current schedule with Industry review commencing in January 2012, the ROD in May/June, the Proposals coming due in October 2012 and the TIFIA process Initiated in the 4th quarter of 2011/lst quarter of 2012 The estimates are provided for purposes of obtaining budget authorization and are not a cap on our fees or a guaranty that the scope of services will be provided for such estimated amounts. Budget estimate does not include any remaining amounts under current budget authorization, which will remain available to Nossaman for performance of services. Budget estimate is for fees through 12/31/12 and is based on 2012 hourly rates. The aforementioned budget proposal is subject to various assumptions, which are key elements underlying the budget The budget assumes that the PCM will remain primarily responsible for Project management and the RFP and Technical Provisions and that information necessary for Nossaman to provide its services will be timely and accurately prOVided. 51 ATIACHMENT4 Agreement No. 10-31-099-01 AMENDMENT NO. 1 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISORY SERVICES WITH STANTEC CONSULTING SERVICES, INC. 1. PARTIES AND DATE This Amendment No. 1 to the Agreement for strategic partnership advisory services is made and entered into as of this day of , 2012, by and between the RIVERSIDE COUNTY TRANSPORTAlfJON COMMISSION ("Commission") and STANTEC CONSULTING SERVICES, INC. ('\ID,Qnsultant"). 2. RECITALS 2.1 The Commission an<jthe Consultant have entered into an agreement dated September 01, 2010 for the pUrpose of providing strategic partnership advisory services (the "M,asterAgreement"). 2.2 The parties now desire to .. amend the Master Agreement for the purpose of extending the tenn for the continued provision of strategic partnership advisory services. 3. TERMS 3.1 The term of the Master Agreement shall be extended for an additional term (the "First Extended Term") ending February 9, 2014, unless earlier terminated as provided in the Master Agreement, 3.2 The maximum compensation and rates provided under the Master Agreement, shall remain unchanged. 3.3 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendment No.1, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. Stantec Consulting Services, Inc. Amendment No.1 (RCTC Doc. No. 10-31-099-01) Page 1 52 ATIACHMENT4 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: John J. Benoit, Chair APPROVED AS TO FORM: By: Best, Best & Krieger LLP General Counsel STANTEC CONSULTING SERVICES, INC. Signature Name Title Stantec Consulting Services, Inc. Amendment No.1 (RCTC Doc. No. 10-31-099-01) Page 2 53 AGENDA ITEM 88 RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: January 11, 2012 TO: Riverside County Transportation Commission FROM: Gina Gallagher, Senior Staff Analyst Marlin Feenstra, Project Delivery Director -""" THROUGH: Anne Mayer, Executive Director SUBJECT: List of Pre-Qualified Firms and Way Support Services Agreements for On-Call Right of STAFF RECOMMENDA TION: This item is for the Commission to: 1) Award the following agreements to provide on-call right of way support services for a three-year term, and a single one-year option to extend the agreements in an amount not to exceed an aggregate value of $1.5 million; a) Agreement No. 12-31-012-00 with Overland, Pacific & Cutler, Inc; and b) Agreement No. 12-31-038-00 with Epic Land Solutions, Inc; 2) Authorize the Executive Director, or designee, to execute task orders awarded to contractors under the terms of the agreements; and 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements, including the option year, on behalf of the Commission. BA CKGROUND INFORMA TlON: Right of way services are necessary to support current Commission projects and future Measure A highway and rail projects. In order to meet project schedules, control costs, and assure compliance with federal and state regulations and requirements related to right of way acquisition, staff recommends awarding contracts for on-call services, with the work to be issued on an as-needed task order basis. Due to the amount of potential right of way services required at this time, we are recommending awards to two firms. Procurement Process The Commission generally utilizes the low bid methodology for scopes of services that are complete and clearly delineated, where price is the only relevant factor that could distinguish qualified firms. The low bid procurement precludes Commission staff from discussing a vendor's approach to performing the required Agenda Item 88 54 services with any potential bidder. A negotiated procurement, or request for proposals (RFP), affords staff the opportunity to evaluate and discuss price and other technical factors with proposers. Accordingly, staff issued RFP No. 12-31-012-00 to secure services from up to three qualified firms to provide on-call right of way support services. The RFP was released by staff and advertised on October 24, 2011. The weighted factor method of source selection was determined by staff to be the most appropriate for this procurement, as it allows the Commission to identify the most advantageous proposal with price and technical factors considered. Non-price technical factors used to evaluate the proposers under this RFP included elements such as experience, qualifications, personnel, and the firms' ability to respond to the requirements set forth under the terms of the RFP. A pre-proposal conference was held at the Commission's office on November 2 and seven firms attended. Commission staff responded to all questions submitted by potential proposers prior to the November 22 deadline. Six firms -Bender Rosenthal, Inc., Briggs Field Services, Inc., Epic Land Solutions, Inc., HDR Engineering Inc., Paragon Partners Ltd., and Overland, Pacific & Cutler, Inc. ­ submitted responsible and responsive proposals prior to the November 22 submittal deadline. Utilizing the evaluation criteria set forth in the RFP, the six firms were evaluated and scored by an evaluation committee comprised of Commission and Caltrans staff. Scoring was based entirely upon the evaluation criteria set forth in the RFP. Based on the evaluation committee's assessment of the written proposals and pursuant to the terms of the RFP, the evaluation committee short listed and invited four firms to the interview phase of the evaluation and selection process. Interviews with the short listed firms were conducted on December 13. The evaluation committee conducted a subsequent evaluation of each firm, based on both written and interview components presented to the evaluation committed by each proposer. Accordingly, the evaluation committee recommends contract award Epic Land Solutions, Inc. and Overland, Pacific & Cutler, Inc for on-call right of way support services. The recommended awardees' labor rates were competitively established and considered fair and reasonable based upon adequate price competition under the above referenced procurement process and staff evaluation of historical costs paid by the Commission for the same or similar services. The recommended awardees offered the most advantageous combination of pricing, experience, and relevant qualifications. Staff is confident that the recommended firms will provide the Commission with quality service at the best possible price. Agenda Item 88 55 The multiple award, on-call, task order type contracts do not guarantee work to any of the awardees; therefore, no funds are guaranteed to any consultant. Pre-qualified consultants will be selected for specific tasks based on information contained in their proposal. Services will be provided through the Commission's issuance of contract task orders to the contractors on an as-needed basis. The Commission's standard form professional services agreement will be entered into with the consultants subject to any changes approved by the Executive Director, and pursuant to legal counsel review. Staff oversight of the contract will work to maximize the effectiveness of the consultants and minimize the costs to the Commission. Financial Information In Fiscal Year Budget: I Yes I I FY 20 1 1 11 2 NIA Year: FY 2012/13 + Amount: I $ 160,000 $1,340,000 Source of Funds: 11989 we Measure A 2009 we Measure A, TUMF Budget Adjustment: 1 No N/A GLlProject Accounting No.: 00300581403000130000222 31 81401 $ 150,000 0030098140300013000022231 81401 $ 100,000 003015814030001300002223181401 $ 100,000 0030178140300013000022231 81401 $ 40,000 003021 8140600013000026231 81401 $ 235,000 0030238140300013000026231 81401 $ 200,000 00380081403000130000221 3381401 $ 200,000 00382381403000130000221 3381401 $ 100,000 00382481403000130000221 3381401 $ 200,000 005123814030001300002107381401 $ 100,000 005127 81403000130000 21072 81401 $ 75,000 Fiscal Procedures Approved: ~~ I Date: I 1 2/1 9/11 Attachment: Standard Form On-Call Professional Services Agreement Agenda Item BB 56 Agreement No. RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR ON-CALL RIGHT OF WAY SUPPORT SERVICES WITH LCONSULTANT---.J 1. PARTIES AND DATE. This Agreement is made and entered into this _ day of ,201_, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (lithe Co­ mmission") and LNAME OF FIRM---.J ("Consultant"), a LLEGAL STATUS OF CONSULTANT e.g., CORPORATION---.J. 2. RECITALS. 2.1 Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is a professional consultant, experienced in providing LINSERT TYPE OF SERVICES---.J services to public clients, is licensed in the State of California, and is familiar with the plans of Commission. 2.2 Commission desires to engage Consultant to render certain consulting services for the LINSERT PROJECT NAME---.J Project ("Project") as set forth herein. 3. TERMS. 3.1 General Scope of Services. Consultant promises and agrees to furnish to Commission all labor materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide professional consulting services and advice on various issues affecting the decisions of Commission regarding the Project and on other programs and matters affecting Commission, hereinafter referred to as "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations. 3.2 Term. The term of this Agreement shall be from the date first specified above to _______, unless earlier terminated as provided herein. Consultant 57 shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "8" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of the Commission, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.4 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant under its supervision. Consultant will determine the means, method and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and Consultant is not an employee of Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall not be employees of Commission and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Commission. 