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01 January 9, 2013 Commission• • • TIME/DATE: LOCATION: Riverside County Transportation Commission MEETING AGENDA 9:30a.m. I Wednesday, January 9, 2013 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside ~ COMMISSIONERS _. Chair -Karen Spiegel First Vice Chair -Marion Ashley Second Vice Chair -Daryl Busch Kevin Jeffries, 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 I To Be Appointed, 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 To Be Appointed, City of Canyon Lake Greg Pettis I Kathleen DeRosa, City of Cathedral City Steven Hernandez I Eduardo Garcia, City of Coachella Karen Spiegel I Eugene Montanez, City of Corona Scott Matas I Yvonne Parks, City of Desert Hot Springs Adam Rush I Ike 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 To Be Appointed, City of Lake Elsinore Scott Mann 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 To Be Appointed, City of Palm Desert Ginny Foat I Steve Pougnet, City of Palm Springs Daryl Busch I AI Landers, City of Perris Ted Weill I Scott Hines, City of Rancho Mirage Steve Adams I Andy Melendrez, City of Riverside Andrew Kotyuk I Scott Miller, City of San Jacinto Ron Roberts I Jeff Comerchero, City of Temecula Ben Benoit I Timothy Walker, City of Wildomar Basem Muallem, Governor's Appointee RECORDS 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 Board. Tara Byerly From: Sent: To: Cc: Subject: Attachments: Importance: Tara Byerly Wednesday, January 02, 2013 11:22 AM Tara Byerly Jennifer Harmon RCTC January Commission Agenda Conflict of Interest Form. pdf; Conflict of Interest Memo. pdf High Good Morning Commissioners: The January Commission Agenda for the meeting scheduled for Wednesday, January 9 @ 9:30a.m. is available. Please copy this link: http://www.rctc.org/uploads/media items/january-9-2013.original.pdf In addition for your review is the attached conflict of interest memo and the form. Please let me know if you have any questions. Thank you. Respectfully, Tara 8. Byerly Senior Administrative Assistant 4080 Lernon Street, 3rd Floor Riverside, CA 92501 (951) 787-'1141 1 Riverside County Transportation Commission TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager DATE: January 2, 2013 SUBJECT: Possible Conflicts of Interest -Riverside County Transportation Commission Agenda of January 9, 2 013 The January 9, 2013 agenda of the Riverside County Transportation Commission includes items that may raise possible conflicts of interest. A Commissioner 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. 7 A -List of Pre-Qualified Firms and Agreements for On-Call Right of Way Environmental Services Consultant( s): Kleinfelder West, Inc. 8 Pasteur, Suite 190 Irvine, CA 92646 Endi Zhai, Principal Leighton Consulting, Inc. 41715 Enterprise Circle N., Ste. 103 Temecula, CA 92590 Kris R. Lutton, Senior Vice President Ninyo & Moore 475 Goddard, Suite 200 Irvine, CA 92618 David L. Richter, Principal Environmental Scientist Tetra Tech, Inc. 348 W. Hospitality Lane, Ste. 100 San Bernardino, CA 92408-3214 Thomas J. Villeneuve, Vice President • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30a.m. Wednesday, January 9, 2013 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 COMMENTS -Each individual speaker is limited to speak three (3) continuous minutes or less. The Commission may, either at the direction of the Chair or by majority vote of the Commission, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Also, the Commission may terminate public comments if such comments become repetitious. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Under the Brown Act, the 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. 5. Riverside County Transportation Commission Agenda January 9, 2013 Page 2 APPROVAL OF MINUTES -DECEMBER 12, 2012 6. 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. 7. 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. 7 A. LIST OF PRE-QUALIFIED FIRMS AND AGREEMENTS FOR ON-CALL RIGHT OF WAY ENVIRONMENTAL SERVICES Page 1 Overview This item is for the Commission to: • 1) Award the following agreements to provide on-call right of way • environmental services for a two-year term with one option year, in an amount not to exceed an aggregate value of $300,000; a) Agreement No. 13-31-037-00 with Ninyo & Moore Geotechnical Consultants (Ninyo & Moore); b) Agreement No. 13-31-068-00 with Leighton Consulting, Inc. (Leighton); c) Agreement No. 13-31-069-00 with Kleinfelder West, Inc. (Kieinfelder); and d) Agreement No. 13-31-070-00 with Tetra Tech, Inc. (Tetra Tech); 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 or Executive Director, pursuant to legal counsel review, to execute the agreements, including option years, on behalf of the Commission. .. • • • • Riverside County Transportation Commission Agenda January 9, 2013 Page 3 78. LOS ANGELES -SAN DIEGO -SAN LUIS OBISPO RAIL CORRIDOR AGENCY UPDATE AND REVISED JOINT EXERCISE OF POWERS AGREEMENT Page45 Overview This item is for the Commission to: 1) Receive an update on Senate Bill 1 225 legislation and implementation effort; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the 2013 Amended Joint Exercise of Powers Agreement that allows the Commission to be included as voting member in the Los Angeles - San Diego ·-San Luis Obispo (LOSSAN) Rail Corridor Agency. 7C. RIVERSIDE TRANSIT AGENCY'S FISCAL YEAR 2012/13 SHORT RANGE TRANSIT PLAN AMENDMENTS Page 70 Overview This item is for the Commission to: 1) Approve modifications to Riverside Transit Agency's (RT A) FY 2012/13 Short Range Transit Plan (SRTP) and capital budget to: a) Redirect $4,560,975 of residual Transportation Uniform Mitigation Fee (TUMF) from the Riverside Transit Center to the Twin Cities Transit Center project; b) Redirect $1,329,592 of residual TUMF from the Corona Transit Center to the Twin Cities Transit Center project; c) Redirect $2,501,000 in previously programmed Federal Transit Administration (FT A) Section 5309 earmark funding from the Riverside Transit Center to the Alternative Transit d) e) f) g) Center project; Redirect $215,242 of previously programmed FTA Section 5307 TE funding from the Riverside Transit Center to the Alternative Transit Center project; Program $585,084 of Local Transportation Funds (L TF) as local match to the Alternative Transit Center project federal funding; Redirect $54,000 of residual previously programmed State Transit Assistance (ST A) funding from the Riverside Transit Center to the Alternative Transit Center project; Redirect $2,736 in efficient energy grant funds from the Corona Transit Center to the Alternative Transit Center Project; .. Riverside County Transportation Commission Agenda January 9, 2013 Page 4 7D. h) Program $2.4 million of FTA Section 5308 Clean Fuels Grant • Funds toward the purchase of 40-foot compressed natural gas {CNG) heavy duty buses; i) Redirect $2.4 million in L TF from the purchase of the 40-foot heavy duty buses toward the Twin Cities Transit Center Project; j) Program $9,022,707 of Proposition 1 B Public Transportation Modernization, Improvement, and Service Enhancement Account {PTMISEA) funds toward the purchase of· 40-foot heavy duty buses; k) Program $1,490,132 million of Proposition 1 B California Transit Security Grant Program-California Transit Assistance Fund {CTSGP-CT AF) funds for security improvements at various RT A facilities; and 2) Direct staff to work with the Southern California Association of Governments {SCAG) to execute an amendment to the Federal Transportation Improvement Plan {FTIP) to incorporate the changes for each transit center and the bus purchase. FISCAL YEAR 2009/10 APPROPRIATIONS -ALAMEDA CORRIDOR EAST -RIVERSIDE AVENUE GRADE SEPARATION PROJECT Page 79 Overview This item is for the Commission to reallocate $674,500 in federal funds to the city of Riverside {Riverside) in support of the Riverside Avenue grade separation project. • 8. FISCAL YEAR 2012/13 MID-YEAR REVENUE PROJECTIONS Page 80 Overview This item is for the Commission to: 1) 2) 3) 4) Approve the mid-year revenue projections for FY 2012/13; Approve the budget increase adjustments to Measure A revenues of $9 million and expenditures of $3,827,000, to reflect the revised Measure A projections; Approve the budget increase adjustments to Local Transportation Fund {L TF) revenues and transfers in of $5,051 ,400, and expenditures and transfers out of $676,700 to reflect the revised L TF projections; and Approve the budget increase adjustments to Transportation Uniform Mitigation Fee {TUMF) revenues of $2.3 million to reflect the revised TUMF • projections. • • • 9. Riverside County Transportation Commission Agenda January 9, 2013 Page 5 FISCAL YEAR 2013/14 REVENUE PROJECTIONS Overview This item is for the Commission to: Page85 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. 10. COUNTY OF RIVERSIDE REQUEST FOR MEASURE A REGIONAL ARTERIAL FUNDS FOR STATE ROUTE 79 PHASE 2 WIDENING PROJECT Page 91 Overview This item is for the Commission to: 1) 2) 3) Approve programming $3 million of 2009 Measure A Regional Arterial (MARA) Western County funds for the State Route 79 Phase 2 widening project from Thompson Road to Scott Road; Approve Agreement No. 13-72-076-00 with the county of Riverside to reflect $3 million of MARA funding participation for the construction phase of the SR-79 Phase 2 widening project; and Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 12. COMMISSIONERS I EXECUTIVE DIRECTOR REPORT 13. Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. ADJOURNMENT The next Commission meeting and is scheduled to be held at 9:30 a.m., Wednesday, February 13, 2013, Board Chambers, First Floor, County Administrative Center, 4080 lemon Street, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN-IN SHEET JANUARY 9, 2013 NAME AGENCY E MAIL ADDRESS .t:}~yt/1 h:,. 5h 4~/e. (~ d? fJa 1tS' fly A--AJ u 1 'vJ a n n . .l-bh /) 6)U.. ' . / l"l. 6 Jv 4,.~ r /h~ I A ... -:z::::-, c.... ~ l -f'_L ., ~/ o~fAA~ LM.~_ ... _.. _.) v (J ~ _/ II...Jt tat& AI6S @~,.;, .~ Bo lH..r-t1J /.Jmv ;;A-fiJU~Z Co I vrn~~ .:ItJ hr._,~ :T~~ vctt&v fkfr-~~doCY v / W£ ~/}J /1-A {( (.~ 7/L .. Al~J~ /'1 U !l fL Jefje- i-l , 6' A-£.; ~SA-k L ~A 2 A t.1 6,., I L.. -~ oa ~.L--rx._ __ rl'~{~{ -z;;· fSch (j 1/V I u ~ell u~-'G/f"4Vye._. ~) 'Q -~· ?:~. Jti.. . "J.-r;;../ "''' / _Q-JC,.,$·- <r-.. d~,~~ tvfWrtiC~ ~~ /-4tvt>---A. -S"o~ eov~ l'1lA It I 0 f\1._ A-~S H<-~'f n I £TA\. \. ~ -R.t'V co i.:_.J-A~A,/ril £G~ ' (?~ /~.v >--~~/~ fosr-? /Ovt::O .---·-.~ -_\ · ~-~_:::. f&\1Ar;:.l _pfl,:Jr')" ~s·r ;L-~ucn ~-(fer AMJfd( 1.;> I ,if .. -z ~ffu!:- ~ /4~ . .L _L_ ~ ;t hZ;:;'.~ ~~ Ln -~ ;/ o ~--r .0 v-13~ )J.o 1 r o,/eo LJ c / )t-,'("' /{d--C<" CDJ·--ft.., ( d--e.., ~r:t-.11!~ w;_ ... L,g M--/~(~ (: LetJJ..J fV\' \\er r-:--. • ·.lN-i> \\J pe,._,~,-.\ .::...,t 'H-o..Yl ,s: 'tl,.--... ~ A.~-IAY'1 w ~ \\./ Q,_~ -~/Uw->1'\c-} .. J!t~ "(4tlf~ ~ t'ot~~t.ekl'fe. / ...... ~1\J L)AQN IV 'PAJ M DE~ F'R T ~op-h7A7M ~<:,rz:vv-r 4'/ :>'"LXJ/1/V~ --~~-( C~ \ 0~ _QJ .. r o-3;;M1-Jf. li1ANv (/ fllfr;f/j~ E.€ "-"' ~ ~ I RIVERSIDE COUNTY TRANSPO.RTATION COMMISSION ROLL CALL JANUARY 9, 2013 County of Riverside, District I County of Riverside, District II County of Riverside, District Ill 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 Cathedral City 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 LJ LJ LJ LJ LJ LJ LJ LJ LJ LJ LJ LJ LJ LJ LJ ; LJ LJ LJ LJ LJ LJ LJ LJ LJ LJ ~ LJ LJ LJ LJ , LJ LJ • • • AGENDA ITEM 5 MINUTES • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES Wednesday, December 12, 2012 1 . CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair John J. Benoit at 9:38 a.m. in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Chair Benoit led the Commission in a flag salute. 3. ROLL CALL Commissioners/ Alternates Present Steve Adams Marion Ashley Roger Berg Ben Benoit John J. Benoit Bob Botts David Bricker Daryl Busch Bob Buster Marcelo Co Mary Craton Joseph DeConinck Ginny Foat Rick Gibbs Berwin Hanna 4. PUBLIC COMMENTS Douglas Hanson Jan Harnik Terry Henderson Steven Hernandez Frank Johnston Andrew Kotyuk Bob Magee Glenn Miller Yvonne Parks Greg Pettis Ron Roberts Adam Rush Karen Spiegel Jeff Stone Ella Zanowic Commissioners Absent Larry Smith John F. Tavaglione City of Menifee City of Rancho Mirage Chair Benoit presented Commissioners Bob Buster and Darcy Kuenzi with plaques to commemorate their tenure as Commissioners . Riverside County Transportation Commission Minutes December 12, 2012 Page 2 Anne Mayer, Executive Director, presented Eliza Echevarria, Community Relations Manager, with a 5-year service award and John Standiford, Deputy Executive Director, with a 1 0-year service award. R.A. Barney Barnett, Highgrove Municipal Advisory Council Representative, expressed strong concern for the opposition by the Commission of a proposed Metrolink station in Highgrove. He suggested selling the Marlborough property, and building a parking lot and road through the Commission-owned Highgrove property. He provided a handout to the Clerk of the Board dated December 12, 2012, which was emailed to all Commissioners. 5. APPROVAL OF MINUTES-NOVEMBER 14, 2012 M/S/C (Hanson/Zanowic) to approve the minutes as submitted. Abstain: Harnik and Park 6. ADDITIONS I REVISIONS Anne Mayer stated Agenda Item 9, "Agreement with Powell Constructors Inc. for the Construction of Interstate 215 Widening Project from Blaine Street to Martin Luther King Boulevard, in the City of Perris", is being removed from the agenda because the Commission received a protest on December 1 0 from the second lowest bidder for the project and staff requires time to evaluate the merits of this protest. 7. CONSENT CALENDAR Commissioner Adam Rush requested Agenda Item 7F, "Quarterly Sales Tax Analysis", be pulled for further discussion. M/S/C (Stone/Henderson) to approve the Consent Calendar items. Abstain: Ashley, Agenda Item 71 7A. PROPOSED 2013 COMMISSION/COMMITTEE MEETING CALENDAR Adopt its 2013 Commission/Committee Meeting Calendar. • • • • • • Riverside County Transportation Commission Minutes December 12, 2012 Page 3 7B. FISCAL YEAR 2011/12 COMMISSION AUDIT RESULTS Receive and file the FY 2011/12: 1) Comprehensive Annual Financial Report (CAFR); 2) Local Transportation Fund (L TF) Financial and Compliance Report; 3) State Transit Assistance (STA) Fund Financial and Compliance Report; 4) Proposition 1 B Rehabilitation and Security Project Accounts Financial and Compliance Report; 5) Compliance Report for Single Audit; 6) Commercial Paper Compliance Report; 7) Auditor Required Communications Report; 8) Agreed-Upon Procedures Report related to the Appropriations Limit Calculation; 9) Agreed-Upon Procedures Report related to the Commuter Assistance Program incentives; and 1 0) Management certifications . 7C. FEDERAL TRANSIT ADMINISTRATION TRIENNIAL REVIEW Receive and file a report on the Federal Transit Administration's (FTA) FY 2011/12 Triennial Review of the Commission. 7D. REVISIONS TO PROCUREMENT POLICY MANUAL 1) Approve the revised Riverside County Transportation Commission Procurement Policy Manual for the procurement and contracting activities· undertaken by the Commission, pursuant to legal counsel review, as to conformance to state and federal law; and 2) Adopt Resolution No. 12-031, "Resolution of the Riverside County Transportation Commission Regarding the Revised Procurement Policy Manual". 7E. QUARTERLY FINANCIAL STATEMENTS Receive and file the Quarterly Financial Statements for the period ending September 30, 2012 . Riverside County Transportation Commission Minutes December 12, 2012 Page 4 7G. QUARTERLY INVESTMENT REPORT Receive and file the Quarterly Investment Report for the quarter ended September 30, 2012. 7H. REVISED STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT RELOCATION PLAN Adopt the State Route 91 Corridor Improvement Project Relocation Plan (Relocation Plan). 71. INTERSTATE 215 CENTRAL WIDENING PROJECT FROM SCOTT ROAD TO NUEVO ROAD -CONSTRUCTION AND MAINTENANCE AGREEMENT 1) 2) Approve Agreement No. 12-31-082-00 between the Commission, Caltrans, and Burlington Northern Santa Fe Railway Company (BNSF) for work associated with construction and maintenance of the Ethanac Road overhead bridge related to the Interstate 21 5 Central widening project; and Authorize the Chair or the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8. AGREEMENT WITH CH2M HILL FQR THE PREPARATION OF A PROJECT REPORT AND ENVIRONMENTAL DOCUMENT FOR THE STATE ROUTE 79 REALIGNMENT PROJECT At this time, Commissioner Jeff Stone recused himself. Cathy Bechtel, Project Development Director, provided a detailed overview of scope of the amendment to perform additional environmental analysis and design support for the State Route 79 realignment project. Anne Mayer expressed appreciation to David Bricker, Caltrans District 8, and Caltrans staff for their assistance in circulating the environmental documents for the SR-79 and Mid County Parkway projects for public review. • • • • • • Riverside County Transportation Commission Minutes December 12, 2012 Page 5 M/S/C (Henderson/Adams) to: 1) Approve Agreement No. 02-31-043-07, Amendment No. 7 to Agreement No. 02-31-043, with CH2M Hill to perform additional environmental analysis and design support for the completion of the circulation of the draft environmental impact report/draft environmental impact statement (EIR/EIS) and project report for the State Route 79 realignment project for a total amount not to exceed $1 ,480,000; 2) 3) 4) 5) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; Authorize the Executive Director, pursuant to legal counsel review, to execute non-funding agreements for the environmental clearance and design of the project; Approve budget adjustments of $1,480,000 to increase preliminary expenditures and interfund transfers between 2009 Measure A Western County highway funds and Transportation Uniform Mitigation Fee (TUMF) funds; and Request staff to bring back for Commission action a final scope of work and cost once the public circulation period is completed in order to finalize the remaining tasks of the project through the final EIR/EIS and record of decision (ROD). At this time, Commissioner Stone rejoined the meeting. 10. SUNSET AVENUE GRADE SEPARATION PROJECTS Tanya Love, Goods Movement Manager, presented an update on the Sunset Avenue grade separation project and other Trade Corridor Improvement Fund (TCIF) projects, highlighting the following areas: • Sunset Avenue ranked as the city of Banning's No. 1 priority project; • A rendering of the Sunset Avenue grade separation and a visual simulation sidewalk/mural; • Sunset Avenue project status and funding request; and • TCIF project update and summary. Commissioner Bob Botts stated this project has been a 20-year effort and expressed appreciation to the Commissioners, staff, and the county. He then recognized Mr. Duane Burk, Public Works Director for the city of Banning, who worked on this important project. Commissioners Marion Ashley, Stone, and Chair Benoit expressed support for the Sunset Avenue grade separation project. Riverside County Transportation Commission Minutes December 12, 2012 Page 6 M/S/C (Spiegel/Stone) to allocate $10 million in federal Congestion Mitigation Air Quality (CMAQ) funds to the city of Banning (Banning) in support of the Sunset Avenue grade separation project. 