3.6 Substitution of Key Personnel. Consultant has represented to Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence and experience upon written approval of Commission. In the event that Commission and Consultant cannot agree as to the substitution of key personnel, Commission shall be entitled to terminate this Agreement for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for performance of this Agreement are as follows: _______________ 3.7 Commission's Representative. Commission hereby designates LINSERT NAME OR TITLE-.-J, or his or her designee, to act as its representative for the performance of this Agreement ("Commission's Representative"). Commission's representative shall have the power to act on behalf of Commission for all purposes under this Agreement. Consultant shall not accept direction from any person other than Commission's Representative or his or her designee. 2 58 3.8 Consultant's Representative. Consultant hereby designates LINSERT NAME OR TITLE---.J, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.9 Coordination of Services. Consultant agrees to work closely with Commission staff in the performance of Services and shall be available to Commission's staff, consultants and other staff at all reasonable times. 3.10 Standard of Care; Licenses. Consultant shall perform the Services under this Agreement in a skillful and competent manner, consistent with the standard generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from Commission, any Services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant's errors and omissions. 3.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3 59 3.12 Insurance. 3.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3.12.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this AgreemenUlocation or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1 ,000,000 per accidentfor bodily injury and property damage; and (3) if Consultant has an employees, Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Practices Liability limits of $1,000,000 per accident. 3.12.3 Professional Liability. LINCLUDE ONLY IF APPLICABLE ­ DELETE OTHERWISE---.J Consultant shall procure and maintain, and require its sub­ consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 LINCREASE IF NECESSARY -OTHERWISE LEAVE AS IS AND DELETE THIS NOTE---.J per claim. 3.12.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: 4 60 (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. (8) 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, (8) 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. 3.12.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self-insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 5 61 3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating no less than AVIII, licensed to do business in California, and satisfactory to the Commission. 3.12.7 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.13 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.14 Fees and Payment. 3.14.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto. The total compensation shall not exceed LINSERT WRITTEN DOLLAR AMOUNT---.J (SLINSERT NUMERICAL DOLLAR AMOllNT---.J) without written approval of Commission's Executive Director (,Total Compensation"). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.14.2 Payment of Compensation. Consultant shall submit to Commission a monthly statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Commission shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.14.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Commission. 6 62 3.14.4 Extra Work. At any time during the term of this Agreement, Commission may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Commission to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Commission's Executive Director. 3.15 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Commission during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.16 Termination of Agreement. 3.16.1 Grounds for Termination. Commission may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof. Upon termination, Consultant shall be compensated only for those services which have been fully and adequately rendered to Commission through the effective date of the termination, and Consultant shall be entitled to no further compensation. ConSUltant may not terminate this Agreement except for cause. 3.16.2 Effect of Termination. If this Agreement is terminated as provided herein, Commission may require Consultant to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.16.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Commission may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.17 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: 7 63 CONSULTANT: COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Attn: -------Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18 Ownership of Materials/Confidentiality. 3.18.1 Documents & Data. This Agreement creates an exclusive and perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all copyrights and designs embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on cornputer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents &Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents &Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission's sole risk. 3.18.2 Intellectual Property. In addition, Commission shall have and retain all right, title and interest (including copyright, patent. trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media ("Intellectual Property") prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. 8 64 The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. Commission further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. 3.18.3 Confidentiality. All ideas, memoranda, speCifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Commission's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Commission. 3.19 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.20 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this 9 65 Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of such actions. 3.21 Indemnification. Consultant shall indemnify and hold the Commission, its directors, officials, officers, agents, consultants, employees and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions or willful misconduct of the Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Commission, its directors, officials, officers, agents, consultants, employees and volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Commission or its directors, officials, officers, agents, consultants, employees and volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the Commission and its directors, officials, officers, agents, consultants, employees and volunteers, for any and all legal expenses and costs, including reasonable attorney's fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnity shall not be restricted to insurance proceeds, if any, received by the Commission or its directors, officials, officers, agents, consultants, ernployees and volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, orwillful misconduct ofthe Consultant. This Section 3.21 shall survive any expiration or termination of this Agreement. 3.22 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.23 Governing Law. This Agreement shall be governed by the laws ofthe State of California. Venue shall be in Riverside County. 3.24 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.25 Commission's Right to Employ Other Consultants. The Commission reserves the right to employ other consultants in connection with this Project. 10 66 3.26 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by Consultant without the prior written consent of Commission. 3.27 Prohibited Interests. 3.27.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Commission shall have the right to rescind this Agreement without liability. 3.27.2 Conflict of Interest. For the term of this Agreement, no member, officer or employee of Commission, during the term of his or her service with Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.28 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or other related Commission programs or guidelines currently in effect or hereinafter enacted. 3.29 Subcontracting. Consultant shall not subcontract any portion of the work or Services required by this Agreement, except as expressly stated herein, without prior written approval of the Commission. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.30 Prevailing Wages. By its execution of this Agreement, Consultant certified that it is aware of the requirements of California Labor Code Sections 1720 et seg. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The Commission shall provide Consultant with a copy of the prevailing rate of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at II 67 the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.31 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub-consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5,1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Consultant. 3.32 No Waiver. Failure of Commission to insist on anyone 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 anyone time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 3.33 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during anyone calendar day, and forty hours in anyone 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 anyone calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour Law. ]2 68 3.34 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, shall survive any such expiration or termination. 3.35 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.36 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.37 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.38 Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. [SIGNATURES ON FOLLOWING PAGE] 13 69 SIGNATURE PAGE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR ON-CALL RAIL OPERATIONS SUPPORT SERVICES WITH LCONSULTANT-.-J IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY CONSULTANT TRANSPORTATION COMMISSION [INSERT NAME OF CONSULTANT] By: John J. Benoit Chairman By: Signature Name [NOT NEEDED IF APPROVED BY COMMISSION] Title By: Anne Mayer Executive Director Approved as to Form: Attest: By: ___________________By: Best Best & Krieger LLP General Counsel Its: Secretary 14 70 EXHIBIT "A" SCOPE OF SERVICES A-J 71 EXHIBIT "8" SCHEDULE OF SERVICES LINSERT~ B-1 72 EXHIBIT "C" COMPENSATION C-l 73 AGENDA ITEM 8e RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: January 11, 2012 TO: Riverside County Transportation Commission FROM: Sheldon Peterson, Rail Manager THROUGH: Anne Mayer, Executive Director SUBJECT: List of Pre-Qualified Firms for On-Call Rail Operations Support Services STAFF RECOMMENDA TlON: This item is for the Commission to:. 1} Award the following agreements to provide on-call rail operations support services for a three-year term, and two one-year options to extend the agreements, in an amount not to exceed an aggregate value of $1 million; a} Agreement No. 12-25-022-00 with HDR Engineering, Inc.; b) Agreement No. 12-25-035-00 with Parsons Brinckerhoff, Inc.; and c} Agreement No. 12-25-036-00 with STV Incorporated; 2} Authorize the Executive Director, or designee, to execute task orders awarded to contractors under the terms of the agreements; and 3} Authorize the Chair, pursuant to legal counsel review, to execute the agreements, including option years, on behalf of the Commission. BACKGROUND INFORMA TION: The Commission's Rail Department actively manages the operations, planning, and development of passenger rail issues in the county. In order to better serve the Commission, staff is recommending the addition of an on-call rail operations support consulting bench. These additional resources will be used to develop and support a number of ongoing projects for the Commission. Since the start of Metrolink, these services were provided by Schiermeyer Consulting Services. However, due to the recent retirement of its principal, there is the need to replace and expand the rail consulting services. The current and previous year's budgets for rail consulting services were at $150,000 per year. Due to the expanded role and more detailed expertise required, the new projected budget will be $200,000 a year starting with FY 2012/13. With a bench of qualified consultants, it is the intent to share the work and no single contractor will be given projects exceeding $500,000 over the five years. In addition, in order to ensure transparency and fairness, a status report on the projects and consultants will be provided to the Commission on an annual basis. Agenda Item Be 74 The Commission participates in a number of regional rail coordination efforts including the Metrolink Board and Technical Advisory Committee, Los Angeles-San Diego-San Luis Obispo Board and Technical Advisory Committee, High Speed Rail ­ Southern California Inland Corridor Group, Southern California Passenger Rail Planning Coalition, and Coachella Valley Association of Governments Transportation Committee and Rail Subcommittee. A key function of the Commission's Rail Program is the provision of technical input and oversight to these coordination efforts, and the consulting team will be instrumental in these efforts. Below is a scope and list of potential projects for the consultants. • Rail Planning and Technical Studies Perform, review, and provide comments on various planning studies and exercises related to the rail projects in Riverside County, including but not limited to, feasibility studies, strategic plans, short range transit plans, rail service design, connecting transit plans, freight studies, ridership projections, rail service planning models utilizing the Rail Traffic Controller software, station development plans, transit oriented development plans, parking studies, quiet zone plans, etc. • Rail Operations Support Provide assistance in various aspects of the rail operations program including consulting support for regional and local meetings, policy development, assistance with railroad negotiations, station and right of way safety and security support, local passenger communications, marketing efforts, and sustainability programs. Provide engineering support as needed to review proposed station, track, structure or layover site plans. • Rail Performance and Compliance Provide assistance in overseeing the performance of Metrolink, other contractors, and local rail projects. Assist with developing funding and service projections and evaluating existing programs to improve efficiency. Provide compliance assistance with local, state, and federal laws and requirements. These could relate to requirements of the Federal Railroad Administration, Federal Transit Administration, National Transportation Safety Board, Public Utilities Commission, Environmental Protection Agency as well as city ordinances. Procurement Process The Commission generally utilizes the low bid methodology for scopes of services that are complete and clearly delineated, where price is the only relevant factor Agenda Item 8e 75 that could distinguish qualified firms. The low bid procurement precludes Commission staff from discussing a vendor's approach to performing the required services with any potential bidder. A negotiated procurement, or request for proposals (RFP), affords staff the opportunity to evaluate and discuss price and other technical factors with proposers. Accordingly, staff issued RFP No. 12-25-022-00 to secure services from up to three qualified firms to provide on-call rail operations support services. The RFP was released by staff and advertised on October 7, 2011. The weighted factor method of source selection was determined by staff to be the most appropriate for this procurement, as it allows the Commission to identify the most advantageous proposal with price and technical factors considered. Non-price technical factors used to evaluate the proposers under this RFP included elements such as experience, qualifications, personnel, and the firms' ability to respond to the requirements set forth under the terms of the RFP. A pre-proposal conference was held at the Commission's office on October 25 and nine firms attended. Commission staff responded to all questions submitted by potential proposers prior to the November 1 deadline. Five firms -HDR Engineering, Inc., Parsons Brinckerhoff, Inc., R.L. Banks & Associates, Inc., STV Incorporated, and Wilbur Smith Associates submitted responsible and responsive proposals prior to the November 15 submittal deadline. Utilizing the evaluation criteria set forth in the RFP, the five firms were evaluated and scored by an evaluation committee comprised of Commission staff. Scoring was based entirely upon the evaluation criteria set forth in the RFP. Based on the evaluation committee's assessment of the written proposals, and pursuant to the terms of the RFP, the evaluation committee short listed and invited all five firms to the interview phase of the evaluation and selection process. Interviews with the above referenced firms were conducted on December 12, and the evaluation committee conducted a subsequent evaluation of each firm, based on both written and interview components presented to the evaluation committed by each proposer. Because the on-call bench was limited to a maximum of three firms under the terms of the RFP, the list of recommended awardees is as follows: HDR Engineering, Inc., Parsons Brinkerhoff, Inc., and STV Incorporated. The recommended awardees' labor rates were competitively established and considered fair and reasonable based upon adequate price competition under the above-referenced procurement process and staff evaluation of historical costs paid by the Commission for the same or similar services. The recommended awardees Agenda Item 8e 76 offered the most advantageous combination of priCing, experience, and relevant qualifications. Staff is confident that the recommended firms will provide the Commission with quality service at the best possible price. The multiple award, on-call, task order type contracts do not guarantee work to any of the awardees; therefore, no funds are guaranteed to any consultant. Pre-qualified consultants will be selected for specific tasks based on information contained in their proposal. Services will be provided through the Commission's issuance of contract task orders to the contractors on an as-needed basis. The Commission's standard form professional services agreement will be entered into with each of the consultants subject to any changes approved by the Executive Director, and pursuant to legal counsel review. Staff oversight of the contract will work to maximize the effectiveness of the consultants and minimize the costs to the Commission. Financial Information . I Yes I I FY 2011/12In Fiscal Year Budget: N/A Year: FY 2012/13 + Amount: I $150,000 $850,000 Source of Funds: I Measure A Budget AQjustment: I No N/A GLlProject Accounting No.: 1254199 103 25 65520 Fiscal Procedures Approved: 1"-jL~ ~~ 1 Date: I 12/19/11 Attachment: Standard Form On-Call Professional Services Agreement Agenda Item 8e 77 Agreement No. _-_-_-_ RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR ON-CALL RAIL OPERATIONS SUPPORT SERVICES WITH ~CONSULTANT-.-J 1. PARTIES AND DATE. This Agreement is made and entered into this _ day of ,201_, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Co­ mmission") and ~NAME OF FIRM-.-J ("Consultant"), a ~LEGAL STATUS OF CONSULTANT e.g., CORPORATION-.-J. 2. RECITALS. 2.1 Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is a professional consultant, experienced in providing ~INSERT TYPE OF SERVICES-.-J services to public clients, is licensed in the State of California, and is familiar with the plans of Commission. 2.2 Commission desires to engage Consultant to render certain consulting services for the ~INSERT PROJECT NAME-.-J Project ("Project") as set forth herein. 3. TERMS. 3.1 General Scope of Services. Consultant promises and agrees to furnish to Commission all labor materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide professional consulting services and advice on various issues affecting the decisions of Commission regarding the Project and on other programs and matters affecting Commission, hereinafter referred to as "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations. 3.2 Term. The term of this Agreement shall be from the date first specified above to _______, unless earlier terminated as provided herein. Consultant 78 shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "8" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of the Commission, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.4 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant under its supervision. Consultant will determine the means, method and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and Consultant is not an employee of Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall not be employees of Commission and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Commission. 