11. ELECTION OF RIVERSIDE COUNTY TRANSPORTATION COMMISSION OFFICERS AND APPOINTMENT OF EXECUTIVE COMMITTEE MEMBERS Jennifer Harmon~ Clerk of the Board, provided an overview of the election process for the Commission's Chair, Vice Chair, and Second Vice Chair for 2013. In addition, she explained the process for the selection of representatives to the Executive Committee. She then announced a 1 0-minute caucus to allow the city groups to determine their representatives. After the caucus, Chair Benoit reconvened the meeting and opened nominations for the slate of officers. Chair Benoit seconded by Commissioner Rick Gibbs nominated Commissioner Karen Spiegel for the Chair position and Commissioner Marion Ashley for the Vice Chair position. No other nominations were received. Chair Benoit closed the nominations for the Chair and Vice Chair positions. Steve DeBaun, legal counsel, clarified the nominees should not vote in the election. Karen Spiegel was elected as the Commission's Chair for 2013, and Marion Ashley was elected as the Commission's Vice Chair for 2013. Commissioner Stone, seconded by Commissioner Gibbs, nominated Commissioner Daryl Busch for the Second Vice Chair position. Commissioner Yvonne Parks, seconded by Commissioner Jan Harnik, nominated Commissioner Scott Matas for the Second Vice Chair position. Commissioners Ginny Foat, Douglas Hanson, and Steven Hernandez spoke in support of electing Commissioner Matas as the Second Vice Chair position and the importance of an eastern county representative. Commissioner Stone expressed this is not an east to west divisive issue. He believes the Commission's officer positions are largely ceremonial positions as it is an honor to be the chair of the Commission. The Commission is here to promote transportation countywide. While he believes Commissioner Matas would be capable, the Commission needs to look at Commissioners who garner confidence in the areas in which they have governed as· • • • • • • Riverside County Transportation Commission Minutes December 12, 2012 Page 7 Commissioner Busch has. He supported honoring Commissioner Busch to serve as Second Vice Chair. Commissioners Roger Berg and Mary Craton spoke in support of electing Commissioner Busch for the Second Vice Chair position. Commissioner Glenn Miller discussed Commissioner Matas' involvement in the Coachella Valley and stated he believes Commissioner Matas will bring clarity to the eastern county. He expressed support for the nomination of Commissioner Matas for the Second Vice Chair position. Commissioner Terry Henderson expressed appreciation to Commissioner Busch for his experience, however, she supports Commissioner Matas for his membership, consistency, and serving as chair on the Eastern Riverside County Program and Projects Committee. She disagreed with Commissioner Stone's comment that this position is only ceremonial as it is a commitment to represent the Commission including attendance at meetings, travel to Sacramento and Washington, D.C. during the year to advance the Commission's projects and goals, and ground breaking and ribbon cutting events across the county . Commissioner Foat expressed concern on behalf of her colleagues as it may have been interpreted that the eastern county Commissioners may be speaking against Commissioner Busch. She expressed that while the eastern county respects Commissioner Busch, this is an issue of needing a Commissioner from the Coachella Valley for this position. At this time, Commissioner Bob Buster left the meeting. Chair-elect Karen Spiegel suggested the election process be revisited m the near future. Commissioner Harnik stated this is not about divisiveness, this is about balance and ensuring this entire region is represented. Commissioner Hanson concurred with Commissioner Harnik's comment and added whatever the outcome, the eastern county Commissioners will get behind the elected individual and support him completely. Commissioner Joseph DeConinck expressed his belief that either of the nominated Commissioners will serve the Commission well . Riverside County Transportation Commission Minutes December 12, 2012 Page 8 Chair Benoit stated there are two outstanding nominees for Second Vice Chair. He noted Commissioner Andrew Kotyuk was interested in the Second Vice Chair position and his effort to garner support was thoughtful, well intended, and deserves recognition. Chair Benoit noted that as past Chair of the Commission, he will continue to be a member of the Executive Committee and continue to represent the eastern county concerns. Anne Mayer clarified the Commission adopted a process for the election of officers and read this section of the Commission's Administrative Code. Chair Benoit requested the ballots be handed out and for the Commissioners to cast their votes. Jennifer Harmon collected the ballots and read each ballot aloud. Votes to elect Daryl Busch as Second Vice Chair for 2013: 15 District 3, District 5, Banning, Beaumont, Calimesa, Lake, Corona, Eastvale, Jurupa Valley, Lake Elsinore, Valley, Murrieta, Norco, Riverside, and Temecula. Votes to elect Scott Matas as Second Vice Chair for 2013: 12 Canyon Moreno District 4, Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, San Jacinto, and Wildomar. Results: Daryl Busch received the majority of votes, and is therefore elected to the Second Vice Chair position for 2013. Commissioner Busch expressed appreciation for being nominated as Second Vice Chair. He stated he will continue to support the important transportation issues for Riverside County. Chair Benoit requested Commissioner Parks convey to Commissioner Matas that he has served well and the Commission looks forward to his continued service in the eastern county. • • • • • • Riverside County Transportation Commission Minutes December 12, 2012 Page 9 Appointment of Executive Committee Representatives Jennifer Harmon called on Commissioner Gibbs to announce the cities of Corona, Moreno Valley, Murrieta, Riverside, and Temecula's representatives to the Executive Committee. Commissioner Gibbs announced Steve Adams and himself are appointed to the Executive Committee. Ms. Harmon called on Commissioner Bob Magee to announce the cities of Banning, Beaumont, Calimesa, Canyon Lake, Eastvale, Hemet, Jurupa Valley, Lake Elsinore, Menifee, Norco, Perris, San Jacinto, and Wildomar's representative to the Executive Committee. Commissioner Magee announced Bob Botts is appointed to the Executive Committee. Ms. Harmon called on Commissioner Parks to announce the cities of Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage's representative to the Executive Committee . Commissioner Parks announced Terry Henderson is reappointed to the Executive Committee. Chair Benoit stated while there are times the Commissioners do not unanimously agree, there is absolute cooperation in this large and diverse county. He expressed appreciation to the Commission for allowing him to serve as Chair for 2012. 12. ITEM(S) PULLED FROM CONSENT CALENDAR Per Commissioner Rush's request Agenda Item 7F was pulled. Commissioner Rush stated his question was answered and there is no need for a staff report. 7F. QUARTERLY SALES TAX ANALYSIS M/S/C (Rush/J. Benoit) to receive and file the sales tax analysis for Quarter 2 (Q2) 2012 . Riverside County Transportation Commission Minutes December 12, 2012 Page 10 13. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 13A. Commissioner Hernandez briefed the Commission on an article in the L.A. County Times about the Orange County toll roads and a review of ridership projections. 138. Anne Mayer: • Reminded the Commissioners to submit their 2013 Appointment/Reappointment forms and 2013 Annual Workshop forms to Jennifer Harmon; and • Noted the final Comprehensive Annual Financial Report was distributed to the Commissioners. At this time, Chair Benoit called the special meeting of the Riverside County Transportation Commission to order to run concurrently with the regular meeting. 2. ROLL CALL Commissioners/ Alternates Present Marion Ashley Roger Berg Ben Benoit John J. Benoit Sob Botts David Bricker Daryl Busch Marcelo Co Mary Craton Joseph DeConinck Ginny Foat Rick Gibbs Berwin Hanna Douglas Hanson Jan Harnik Terry Henderson 3. PUBLIC COMMENTS Steven Hernandez Frank Johnston Bob Magee Glenn Miller Yvonne Parks Greg Pettis Ron Roberts Adam Rush Karen Spiegel Jeff Stone Ella Zanowic Commissioners Absent Steve Adams Bob Buster Andrew Kotyuk Larry Smith John F. Tavaglione City of Meniff!e City of Rancho Mirage There were no requests to speak from the public. • • • • • • Riverside County Transportation Commission Minutes December 12, 2012 Page 11 At this time, Chair Benoit called on legal counsel to announce the Closed Session for both the regular and special meetings. Steve DeBaun announced the closed session items. 14. CLOSED SESSION 15. 14A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Item APN(s) Property Purchaser(s) 1 249-060-033 Cole ID Riverside CA, LP, a Delaware limited partnership 4A. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9 Potential Number Of Case(s): 4 The Commission returned to open session. Steve DeBaun announced the Commission authorized legal counsel to initiate litigation under Agenda Item 4A. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the regular and special meetings were adjourned at 11:31 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, January 9, 2013, in the Board Room, at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California. Respectfully submitted, Jennifer Harmon Clerk of the Board • AGENDA ITEM 7 A • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 9, 2013 TO: Riverside County Transportation Commission FROM: William Von Klug, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: List of Pre-Qualified Firms and Agreements for On-Call Right of Way Environmental Services STAFF RECOMMENDA TJON: This item is for the Commission to: 1) 2) 3) Award the following agreements to provide on-call right of way environmental services for a two-year term with one option year, in an amount not to exceed an aggregate value of $300,000; a) Agreement No. 13-31-037-00 with Ninyo & Moore Geotechnical Consultants (Ninyo & Moore); b) Agreement No. 13-31-068-00 with Leighton Consulting, Inc . (Leighton); c) Agreement No. 13-31-069-00 with Kleinfelder West, Inc. (Kieinfelder); and d) Agreement No. 13-31-070-00 with Tetra Tech, Inc. (Tetra Tech); Authorize the Executive Director, or designee, to execute task orders awarded to contractors under the terms of the agreements; and Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements, including option years, on behalf of the Commission. BACKGROUND IN FORMAT/ON: A request for qualifications (RFQ) for on-call right of way environmental services was released by staff, posted on the Commission's website, and advertised on October 18, 2012, in the local newspaper and via postcards that were mailed, with consultant statement of qualifications (SOQ) due November 15, 2012. Commission staff responded to all questions submitted by potential proposers prior to the November 1 deadline. Nine firms -AMEC Environment & Infrastructure, Inc.; BRADY; Civil Environmental Survey; Kleinfelder; Leighton; Ninyo & Moore; SCS Engineers; Tetra Tech; and TRC -submitted responsible and responsive SOOs prior to the November 1 5 submittal deadline. Utilizing the evaluation criteria set Agenda Item 7 A 1 forth in the RFQ, the nine firms were evaluated and scored by an evaluation committee comprised of Commission and Orange County Transportation Authority staff. Scoring was based entirely upon the evaluation criteria set forth in the RFQ. Based on the evaluation committee's assessment of the written proposals and pursuant to the terms of the RFQ, 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 4, 2012. The evaluation committee conducted a subsequent evaluation of each firm, based on both written and interview components presented to the evaluation committee by each proposer. Accordingly, the evaluation committee recommends contract award to Kleinfelder, Leighton, Ninyo & Moore, and Tetra Tech for on-call right of way environmental services. 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. Services will be provided through the Commission's issuance of contract task orders to the consultants on an as-needed basis. Consultants will be selected for specific tasks based on qualifications contained in their proposal and/or, as deemed appropriate by the Right of Way Manager, on a rotating basis, and/or, as deemed appropriate by the Right of Way Manager, by requesting written price proposals from two or more approved consultants. 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: Yes Year: FY 2012/13 Amount: $ 70,000 N/A FY 2013/14 + $ 230,000 2009 Measure A Western County Budget No Source of Funds: highways and TUMF CETAP Adjustment: N/A funds 003021814032623181401 $100,000 GL!Project Accounting No.: 003029 81403 262 31 81401 100,000 005123 81403 210 73 81401 100,000 Fiscal Procedures ~~ Date: 12/13/2012 Approved: Attachment: Standard Form On-Call Professional Services Agreement Agenda Item 7 A 2 • • • • • • Agreement No. 13-31-037-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR ON-CALL RIGHT OF WAY ENVIRONMENTAL SERVICES WITH [CONSULTANT] 1. PARTIES AND DATE. This Agreement is made and entered into this_,_ day of , 2013, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and [NAME OF FIRM] ("Consultant"), a [LEGAL STATUS OF CONSULTANT e~g.; CORPORATION]: 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 and in the task order(s) to be issued pursuant to this Agreement and executed by the Commission and Consultant ("Task Order"). Consultant represents that it is a professional consultant, experienced in providing on-call right of way (ROW) environmental 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 ROW environmental services, on an on-call basis. Services shall be ordered by Task Order(s) to be issued pursuant to this Agreement for future projects as set forth herein (each such project shall be designated a "Project" under this Agreement). 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, on an on-call basis, as 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 types of Services to be provided are generally described in Exhibit "A" attached hereto and incorporated herein by reference. The Services shall be more particularly described in the individual Task Order issued by the Commission's Executive Director or designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit "C". All Services shall be subject to, and performed in accordance, with this 17336.00000\7730829.1 3 Agreement, the relevant Task Order, 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 January 15,2013 to January 15, 2016, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in the Task Order. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 3.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the specific schedule that shall be set forth in the Task Order ("Schedule of Services"). Consultant shall be required to'commence work within five (5) days of receiving a fully executed Task Order. 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 each Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon the Commission's request, Consultant shall provide a more detailed schedule of anticipated performance to meet the relevant 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, agent or representative 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 17336.00000\7730829.1 2 4 • • performance of this Agreement are as follows: [INSERT NAME], or as otherwise specified in the relevant Task Order. • • 3.7 Commission's Representative. Commission hereby designates the [INSERTNAME ORTITLE], 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. Commission's Representative shall also review and give approval, as needed, to the details of Consultant's work as it progresses. Consultant shall not accept direction from any person other than Commission's Representative or his or her designee. 3.8 Consultant's Representative. Consultant hereby designates [INSERT NAME], 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 and as described in the relevant Task Order. 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. Any employee of Consultant or its sub-consultants who is determined by the Commission to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Commission, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 17336.00000\7730829.1 3 5 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 Cai/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. 3.12 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: $1,000,000 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. 17336.00000\7730829.1 4 6 • • 3.12.3 Professional Liability. [INCLUDE ONLY IF APPLICABLE~- • • DELETE OTHERWISE] 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 [INCREASE:IF.NECE.~;SAIJ'(~ FOR ENGINEERS/ARCHITECTS INCREASE T0$2,000,000<FOR;!J"YPlQAL..t.0B~!\rf~J~ SITE REMEDIATION INCREASE TO $5,000,000 OR$1 0,000,000'-0THERvYfSEif~~VE AS IS AND DELETE THIS NOTE] 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: (A) General Liability. The general liability policy shall be endorsed to state that (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way . (B) Automobile Liability. The automobile liability policy shall be endorsed to state that (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that (A) coverage shall not be suspended, voided or . canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Commission; and, (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect 17336.00000\7730829.1 5 7 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. 3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the Commission. 3.12.7 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. IF ·.··· .. ,:~t$j~]\IIAXJ.MYM~iJPEf\j§~}J9~ AMG>UN7:J"T() BE.~R'O\liQEill N THE'AGRE .liNI!;\fN~.t:,LJOI~~ AH¥,~~§;~~Sli)E~S~ IN~ER\f Tili:F .. Gr~I.:~O.~J,t;l.§ o.:t4~NGUA(;~: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuantto each Task Order shall be set forth in the relevant Task Order. The total compensation to be provided under this 17336.00000\7730829.1 6 8 • • • • • • Agreement, in the aggregate, shall not exceed [INSERT WRITTEN DOLLAR AMOUNT] [INSERT NUMERICAL DOLLAR AMOUNT] ("Total Compensation") without written approval of the Commission's Executive Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. IF THERE IS NOT A MAXIMUM COMPENSATION AMOUNT TO BE PROVIDED IN THE AGREEMENT, THEN INSERT THE FOLLOWING LANGUAGE: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto. The total compensation per Task Order shall be set forth in the relevant Task Order, and shall not exceed said amount without written approval of the Commission's Executive Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. NOTE: USE ONLY THE APPLICABLE PROVISION AND DELETE THE OTHER. 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 forty-five (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. 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. 17336.00000\7730829.1 7 9 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: CONSULT ANT: COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3rct Floor Riverside, CA 92501 Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18 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 17336.00000\7730829.1 8 10 • • • • • • 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. 3.18.21ntellectual 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 ("'ntellectual Property") prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement; desire to use any of the above-referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has 17336.00000\7730829.1 9 11 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. • 3.18.41nfringement Indemnification. Consultant shall defend, • indemnify and hold the Commission, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Commission of the Documents & Data, including any method, process, product, or concept specified or depicted. 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 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 defend, indemnify and hold Commission, its directors, officials, officers, employees, consultants, agents and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the 17336.00000\7730829.1 10 12 • • • • Project, this Agreement, or any Task Order, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Commission or its directors, officials, officers, employees, consultants, agents and volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Commission or its directors, officials, officers, employees, consultants, agents and volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission and its directors, officials, officers, employees, consultants, agents and/or volunteers, for any and a Illegal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission or its directors, officials, officers, employees, consultants, agents 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. 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 17336.00000\7730829.1 11 13 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. 3.27.3 Conflict of Employment. Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon the Consultant securing this or related Agreements with the Commission, is prohibited. • 3.28 Equal Opportunity Emplovment. 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 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 17336.00000\7730829.1 12 14 • • • • 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 notprevent 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 any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 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 any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day ("Eight-Hour Law"), unless Consultant or the Services are not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub- consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour Law . 17336.00000\7730829.1 13 15 3.34 Subpoenas or Court Orders. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 3.35 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, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination. 3.36 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.37 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. 3.38 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.39 Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 3.40 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.41 Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 3.42 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.43 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein, without the prior written consent of the Commission. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 17336.00000\7730829.1 14 16 • • • • • • 3.44 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. [Signatures on following page] 17336.00000\7730829.1 15 17 SIGNATURE PAGE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR ON-CALL RIGHT OF WAY ENVIRONMENTAL SERVICES WITH [CONSULTANT] IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: [INSERT NAME], Chairman NOT NEEDED IF APPROVED BY COMMISSION] By: Anne Mayer Executive Director APPROVED AS TO FORM: By: Best Best & Krieger LLP General Counsel 17336.00000\7730829.1 16 18 [INSERT CONSULTANT] Signature Name Title ATTEST: By: __________________ _ Its: Secretary • • • • • • SCOPE OF WORK AND TECHNICAL SPECIFICATIONS 1.0 SCOPE OF WORK The presence of hazardous substances within and adjacent to existing and proposed right of way and facilities for various Commission rail and highway projects is possible. It is, therefore, necessary that the Commission exercise due diligence in identifying hazardous and potential hazardous substances related problems. For purposes of this work, hazardous substances are substances or combinations of substances as defined in Title 22 California Code of Regulations, Section 66680, Division 20, Health and Safety Code, Sections 25115 and 25117, or those substances defined in Title 49 Code of Federal Regulations, Part 171.8. On-Call Consultants will be required to furnish environmental engineering services, field services including, but not limited to, Site Assessment and Investigations, Remedial Investigation/Feasibility Studies, Remediation Action Plans, Remediation Action Design, Post-Remediation Monitoring at specified areas, hazardous waste remediation, abatement and removal of materials. 1.1 Phase I -Initial Site Assessment The Initial Site Assessment (I SA) is necessary for identifying hazardous and potentially hazardous problems within and adjacent to existing and proposed rights-of-way and facilities for the Commission's Measure A or other transportation projects. The ISA shall include all pertinent information regarding listed hazardous waste and potential hazardous waste sites in the vicinity of the project. The Consultant may be required to review and update prior environmental reports or remediation work. During the performance of an ISA, the Consultant shall review published lists of hazardous waste sites and search as necessary available files of federal, state, regional and local agencies such as, but not limited to: • Environmental Protection Agency (EPA) National Priority List (NPL) reports • California Environmental Protection Agency (Cai/EPA) • Regional Water Quality Control Board (RWQCB) • Office of Emergency Services (hazardous materials management plans) • Local health departments (site lists, permits, reports) • Local fire departments (site lists, permits, reports) • County Tax Assessors (parcel maps and files) • County Court House (maps and files) • Utility companies (maps, plans, records) • Caltrans (right-of-way maps, aerial photos and files) The Consultant shall also review Sanborn Fire Insurance Maps, aerial photographs and other reports, maps and photographs, as necessary, to determine past and present land uses and to identify known or potential hazardous waste sites on parcels of land for future highway improvement projects. The time frame for this record search shall extend as far back as necessary, or to the limitation of available records, to determine 17336.00000\7730829.1 18 20 the use and presence of any hazardous wastes/materials on the parcels of land in question. The Consultant shall review published data from the United States Geological Surveys (USGS), state and other available maps and reports in order to compile a general geologic map and general hydrologic profile of the right-of-way or facility. As directed, the Consultant shall conduct a field survey for potential hazardous waste sites of all parcels of land within and adjacent to the proposed right-of-way or facility as specified in the Task Order. During this phase, it is not necessary to confirm the actual presence of hazardous waste in soil or groundwater on the site. Coordination and contacts with property owners and/or regulatory agencies shall be pre-approved by the Commission. All of the work for Phase I ISA or Transaction Screen Reports (TSR) will be performed using American Society for Testing and Materials Standards (ASTM) 1527 or 1528. In circumstances when an ISA will be performed to obtain right of way for a Caltrans project, the work will be completed using the Caltrans Project Development Procedures Manual for Environmental Contamination, Chapter 18. The Consultant shall be responsible for all Regulatory Agency Coordination through-out all phases of the Project. General requirements for ISA reports are provided in Attachment I 1.2 Phase II-Site Investigation If required, site investigations may include, but are not limited to, items such as work plans, health and safety plans, surveys and surface geophysical investigations (if necessary), drilling, sampling, laboratory analysis, and reporting. All elements of the site investigations must meet all applicable standards set forth by local, state and federal regulatory agencies. There should be no deviation to the required standards. The investigative techniques (i.e., drilling methods, sampling collection and sampling handling procedures, analytical methods and equipment) must be procedurally acceptable to the Commission and regulatory agencies. During soil investigations, the drilling and sampling operations shall be supervised on- site by Professional Engineer (PE), Certified Engineering Geologist (CEG), or Registered Geologist (RG). Personnel with specific registration(s) may be required in a Task Order to conform to regulatory agency requirements. 1.2.1 Work Plans A technical work plan shall be developed for all site investigations. The work plan shall be sufficiently detailed to fully describe the work to be performed. The Consultant shall submit a draft site-specific work plan to the Commission's Project Manager for review . 17336.00000\7730829.1 19 21 • • • • • • The draft shall be revised based on the Commission's comments and returned within seven (7) working days. The Commission shall review and approve the plan prior to start of fieldwork. Appropriate professional personnel shall develop work plans. Interpretation of geology, hydrogeologic, and/or hydrologic information shall be completed under the supervision of a California Registered Geologist and/or Certified Engineering Geologist. All work performed by the Consultant shall be in accordance with the site-specific final work plan as reviewed and approved by the Commission. 1.2.2 Health and Safety Plans Throughout the performance of field soil investigations, the Consultant, its subcontractors, and their personnel are responsible for their own health and safety planning, monitoring and procedures. All field soil investigations will require development of an appropriate Health and Safety Plan. The Commission shall review and approve the plan prior to start work. The Consultant shall submit a draft site specific Health and Safety Plan to the Commission for review. The draft shall be revised based on the Commission's comments and returned to the Consultant within seven (7) calendar days. The Health and Safety Plan shall conform to all applicable regulatory requirements including, but not limited to 8CCR 5192 and 8CCR 3202. The Consultant shall complete all work in accordance with the site Health and Safety Plan. The Consultant shall insure that all employees, while on the project site, will conform to the plan requirements. 1.2.3 Surveys of Buildings, Containers, Etc. The Consultant may be required to provide survey activities. Survey activities may include the surveying and testing, as applicable, of buildings, structures, stored materials, tank contents and containers to determine whether hazardous waste or materials are present. Typical surveys may include inspection for the following: • Asbestos containing materials (ACM) in buildings and pipelines • Poly Chlorinated Biphenyl's (PCB) containing materials in transformers, equipment, containers • Fuels and other chemicals in tanks, barrels and storage containers • Review of buildings or structures to determine whether hazardous materials are being used or stored • The presence of lead paint Only when requested will a Certified Industrial Hygienist (CIH) be utilized for survey plans and work. Requests for a CIH will be through the Task Order process. When surveys are included in a Task Order, survey activities as well as results shall be 17336.00000\7730829.1 20 22 included as a report or as part of the Site Investigation Report. 1.2.4 Surface Geophysical Investigations Consultants shall provide surface geophysical investigative services for the purpose of acquiring data as specified in the Task Order. Surface geophysical work shall be coordinated and interpreted by a geophysicist certified in the state of California. When geophysical activities are included in a Task Order, in addition to the general soil investigation reporting requirements, geophysical activities and results shall be included as a report or as part of the Site Investigation Report. 1.2.5 Soil Gas Survey Consultant shall provide subsurface soil gas sampling and analysis services. Gas survey personnel on site shall include a chemist or other experienced professional responsible for equipment operation and calibration. When soil gas survey activities are included in a Task Order, in addition to the general soil investigation reporting requirements, soil gas survey activities and results shall be included as a report or as part of the Site Investigation Report. 1.2.6 Trenching Trenching may be required for shallow soil investigation purposes. Excavation may be needed to determine shallow subsurface conditions or to excavate and expose subsurface structures such as foundations, tanks, pipes and/or sumps. Trenching activities shall be observed and supervised by a site engineer, geologist or engineering geologist. When trenching activities are included in a Task Order, in addition to the general so.il investigation reporting requirements; trenching activities and results shall be included as a report or as part of the Site Investigation Report. 1.2.7 Drilling Consultant shall provide drilling services that have the capability to drill and sample soft or poorly consolidated material, rock of varying densities, hardness, and degrees of fracturing, engineered fill, asphalt, Portland concrete cement (PCC), and wastes. Consultant shall also provide drilling services that have the capability to properly drill, construct, and develop groundwater monitoring wells. Monitoring wells may be required to determine if groundwater contamination is present, the extent of the contamination, and the general characterization of the subsurface vadose and hydro geologic conditions. Monitoring wells shall be designed and constructed in accordance with all the appropriate regulations, requirements and to be able to obtain water samples from the appropriate aquifer zones. 17336.00000\7730829.1 21 23 • • • • The Consultant, prior to drilling and installation of wells, shall obtain all of the necessary well permit(s). The Consultant shall register all monitoring wells with the Department of Water Resources. Copies of these records shall be included in the Site Investigation Report. 1.2.8 Sampling The objective of sampling is to obtain a representative sample of the subsurface soil, vadose and/or water conditions and levels of contamination at the specific site. Sampling intervals shall be site specific and reviewed and approved by the Commission and/or regulatory agencies. 1.2.9 Laboratory Analysis Laboratory analyses for each parameter will be performed in accordance with EPA protocols established in the EPA document Test Methods for Evaluating Solid Waste, SW-846, Update Ill, dated June 1997. Analyses will be performed in accordance with the EPA method procedures unless project requirements necessitate the adoption of alternative methods. Analysis will be performed within the holding times. If an alternative method is used, it will be documented and reported. Laboratories used to perform chemical analysis shall be certified by the California Department of Health Services (DHS). Asbestos and lead samples shall be submitted • to an American Industrial Hygiene Association (AIHA) accredited laboratory. • For specific test methods not as yet certified by DHS, the laboratory can perform laboratory analysis only if presently certified by DHS for comparable test methods, e.g., volatile organics, semivolatile organics, etc. or is a currently certified US EPA Contract laboratory. Expected turnaround time for chemical analysis shall be seven (7) calendar days, unless otherwise requested. Analysis shall be performed in accordance with the Contract Laboratory program protocol (CLP). The Consultant shall be responsible for sample transport from worksite to the laboratory, to provide clean or new sample containers, labels, appropriate preservation and chain-of-custody records. 1.2.9.1 Quality Assurance/Quality Control Quality control of laboratory analyses is assessed by performing analytical methods according to protocols and analyzing laboratory QA/QC samples to measure precision and accuracy of laboratory methods and equipment, instrument calibration, and preventive maintenance. 1.2.9.1.1 General 17336.00000\7730829.1 22 24 Laboratory QA/QC samples that will be analyzed during the proposed assessment include method blanks, laboratory control samples, MSs, and duplicates. Specific acceptance limits for the samples will be per the respective analytical method and at the discretion of the laboratory QA/QC manager. 1.2.9.1.2 Method Blanks A method blank is a sample of deionized water or clean sand prepared by and analyzed by the laboratory in the same manner as the samples. It is used to assess potential contamination in the laboratory process (e.g., contaminated reagents or improperly cleaned equipment). The laboratory will analyze one method blank sample per batch or every 20 samples for each analytical method. 1.2.9.1.3 Laboratory Control Samples A laboratory control sample is a known matrix (e.g., deionized water) that has been spiked with a known concentration of specific target analytes. It is used to demonstrate the precision of the analytical process. A laboratory control sample will be analyzed at a frequency of one per preparation or analytical batch not to exceed 20 samples. 1.2.9.1.4 Matrix Spikes • The MS is an actual sample matrix spiked with known concentrations of specific target • analytes. The purpose of an MS is to access the effect of a sample matrix on the recovery of target analytes (i.e., assess the potential for matrix interferences, either high or low). One MS will be analyzed per batch or every 20 samples for each analytical method. 1.2.9.1.5 Laboratory Duplicates Duplicate samples are used to assess precision in the analytical method. An additional aliquot is extracted from a sample and analyzed using the procedures. Then the results are compared to assess the precision. Duplicates may be of three kinds-laboratory control sample duplicates, MS duplicates, and laboratory sample duplicates. Duplicates should be analyzed per batch or every 20 samples for each analytical sample. 