3.6 Substitution of Key Personnel. Consultant has represented to Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence and experience upon written approval of Commission. In the event that Commission and Consultant cannot agree as to the substitution of key personnel, Commission shall be entitled to terminate this Agreement for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for performance of this Agreement are as follows: _______________ 3.7 Commission's Representative. Commission hereby designates LINSERT NAME OR TITlE---1, or his or her designee, to act as its representative for the performance of this Agreement ("Commission's Representative"). Commission's representative shall have the power to act on behalf of Commission for all purposes under this Agreement. Consultant shall not accept direction from any person other than Commission's Representative or his or her designee. 2 79 3.8 Consultant's Representative. Consultant hereby designates LINSERT NAME OR TITLE----.J, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.9 Coordination of Services. Consultant agrees to work closely with Commission staff in the performance of Services and shall be available to Commission's staff, consultants and other staff at all reasonable times. 3.10 Standard of Care; Licenses. Consultant shall perform the Services under this Agreement in a skillful and competent manner, consistent with the standard generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from Commission, any Services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant's errors and omissions. 3.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3 80 3.12 Insurance. 3.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3.12.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1 ,000,000 per accident for bodily injury and property damage; and (3) if Consultant has an employees, Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Practices Liability limits of $1 ,000,000 per accident. 3.12.3 Professional Liability. L-,NCLUDE ONLY IF APPLICABLE­ DELETE OTHERWISE-----.J Consultant shall procure and maintain, and require its sub­ consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 LINCREASE IF NECESSARY -OTHERWISE LEAVE AS IS AND DELETE THIS NOTE-----.J per claim. 3.12.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: 4 81 (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. (8) 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, (8) 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. 3.12.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self-insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 5 82 3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than AVIII, licensed to do business in California, and satisfactory to the Commission. 3.12.7 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be Signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.13 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.14 Fees and Payment. 3.14.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto. The total compensation shall not exceed LINSERT WRITTEN DOLLAR AMOUNT ~($LINSERT NUMERICAL DOLLAR AMOUNT~) without written approval of Commission's Executive Director ("Total Compensation"). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.14.2 Payment of Compensation. Consultant shall submit to Commission a monthly statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Commission shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.14.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Commission. 6 83 3.14.4 Extra Work. At any time during the term of this Agreement, Commission may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Commission to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Commission's Executive Director. 3.15 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly idenHfiable. Consultant shall allow a representative of Commission during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.16 Termination of Agreement. 3.16.1 Grounds for Termination. Commission may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof. Upon termination, Consultant shall be compensated only for those services which have been fully and adequately rendered to Commission through the effective date of the termination, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.16.2 Effect of Termination. If this Agreement is terminated as provided herein, Commission may require Consultant to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.16.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Commission may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.17 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: 7 84 CONSULTANT: COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Attn: -------Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18 Ownership of Materials/Confidentiality. 3.18.1 Documents & Data. This Agreement creates an exclusive and perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all copyrights and designs embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents &Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission's sole risk. 3.18.2 Intellectual Property. In addition, Commission shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media ("Intellectual Property") prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. 8 85 The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. Commission further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or SUb-license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. 3.18.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Commission's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Commission. 3.19 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.20 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this 9 86 Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of such actions. 3.21 Indemnification. Consultant shall indemnify and hold the Commission, its directors, officials, officers, agents, consultants, employees and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions or willful misconduct of the Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance ofthe Services, the Project or this Agreement, including without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Commission, its directors, officials, officers, agents, consultants, employees and volunteers. Consultant shall pay and satisfy any jUdgment, award or decree that may be rendered against the Commission or its directors, officials, officers, agents, consultants, employees and volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the Commission and its directors, officials, officers, agents, consultants, employees and volunteers, for any and all legal expenses and costs, including reasonable attorney's fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnity shall not be restricted to insurance proceeds, if any, received by the Commission or its directors, officials, officers, agents, consultants, employees and volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. This Section 3.21 shall survive any expiration or termination of this Agreement. 3.22 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.23 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.24 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.25 Commission's Right to Employ Other Consultants. The Commission reserves the right to employ other consultants in connection with this Project. 10 87 3.26 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assjgned by Consultant without the prior written consent of Commission. 3.27 Prohibited Interests. 3.27.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Commission shall have the right to rescind this Agreement without liability. 3.27.2 Conflict of Interest. For the term of this Agreement, no member, officer or employee of Commission, during the term of his or her service with Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.28 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or other related Commission programs or guidelines currently in effect or hereinafter enacted. 3.29 Subcontracting. Consultant shall not subcontract any portion of the work or Services required by this Agreement, except as expressly stated herein, without prior written approval of the Commission. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.30 Prevailing Wages. By its execution of this Agreement, Consultant certified that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1 ,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The Commission shall provide Consultant with a copy of the prevailing rate of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at II 88 the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.31 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunderwho 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. 3.32 No Waiver. Failure of Commission to insist on anyone 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 anyone time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 3.33 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during anyone calendar day, and forty hours in anyone 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 Comrnission 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 anyone calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour Law. 12 89 3.34 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, shall survive any such expiration or termination. 