1.2.1 0 Laboratory Reports Complete copies of the laboratory reports, including QA/QC summary reports shall be placed in an appendix of the Site Assessment Report. Laboratory reports shall contain, but not limited to, the following information: • Written explanation of higher detection limits, laboratory contaminants, or other unusual results. • Name, address, and telephone number of laboratory • Laboratory number for each sample reported 17336.00000\7730829.1 23 25 • • • • •-Consultant's number for each sample recorded • Date sample(s) collected • Date sample(s) received by laboratory • Date of laboratory testing • Brief sample description (e.g. soil, water, sludge, etc.) • Specific test method • Extraction method utilized • Test result for each sample and method • Detection limit for each test method • Date of test report • Signature and title of the manager or director of the appropriate laboratory section 1.2.11 Reporting General requirements for Site Investigation Reports are provided in Attachment II 1.3 Remedial Investigation/Feasibility Studies (RI/FS) A comprehensive Remedial Investigation/Feasibility Study (RI/FS) will be perform to develop sufficient information to make an informed remedial alternative selection that eliminates, reduces, and/or controls the risks to human health and the environment. All elements of the RI/FS Work Plan shall conform to applicable federal, state and local guidelines, rules, regulations, and criteria negotiated with appropriate regulatory agencies. Appropriate professional personnel shall develop RI/FS Work Plans. Interpretation of geology, hydrogeology, and/or hydrology information shall be conducted under the supervision of a California Registered Geologist or Certified Engineering Geologist. At the conclusion of the RI/FS, a RI/FS Report shall be prepared to include at a minimum, site characteristics, sources of contaminants, nature and extent of contamination, risk assessment, and review of all potentially feasible remedial actions and associated costs. A Risk Assessment, included as part of the RI/FS work, may be necessary to determine the risk to human health and the environment from contaminants in the soil and/or groundwater. The Risk Assessment shall describe the environmental fate and transport of the contaminants and consider all potential contaminant migration pathways in addition to all potential exposure routes to a receptor such as inhalation, ingestion, and dermal absorption. The Risk Assessment must provide a comparison of the contaminant concentration at a receptor (estimated by the fate and transport element) with appropriate health-based standards. If the contaminant concentration at the receptor exceeds the appropriate health-based standards, then a potential unacceptable excess risk t the receptor exists and a risk management decision must be made (e.g. removal, treatment, stabilization, etc.). The Risk Assessment must include a professional conclusion that is presented in an 17336.00000\7730829.1 24 26 objective and technically defensible manner. The Risk Assessment must include a discussion of strengths and weaknesses of the assessment by describing uncertainties, explicitly stating assumptions and limitations, as well as providing scientific basis and rationale for each assumption. Conclusions regarding the potential risk to human health and/or the environment must be based on current federal, state and local guidelines, rules, regulations, and requirements. General requirements for RI/FS reports are provided in Attachment Ill. 1.4 Remedial Action Plan and Remedial Action Design The Remedial Action Plan (RAP) shall compile and summarize site data gathered during the RifFS, in order to identify, and subsequently design, plan, and implement a final remedial action for the specific site. The RAP shall clearly and concisely describe the selected and rejected alternatives to the extent that the Commission is provided an opportunity to comment on the remedial action(s). The RAP must also set forth specific remedial action objectives; rough order of magnitude cost estimates, and timeframes for completion of the remedial action(s). The Consultant shall submit a draft RAP, potentially including a closure plan, to the appropriate regulatory agencies and the Commission for review and approval prior to circulation for public/responsible party input and prior to being adopted as the final document for undertaking remedial action at the specific site. A Remedial Action Design (RAD) shall be developed to provide technical and operational plans and engineering designs for implementation of the approved final RAP. Based on the selected alternative for remedial action as defined in the RAP, the Consultant shall develop a RAD in accordance with regulatory requirements, which shall include detailed construction designs for the selected remedial alternative. In addition, the work plan shall include sampling protocol for screening and verification sampling, onsite and off-site transportation routes, health and safety requirements for post construction activities. A schedule shall be developed for implementing the construction phase of the remedial action. 1.5 Remediation Oversight Consultant may provide remediation oversight to monitor and control the adherence to the Remedial Action Design (RAD), and to ensure that the work is completed in a timely and competent manner. 2.0 Other Requirements 2.1 Reports -Progress and Investigative The Consultant shall submit to the Commission monthly progress reports to report 17336.00000\7730829.1 25 27 • • • • • • status, difficulties or special problems encountered so that remedies can be developed. Included in the progress report Consultant shall report on costs expended per Task Order and schedule status for current Task Orders. Unless otherwise stipulated, two (2) copies of the draft workplan, health and safety plan, and site investigation report must be submitted to the Commission's Project Manager for approval. Work plans and investigation reports must be revised to address all comments, prior to being submitted in final form within the time specified in the Task Order. Two (2) copies of the final work plan and health and safety plan and three (3) copies (hard copy and electronic copy) of the final investigation report must be submitted to the Commission's Project Manager unless another quantity is specified. 2.2 Deliverable Approval and Correction Procedures All data and documents produced by the Consultant shall be subject to acceptance by regulatory agencies and th~ Commission. In the event of non-acceptance by regulatory agencies or the Commission, the Consultant shall have 14 calendar days to submit the corrections to the Commission. 2.3 Timing Time is of the essence and time for performance may be a factor in issuance of a Task Order. , 2.4 Meeting The Consultant shall meet with the Commission at a designated pre-work site visit to view the site and discuss Task Order execution, The Consultant shall provide a person at the pre-work site visit that will exercise responsible charge of the anticipated Task Order. The Consultant shall meet with the Commission's designee, as needed, to discuss progress on the contract. 2.5 Monitoring and Review Procedures The Commission shall have the right to monitor and review the processes of the Consultant at any time by visiting the Consultant's facility or by requiring meetings. 3.0 MISCELLANEOUS PROVISIONS 3.1 Health and Safety Consultant shall at all times conduct its operations in such a manner as to avoid any risk of bodily harm to persons or damage to property. Consultant shall promptly take all precautions that are reasonable or necessary to safeguard against such risk and shall 17336.00000\7730829.1 26 28 make regular safety inspections of its operations. Consultant shall be solely responsible for the discovery, determination and correction of any unsafe conditions arising in connection with the performance of services by Consultant. In addition, Consultant shall comply with all applicable health and safety laws, standards, codes, rules, regulations, including any safety programs established by the State of California and the U.S. Government as applicable. Consultant warrants the materials, equipment and facilities; whether temporary or permanent, furnished by Consultant in connection with the performance of services shall comply therewith. Consultant shall cooperate and coordinate with the Commission and with other consultants on safety matters. By its action of providing services, Consultant confirms that all of its employees, subcontractors and their employees, engage in field activities related to this agreement have been trained according to the requirements specified in 29 CFR 1910.120 and 8 CCR 5192. In addition, the Consultant shall include this requirement in all subcontracts performed on this project. At the time any of Consultant's personnel are required to visit any work site, Consultant shall furnish suitable safety equipment and enforce the use of such equipment by those personnel. Consultant's personnel who visit any of the Work Sites on a regular basis shall have a thorough knowledge and understanding of the safety requirements. • Samples suspected of containing asbestos and/or lead shall be collected by personnel • certified by the State of California to collect such samples. The Site Health and Safety Plan shall be developed by an industrial hygienist with sufficient knowledge to recognize and characterize the potential site hazards. During soil investigation activities, a Site Safety Officer (SSO) with be designated and will be responsible for enforcing the site safety plan. Upon the Commission's request, the site Health and Safety Plan will be signed by a Certified Industrial hygienist. A copy of the Health and Safety Plan shall be distributed to all workers before the field investigation begins. All field investigation workers shall certify that they have read, understand, and agree to comply with the site Health and Safety Plan before the field investigation begins. The Consultant shall provide safe access to the Work Site for representatives of the applicable local and/or state regulatory agencies during normal field investigations work hours. Designated observation areas outside the work zone shall be established for these site visits. Such inspection tours shall be arranged in advance with the SSO. The SSO shall accompany the representatives while on the site. On Commission owned facilities, Consultant shall advise the Project Manager when safety meetings are to be held. Consultant shall report to the Commission any unsafe conditions observed by its 17336.00000\7730829.1 27 29 • • • • personnel at any Work Site. Any of the consultant's personnel that the Commission determines do not have the requisite knowledge shall, at the option of the commission, be removed from the performance of service. The Consultant shall require the full compliance with this clause by all subcontractors of Consultant. 3.2 Site Safety Officer The Consultant shall designate a Site Safety Officer (SSO) for each site under active investigation. A SSO or his designated representative shall be present at all times at each site under active investigation. Both persons must be familiar with hazardous waste laws and regulations in California and with Cai/OSHA requirements. The SSO or his designated representative shall be available to accompany the Commission and/or representative of the applicable regulatory agencies while they are on site. The SSO shall direct the implementation and operation of the Health and Safety Plan. The SSO shall enforce compliance with the Health and Safety Plan by all persons while they are within the site perimeter. 3.3 Owner/Regulatory Contacts The Consultant shall only contact property owners as specifically directed and authorized by the Commission. The Consultant shall coordinate with other agencies, such as federal Environmental Protection Agency (EPA), California Environmental Protection Agency (Cal-EPA), Regional Water Quality Control Board (RWQCB), local environmental health agency, and others as necessary to complete fieldwork. The Consultant shall notify and invite the Commission's representative to all regulatory agency meetings related to this investigation. 3.4 Right-of-Entry The conditions of the right of entry agreement to the property will be explained to the Consultant during the pre-work site meeting. The Consultant shall know and follow the terms and conditions of the right of entry agreement at all times. 3.5 Permits and Licenses Consultant shall be fully responsible for identifying and obtaining all necessary permits required for performing the services under this agreement. Consultant acknowledges that it has familiarized itself with the existing requirements of the Commission and all applicable federal, state, county and municipal laws, codes, rules, and regulations and the conditions of any required licenses and permits as they were in effect on the date of this Agreement. Consultant shall comply with all the foregoing, and except as otherwise provided herein, Consultant shall procure all licenses and registrations and shall furnish any bonds, security, or deposits required to conduct business without any increase in the Task Order cost or schedule on account of such compliance, regardless of whether 17336.00000\7730829.1 28 30 such compliance would require additional labor, equipment, or materials not expressly provided for in this Agreement. 3.6 Underground Services Alert (USA) Before any Task Order involving disturbance of the ground beyond surface sampling begins, the Consultant shall obtain any inquiry identification number from USA. 3.7 Traffic Control Traffic control (barricades, portable flashing beacons, and detours), when necessary to accomplish the contract work, will be the responsibility of Consultant. The Consultant shall coordinate and obtain all the necessary permits from the local jurisdiction. Traffic control shall be addressed in the Health and Safety Plan. 3.8 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements The Consultant shall preserve and protect all structures, equipment, and vegetation ( such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this Agreement. The Consultant shall protect from damage all existing improvements and utilities (1) at • or near the work site, and (2) on adjacent property of a third party, the locations of • which are made known to or should be known by the Consultant. The Consultant shall repair any damage, at its own cost or expense, to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this Agreement or failure to exercise reasonable care in performing the work. If the consultant fails or refuses to repair the damage promptly, the Commission may have the necessary work performed and charge the cost to the Consultant. 3.9 Project Diary A Project Diary must be maintained to support all work performed. The diary must be filled out and signed as to be true and correct. It must identify the person responsible for project management and must include, but not be limited to, additional notations, observations or remarks to further clarify work. 3.10 Decontamination/Disposal If required, all personnel shall be decontaminated before leaving the site as specified in the Site Health and Safety Plan. Decontamination procedures shall generally follow the guidelines found in 8 CCR 5192 and shall be detailed in the Site Health and Safety Plan. 17336.00000\7730829.1 29 31 • • • • Consultant shall equip, supply and maintain an on-site decontamination station for the drilling, installation and sampling equipment. Consultant shall ensure that this station has the capacity to contain all decontamination fluids used in the decontamination procedure. Consultant shall collect these fluids in appropriate containers. Consultant shall wash and clean all equipment prior to initiation of work at the site. This includes drilling machines, pipe rods, samplers, pumps, casings, screens and any other material brought on site. Before reuse of any equipment at another drilling location at the site, all equipment shall be cleaned and decontaminated. General requirements for decontamination include, but not limited to: • Auger flights and any other tools used in drilling operations, monitoring and sampling shall be steam cleaned before initial use and between boreholes. • Before each use, sampling tubes, liners, and bailers shall be washed in a mixture of liquinox, or similar product, and clear water, rinsed in clear water, rinsed in distilled water and air dried. • All suspect asbestos containing materials and lead paint materials shall be handled wet The Consultant shall avoid contamination of the project area and shall not dump waste oil, drilling fluids, rubbish and/or other materials on the grounds. All equipment, unused materials, temporary facilities and other miscellaneous items resulting from or used in the operation shall be removed from the site . Material removed from trenches, drill holes, etc. shall be properly collected in containers or stockpiled on plastic sheeting supplied by the Consultant. The project site must be maintained clean at all times. 3.11 Hazardous Waste Manifest The Commission will sign all Hazardous and Non-Hazardous Waste Manifests for waste removed from the site. 3.12 Regulatory Requirements Consultant agrees that it will not store any hazardous substances at the job site for periods in excess of ninety (90) days or in violation of the applicable site storage limitations imposed by law, the Owner, the Commission, whichever will be more restrictive. Consultant further agrees that it will not permit any accumulation in excess of the small quantity generator exclusion of 40 CFR Part 261 or other applicable law, as amended. Consultant agrees to report to the appropriate governmental agencies all discharges, releases, and spills of hazardous substances and/or wastes required to be reported by law and to immediately notify the Commission Representative of same. 3.13 Expert Testimony It shall be recognized that subsequent to the performance of this Agreement the need may arise to provide expert testimony during hearings and/or court proceedings 17336.00000\7730829.1 30 32 involving site specific activities or other matters, with regard to which personnel provided by the Consultant under this Agreement (including subcontractor personnel) would have gained expertise as a result of the Tasks performed under this Agreement. Therefore the Consultant agrees to make available expert consulting services in support of future proceedings, including litigation support and to enter into any intent agreement as necessary with subcontractors t ensure the availability of subcontractor personnel provided under this Agreement to provide expert consulting services. Agreement to provide such services in the future serves as a notice of intent only. Should the Consultant or any subcontractors at any tier ever testify in court in any case related to this Agreement, all his/her work will be considered proprietary to the Commission. In such a case, the Consultant and/or subcontractor of any tier shall not release any information to adverse parties. 3.14 Disclosure of Information The Consultant agrees to notify and obtain the written approval of the Commission prior to releasing any information to any third parties including the news media regarding any work under this Agreement except as required by law. The Consultant shall immediately notify the Commission of the receipt of a demand by a third party for the disclosure of field test data generated under this Agreement. This requirement shall flow down to all subcontractors. 17336.00000\7730829.1 31 33 • • • • ATTACHMENT I • PHASE I INITIAL SITE ASSESSMENT REPORT • 17336.00000\7730829.1 32 34 • • • INITIAL SITE ASSESSMENT REPORT GENERAL REQUIREMENTS Contents of the Initial Site Assessment Report should include, but not limited to the following: 1. Title sheet, which identifies the Task Order number, project name, project location, contract number, Consultant name, name of author, and date. 2. Signature page with signature and title of persons who prepared and reviewed the project. 3. Table of Contents. 4. Investigative (Executive) Summary: This section should present and summarize the technical data and findings of the investigation. 5. Investigation narrative, which shall include, but not limited to, the following: • • • • • • • • • • • • • • • • Investigation methods and evaluation criteria . Known hazardous substance sites (name, location, contamination onsite, federal or state, impact, schedule for cleanup, etc.). Potential hazardous substance sites in the vicinity of the ISA site (name, location, type of operation, reason to suspect potential are of impact, etc.). Name, address, and telephone number of the business/owner(s) of each site . Type of hazardous substance and/or containers involved at each site (e.g. sludge pits, ponds, underground/above ground storage tanks, piping, etc.) This data shall be written in a clear and concise form, and summarized in a table form. Chemical/hazardous materials that have been stored/used in the past at each site and the known generators (if available) of the materials. Permits, violations, plans, records, and any other information reviewed . Sketches, photographs, and/or descriptive comments as necessary to identify important features such as buildings, ponds, utility lines, etc. Aquifer descriptions 9depths to groundwater, gradient, conductivity, yield, quality, and beneficial users). Public sources such as the Department of Water Resources reports and USGS reports will be sources of this type of information. Geologic units: Geologic and hydrologic information should be scaled to the freeway/rail project. The shallow subsurface conditions (e.g. less than 50 feet below ground surface) will have the greatest impact on construction. Location and use of all known groundwater and monitoring wells in the subject vicinity of the study area. All known or potential hazardous substance sites shall be identified with corresponding symbols and physical features such as geologic units, aquifer descriptions, and depth to groundwater on a project right-of-way map included in the ISA Report. How project may affect suspect sites (e.g. area of contamination vs. construction excavation). A list of sites recommended for site investigations shall be included, along with recommendations for follow-up investigations. These sites shall be ranked by significance using a rationale fully justified in the report and prioritized for scheduling this follow-up work. Degree of significance for each hazardous substance problem in terms of time to mitigate and approximate costs. Describe future plans, if any, of the EPA, Cal-EPA, RWQCB, or other agencies involved in remediating hazardous substance sites within or adjacent to the proposed right-of-way . 17336.00000\7730829.1 33 35 • • • Identify individuals or agencies contacted in developing the information included in the ISA Report. List of contact names, telephone numbers, and dates contacted, and information reviewed. Limitations in the adequacy and/or conclusions reached in this assessment shall be explained in detailed. 17336.00000\7730829.1 34 36 • • • • ATTACHMENT II • PHASE II SITE INVESTIGATION REPORT • 17336.00000\7730829.1 35 37 • • • SITE INVESTIGATION REPORT GENERAL REQUIREMENTS The report shall be typed and bound in an 8 %" by 11' size. Contents of the Site Investigation Report should include, but not limited to the following: 1. Title sheet, which identifies the Contract number, Task Order number, project name, project location, Consultant name and date. 2. Signature page to include signature and title of persons who prepared and reviewed the report. 3. Table of Contents. 4. Investigative Summary: This section should present and summarize the technical data and findings of the investigation. 5. Introduction: At a minimum, this section should include: • Site Description • Surrounding Properties • Site History • E:nvironmental Setting ~ Regional Geology ~ Site Geology and Hydrogeology • Purpose and Scope of Work 6. Site Investigation Procedures: This section should provide a work plan and field work methods used for the investigation and should include, at a minimum: • Soil Boring Locations • Atmospheric Monitoring • Borehole Drilling, Sampling and Backfilling • Field Screening • Equipment Decontamination • Chemical Analyses Program 7. Site Investigation Results: This section should provide an evaluation of soil investigation results and should include, at a minimum: • Maps to scale showing the site location, feature locations, boring and well locations, vertical and horizontal extent of contamination, contour maps of contaminant concentrations, and hydraulic gradient. • Cross-sections showing subsurface geologic and hydrogeologic conditions, sample results, and estimated extent of contamination. An estimate of volume of contaminated soil and groundwater present must be given along with assumptions and calculations used. • Statistical analysis of sample results estimating distribution and average concentration, and statistical analysis that demonstrate trends in contaminant level and distribution. • Backup data for maps, cross sections, and graphs. • Summary of laboratory results. 8. Conclusions and Recommendations: This section should include, at a minimum: 17336.00000\7730829.1 36 38 • Nature, extend, and estimated volume of contamination. • Recommendations for additional work necessary to characterize the site and potential cost. 9. Appendices: All data used to support the report including, but not limited to: • Well and boring logs for both existing and new wells and borings (include all wells that can influence hydrogeologic conditions of the site). • Copies of all permits (e.g. drilling permits, well permits, excavation/grading permits, etc.) obtained from state, county and/or local regulatory agencies. • Laboratory analysis of each sample tested. Laboratory reports must include Chain-of- Custody forms. • Survey elevations and location of wells or borings, benchmark, or monument locations. 10. References 17336.00000\7730829.1 37 39 • • • • • • ATTACHMENT Ill REMEDIAL INVESTIGATION/FEASIBILITY STUDY REPORT 17336.00000\7730829.1 38 40 • • • REMEDIAL INVESTIGATION/FEASIBILITY STUDY REPORT GENERAL REQUIREMENTS The report shall be typed and bound in an 8 %" by 11' size. Contents of the Site Investigation Report should include, but not limited to the following: 1. Title sheet, which identifies the Contract number, Task Order number, project name, project location, Consultant name and date. 2. Signature page to include signature and title of persons who prepared and reviewed the report. 3. Table of Contents. 4. Introduction: At a minimum, this section should include, but not limited to: • Site Description • Surrounding Properties • Site History • Environmental Setting ~ Regional Geology ~ Site Geology and Hydrogeology • Purpose and Scope of Work 5. Study Area Investigation: This section should include, at a minimum: • Surface features (topographic mapping, natural and manmade features, etc.) • Contaminant source investigation • Meteorological investigations • Surface water and sediment investigations • Soil and vadose zone investigations • Groundwater investigations 6. Physical Characteristics of Study Area: This section at a minimum should include field activity results, which then determine physical characteristics including: • Surface features • Geology • Hydrogeology • Soils • Demography and land use 7. Nature and Extent of Contamination: This section should present results of soil characterization, both natural chemical components and contaminants in media and transport. 8. Fate and Transport should include, at a minimum: • Potential routes of migration • Contaminant persistence • Contaminant migration 17336.00000\7730829.1 A-1 41 9. Risk assessment should include, at a minimum: • Human health evaluation • Environmental evaluation 10. Identification and screening Technologies: This section should include, at a minimum: • Remedial Action Objectives • General Response Actions • Identification of appropriate and effective technologies for remediation of soil and/or groundwater contamination at the site 11. Development and Screening of Alternatives: This section should include, at a minimum: • Assembly of technologies into remedial alternatives capable of addressing all media/volumes/areas of contamination which are of concern • Discussion of rationale for combination of technologies/media into alternatives • Discuss screening/evaluating of alternatives • Screen alternatives on the basis of effectiveness, implementation, and cost • Discuss feasibility to implement alternatives given the site conditions, location, and time frame • Discussion of effectiveness of the treatment on the material in question • Discuss the reliability of the alternatives in terms of demonstrated effectiveness and the operation and maintenance requirements 12. Detailed Analysis of Alternatives: This section should include·an analysis of the "No Action" alternative and at least two other remedial alternatives. Each alternate analysis should address: time, operation and maintenance requirements, risks to health and environment, cost- effectiveness, level of cleanup, potential economic impact on the responsible party, the physical limitations of the site, controlling regulations and permits, public health concerns, direct and indirect capital costs, and the impact of the cleanup methods on the continuing site activities, future construction activities and Commission use of the property. 13. Summary and Conclusions • Summary • Recommendations 14. Recommended Remedial Alternative: Based on the results of the detailed analysis, this section should contain a detailed discussion of the recommended remedial alternative including the basis for this recommendation. 15. References 16. Appendices 17336.00000\7730829.1 A-2 42 • • • • • • 17336.00000\7730829.1 EXHIBIT "B" COMPENSATION 8 43 EXHIBIT "C" SAMPLE TASK ORDER FORM RIVERSIDE COUNTY TRANSPORTATION COMMISSION TASK ORDER Task Order No. :'"' .:...._._ __ Contract: [INSERT NAME OF CONTRACT] Consultant: [INS~'RT NAME ()15J;;ONS:UL li~fkJ''f] The Consultant is hereby authorized to perform the following work subject to the provisions of the Contract identified above: List any attachments: (Please provide if any.) Dollar Amount of Task Order: Not to exceed$ ~:,;:\;,; .. >.00 Completion Date: The undersigned consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Contract identified above and will accept as full payment therefore the amount shown above. Riverside County Transportation Commission Consultant Dated: _______ _ Dated: _______ _ By: By: 17336.00000\7730829.1 c 44 • • • • AGENDA ITEM 78 • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 9, 2013 ______ ,_ ______________________________________________________ ~, TO: Riverside County Transportation Commission FROM: Sheldon Peterson, Rail Manager ------~------------------------------------------------------~· THROUGH: Anne Mayer, Executive Director SUBJECT: Los Angeles -San Diego -San Luis Obispo Rail Corridor Agency Update and Revised Joint Exercise of Powers Agreement STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive an update on Senate Bill 1225 legislation and implementation effort; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the 2013 Amended Joint Exercise of Powers Agreement that allows the Commission to be included as voting member in the Los Angeles -San Diego -San Luis Obispo (LOSSAN) Rail Corridor Agency . BACKGROUND IN FORMAT/ON: The LOSSAN Rail Corridor Agency is a joint powers authority (JPA) created to oversee the intercity passenger rail service in the travel corridor between San Diego and Los Angeles. This agency has evolved as rail service has been extended to Ventura, Santa Barbara, and San Luis Obispo Counties and now includes all counties along the Pacific Surfliner Corridor from San Diego to San Luis Obispo County In December 2011, the Commission voted to authorize the Chair to execute the revised bylaws and the joint exercise of powers agreement that allows the Commission to be included as an ex-officio member in the LOSSAN Rail Corridor Agency. The Commission representative and staff have been actively participating in the meetings since 2011. The current voting member agencies include: • Los Angeles County Metropolitan Transportation Authority - 2 Votes; • Orange County Transportation Authority - 2 Votes; • San Diego Metropolitan Transit System -1 Vote; • North County Transit District -1 Vote; • San Diego Association of Governments -Votes when one of the other San Diego entities is not present; Agenda Item 7B 45 • • • • Ventura ~ounty Transportation Commission - 1 Vote; Santa Barbara County Association of Governments - 1 Vote; San Luis Obispo Council of Governments - 1 Vote; and California Department of Transportation (Caltrans) - 1 Vote . The current ex-officio non-voting member agencies include: • Riverside County Transportation Commission; • Southern California Association of Governments; • National Railroad Passenger Corporation (Amtrak); and • California High-Speed Rail Authority. As identified above, the LOSSAN Board of Directors is well represented by almost every other major transportation planning agency in Southern California. This makes it important for the Commission to be an active voting member. The LOSSAN Rail Corridor Agency has worked for years to try to develop corridor improvements and coordinate services between Amtrak, Metrolink, and the Coaster passenger trains. The 351-mile LOSSAN corridor operates in part over the Commission's commuter rail track rights, specifically between Fullerton and Los Angeles Union Station. In 1992, the Commission purchased the exclusive commuter rights for this segment from Burlington Northern Santa Fe Railway as part of a shared use agreement for $23.7 million. Therefore, any planned commuter rail service or change to existing service over this section would impact the track rights of the Commission. The Commission has a vested interest in service patterns for both the Inland Empire-Orange County Line and the 91 Line service that currently operate on the LOSSAN corridor. In an effort to gain efficiencies and local control, the LOSSAN member agencies proposed and supported Senate Bill 1225 that was signed by Governor Jerry Brown in September 2012. This bill established a process for transferring the administrative responsibilities for the state-supported intercity passenger rail service along the corridor from the Caltrans to a locally governed joint powers authority. This local authority would have more control over schedules, operations, fares, marketing, and coordination with other transit operators. The funding for the operations and capital for the corridor is intended to still come from the state as it currently does. The LOSSAN agencies must unanimously approve the new joint powers agreement before the transition can take place. The agencies would also need to locally fund the legal and development costs associated with the actual transfer agreement with the state, which will be shared and is anticipated to be less than $700,000 for the entire 1 0-member group. The LOSSAN Board will select a managing agency that will have a managing director and a small local staff. The current LOSSAN agencies are eligible to submit proposals expressing their interest in becoming the managing agency. This decision will likely take place in the spring of 2013. It is anticipated that the Commission's share of the legal and Agenda Item 78 46 • • • • • • development costs will be a one-time cost in the range of $60,000 to $100,000, which could be funded with Measure A funds in support of regional rail projects. The final determination of the Commission's share of the one-time cost as well as any future administration costs is still subject to further negotiations. Based on the current discussions and ongoing effort for Southern California rail integration and coordination, staff recommends authorizing the chair to execute the LOSSAN joint powers agreement and secure voting membership on the LOSSAN Board. Fiscal Procedures Approved: Attachments: Financial Information FY 2012!13 FY 2013!14 Amount: Budget Adjustment: No N/A 654199 81016 265 33 81002 12!19/2012 1) LOSSAN Joint Powers Agreement Summary of 2013 Amendments; and 2) LOSSAN Rail Corridor Agency 2013 Amended Joint Exercise of Powers Agreement Agenda Item 7B 47 • • • LOSSAN Joint Powers Agreement Summary of 2013 Amendments ATTACHMENT 1 The following is a summary of the major changes to the LOSSAN Joint Powers Agreement: • Includes additional WHEREAS clauses referencing key sections of Senate Bill 1225 (SB 1225, Padilla), which authorizes a transfer from the state to the LOSSAN Agency of authority for the corridor's intercity passenger rail service operating between San Diego and San Luis Obispo. • Includes additional Purposes of the LOSSAN agency to administer and manage the operations of the corridor intercity passenger rail service as authorized in SB 1225. • Includes in the Powers of the LOSSAN agency the ability to (1) negotiate and approve an Interagency Transfer Agreement (IT A) with the state that will transfer this responsibility and (2) develop procedures for selecting a Managing Agency . • Makes changes to voting and ex-officio membership. Specifically, Caltrans is transferred from a voting member to an ex-officio member and the Riverside County Transportation Commission is transferred from an ex-officio member to a voting member. • Includes details on the relationship between the LOSSAN corridor's commuter rail services in terms of ( 1) overall coordination and (2) exclusions for existing agreements, ownership rights, funding sources, and other aspects of commuter rail service. • Identifies the San Diego Association of Governments (SANDAG) as the Transitional Managing Agency to continue to provide administrative staff support to the LOSSAN agency from when the JPA is approved to when a Managing Agency is selected. • Includes details on the roles and responsibilities of the Managing Agency and the Managing Director, who will be appointed by the LOSSAN governing board and will lead the administrative duties of the LOSSAN agency. Other duties of the Managing Agency include project development, budgeting and finance, business plan development, marketing, and fare policy . 48 • Identifies supermajority voting as eight of 1 0 votes, including one affirmative vote from each of four regions in the LOSSAN corridor for the following items (1) legislation, (2) JPA amendments in terms of membership and voting, (3) bylaws changes, (4) service reductions, and (5) cost sharing formulas. 