3.35 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.36 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.37 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.38 Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. [SIGNATURES ON FOLLOWING PAGE] 13 90 SIGNATURE PAGE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR ON-CALL RAIL OPERATIONS SUPPORT SERVICES WITH LCONSULTANT~ IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY CONSULTANT TRANSPORTATION COMMISSION [INSERT NAME OF CONSULTANT] By: John J. Benoit Chair By: Signature Name [NOT NEEDED IF APPROVED BY COMMISSION] Title By: Anne Mayer Executive Director Approved as to Form: Attest: By: By: ___________________ Best Best Krieger LLP General Counsel Its: Secretary 14 91 EXHIBIT "A" SCOPE OF SERVICES A-I 92 EXHIBIT "8" SCHEDULE OF SERVICES LINSERT---1 8-1 93 EXHIBIT "C" COMPENSATION LINSERT~ C-l 94 AGENDA ITEM 9 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 11, 2012 TO: Riverside County Transportation Commission FROM: Theresia Trevino, Chief Financial Officer THROUGH: I Anne Mayer, Executive Director SUBJECT: Fiscal Year 2011/12 Mid-Year Revenue Projections STAFF RECOMMENDA nON: This item is for the Commission to: 1) Approve the mid-year revenue projections for FY 2011/12; 2) Approve the budget increase adjustments to Measure A revenues of $9.3 million and expenditures of $3,904,000, to reflect the revised Measure A projections; 3) Approve the budget increase adjustments to Local Transportation Fund (L TF) revenues and transfers in of $4,738,000, and expenditures and transfers out of $876,000 to reflect the revised L TF projections; and 4) Approve the budget decrease adjustments to Transportation Uniform Mitigation Fee (TUMF) revenues of $300,000 to reflect the revised TUMF projections. BA CKGROUND INFORM A nON: Prior to the beginning of FY 2011/12, staff made projections regarding the revenue to be received from Measure A, L TF, and TUMF funds for budget purposes. Staff has tracked the Measure A, LTF, and TUMF revenues on a monthly basis. Current trends indicate that Measure A and LTF receipts are about 9.4 percent and 9.8 percent higher, respectively, for the six months ended December 31, 2011, compared to the same period last year. The upward trend in receipts over the past six months reflects an improvement in sales tax revenues compared to the revenues recorded for FY 2010111, which reflected an increase of 7.8 percent and 7.2 percent in Measure A and L TF revenues, respectively, from the FY 200911 0 levels. TUMF revenues have declined 33 percent for the four months ended October 31, 2011, compared to the same period last year. While economic reports indicate that the nationwide recession ended in June 2009 and economic growth has resumed, recovery in the local Inland Empire economy lags the nation and the rest of the state. The unemployment rate remains high Agenda Item 9 95 although it has recently been decreasing, and the housing market continues to be challenged. Accordingly, staff has taken a conservative approach to this year's mid-year projection analysis based on the revenue trend noted through December 2011. Staff recommends that the Commission increase the current year revenue projections for Measure A and LTF to approximate the prior year revenues and to decrease the TUMF revenue projection as follows: FY 2011/12 Revised for Increase Revenue Original FY 2011/12 Mid-Year (Decrease) Projections (January 2011, Budget Adjustment from Budget Measure A $ 114,700,000 $114,700,000 $ 124,000,000 $ 9,300,000 LTF 56,700,000 56,700,000 61,000,000 4,300,000 TUMF 4,300,000 4,300,000 4,000,000 (300,000) For reference purposes, audited revenues for FY 2010/11 were approximately $123,440,000 (Measure A), $60,773,000 (LTF), and $6,493,000 (TUMF). The increase in Measure A revenues has a direct effect on the distributions to the geographic areas and related local streets and roads (LSR) programs. Accordingly, in addition to the revenue budget adjustments, Measure A budget adjustments for expenditures are required for the LSR aggregating $2,857,000 and Coachella Valley highways and regional arterials of $1,047,000 million. The increase in Measure A revenues also results in an increase in the 1 percent statutory limitation on administrative salaries and benefits. Based on a preliminary analysis through December 31, 2011, it appears that this limitation will not be exceeded. Additionally, the original Measure A administrative allocation of $2.7 million is sufficient to cover FY 2011/12 administrative costs. This allocation does not exceed the 4 percent limitation on administration costs adopted by the Commission in a prior year. The L TF audit was completed and financial statements were issued in November 2011. Staff revised the original projections to include the carryover that is now available to the local governments and transit agencies amounting to $10,300,600. An expenditure adjustment is required for planning of approximately $438,000. Since such planning allocations may be transferred to the General Fund, similar adjustments to transfers in and out are also needed. The increase for SB 821 bicycle and pedestrian projects of approximately $281,100 does not require a budget adjustment as this amount will be included in the amount available for the next call for projects. Staff is analyzing the impact of the Measure A funds and L TF apportionments for transit operators and will coordinate adjustments, if any, with the affected operators in a subsequent agenda item. Agenda Item 9 96 Upon Commission approval, staff will provide this updated information to the necessary local governments and transit operators. Additionally, staff will continue to monitor FY 2011/12 revenue to determine if any adjustments to the revenue projections or Measure A administration are necessary. Financial Information . I I I I I $13,738,000 sourcesIn Fiscal Year Budget: No Year: FY 2011/12 Amount: $4,780,000 uses Source of Funds: ILTF, Measure A, TUMF I ~ t Adjustment: IY-'-e-'-s---il $ 4,300,000 601 6240102 438,000 601 62 97001 438,000 106 65 59001 438,000 106 65 86205 2,168,000 623999401 40101 26231 40101 787,000 613999401 40101 261 31 40101 433,000 654199401 40101 265 33 40101 109,000 269 62 40101 136,000 260 26 40101 46,000 270 2640101 106,000 632199401 40101 26341 40101 638,000 266 72 40101 GLlProject Accounting No.: 2,063,000 26771 40101 574,000 2641940101 85,000 683999 401 40101 268 31 40101 1,047,000 563999401 40101 25631 40101 731,000 257 71 40101 314,000 258 2640101 63,000 23471 40101 2,063,000 267 71 86104 1,047,000 25631 86405 731,000 257 71 86104 63,000 234 71 86104 (150,000) 72500041641607 2107242110 (150,000) 72500041641607 2107242110 Fiscal Procedures Approved: I ~~ I Date: I 12/19/11 Attachments: 1} Measure A Program Allocation FY 2011/1 2 2} Riverside County LTF FY 2011/12 Apportionment Agenda Item 9 97 ATTACHMENT 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A PROGRAM ALLOCATION (PROJECTION) FY 2011/12 (Revised (1111/12) Revenues Less: Administration APPORTIONMENT TO PROGRAMS REVISED $ 124,000,000 2,700,000 $ 121,300,000 ORIGINAL $ 114,700,000 2,700,000 $ 112,000,000 Increase (Decrease) $ 9,300,000 $ 9,300,000 Western County Highway Improvements New Corridors Public Transft Commuter Rail Intercity Bus Specialized Transil-Operalions Specialized Transit-CTSA Commuter Services Regional Arterial Local Streets & Roads BANNING BEAUMONT CALIMESA CANYON LAKE CORONA EASTVALE HEMET JURUPA VALLEY LAKE ELSINORE MENIFEE MORENO VALLEY MURRIETA NORCO PERRIS RIVERSIDE SAN JACINTO TEMECULA WILDOMAR RIVERSIDE COUNTY RCTC Regional Arterial Bond Financing Economic Development Projects SUBTOTAL·Western County Coachella Valley Highways & Regional Arterials Local Street & Roads CATHEDRAL CITY COACHELLA DESERT HOT SPRINGS INDIAN WELLS INDIO LA QUINTA PALM DESERT PALM SPRINGS RANCHO MIRAGE RIVERSIDE COUNTY CVAG Specialized & Public Transil SUBTOTAL ·Coachella Valley Palo Verde Valley Local Street & Roads BLYTHE RIVERSIDE COUNTY SUBTOTAL-Palo Verde Valley TOTAL $ 27,871,000 $ 25,703,000 $ 2,168,000 10,110,000 9,323,000 787,000 5,574,000 5,141,000 433,000 1,394,000 1,285,000 109,000 1,742,000 1,606,000 136,000 581,000 535,000 46,000 1,366,000 1,260,000 106,000 8,198,000 7,560,000 638,000 2,063,000 14,311,000 13,264,000 1,047,000 2,092,000 $ 121,300,000 $ 112,000,000 $ 9,300,000 Note: Estimate for Planning Purposes, subject to change and rounding differences. 98 ATTACHMENT 2 RIVERSIDE COUNTY LOCAL TRANSPORTATION FUND FY 2011112 APPORTIONMENT (Revised 1/11112) Revised Original Projection Projection Increase Estimated Carryover (Unapportioned) $ 10,300,600 $ $ 10,300,600 Est Receipts 61,000,000 4,300,000 TOTAL REVENUES 71,300,600 56,700,000 14,600,600 Less: Auditor 12,000 12,000 Less RCTC Administration 700,000 700,000 Less: RCTC Planning (3% of revenues) 2,139,018 1,701,000 438,018 Less: SCAG Planning (3/4 of 1 % of revenues) 534,755 425,250 109,505 BALANCE 67,914,828 53,861,750 14,053,078 Less: SB 821 (2% of balance) 1,358,297 1,077,235 281,062 BALANCE AVAILABLE BEFORE RESERVES 66,556,531 52,784,515 13,772,016 Less: 10% Transit Reserves 6,655,653 5,278,452 1,377,202 BALANCE AVAILABLE FOR APPORTIONMENT 59,900,878 47,506,064 $ 12,394,814 APPORTIONMENT Revised Original Population FY 2011112 FY 2011112 Population % of Total Apportionment Apportionment Increase Western: 1,666,282 $ 36997981 $ 965314977 .88% ,..;$"-----,4:.:::6..."6:.:::5,,,,1,::-13",,0::..., Rail 22% 10,263,249 8,139,556 2,123,693 Transit 78% 36,387,881 28,858,425 7,529,455 Coachella Valley 444,626 20.78% 12,448,263 9,872,443 2,575,820 Palo Verde Valley 28,627 1.34% 801,485 635,640 165,845 2,139,535 100.00% =$-==~5;;;;9,!;;,9;;;;0=0'o;;8=78= $ 47,506,064 $ ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12.2005): Western: Rail $ 1,140,361 Transit: RTA $ 3,157,860 Banning 170,883 Beaumont 160,981 Corona 179,150 Riverside Subtotal Transit 4,043,098 Subtotal Western 5,183,459 Coachella Valley 1,383,140 Palo Verde Valley 89,054 Total Reserves $ 6,655,653 NOTES: Estimate for Planning Purposes, subject to change and rounding differences Population Source: California Department of Finance, Demographic Research Unit as of January 1,2010 Allocation of Reserves FY 2009110 SRTP Funding Allocations Approved 718109 J:12012\01 January\10.A1.TT.RCTC.LTF 2011-2012 Apportionments Mid-Yr Revision.xlsx 12121/20118:02 AM 99 Revenue Projections p...ntaUon to the Commission January 11, 2012 Annual Revenue Projections Measure A Trends _"......-.Il~ /".' .." ~QlI' '-. / .~ ~ "" ..'" Activity by Economic Category ') / / / / / I / I / I / I I / / / I I i I o...w R8IaiI: ......... s-. ilIpIrtrT-.1ta-F~ApfII_.DroogSta., Aoocr.tionPnxloo;bo, F~\lNUI"'''', andM..., Rno.I Fmd~ ~rD,FGDdMloIbb.l..Iqo.a'st_._FoodP_..gEq!.aporenl ~BIJ~"""",_,_e..I<lngM";"'wt.>..... T~AuIoPwmIRIIIpM."WlS.... "NItoo\"..rosu..UoecI,~~_Mllc "IIhoa._ a....-108...._ OIk:eEqulp.• EIIo:tflri:: Eqlllp., But_,s.Nca, E-vrsu.. o-licaI PI"I:II:I...... ~I~try. Ughll_t'l', ,I'd t..."'11 ,.....-. HIIIIIIII&GooM'IITWII,M-......OU'._OooedAceoont~ Soun:e: MuniServicH 1 Activity by Economic Segments Source: MuniServices Historical Sales Tax by Segment Measure A Tax Revenues LTF Sales Tax Revenues MeasureA Revenues ..............................•••.•............................"'......... s· .f .; .f .; .,.' .; .; ~" ~" ~" ~" .~-..=... Local Transportation Fund Rovonuas mor---------------- $10.0 r---------------- 2 Measure A and L TF Taxes Measure A is a half-percent transactions and use tax • Based on place of consumption • Based on point of sale Next Steps TUMF Revenues Trinsportlllion Uniform Mltlglllion Fee Revenues S1ctO I *'r-~------~--~ ~o j----,'---'\:-------­ • ,<10 ;.."'