49 • • • • 2013 AMENDMENT TO THE JOINT POWERS AGREEMENT ATTACHMENT 2 CONCERNING THE LOS ANGELES-SAN DIEGO-SAN LUIS OBISPO CORRIDOR RAIL AGENCY INTRODUCTION This Agreement is made and entered into in the State of California by and among the LOSSAN Agency Governing Board and the following public agencies that are parties of this Agreement: Los Angeles County Metropolitan Transportation Authority; Orange County Transportation Authority; Riverside County Transportation Commission; North County Transit District; San Diego Metropolitan Transit System; California Department of Transportation; • Southern California Association of Governments; San Diego Association of Governments; • Ventura County Transportation Commission; Santa Barbara County Association of Governments; San Luis Obispo Council of Governments; National Railroad Passenger Corporation; California High-Speed Rail Authority; RECITALS WHEREAS, some, but not all of the parties to this Agreement had entered into that certain joint exercise of powers agreement to establish the Los Angeles-San Diego Corridor Rail Agency (Agency), effective February 6, 1989, but desire to amend and restate such existing joint exercise of powers agreement as provided herein; and WHEREAS, the parties to this Agreement recognize the need for a public agency to oversee increases in the level of intercity passenger rail service in the travel corridor between San Diego, 50 Los Angeles and San Luis Obispo, and improvements to the facilities that will ensure reduced travel times and that will aid the joint operation of freight and passenger service in the Corridor; and WHEREAS, the Los Angeles-San Diego State Rail Corridor Study Group created· pursuant to Senate Bill 1095 (Chapter 1313, Statutes of 1985) analyzed the feasibility of increasing the level of intercity passenger service in the corridor and instituting commuter rail service from San Clemente to Union Station in Los Angeles and from Oceanside to San Diego; identified and recommended improvements to track and right-of-way to accommodate the higher levels of service; and recommended the creation of a joint exercise of powers agency to oversee the implementation of additional intercity rail passenger service and the necessary track improve- ments; and WHEREAS, rail service on the coast corridor has been extended to Ventura, Santa Barbara, and San Luis Obispo Counties; and WHEREAS, the parties to this Agreement believe that the joint exercise of their powers will provide an organization capable of implementing the recommendations contained in both the State Rail Corridor Study Group's June 1987 report entitled, Los Angeles-San Diego State Rail Corridor Study, and the April 2012 LOSSAN Corridonvide Strategic Implementation Plan and assist related efforts to coordinate corridor rail services and to improve corridor services and facilities; and • WHEREAS, each party to this Agreement is authorized to contract with each other for the joint • exercise of any common power under Article I, Chapter 5, Division 7, Title 1 of the Government Code of the State of California; and WHEREAS, an act to amend Sections 14031.8, 14070.2, 14070.4, and 14070.6 of, and to add Section 14070.7 to, and to repeal and add Article 5.2 (commencing with Section 14072) of Chapter 1 of Part 5 of Division 3 of Title 2 of, the Government Code, relating to transportation and known as the Intercity Passenger Rail Act of 2012 (SB 1225), authorized expansion of the authority of the LOSSAN Corridor Rail Agency, through an amendment to the existing Joint Exercise of Powers Agreement; and WHEREAS, SB 1225 authorizes the Agency, beginning on June 30, 2014, to enter into an Interagency Transfer Agreement with the State of California, with an initial term of three years (Initial Term) commencing with the transfer of the responsibilities for administering state- funded intercity rail passenger service in the LOSSAN Corridor from the State to the Agency; and WHEREAS, the Agency will, through the Interagency Transfer Agreement, succeed to the State's current agreement with Amtrak for the operation of the LOSSAN Corridor Rail Service and may initiate changes in said agreement or, in the future, may, through a competitive solicitation process,. contract with Amtrak, or other organizations not precluded by State or Federal law to provide passenger rail services, to operate the rail service; and LOS SAN Corridor Rail Agency Joint Powers Agreement, 2013 2 51 • • • • WHEREAS, the Agency may contract with one of its Member Agencies, Associate Agencies or any commuter rail agency which uses the same facilities to provide commuter rail services as are used by the intercity passenger rail corridor service, called the Managing Agency, to provide all necessary administrative support to the Agency in order to prepare and negotiate the Interagency Transfer Agreement and to perform the Agency's duties and responsibilities during the Initial Term of the Interagency Transfer Agreement; and WHEREAS, the Agency will initiate a process for selection of a Managing Agency which shall begin upon the effective date of the Agreement as amended per SB 1225 and shall continue during a transition period (Transition Period) until such time as a Managing Agency is selected and contracts with the Agency to serve in that capacity as called for in Section 8.0 below; and WHEREAS, at the conclusion of the Initial Term, the Agency may, through procedures that it determines, select a Managing Agency, for a subsequent three year term to continue to administer the rail service under the direction of the Agency; and WHEREAS, the Managing Agency shall produce a business plan (Business Plan) for approval by the Agency for each of the initial three years of operation of the service which shall describe the methods by which the Agency will administer rail service and seek to increase ridership in the LOSSAN Corridor and which shall be updated and submitted by the Agency to the Secretary of the Business, Transportation and Housing Agency by April1 of each year; and WHEREAS, there are three previous amendments to this JPA, effective 2001,2010, and 2011; NOW THEREFORE, in consideration of the recitals, the parties to this Agreement agree to the following: 1.0 DEFINITIONS 1.1 Agency means the Los Angeles-San Diego-San Luis Obispo Corridor Rail Agency. 1.2 Governing Board or Board means the Board of Directors of the Agency. 1.3 LOSSAN is the acronym for Los Angeles-San Diego-San Luis Obispo. 1.4 Voting member agencies (Member Agency) mean Los Angeles County Metropolitan Transportation Authority, Orange County Transportation Authority, Riverside County Transportation Commission, San Diego Metropolitan Transit System, North County Transit District, San Diego Association of Governments, Ventura County Transportation Commission, Santa Barbara County Association of Governments, and San Luis Obispo Council of Governments. 1.5 Ex-officio non-voting associate agencies (AssoCiate Agency) mean the Southern California Association of Governments, the National Railroad Passenger LOS SAN Corridor Rail Agency Joint Powers Agreement, 2013 3 52 Corporation (Amtrak), California High-Speed Rail Authority and the California Department of Transportation. 1.6 LOSSAN Corridor Rail Service means Pacific Surfliner intercity passenger rail service that operates on the LOSS AN Corridor, which is a 351 mile long intercity and commuter rail corridor, stretching from San Diego in the south, up the coast to Orange County, Los Angeles County, Ventura County, and Santa Barbara County to San Luis Obispo County. 1.7 Regional Transportation Planning Agency means an entity authorized to prepare a regional transportation plan pursuant to Government Code Section 65080. 1.8 Corridor City means a city adjacent to the LOSSAN Corridor right-of-way. 1.9 LOSSAN Regions are defined as North Region: Ventura County, Santa Barbara County and San Luis Obispo County; Central Region: Los Angeles County; South Region: San Diego County; South Central Region: Orange County and Riverside County. 1.10 Fiscal Year means from July 1 to and including the following June 30. • 1.11 California State Rail Plan is prepared every two years by the California Department of Transportation as an examination of passenger and freight rail transportation in California, in accordance with Section 14036 of the Government • Code. 1.12 Member Agency shall mean each of those voting governmental entities set forth in paragraph 1.4 to this Agreement that have executed this Agreement and that have not withdrawn from the Agency. 1.13 Business Plan shall mean the business plan to be submitted by the Agency to the Secretary of the Business, Transportation and Housing Agency covering the initial three year term of the Agreement as mandated by Section 14070.4(b) and updated and submitted annually thereafter. 1.14 Interagency Transfer Agreement shall mean the agreement provided for in Section 14070.2(a) whereby the State of California will transfer all responsibility for administering the LOSSAN Corridor Rail Service to the Agency. 1.15 Interim Workplan shall mean the workplan proposed for the period commencing with the execution of the Managing Agency contract called for in Section 12.0 and ending with the then current fiscal year. 1.16 Initial Term shall mean the period that begins with the transfer of responsibilities from the California Department of Transportation to the Agency and continues for a three-year period. LOSSAN Corridor Rail Agency Joint Powers Agreement, 2013 4 53 • • • • 2.0 3.0 1.17 Managing Agency means the Member Agency or Associate Agency or any commuter rail agency which uses the same facilities to provide commuter rail services as are used by the intercity passenger rail corridor service that has been selected by the Agency and has contracted with the Agency to provide all necessary administrative support to the Agency in order to prepare and assist in negotiating the Interagency Transfer Agreement, and to perform the Agency's duties and responsibilities during the Initial Term of the Interagency Transfer Agreement and any subsequent terms. 1.18 Managing Director means the director of LOSSAN Agency who is an employee of the Managing Agency. The Managing Director reports to and serves at the pleasure of the Governing Board. 1.19 Transition Period means the time period beginning with the effective date of the 2013 amendment to this Agreement in or around January 2013 and continuing until the effective date of a contract between the Agency and the Managing Agency to provide Managing Agency services to the Agency as called for in Section 12.0 below. CREATION OF AGENCY There is hereby created an organization to be known as the Los Angeles-San Diego-San Luis Obispo Rail Corridor Agency, hereafter Agency, which shall be a public entity separate and apart from any member agency. The Agency shall be governed by the terms of this Joint Powers Agreement and any Bylaws passed and adopted by its Governing Board. PURPOSES The specific purposes for the creation of the Agency and the exercise of common powers are as follows: 3.1 Administer and manage the operations of the LOSSAN Corridor Rail Service as part of the California Passenger Rail System. 3.2 Plan, program, and fund improvements for intercity rail passenger services and facilities in the LOSSAN Corridor, including the acquisition or leasing of right- of-way, stations and station sites; the leasing or acquisition of equipment; and related activities. 3.3 Negotiate for and accept funds to be expended for the purpose of providing and improving intercity rail passenger services and activities. 3.4 Review and comment on facility, service, and operational plans and programs of the agency or agencies operating commuter rail service in the LOSSAN Corridor . LOSSAN Corridor Rail Agency Joint Pawers Agreement, 2013 5 54 3.5 Coordinate facility, service, and operational plans and programs with other organizations, providing rail passenger service in the Southern California Region or with whom the Agency may share common facilities, including the agency or agencies operating commuter rail service in the LOSSAN Corridor, the BNSF Railway and Union Pacific or their successor corporations, the National Railroad Passenger Corporation (Amtrak), California Department of Transportation and the California High Speed Rail Authority. 3.6 Advocate before local, regional, state, and federal officials and agencies for improvements to services and facilities for the corridor. 4.0 POWERS OF THE LOS ANGELES-SAN DIEGO-SAN LUIS OBISPO CORRIDOR RAIL AGENCY As may be necessary for the accomplishment of the purposes of this Agreement, the Agency shall have the power in its own name to undertake the following: 4.1 To exercise in the manner provided by this Agreement the powers common to each of the voting members and necessary to the accomplishment of the purposes of this Agreement. 4.2 To make and enter into contracts. 4.3 To negotiate and approve an Interagency Transfer Agreement whereby the State of California will transfer all responsibility for administering the LOSSAN Corridor Rail Service, including associated feeder bus service, to the Agency. 4.4 To employ agents and employees. 4.5 To contract for the services deemed necessary to meet the purposes of the Agency. 4.6 To acquire, by lease, purchase, or lease-purchase, and to hold and dispose of real and personal property necessary to carry out the purposes of this Agreement. 4.7 To construct, manage, and maintain facilities and services. 4.8 To sue and be sued in its own name. 4.9 To incur debts, liabilities, or obligations. However, the debts, liabilities, and obligations of the Agency shall not constitute any debt, liability, or obligation of any of the Member Agencies that are parties to this Agreement. 4.10 To apply for and accept grants for financial aid pursuant to any applicable state or federal statutes. 4.11 To exercise any of the powers set forth in Section 6508 of the Government Code. In exercising these powers, the Agency is subject to the restrictions upon the LOSSAN Corridor Rail Agency Joint Powers Agreement, 2013 6 55 • • • • • • 4.12 4.13 4.14 manner of exerCismg the powers of the Los Angeles County Metropolitan Transportation Authority or its successor agency. To develop procedures for selecting a Managing Agency and to select such a Managing Agency. To exercise such other powers and to engage in such other activities as are authorized by law and approved by the Governing Board. All powers of the Agency shall be exercised by the Governing Board. 5.0 GOVERNING BOARD OF THE LOS ANGELES-SAN DIEGO-SAN LUIS OBISPO CORRIDOR RAIL AGENCY The composition of the membership of the Governing Board shall be as follows: 5.1 Voting Members of the Governing Board (Member Agencies) The Governing Board shall be selected and composed as follows and each member agency's appointee(s) shall have one vote unless otherwise noted: 5.1.1. Two members appointed by the Los Angeles County Metropolitan Transportation Authority; one from its own membership or former membership, and one from its own membership, former membership or selected by the Authority from a LOSSAN Corridor city. 5.1.2. Two members appointed by the Orange County Transportation Authority selected from its own membership or former membership. 5.1.3. A member appointed by the Riverside County Transportation Commission selected from its own membership or former membership. 5.1.4. A member appointed by the San Diego Metropolitan Transit System selected from its own membership or former membership. 5.1.5. A member appointed by the North County Transit District selected from its own membership or former membership. 5.1.6. A member appointed by the San Diego Association of Governments selected from its own membership or former membership. 5.1.7. While three members of the Governing Board shall represent San Diego County (San Diego Metropolitan Transit System, North County Transit District, and San Diego Association of Governments), these three members shall have a total of two votes. This voting procedure shall be LOS SAN Corridor Rail Agency Joint Powers Agreement, 2013 7 56 specified by separate agreement among the three San Diego County member agencies. 5.1.8. A member appointed by the Ventura County Transportation Commission selected from its own membership or former membership. 5.1.9. A member appointed by the Santa Barbara County Association of Governments selected from its own membership or former membership. 5.1.10. A member appointed by the San Luis Obispo Council of. Governments selected from its own membership or former membership. 5.1.11. Each voting member agency may appoint alternates to serve in the absence of the regular appointee. 5.2 Ex-Officio Members of the Governing Board (Associate Agencies) 5.2.1. The Southern California Association of Governments shall be a non- voting, ex-officio member of the Governing Board and shall designate a representative to the Governing Board. 5.2.2. The National Railroad Passenger Corporation (Amtrak) shall be a non- voting, ex-officio member of the Governing Board and shall designate a representative to the board, preferably from its Board of Directors. 5.2.3. California High-Speed Rail Authority shall be a non-voting, ex-officio member of the Governing Board and shall designate a representative to the board, preferably from its Board of Directors. 5.2.4. The California Department of Transportation (Caltrans) shall be a non- voting, ex-officio member of the Governing Board and shall designate a representative to the board. 5.2.5. Each ex-officio member may appoint alternates to serve in the absence of the regular appointee. 6.0 RELATIONSHIP OF THE LOS ANGELES-SAN DIEGO-SAN LUIS OBISPO CORRIDOR RAIL AGENCY TO EXISTING AND FUTURE COMMUTER RAIL AGENCIES 6.1 The Agency will endeavor to ensure that there is coordination between itself and any commuter rail agency which uses the same facilities to provide commuter rail services as are used by the intercity passenger rail corridor service. 6.2 The parties to this agreement acknowledge and confirm that nothing contained in this Joint Powers Agreement shall abrogate or diminish any then current LOSSAN Corridor Rail Agency Joint Powers Agreement, 2013 8 57 • • • • • • 7.0 6.3 6.4 ownership rights, access and use agreements, funding sources and allocation, operating rights and agreements of any party. The Agency acknowledges and shall respect at all times the precedence established based on the aforementioned and shall not seek or support regulatory or legislative changes or remedies that would materially reduce any then current agreement or right, unless otherwise agreed to by the affected Member Agencies. The parties further agree that the scope of this Joint Powers Agreement is limited to intercity rail service as defined in Department of Transportation regulations. Accordingly, the Agency shall recognize at all times the governing authority of parties that operate services other than intercity rail service and shall not seek or support any regulatory or legislative changes or remedies that would abrogate, diminish, and or materially change the roles and responsibilities of such parties with respect to such services, unless otherwise agreed to by the affected Member Agencies. No party shall be obligated to incur new costs or liabilities relating to commuter and intercity operations other than from its own operations. Enhanced coordination of service shall consider impacts to existing passenger rail service. AGENCY MANAGEMENT DURING THE TRANSITION PERIOD The Intercity Passenger Rail Act of 2012 (SB 1225) authorized the Agency to reconstitute itself with an amended joint powers agreement. Only the Agency operating under the amended joint powers agreement, and not the Agency existing on January 1, 2013, may exercise jurisdiction over intercity rail services on the LOSSAN corridor under an Interagency Transfer Agreement. This Agreement reconstitutes the Agency as anticipated by SB 1225 and establishes significant duties for a Managing Agency who will be selected by, and enter into a contract with, the Agency. One significant duty of the Managing Agency is to assist the Agency in preparing and negotiating an Interagency Transfer Agreement which will allow the transfer of intercity rail services on the LOSSAN corridor from the State of California to the Agency beginning as soon as June 30, 2014. During the Transition Period between the effective date of this Agreement as amended per SB 1225 and the effective date of a contract between the Agency and the Managing Agency, the San Diego Association of Governments will serve as the Transitional Managing Agency. During the Transition Period, the San Diego Association of Governments will provide professional staff assistance to the Agency at a level no greater than it provided during the first half of the fiscal year 2012-2013. Whenever this Agreement establishes duties or appointments for the Man~ging Agency or its officers, those duties or appointments will be the responsibility of the Transitional Managing Agency and its officers during the Transition Period, but only to the extent such duties correspond with the past practice of the Transitional Managing Agency and the Agency or as otherwise required by law . LOS SAN Corridor Rail AgenClJ Joint Powers Agreement, 2013 9 58 8.0 MANAGING AGENCY Subject to the policy direction and control of the Governing Board, and subject further to the terms, conditions and requirements of its contract with the Agency, the Managing Agency shall begin service upon the effective date of its contract and continue through the Initial Term and in that capacity shall provide all necessary administrative support to the Agency. The Managing Director, to be appointed by the Governing Board, shall be an employee of the Managing Agency and an officer of the Agency and shall lead the administrative support duties for the LOSSAN Corridor Rail Service. Employees of the Managing