--\:----­ ,,"' t---~:---- 3 AGENDA ITEM 1 0 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 11, 2012 TO: Riverside County Transportation Commission FROM: Theresia Trevino, Chie'f Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2012/13 Revenue Projections STAFF RECOMMENDA TION: This item is for the Commission to: 1) Approve the projections of the Local Transportation Fund (L TF) apportionment for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas; 2) Approve the projections for Measure A; and 3) Approve the projections for Transportation Uniform Mitigation Fee (TUMF) revenues. BACKGROUND INFORMA TlON: Local Transportation Fund The L TF projection consists of revenues generated from a quarter cent of the statewide sales tax. These L TF funds are principally used to fund transit requirements within the county of Riverside (County). The Transportation Development Act (TDA) legislation that created L TF requires the County Auditor Controller to annually estimate the amount of revenues expected to be generated from the sales tax. That estimate then becomes the basis for geographic apportionment and for claimant allocation through the Short Range Transit Plan (SRTP) process, which commences in January 2012 for the next fiscal year. While the County is the taxing authority and maintains custodial responsibility over the L TF revenues, the Commission by statute is charged with administration of the L TF funding process. The practice has therefore been for staff to develop the revenue estimate and then submit it to the County Auditor Controller for concurrence. Once the Commission and the County have agreed on a revenue amount, staff prepares the statutorily required apportionment. Apportionment is the process that assigns revenues to the three major geographic areas, as defined by TDA law, within the County: Western Riverside County, Coachella Valley, and Palo Verde Valley. The revenues are divided based on the respective populations Agenda Item 10 100 for each area. The apportionment occurs after off-the-top allocations for administration to the County and Commission and set asides for Southern California Association of Governments (SCAG) planning (3/4 of 1 percent), local planning activities (3 percent), and bicycle and pedestrian projects (2 percent). Attachment 1 is the FY 2012/13 L TF apportionment based on a revenue estimate of $61 million. The estimate will be submitted to the County for its concurrence. The estimate is based on the revised projection for FY 2011/12 and assumes no change at this time due to continuing economic uncertainty. After the deductions for administration of $712,000 and set-asides of $3,447,510, the amount available for apportionment before reserves is $56,840,490. The balance available for apportionment is as follows: Apportionment Area Amount Western Riverside County $ 45,182,359 Coachella Valley 10,976,592 Palo Verde Valley 681,539 Total $ 56,840,490 In accordance with the Reserve Policy adopted by the Commission on January 12, 2005, a reserve of 10 percent for each apportionment area will be established and set-aside for FY 2012/13, for unforeseen cost increases or other emergency. For the Western Riverside County apportionment area, a portion of the reserve will be allocated to each of the transit operators. For public bus transit operators, the allocation of the reserve is based on each operator's proportionate share of FY 2010/11 LTF operating allocations. Operators may access reserve funds by amending their SRTPs through the established amendment process. Measure A The Measure A projection consists of revenues generated from the local half-cent transactions and use tax approved by the voters in November 2002. These Measure A funds are principally used to fund highway, regional arterial, local streets and roads, new corridors, economic development, bond financing, bus transit, commuter rail, commuter assistance, and specialized transportation projects in the three geographic areas of Riverside County, as defined in the Measure A Expenditure Plan. FY 2012/13 represents the fourth year of the 30-year term of the 2009 Measure A. The Measure A projection for FY 2012/13 is $124 million. The estimate is based on the revised projection for FY 2011/12 and assumes no change at this time due to continuing economic uncertainty. This projection will become the basis for the preparation of the FY 2012/13 budget. The budget process typically commences Agenda Item 10 101 in January of each year following the development of the Measure A revenue projections. Additionally, the amounts for the local streets and roads programs are usually provided to the local jurisdictions for planning purposes. After the deduction for administration of $2.7 million, which is approximately 2.2 percent of Measure A revenues, the amount available for distribution to the three geographic areas is $121.3 million, which is allocated as follows: Geographic Area Amount Western Riverside County $ 92,047,000 Coachella Valley 28,425,000 Palo Verde Valley 828,000 Total $ 121,300,000 Transportation Uniform Mitigation Fee The TUMF projection consists of revenues generated from fees charged to new development to ensure it pays for the new transportation facilities needed to accommodate growth. As a result of a memorandum of understanding executed in 2008 between the Commission and the Western Riverside Council of Governments, the administrator of the TUMF program, the Commission receives 48.7 percent of the TUMF revenues, after an administrative allocation, for the Commission's regional arterial program. The revenue estimate for FY 2012/13 is $4 million. The estimate is based on the projection for FY 2011112, and assumes no change at this time due to the continuing uncertainty in the housing market and local economy. Upon Commission approval, staff will provide this information to the necessary local jurisdictions and transit operators for planning purposes. Staff will continue to monitor FY 2011112 revenues during the development of the FY 2012113 budget to determine if any adjustments to the revenue projections are necessary. Agenda Item 10 102 Financial Information In Fiscal Year Budget: N/A Year: FY 2012/13 Amount: $61,000,000 LTF; $124,000,000 Measure A; $4,000,000 TUMF Source of Funds: ILTF, Measure A, and TUMF GLlProject Accounting No.: $ 61,000,000 2,700,000 27,943,000 10,136,000 5,589,000 1,397,000 1,746,000 582,000 1,370,000 8,219,000 26,572,000 7,397,000 1,096,000 14,213,000 9,948,000 4,264,000 828,000 2,000,000 2,000,000 Fiscal Procedures Approved: "-J.,A;, '--I~ Budget Adjustment: I N/A 601 6240102 001 001 401 401 01 101 1 X 401 0 1 623999401 40101 262 31 40101 613999 401 40101 261 31 40101 654199401 40101 2653340101 269 6240101 2602640101 2702640101 632199401 40101 26341 40101 2667240101 267 71 40101 264 1940101 683999401 40101 26831 40101 563999401 40101 25631 40101 257 71 40101 258 2640101 234 71 40101 72500041641607 2107242110 73500041641607 2107342110 I Date: I 12/19/11 Attachments: 1) Measure A Program Allocation FY 2012/13 2) Riverside County LTF FY 2012/13 Apportionment Agenda Item 10 103 ATTACHMENT 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A PROGRAM AllOCATION (PROJECTION) FV 2012/13 Revenues Less: Administration APPORTIONMENT TO PROGRAMS Westem County Highway Improvements New Corridors Public Transit Commuter Rail Intercity Bus Specialized Transit-Operations Specialized Transit-CTSA Commuter Services Regional Arterial Local Streets & Roads BANNING BEAUMONT CAliMESA CANYON LAKE CORONA EASTVALE HEMET JURUPA VALLEY LAKE ELSINORE MENIFEE MORENO VAllEY MURRIETA NORCO PERRIS RIVERSIDE SAN JACINTO TEMECULA WILDOMAR RIVERSIDE COUNTY RCTC RegIOnal Arterial Bond Financing Economic Development Projects SUBTOTAL-Western County Coachella Valley Highways & Regional Arterials Local Street & Roads CATHEDRAL CITY COACHELLA DESERT HOT SPRINGS INDIAN WElLS INDIO LA QUINTA PAlM DESERT PALM SPRINGS RANCHO MIRAGE RIVERSIDE COUNTY CVAG Specialized & Public Transit SUBTOTAL-Coachella Valley Palo Verde Valley Local Streel & Roads BLYTHE RIVERSIDE COUNTY SUBTOTAL-Palo Verde Valley TOTAL ORIGINAL $ 124,000,000 2,700,000 $ 121,300,000 $ 27,943,000 10,136,000 5,589,000 1,397,000 1,746,000 582,000 1,370,000 8,219,000 26,572,000 7,397,000 1,096,000 92,047,000 14,213,000 9,948,000 1,247,000 $ 121,300,000 1,058,000 471,000 346,000 185,000 Note: Estimate lor Planning Purposes, subject 10 change and rounding dil 104 RIVERSIDE COUNTY LOCAL TRANSPORTATION FUND FY 2012113 APPORTIONMENT Projection Estimated Carryover (Unapportioned) $ Est. Receipts 61,000,000 TOTAL REVENUES 61,000,000 Less: Auditor 12,000 Less: RCTC Administration 700,000 Less: RCTC Planning (3% of revenues) 1,830,000 Less: SCAG Planning (3/4 of 1% of revenues) 457,500 BALANCE 58,000,500 Less: SB 821 (2% of balance) 1,160,010 BALANCE AVAILABLE BEFORE RESERVES 56,840,490 Less: 10% Transit Reserves 5,684,049 BALANCE AVAILABLE FOR APPORTIONMENT 51,156,441 APPORTIONMENT Population FY 2012/13 Population % of Total Apportionment Western: 1,762,906 79.49% ,...$:::....-_4..;.;;0,-,-6:;...:64,""",-1;.::2;;;;.3.., Rail 22% 8,946,107 Transit 78% 31,718,016 Coachella Valley 428,280 19.31% 9,878,933 Palo Verde Valley 26,592 1.20% 613,385 2,217,778 100.00% ",,;$~~5;.;,1!:,1,;;,56;;.,l,=44=1;",. ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12, 2005): Western: Rail $ 994,012 Transit: RTA $ 2,809,999 Banning 130,822 Beaumont 124,635 Corona 190,477 Riverside 268,292 Subtotal Transit $ 3,524,224 3,524,224 Subtotal Western 4,518,236 Coachella Valley 1,097,659 Palo Verde Valley 68,154 Total Reserves $ 5,684,049 NOTES: Estimate for Planning Purposes, subject to change and rounding differences Population Source: California Department of Finance, Demographic Research Unit as of January 1, 2011 Allocation of Reserves: FY 2010/11 SRTP Funding Allocations Approved 7/14/10 ATTACHMENT 2 12/20/20119:45 AM 105 AGENDA ITEM 11 RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: January 11, 2012 TO: Riverside County Transportation Commission FROM: Lisa DaSilva, Capital Projects Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement with Skanska Civil West USA for Construction of the State Route 74/1nterstate 215 Interchange Improvement Project in the City of Perris STAFF RECOMMENDA TION: This item is for the Commission to approve an increase in the contingency for Agreement No. 10-31-030-00 with Skanska USA Civil West (Skanska) for construction of the 74/215 interchange improvement project in the city of Perris (Perris) in the amount of $1 million for a revised total contingency of $2,343,996, and a revised total amount not to exceed $15,783, 000. BACKGROUND INFORMA TION: The 74/215 interchange in Perris is currently under construction by Skanska. The project is ahead of schedule; as of December 7, the project was 64 percent complete with 59 percent of the contract time elapsed. The new bridge has been opened to traffic and already there has been a marked improvement in traffic flow through the interchange. The expected completion date is August 2012. It is one of the last remaining highway projects in the 1989 Measure A Delivery Plan. The project began the preliminary engineering and environmental clearance phase in April 2005 and the detailed design phase in February 2010. The project was advertised for construction bids on February 18, 2010, with bid opening on March 30, 2010. Skanska was the lowest bidder of the ten received and opened bids. At its May 2010 meeting, the Commission awarded Agreement No.1 0-31-030-00 for the construction of the project to Skanska for the amount of $13,439,004 ($8,252,245 below the engineer's estimate) plus a contingency amount of $1,343,996 to cover potential change orders encountered during construction, for a total amount not to exceed $14,783,000. Since that time, staff has approved $1,007,174 in construction change orders, leaving $336,822 in contingency. Between the change orders under development and those anticipated prior to Agenda Item 11 106 construction completion, staff anticipates the need for an additional $1 million in contingency for change orders for a total contingency of $2,343,996, and a revised total amount not to exceed $15,783,000. The primary reasons for the extra cost are differing site conditions (impenetrable rock was discovered under some of the piles for bridge foundations) and the increase in the cost of oil which affects the price of asphalt. Since the time of bidding the cost index of the oil type used on the project has increased by 55 percent. It is proposed to use federal American Recovery and Reinvestment Act (ARRA) funds already programmed and obligated for use on this project, which are left over from bid savings. This means no additional funds need to be programmed for this project. Staff recommends approval to increase the contingency for Agreement No. 10-31-030-00 with Skanska for change orders related to the construction of the 74/215 interchange improvement project in Perris in the amount of $1 million for a total contingency of $2,343,996 and a total amount not to exceed $15,783,000. Financial Information In Fiscal Year Buqget: I Yes I Year: I FY2011/12 N/A FY 2012/13 Amount: I $800,000 $200,000 Source of Funds: I ARRA Budget Adjustment: I No 1003015813010000000002223181301 GLA No.: 0030154144140600002223141401 Fiscal Procedures Approved: I ~~ I Date: I 12/19/11 Attachment: List of Approved and Pending Construction Change Orders Agenda Item 11 107 74/215 Interchange Change Order Summary II Description Cost ~Q,OOOOO ~.. 60,OOO.OQ 10,500.00 ~OOO.OO (10,065.00) Cumulative Cost TIme 50,OO~OO 0 110,OOO.OQ 0 120,500.00 0 137,500.00 0_ 127.435.00 i 0 0 28-Jao-11 0 0 28-Jao-11 366,923.32 0 0 16-Feb-11 376,471.32 0 0 8-Jun-11 392,029.39 0 0 6-0ct-11 407,029.39 : 0 16-Feb-ll --'3=~~":""':""":~c'=:"'::.:.:--:------------.........--+'C---_-_=~=+:_____..::-:890':l80.98 894,195.98 893,879.38 0 55 Concrete Swale at Wilkersoo 108 side walk "long Redlands $ 70,000.00 Trash breaks at the drainage inl"tsl~r!!"rt:h~c:e::..:n-=3c=2_"______+-,,$____",3.:cO,c:O:cQO:::.c:c00~__~ Total of Pending Change O,de,s $ __________N:.:ew=-"co".ntingenty'j ..$~__ .................:A4<5.71"',!"~<~·~...+_____ ._+_-+_~~........_______-I ___t-__............____..-:.P..::e::..:n-=di~!!S~~l1g"Orders + New Contingency $ 1,336,821.88 ---t-...................................----......................................................._----=O-.:''''ig'''in'''":.:I.:C:::o:.:.nt::.'.:.ac::.:t+-_______-+-''$__ }3,~3~P2~:()2..+__-+__.. + .............................-i+ ___.._J Approved CCOs &CQAs to date $ 1,007,174.12 __ ........ +........................ _______.:to".t~a:::lc::.:o:.:.n:.:tr:.:a:.:c:::ti:.:te::.:m~s~+~a~p~p':.:0:.:v:::ed~cc::.:o~s+-________4.:$~~14~,~44~6,178:.:..1-.:2~__~_-+ ___+-_______________:.:p.:e:.:.n~di~n!;g.:C.:C'::'O"'s~to~da~t=e+-________4-"$~..............~78,859.43 New Contingency $ 457,962.45 Pending CCOs and new Contingency total $ 1,336,821.88 Remainlng contingency ...... ~... 33682188 -------_. - ­.. ::.c.-~,,=:.:.2.f--.---.~ -­-In;;>_M4 ' .... :••. L_...._ Additional contingency needed fo, Construction Capital (ARRA funded) ""',,lin' 1,-, .­ I I I I I I I I • -+-......;.-----------------+-------+----......;---+---+l--~............~ I I I .: ........j ......... I----+------------------+-----~-----+_--I-_+---l+_II-............~ 109 AGENDA ITEM 12 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 11, 2012 TO: Riverside County Transportation Commission FROM: Aaron Hake, Government Relations Manager THROUGH: Anne Mayer, Executive Director SUBJECT: 2012 State and Federal Legislative Platforms STAFF RECOMMENDA TION: This item is for the Commission to adopt the 2012 State and Federal Legislative Platforms. BA CKGROUND INFORMA TION: At the beginning of a new session of the Legislature and Congress, the Commission adopts legislative platforms that outline the policy priorities and lobbying initiatives that the Commission will undertake. The platforms allow staff, Commissioners, and contract lobbyists to take positions on proposed legislation, regulations, and other actions of the state and federal government. The platforms are intended to be somewhat broad since it is not always possible to anticipate every legislative issue that will arise. These documents will provide a general roadmap. This year's proposed legislative platforms follow closely with what the Commission adopted in 2011. Several items have been added or adjusted to reflect policy issues that have arisen in the last year and anticipated to be on the horizon for 2012. Staff recommends the 2012 State and Federal Legislative Platforms read as follows: State Legislative Program In general, the Commission will take positions on legislation, policy proposals, administrative actions, or any other act of state government according to the following policy positions: Agenda Item 12 110 I. Ensuring Riverside County is represented. • Ensure that funding formulas for state and federal pass-through money is distributed equitably to Riverside County, with an emphasis on regional control of how such funds are spent. • Ensure that any legislation that modifies existing regional governance structures or creates new entities responsible for transportation affecting Riverside County includes the Commission as a full voting member with voting weight proportional to the Commission's rights and interests. II. Preserving current legislative authority for the Commission. • Act to protect the Commission's current authority to implement express toll lanes on Interstate 15 and State Route 91 and to use best value design-build for the SR-91 Corridor Improvement Project (SR-91 CIP). • Protect SB X2 4 (Cogdill) Public-Private Partnership and Design-Build pilot programs. • Oppose any state action that creates additional hurdles or risks to delivering the 1-15 or SR-91 CIPs. III. Enhancements of transportation project delivery. • Support efforts to expand the use of design-build, public-private partnerships, and other financing and delivery mechanisms that increase investment in transportation, accelerate projects, and provide innovation and flexibility. • Support any state action to streamline project approvals that result in time and cost savings. IV. Accountability and commitment to California voters. • Support efforts to increase transparency and accountability in the administration of all state funding. • Ensure allocation of Proposition 1 B based on objective criteria focused on congestion relief, benefits to the public, and readiness for delivery. Agenda Item 12 111 • At minimum, maintain funding levels to be generated by the 2010 fuel tax swap and honor the will of the voters in the passage of Proposition 22. • Urge the Legislature and Governor to maintain an honest, on-time, and balanced budget to ensure transportation projects are delivered without delay or costly stoppages. V. Reduce congestion and harmful emissions by supporting funding for alternate transportation modes and air quality programs. • Ensure a fair share of funding for Riverside County for all rail programs; • Support incentives to employers that enhance or create transit reimbursement or ridesharing programs. • Support incentives for taxpayers who utilize alternative fuels. • Oppose efforts to impose additional alternative commute program mandates on employers or interfere with the Commission's ability to successfully implement its commuter assistance program. VI. Support the California economy and the Inland Empire's quality of life through increased funding for goods movement projects. • Support permanent increases in state funding levels available for grade separations and goods movement mitigation projects. • Partner with regional transportation agencies to achieve common objectives. VII. Support policies that recognize and reward local governments for committing local dollars to transportation projects. VIII. Focus on wise investments in rail. • Commuter and intercity rail safety I including positive train control, should be a funding priority for the state. • Support Coachella Valley Rail service as part of the California State Rail Plan and encourage the state to make steps towards implementing such service. Agenda Item 12 112 • High-speed rail funding should allow for connectivity improvements that enhance the existing system's ability to interface with new high-speed rail routes. • Ensure that the Commission's rights and interests in passenger rail in Southern California are properly respected in state plans and policies. • Oppose any legislation that reforms Los Angeles-San Diego-San Luis Obispo (LOSSAI'J) Rail Corridor Agency operations and/or governance that does not include the Commission as a full voting member of the LOSSAN joint powers authority and recognition of rail service in Riverside County that is impacted by LOSSAN and/or the Commission's legal rights related to passenger rail in Southern California. IX. Support policies that increase utilization of Ontario International Airport. X. Protect regional governments from bearing state responsibilities. • Oppose any effort that opens the possibility of regional governments