Agency who have as their responsibility the support of the LOSSAN Corridor Rail Service shall report to the Managing Director. The Managing Director shall solicit the input and participation of the other agencies and endeavor to achieve consensus while providing administrative support to the Agency. The Managing Agency staff dedicated to serve the LOSSAN Corridor Rail Service and under the supervision of the Managing Director, as well as the shared Managing Agency administrative support staff, will perform the following duties regarding the administrative support of the Agency: 8.1 Negotiate and recommend the award of all necessary agreements for the Agency, including but not limited to an Interagency Transfer Agreement, agreements for the provision of passenger rail services, and use of tracks and other facilities, subject to approval by the Governing Board; 8.2 Manage all agreements entered into by the Agency; 8.3 Implement projects contained in the approved capital budget unless the administration of particular capital projects is more appropriately managed in another manner, such as by an individual agency or a local government, as determined by the Governing Board; 8.4 Provide for the maintenance and management of such property as may be owned or controlled by the Agency unless the administration of that property is more appropriately managed in another manner, such as by an individual agency or a local government, as determined by the Governing Board; 8.5 Provide a risk management program to cover the Governing Board and each of the agencies in the performance of their duties pursuant to this Agreement, and seek appropriate insurance coverage to implement such risk management program; 8.6 Seek, obtain and administer grants, subject to the provisions of Section 9.0 below; 8.7 Develop and implement marketing programs; 8.8 Prepare and submit financial reports; LOS SAN Corridor Rail Agency Joint Pmoers Agreement, 2013 10 59 • • • • • • 9.0 10.0 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 Prepare for approval by the Governing Board the Business Plan; Report regularly to the Governing Board regarding LOSSAN Corridor issues; Recommend changes in LOSSAN Corridor Rail Service fares and the collection of fares to the Agency; Recommend changes in scheduling and levels of service to the Agency; Prepare and implement changes in scheduling and fares, subject to required public involvement; Prepare capital and operating budgets for presentation to the Agency; Facilitate interaction with other entities involved in operation, construction and renovation of the LOSSAN Corridor Rail Service; and Negotiate with any other public or private transportation providers as necessary to ensure coordinated service with the LOSSAN Corridor Rail Service. SOLICITATION OF GRANTS The Managing Agency shall pursue any and all sources of funding for the Agency; provided, however, that neither the Managing Agency, on behalf of the Agency, nor the Governing Board shall apply for Transportation Development Act Funds as defined in Chapter 4, Part 11, Division 10 of the California Public Utilities Code or for any conflicting funding that any Member Agency is also an applicant or approving Member Agency for without the express consent of that Member Agency. BUDGET AND FUNDING 10.1 The Managing Agency shall prepare and submit to the Governing Board for approval within thirty days of the effective date of its contract with the Agency the Interim Workplan, which shall include recommendations for start-up funding needs and sources of funding therefor. 10.2 The Managing Agency shall prepare and submit to the Governing Board for approval a preliminary operating and capital budget for the succeeding fiscal year by April I of each year which is consistent with the prior Business Plan submitted. Upon receipt of an annual allocation from the State, the Agency shall by resolution adopt a final budget at the next regularly scheduled meeting of the Governing Board. The fiscal year shall be July 1 of each year to and including the following June 30. The budget shall include separate components for Managing Agency administration costs, operations, and capital costs anticipated to be incurred by the Agency during the fiscal year. The annual budget resolution shall set forth the authority of the Managing Agency to make capital and LOS SAN Corridor Rail Agency Joint Pmoers Agreement, 2013 11 60 operating expenditures during the fiscal year, subject to such policy guidelines as the Governing Board may establish. 10.3 It is the intent of the Agency to fully fund the annual budget from State and other non-Agency funding sources, such as fares and other operating revenues. The Agency shall not operate at a deficit. 10.4 No funding, debt, or financial obligation is created against any agency solely as a consequence of executing this Agreement and no funding, debt, or financial obligation approved by the Governing Board and/ or incurred by the Agency shall be binding against a Member Agency unless and until ratified by that Member Agency's governing body. 11.0 LIABILITY OF AGENCY, OFFICERS AND EMPLOYEES The debts, liabilities, and obligations of the Agency shall not be the debts, liabilities and obligations of any of the Member Agencies, the Managing Agency or any of their respective members, officers, directors, employees or agents. Any obligations incurred by any bonds issued by the Agency as set forth in Section 4.9 above shall not constitute general obligations of the Agency but shall be payable solely from the moneys pledged to the repayment of such obligations or the repayment of principal or interest on such bonds under the terms of the resolution, indenture, trust agreement, contract or other instrument pursuant to which the obligation is incurred or the bonds are issued. The • Agency and the Managing Agency, their directors, officers, employees, staff and agents • shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No agency or Agency member, officer, director or employee shall be responsible for any action taken or omitted by any other agency or Governing Board member, officer, director or employee. The Agency shall indemnify, defend and hold harmless the Governing Board, the individual Member Agencies, their members, officers, directors, employees and agents from and against any and all liability, loss, damage, expenses, costs (including, without limitation, costs and fees of litigation or arbitration) of every nature, arising out of any act or omission related to this Agreement, except such loss or damage which was caused by the willful misconduct of the Governing Board or any individual member agency. The Agency's duty to indemnify each Member Agency shall survive that member agency's withdrawal from the Agency. 12.0 SERVICES BY MANAGING AGENCY Subject to the provisions of Section 8 above, the Agency shall enter into a formal contract with the Managing Agency for the services it will perform pursuant to this Agreement, and the compensation for such services. 13.0 EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect upon its execution by the Chairs of the Los Angeles County Metropolitan Transportation Authority, the Orange County Transportation LOS SAN Corridor Rail AgenC1J Joint Powers Agreement, 2013 12 61 • • • • 14.0 Authority, the Riverside County Transportation Commission, the San Diego Metropolitan Transit System, the North County Transit District, the San Diego Association of Governments, the Ventura County Transportation Commission, the Santa Barbara County Association of Governments and the President of the San Luis Obispo Council of Governments, pursuant to resolutions of each body authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein, however, in no event shall the Agreement become effective prior to January 2, 2013. OFFICERS AND APPOINTEES OF THE GOVERNING BOARD AND THE AGENCY 14.1 The officers of the Governing Board, selected from among its voting membership, shall be a Chair and Vice-Chair. The term of office shall be one year. 14.2 The officers of the Agency shall be: 14.2.1. The Treasurer of the Managing Agency, designated by a majority of a quorum of the Governing Board, may serve as the Treasurer of the Agency. The Treasurer shall be the depository of funds and have custody of all funds of the Agency from whatever source. 14.2.2. The Auditor of the Managing Agency, designated by a majority of a quorum of the Governing Board, may serve as the Auditor-Controller of the Agency. The Auditor-Controller shall draw warrants or check- warrants against the funds of the Agency in the Treasury when the demands are approved by the Governing Board of Directors or such other persons as may be specifically designated for the purpose in the Bylaws. 14.2.3. The Managing Director shall be an employee of the Managing Agency and serve at the pleasure of the Governing Board. The Governing Board shall appoint such a Managing Director by a majority vote of a quorum of the Governing Board. The Agency shall obtain an official bond in an amount determined by the Governing Board guaranteeing faithful performance of the Managing Director's duties. Pursuant to the LOSSAN Agency Bylaws, and pursuant to the terms, conditions and requirements of the contract with the Managing Agency, the Managing Director will have the authority to hire and fire employees consistent with the Managing Agency personnel policies, recommend personnel classifications, oversee the assignments and other personal actions for the Managing Agency employees designated to support the LOSSAN Corridor Rail Service. The Managing Director will also recommend to the Governing Board the Managing Agency contractors to the LOSSAN Corridor Rail Service and will direct their activities . LOS SAN Corridor Rail Agency Joint Powers Agreement, 2013 13 62 14.2.4. The Auditor-Controller and the Treasurer shall comply with all duties imposed under Article 1, Chapter 5, Division 7, Title I, of the California Government Code commencing with Section 6500. 14.2.5. Upon providing reasonable notice, any agency shall have the right to review any records maintained by the Managing Agency or the Managing Agency's Auditor-Controller and/ or Treasurer relating to the performance of their duties pursuant to this Agreement. 15.0 FUNDING FOR THE AGENCY In addition to any funds derived from grants provided for in Section 4.10 of this Agree- ment, the voting member agencies shall consider, through their agency's budgetary process, contribution of funds necessary to carry out the purposes and powers of the Agency, consistent with the Agency's adopted budget and any cost sharing formula adopted by the voting member agencies. 16.0 QUORUM At least five of the voting member agencies of the Governing Board, including at least one voting member from each of the LOSSAN Regions shall constitute a quorum for the transaction of business and all official acts of the Agency. 17.0 VOTING 17.1 A supermajority vote requires eight (8) affirmative votes of the voting membership of the Governing Board, which includes at least one vote of the voting membership from each of the LOSSAN Regions. 17.2 Topics that require a supermajority vote (eight (8) affirmative votes of the voting membership of the Governing Board which includes at least one vote from each of the LOSSAN Regions), include: 17.2.1. Recommending changes to the LOSSAN Agency legislation; 17.2.2. Recommending amendments to the Joint Powers Agreement regarding membership of the LOSSAN Agency Governing Board; 17.2.3. Recommending amendments to the Joint Powers Agreement regarding voting structure of the LOSSAN Agency Governing Board; 17.2.4. Approval and changes to the LOSSAN Agency Bylaws; 17.2.5. Reduction of LOSSAN Corridor Rail service; and 17.2.6. Establishment of br changes to cost sharing formulas. LOS SAN Corridor Rail AgenC1J Joint Pmuers Agreement, 2013 63 14 • • • • 17.3 All other topics require a majority vote of a quorum of the Governing Board at any regular, adjourned or special meeting where a quorum has been constituted for the transaction of business. 18.0 RALPH M. BROWN ACT All meetings of the Agency shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). 19.0 FILING WITH SECRETARY OF STATE As required by Section 6503.5 of the California Government Code, an appropriate notice of this Agreement shall be filed with the Secretary of State within thirty days of its effective date. 20.0 BYLAWS The Governing Board may adopt and amend from time to time Bylaws as may be required for the conduct of its meetings and the orderly operation of the Agency. 21.0 COMMITTEES • The Governing Board shall create the following committees: • 21.1 The Governing Board shall form a Technical Advisory Committee (TAC) to review on behalf of the Governing Board technical issues associated with the improvements in passenger rail service and related facilities in the LOSSAN Corridor, including stations and rights-of-way, the coordination of public mass transit services and facilities, the coordination of passenger and freight services in the Corridor and other technical matters. The membership of the Committee is authorized in the Bylaws. 21.2 The Governing Board shall form an Executive Committee. There shall be a maximum of four (4) voting members including the Chair, Vice-Chair and Past Chair if available or one person appointed by the Governing Board with the Managing Director serving as a non-voting member. Among these members, there shall be at least one member from the LOSSAN North Region. The Executive Committee will meet as needed. 21.3 The Governing Board shall form other committees as are necessary. 22.0 COOPERATION WITH OTHER AGENCIES 22.1 In order to conserve fiscal resources, the Governing Board shall take actions to ensure that the technical expertise, results of previous analysis related to passenger rail service in the LOSSAN Corridor, information bases, and other LOS SAN Corridor Rail Agency Joint Powers Agreement, 2013 15 64 data available from member and other relevant agencies shall, to the extent feasible, be fully utilized. 22.2 In order to ensure that improvements to intercity rail passenger services and facilities are consistent with the California State Rail Plan, the Agency shall submit an annual plan or program for expenditures in the Corridor prior to the beginning of each fiscal year to the California Department of Transportation. In order to coordinate improvements with the LOSSAN Corridor's Regional Transportation Planning Agencies (RTPAs), this annual plan or program for expenditures shall be submitted to the Southern California Association of Governments, San Diego Association of Governments, Santa Barbara County Association of Governments and San Luis Obispo Council of Governments. Each RTP A shall determine whether or not the annual plan or program is consistent with the Regional Transportation Plan for its area of jurisdiction. The Agency shall submit an annual plan or program for expenditures in the Corridor to Amtrak, for its review when developing its Strategic Guidance and Three-Year Financial Plan. 23.0 WITHDRAWAL BY MEMBER OR ASSOCIATE AGENCY 23.1 Notwithstanding any other provision of this Agreement, any Member Agency or Associate Agency may withdraw from the Agency by giving ninety (90) days advance written notice to the Governing Board. Any withdrawal from the Authority will also constitute withdrawal from the Governing Board. 23.2 The rights and obligations of any agency so withdrawing from the Agency and the Governing Board shall be determined by negotiation between the Governing Board and the withdrawing member agency. In the event that the Governing Board and the withdrawing Member Agency or Associate Agency cannot agree upon the rights and obligations of the withdrawing Member Agency, such rights and obligations shall be determined by arbitration pursuant to Section 28.0, below. 24.0 DURATION OF AGREEMENT AND TERMINATION This Agreement shall continue in full force and effect until such time as the Member or Associate Agencies and the Governing Board determine that it is in the public interest to dissolve the Agency. Notwithstanding the foregoing, any of the Member or Associate Agencies may exercise its prerogative to terminate its membership in the Agency as set forth in Section 23.0, above. Upon termination of this Agreement by mutual consent of all the Member and Associate Agencies, all assets, liabilities and equity of the Governing Board shall be distributed in accordance with the provisions of the Interagency Transfer Agreement and any other agreements authorized by the Governing Board governing such distribution, and any remaining money or assets in possession of the Agency after the payment of all liabilities, costs, expenses, and charges validly incurred under this Agreement shall be returned to the Member or Associate Agencies in proportion to their contributions, if any, determined as of the time of termination. LOS SAN Corridor Rail Agency Joint Powers Agreement, 2013 16 65 • • • • • • 25.0 NOTICE Addresses of the parties to the Agreement for the purpose of formal communications among the signatories: Los Angeles County Meh·opolitan Transportation Authority 1 Gateway Plaza Los Angeles, CA 90012-2952 (213) 922-3041 Orange County Transportation Authority 550 S. Main St. P.O. Box 14184 Orange, CA 92863-1584 (714) 560-6282 Riverside County Transportation Commission 4080 Lemon Street, 3rct Floor P.O. Box 12008 Riverside CA 92502-2208 (951) 787-7141 North County Transit District 810 Mission Avenue Oceanside, CA 92054 (760) 967-2828 San Diego Metropolitan Transit System 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101 (619) 231-1466 California Department of Transportation P.O. Box 942874 Sacramento, CA 94274-0001 (916) 323-0742 Southern California Association of Governments 818 W 7th Street, 12 Floor Los Angeles, CA 90017-3435 (213) 236-1800 San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 . (619) 595-5300 LOSSAN Corridor Rail AgenClJ Joint Powers Agreement, 2013 66 17 Ventura County Transportation Commission 950 County Square A venue, Suite 207 Ventura CA 93003 (805) 642-1591 Santa Barbara County Association of Governments 260 North San Antonio Road, Suite B Santa Barbara CA 93110 (805) 961-8900 San Luis Obispo Council of Governments 1114 Marsh Street San Luis Obispo, CA 93401 (805) 781-4219 National Railroad Passenger Corporation (Amtrak) 510 Water Street, 5th Floor Oakland CA 94607 (510) 238-4300 California High-Speed Rail Authority 770 L Street, Suite 800 Sacramento CA 95814 (916) 324-1541 26.0 AUDIT The Agency shall provide for the accountability of all funds and shall provide for an annual audit pursuant to Section 6506 of the Government Code. 27.0 AMENDMENTS TO THE AGREEMENT This Agreement may be amended at any time by approval of the boards of all voting Member Agencies. 28.0 ARBITRATION 28.1 In the event of a dispute between the Agency, the Managing Agency, Member Agency or any other agency, which cannot be satisfactorily resolved by those parties, said dispute shall be submitted to arbitration by a panel of three arbitrators who shall conduct the arbitration pursuant to the rules of the American Arbitration Association. The panel of arbitrators shall consist of one arbitrator appointed by each of the disputants, the third arbitrator to be appointed by mutual consent of the other two arbitrators. The arbitration panel shall resolve the dispute in accordance with the terms of this Agreement, and such resolution shall be final and binding upon the parties. Each party shall bear LOS SAN Corridor Rail Agency Joint Powers Agreement, 2013 18 67 • • • • • • 28.2 its own costs of arbitration, including reasonable attorney's fees. The cost of the third arbitrator shall be divided equally between the disputants. Unless otherwise agreed by the disputants, only disputes regarding a disputant's rights and obligations arising under the terms of: (i) this Agreement, or (ii) any other agreement between the disputants in which this arbitration provision is incorporated by reference shall be subject to arbitration pursuant to Section 30.1, above. 