becoming responsible for funding traditional obligations of the state. • Oppose legislation that places additional onus on regional governing bodies or local voters to decide on fees or taxes to pay for projects and plans required to meet state-mandated targets, goals, or policy objectives. • Ensure maximum flexibility and discretion of regional governments to craft revenue measures according to regional needs and preferences. Federal Legislative Program The Commission will focus on the following key areas in Washington. • Achieve victory on Commission policy priorities in the surface transportation reauthorization bill. • Receive a Transportation Infrastructure Finance and Innovation Act (TIFIA) loan from the U.S. Department of Transportation (U.S. DOT) for the SR-91 CIP. • Execute a project construction grant agreement (PCGA) with the Federal Transit Administration (FTA) on the Perris Valley Line Metrolink extension. Agenda Item 1 2 113 In general, the Commission will support the following federal policies. I. Protect and enhance current funding levels for transportation programs. Riverside County and California should be treated fairly. • At minimum, maintain current transportation funding levels. • Maintain the "trust" in the Highway Trust Fund. Congress should not erode the integrity of the firewall between the Highway Trust Fund and the General Fund. • As a self-help county, ensure a fair share for Riverside County of any federal funding made available for transportation programs and projects. • Ensure a fair share and equitable rate of return for the state of California of federal transportation funding. Every effort must be made to raise the current percentage of return in federal tax revenues that are generated in the state. • The Commission will work with Committees, Members of Congress, and the Administration on funding formulas that benefit Riverside County and the state of California. • California and the western states should receive a fair share of rail funding resources as compared to the older east coast rail systems. • Oppose efforts by non-elected, regulatory bodies to dilute, reduce, or withhold transportation funds. II. Provide long-term funding and policy stability. • For the sake of economic recovery, job creation, traffic relief, and environmental stewardship, Congress and the President should pass a new multi-year surface transportation authorization bill as quickly as possible. • Congress must provide predictability and stability of funding and policy; short-term extensions obstruct good planning and delay job creation. III. The federal government should act swiftly to provide financing mechanisms that reward local transportation investment. Agenda Item 12 114 • While creation of a new infrastructure bank may be a promising idea, priority should be given to expanding funding for current lending programs that have proven successful such as TIFIA. This will save time and complications related to creating new bureaucracies while economic and traffic relief is needed immediately. • The TIFIA program should be significantly expanded and the maximum loan amount should be lifted from 33 percent to at least 50 percent of a project's cost. • The U.S. DOT should approve TIFIA projects that represent all modes of transportation, including highways, giving priority to projects that are backed by voter-approved funding mechanisms and are sponsored by agencies with high credit ratings. • The federal government should remove barriers to delivering and financing projects funded by voter-approved local sales tax measures such as Measure A or other self-help mechanisms such as Transportation Uniform Mitigation Fee (TUMF). • Congress should create a low-interest loan program to support habitat conservation plans that mitigate the impacts of transportation infrastructure. Such plans will help reward and incentivize local commitments to proactively meet federal and state environmental protection goals while streamlining approvals for important transportation projects. IV. Federal policy should be a balance among highways, transit, and freight modes and urban, rural, and suburban areas. • Policies towards livability and sustainability must address the unique characteristics and practical realities of rural, suburban, and growing regions. • One mode of transportation must not be funded at the expense of another; there must be a balance of policy between highways, transit, freight, and intercity rail. Every area of the nation must be treated according to its unique needs and characteristics. There is no one-size-fits-all policy. • Discretionary programs should fund a balance of types of projects. • Congress must provide additional funding and policy flexibility for public transportation, mobility improvements, and other transportation services that will achieve greenhouse gas emission reduction goals. Agenda Item 12 115 • Congress should approve specialized funding for goods movement projects of international and national significance that are beyond the funding ability or responsibility of local and state agencies. • Congress should approve tax benefits and/or incentives for transportation demand management programs and alternative fuel programs to promote the use of alternate modes of transportation. • Congress should approve increased federal funding for Alameda Corridor East improvements with a special emphasis on ensuring funding for Riverside County highway/rail grade separations. V. Protect and enhance flexibility in use of transportation revenue. • In general regional agencies with responsibility for implementing transportation projects should be given maximum deference to fund projects that have been approved by voters and reflect local and regional priorities. • The Commission supports, in general, legislation that ensures coordination of transportation and social service agency funding (i.e. Departments of Aging, Rehabilitation, and Welfare). • The Commission supports, in general, legislative or administrative policies that promote a regional approach to airport development in Southern California, as well as funding flexibility for ground access to major airports. VI. Provide transparency, reduce or eliminate costly and duplicative administrative and regulatory requirements. • Administrative or legislative action to ensure consistency among the federal and the state's congestion management program requirements. • Allow tolling projects with existing federal agreements to proceed without additional oversight or bureaucracy. In general, for tolling projects funded and managed locally, federal rules should defer to regional and state authority. • Simultaneous review of reports and studies should become standard practice. • Congress should make permanent the pilot program that allows the State to accept jurisdiction of federal courts for the purposes of approving National Environmental Policy Act (NEPA) documents and Agenda Item 1 2 116 providing a closer relationship between the approval of California Environmental Quality Act and NEPA documents. • Federal law should allow for state environmental laws to substitute for federal environmental laws where the state's laws are similar or more stringent than federal laws. • Support reforms that result in cost savings to environmental clearance processes for transportation construction projects. • Streamlining of federal reporting/monitoring requirements should be more efficient, data collected should be meaningful and avoid unnecessary and/or duplicative requirements. • U.S. DOT should be transparent in sharing written evaluations of applications for discretionary funding. • Congress should make legislative reforms that encourage a culture shift in the federal bureaucracy away from hyper-sensitivity to risk. VII. Focus on wise investments in rail. • Commuter and intercity rail safety, including positive train control, should be a funding priority for U.S. DOT. • High-speed rail funding should allow for connectivity improvements that enhance the existing system's ability to interface with new high-speed rail routes. • Support funding for Amtrak that enables productive intercity rail service through the Coachella Valley. VIII. Work together with local, regional, statewide, and national partners. • Support the efforts of transportation advocacy groups such as: Mobility 21, Self-Help Counties Coalition, Coalition for Americas Gateways and Trade Corridors, American Public Transportation Association, California Transit Association. • Coordinate with cities, the County, and transit agencies on advocacy strategies and project funding requests of common concern. Agenda Item 1 2 117 -::cl:' I,' \ ~,..- 1/10/2012 2012 Federal and State Legislative Platforms Riverside County Transportation Commission January 11, 2012 WASHINGTON, D.C. Election Year Payroll Tax Cuts Surface Transportation Authorization FAA Energy (domestic drilling, Keystone XL) SACRAMENTO Budget, budget, budget High-Speed Rail Water • Bond funding for projects • Protect design-build and P3 authority • New revenue authority: local/regional/state • LOSSAN and High-Speed Rail • CEQA acceleration for transit projects I. Ensuring Riverside County is represented II. Preserving current legislative authority for RCTC III. Project Delivery Enhancements IV. Accountability and commitment to CA voters V. Support alternate transportation modes VI. Goods Movement VII. Reward self-help counties VlIl.Wise investments in rail IX. Ontario Airport X. Protect local gov't from bearing state responsibilities 1 1/10/2012 Continue GF shift of truck weight fees to pay debt service on transportation bonds No High-Speed Rail capital outlays -yet... State Transit Assistance (STA) = $420 million (estimate) Prop 1B bond appropriations = Good! Reorganization of Business Transportation and Housing Agency ~ ''Transportation Agency" _up'l,I@ ijij1itiMm ere Dept. of Motor Vehicles Board of Pilot Commlsslonen I. Maintain funding levels, treat Riverside County fairly II. Long-term funding and policy stability III. Reward self-help counties IV. Balance all modes, urban/suburban/rural V. Flexibility in using transportation $$$ VI. Project Delivery efficiency ("Breaking Down Barriers") VII. Wise investments in rail VII I. Work with local, regional, statewide, national partners • MAP-21 (Reauthorization) - 2 years, 6 years? Just another extension? -Funding levels? -Evolution or Revolution? • Breaking Down Barriers • Donor/Donee, Urban/Rural, Highways/Transit • Goods movement • FY 2011/12 TIFIA program -SR-91 CIP • Perris Valley Line -PCGA • High-Speed Rail: brakes or full-speed ahead? 2