29.0 CONFLICT OF INTEREST CODE The Agency by resolution shall adopt a conflict of interest code as required by law. 30.0 SUCCESSOR STATUTES 31.0 All statutes cited herein shall be deemed to include amendments and/ or successor statutes to the cited statUtes as they presently exist. AGREEMENT, COMPLETE This Agreement constitutes the full and complete Agreement of the parties. This Agreement shall supersede the Joint Powers Agreement to establish the Los Angeles - San Diego Rail Corridor Agency dated February 6, 1989 and subsequent amendments adopted prior to the dates indicated below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by autho- rized officials on the dates indicated below. 32.0 COUNTERPARTS This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement. LOS SAN Corridor Rail Agency Joint Pmvers Agreement, 2013 19 68 [AGENCY NAME HERE] Chair Date I HEREBY CERTIFY that the attached is a true and correct copy of the original document approved by the Board of Directors: Clerk of the Board Date LOSSAN Corridor Rail Agency Joint Pmuers Agreement, 2013 69 • • 20 • • AGENDA ITEM 7C • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 9, 201 3 TO: Riverside County Transportation Commission FROM: Robert Yates, Multimodal Services Director THROUGH: Anne Mayer, Executive Director SUBJECT: Riverside Transit Agency's Fiscal Year 2012/13 Short Range Transit Plan Amendments STAFF RECOMMENDA TJON: This item is for the Commission to: 1) Approve modifications to Riverside Transit Agency's (RTA) FY 2012/13 Short Range Transit Plan (SRTP) and capital budget to: a) Redirect $4,560,975 of residual Transportation Unif.orm Mitigation Fee (TUMF) from the Riverside Transit Center to the Twin Cities Transit Center project; b) Redirect $1,329,592 of residual TUMF from the Corona Transit Center c) d) e) f) g) h) i) j) to the Twin Cities Transit Center project; Redirect $2,501,000 in previously programmed Federal Transit Administration (FTA) Section 5309 earmark funding from the Riverside Transit Center to the Alternative Transit Center project; Redirect $215,242 of previously programmed FTA Section 5307 TE funding from the Riverside Transit Center to the Alternative Transit Center project; Program $585,084 of Local Transportation Funds (L TF) as local match to the Alternative Transit Center project federal funding; Redirect $54,000 of residual previously programmed State Transit Assistance (ST A) funding from the Riverside Transit Center to the Alternative Transit Center project; Redirect $2,736 in efficient energy grant funds from the Corona Transit Ce~ter to the Alternative Transit Center Project; Program $2.4 million of FTA Section 5308 Clean Fuels Grant Funds toward the purchase of 40-foot compressed natural gas (CNG) heavy duty buses; Redirect $2.4 million in LTF from the purchase of the 40-foot heavy duty buses toward the Twin Cities Transit Center Project; Program $9,022,707 of Proposition 1 B Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds toward the purchase of 40-foot heavy duty buses; Agenda Item 7C 70 2) k) Program $1,490,132 million of Proposition 1 B California Transit Security Grant Program-California Transit Assistance Fund (CTSGP- CT AF) funds for security improvements at various RT A facilities; and Direct staff to work with the Southern California Association of Governments (SCAG) to execute an amendment to the Federal Transportation Improvement Plan (FTIP) to incorporate the changes for each transit center and the bus purchase. BACKGROUND INFORMATION: At its July 2012 meeting, the Commission approved and adopted the FY 2012/13 transit operating and capital funding allocation for Riverside County based on the FY 2012/13 SRTP updates prepared by the eight transit operators providing public transit services in the county. Federal and State Funding Awards RTA recently received notification of selection for a $2.4 million federal grant under the FTA Section 5308 Clean Fuels Program. RTA also received $9,022,707 and $1,490,132 of state bond funds from the FY 2010/11 PTMISEA and the FY 2009/10 and FY 2010/11 CTSGP-CTAF Proposition 1 B grant programs, • respectively. Accordingly, these federal and state funds awarded need to be • programmed. Riverside Transit Center/Twin Cities Transit Center The Riverside Transit Center is currently funded with a mix of federal and local funds including $4.56 million in TUMF. At its October 25, 2012 meeting, the RTA Board directed RT A staff to redirect the remaining TUMF funding from the Riverside Transit Center to the Twin Cities Transit Center project, which will be located near the cities of Murrieta and Temecula. In addition, the RTA Board also directed RTA staff to redirect $1.33 million of residual TUMF from the now-completed Corona Transit Center to the Twin Cities Transit Center project. Finally, the RTA Board directed RTA staff to redirect $2.4 million of L TF from the heavy duty CNG bus purchase to the Twin Cities Transit Center project in lieu of the notification of being selected to receive $2.4 million of FTA Section 5308 Clean Fuels funding for the bus purchase. These actions serve to fully fund the Twin Cities Transit Center project. Further, the RTA Board directed RTA staff to redirect $2,716,000 of federal funding assigned to the Riverside Transit Center for an Alternative Transit Center project and seek a local match of $585,084 from the Commission. These actions serve to protect the federal funding while a suitable site to replace the Riverside Transit Center is studied and identified. Agenda Item 7C 71 71 • • • • 40-Foot Heavy Duty Bus Purchase RT A, over the past two fiscal years, programmed L TF funds to be used toward the purchase of 40-foot replacement CNG vehicles. Given the age and mileage of the RTA fleet, along with the fact that the fleet is facing CNG tank certification deadlines, the bus purchase is critical to continue efficient operations. Obtaining state and federal grant funds alleviates the need to use much of the programmed L TF for bus purchases and frees those funds up for other uses, namely in this case, the Twin Cities Transit Center as previously discussed. Financial Impact Staff reviewed RT A's revised plan and recommends approval of its capital funding modifications and related amendments to the FY 2012/13 SRTP. Since the federal, TUMF regional transit, and Proposition 1 8 funds are directly allocated to RT A, the only financial impact to the Commission is the allocation of L TF. There is sufficient L TF budgeted for Western County bus transit in FY 2012/13 to cover the net LTF funding required of $585,084 without the need for a budget adjustment. Therefore, there is no financial impact to the Commission with the approval of the SRTP amendments as requested. Staff will work with SCAG to update the FTIP for these amendments . Financial Information In Fiscal Year Budget: l Yes [ Year: I FY 2012/13 Amount: I $585,084 L TF (Western Riverside) Budget Adjustment: I No lr--------.----~-- GLA No.: 102 Fiscal Procedures Approved: I ~~ I Date: I 12/19/12 Attachments: 1) RT A FY 201 2/13 Operating and Capital Assistance by Funding Source 2) RT A Board Report 3) RTA SRTP Amendment Request Letter Dated November 27, 2012 Agenda Item 7C 72 72 • • Riverside Transit Agency FY 2012/13 Operating and Capital Assistance by Funding Source Table 2 · Capital Assistance Table 2a. Currently Approved Capital Funding Plan LTF Western Section 5307 Total Amount County • Riv-San Section 5308 -Project Description of Funds LTF Reserve STA Bernardino Clean Fuels Revenue Vehicles -DO Heavy Duty 16,174,644 7,674,644 5,500,000 3,000,000 Revenue Vehicles -(7) COFR Aero Elite 1 '176,088 235,218 940,870 Non-Revenue Vehicles-(1) Support Vehicle 24,200 4,840 19,360 Capital Maintenance Spares 1,241,000 248,200 992,800 Capitalized Tire Lease 263,617 52,723 210,894 TE -Bus Stop Amenities 150,000 30,000 120,000 Support Equipment 145,650 29,130 116,520 Information Systems 36,054 7,211 28,843 -----Total: Capital $19,211,253 $0 $7,674,644 $6,107,322 $5,429,287 $0 Table 2b. Modified Capital Funding Plan LTF Western Section 5307 Total Amount County -Riv-San Section 5308 -Project Description of Funds LTF Reserve STA Bernardino Clean Fuels Revenue Vehicles -DO Heavy Duty 22,797,351 5,274,644 5,500,000 3,000,000 -Revenue Vehicles -(7) COFR Aero Elite 1 '176,088 235,218 940,870 Non-Revenue Vehicles-(1) Support Vehicle 24,200 4,840 19,360 Capital Maintenance Spares 1,241,000 248,200 992,800 Capitalized Tire Lease 263,617 52,723 210,894 TE -Bus Stop Amenities 150,000 30,000 120,000 Support Equipment 145,650 29,130 116,520 Information Systems 36,054 7,211 28,843 -Security Projects -Prop 1 B 1 ,490,132 Corona Transit Center (1 ,329,592) Riverside Trahsit Center/Alternative (3,975,891) 585,084 -Twin Cities Transit Center · 10,690,567 2,400,000 2,400,000 Total: Capital $32,709,176 ' $0 $8,259,728 $6,107,322 $5,429,287 $2,400,000 ---------------DTFF"ERENCE BET. CURRENTLY APPROVED & MODIFIED CAPITAL PLAN $13,497,923 $0 $585,084 $0 $0 $2,400,000 73 • Section Prop 1B Prop 1B 5309 TUMF PTMISEA Security ! ~. $0 $0 $0 L_ ____ $0 Section Prop 1B Prop 1B 5309 TUMF PTMISEA Security 9,022,707 1 ,490,132 (1 ,329,592) -(4,560,975) 5,890,567 $0 $0 $9,022,707 $1,490,132 $0 $0 $9,022,707 $1,490,132 • • • TO: THRU: FROM: RIVERSIDE TRANSIT AGENCY 1825 Third Street Riverside, CA 92507 October 25, 2012 BOARD OF DIRECTORS Larry Rubio, Chief Executive Officer Craig Fajnor, Chief Financial Officer Gordon Robinson, Director of Planning SUBJECT: Authorization to Amend the Transportation Uniform Mitigation Fee (TUMF) Transportation Improvement Program (TIP) and Program of Projects (POP) for Fiscal Year 2013 (FY13) through 2017 (FY17) tore- direct TUMF Funding from the Riverside Transit Center Project; Authorize staff to work with the Federal Transit Administration (FTA) to re-direct Federal funding from the Riverside Transit Center project as currently contemplated; and, Authorize staff to work with the Riverside County Transportation Commission (RCTC) to amend the FY13 Capital Budget and Short Range Transit Plan (SRTP} Summary: The Riverside Transit Center project is currently funded with approximately $7.515 million in federal and local funds, including $4.564 million in TUMF funds. The remaining unspent funding is $7.421 million. At the September 27, 2012 Board of Directors meeting, the Board approved staff's recommendation to negotiate a cooperative agreement with the City of Riverside and appropriate the following funds as outlined below: • Allocate $2,716,252 in Federal funds and up to $1,800,000 in TUMF funds toward the redevelopment and expansion of the Agency's existing transit center in the City of Riverside. • Authorize staff to issue Request for Proposals (RFP) to advance this project. The remaining funding would be re-directed to the Twin Cities Transit Center project. As a result of the actions of the City of Riverside subsequent to the September 27, 2012 Board meeting, the Executive Committee of the Board of Directors met on October 12, 2012 to discuss the future direction of the Riverside Transit Center project and, in a broader sense, the longer term vision of the Agency and its operational configuration. After discussing the topic at length, the committee is recommending that all remaining funding currently programmed for the 74 rehabilitation and expansion of the downtown Riverside terminal location be re-directed to an alternate location or use provided that it comports with the regulated use of the various funding sources. As such, staff is recommending and seeking approval for the following action plan: 1. Re-direct the remaining Federal funds ($2.716 million) from the Riverside Transit Center project to another project acceptable to the FT A Project concepts include, but are not limited to, additional funding of revenue vehicles and an alternative operating site. Staff will be required to work with the FTA on amending the various grants containing the residual federal funding. · 2. Re-direct residual Riverside Transit Center TUMF funds ($4.561 million) to the Twin Cities Transit Center in the FY13 through FY17 TUMF TIP and POP (TUMF TIP}, which is anticipated to be approved by the Board in December 2012. To meet critical short-term Transportation Control Measure (TCM) deadlines in the region, the Agency must complete the Twin Cities Transit Center by December 31, 2015 or face regional non-compliance • funding status with the RCTC and the Southern California • Association of Governments (SCAG). TUMF funding not programmed in the current TUMF TIP will be programmed to alternative projects in the annual update. 3. Re-direct residual Riverside Transit Center local funds ($0.057 million) to the alternative project. With the changes outlined in this report, the Twin Cities Transit Center will be funded at a level of $9.136 million. The re-direction of the TUMF funding described in #2 above would substantially fund the Twin Cities Transit Center project and effectively program all TUMF funding represented in the TUMF TIP. Based on these changes, as well as other items independent of the circumstances of the Riverside Transit Center, staff is requesting approval to amend the Agency's FY13 Capital Budget and SRTP in order to program funds as follows: 1. Re-direct $4.561 million of residual TUMF from the Riverside Transit Center project to the Twin Cities Transit Center project 75 • • • • 2. Re-direct $1.330 million of residual TUMF from the completed Corona Transit Center project to the Twin Cities Transit Center project, as included in the current TUMF TIP 3. Program $2.400 million of FT A Section 5308 Clean Fuels grant funds for and toward the purchase of 97 40-foot heavy- duty CNG buses; this supplants $2.400 million of Local Transportation Funds (L TF) currently programmed toward the bus replacement/expansion project 4. Re-direct $2.400 million of the L TF discussed in #3 above from the purchase of 97 40-foot heavy-duty CNG buses to the Twin Cities Transit Center project 5. Re-direct the $2:716 million of residual federal funding from the Riverside Transit Center project to an alternative project of the Board's choice and FT A concurrence 6. Program $0.585 million of the L TF to the Riverside Transit Center alternative project as local match funding for the federal funding described in #5 above 7 . Re-direct the $0.057 million of residual local funding from the Riverside Transit Center project to an alternative project of the Board's choice and FT A concurrence as local match funding for the federal funding described in #5 above 8. Program $9.023 million of Proposition 1 B PTMISEA funds for and toward the purchase of 97 40-foot heavy-duty CNG buses 9. Program $1.490 million of Proposition 1 B Security funds for security improvements at Agency facilities; If approved by the Board, staff will submit these requests to WRCOG and RCTC for consideration. If approved by RCTC, RCTC will submit these changes to SCAG for modification of and subsequent FTA approval for the current Federal Transportation Improvement Program (FTIP) to include these project updates. WRCOG's approval would be achieved through the annual TUMF TIP amendment process . 76 Fiscal Impact: At the Board Budget and Finance Committee of October 3, 2012, a different financial plan was presented, discussed and approved for consideration by the full Board of Directors based on the September 27, 2012 Board action. With the direction provided by the Executive Committee on October 12, 2012, the above plan was developed. The current Board approved FY13 Capital Budget is $19,211,253. With the changes discussed above, the FY13 Capital Budget will increase by $13,497,923 to $32,709,176. Committee Recommendation: This item was discussed at the Board Executive Committee meeting of October 12, 2012. The Committee members unanimously approved and recommended this item to the full Board of Directors for their consideration. Recommendation: • Direct staff to work with WRCOG to re-direct TUMF funding from the Riverside Transit Center project to the Twin Cities Transit Center project within the TUMF TIP. • Approve amendments to the FY13 Capital Budget and SRTP as discussed above and direct staff to seek final approval from RCTC. • Direct staff to work with RCTC and SCAG to incorporate approved SRTP amendments into FTIP based on approval from RCTC and SCAG. • Authorize staff to enter into Reimbursement Agreements with WRCOG for TUMF-eligible projects and in amounts depicted in the amended TUMF TIP. 77 • • • • • • :--Jovember 27, 2012 Mr. Robert J. Yates Director, Multimodal Services Attn: Fina Clemente, Program Manager Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor, Riverside, CA 92501 Dear MY::.es~e.r.f. Riverside Transit Agency 1825 Third Street P.O. Box 59968 Riverside, CA 92517-1968 Phone: (951) 565-5000 Fax: (951) 565-5001 This letter serves as a formal request to amend the Riverside Transit Agency's (RTA) FY2012/2013 (FY13) Short-Range Transit Plan (SRTP) and Capital Budget. The Agency's Board of Directors approved and directed this FY13 SRTP amendment at their October 25,2012 meeting. Enclosed for your reference are the staff report and modified Table 4 depicting the changes requested . Please call if you have any questions or require additional information. CF/kb Enc.: as noted 78 • AGENDA ITEM 70 . • . \ • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 9, 201 3 TO: Riverside County Transportation Commission FROM: Tanya Love, Goods Movement Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2010 Appropriations -Alameda Corridor East - Riverside Avenue Grade Separation Project STAFF RECOMMENDATION: This item is for the Commission to reallocate $674,500 in federal funds to the city of Riverside (Riverside) in support of the Riverside Avenue grade separation project. BACKGROUND INFORMATION: The FY 2009/1 0 consolidated appropriations bill identified funding in the amount of $1 ,349,000 for grade separation projects located in Riverside County, on the Alameda Corridor East. In March 2010, the Commission allocated the funding - $674,500 to the city of Corona in support of Auto Center Drive and $674,500 to Riverside in support of the Streeter Avenue grade separation project. At this time, Riverside is requesting the $674,500 in federal funds be reallocated from the Streeter Avenue project to the Riverside Avenue grade separation project to support the construction phase. The Riverside Avenue project will grade separate the Union Pacific Railroad at an estimated cost of $35.4 million. Riverside received an $8.5 million allocation in Proposition 1 B Trade Corridor Improvement Funds (TCIF). Under the terms of the TCIF program, the project must start construction no later than December 31, 2013, in order to qualify for the Proposition 1 B funding. Riverside continues to have an estimated $3.8 million funding shortfall in the project's construction phase; however, staff is working closely with the California Transportation Commission to shift unobligated Proposition 1 B funds to cover the funding shortfall. At this time, funding to cover the remaining shortfall is not requested pending further discussions. There is no financial impact to the Commission's budget as the federal funding does not flow through the Commission . Agenda Item 70 79 • AGENDA ITEM 8 • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 9, 2013 TO: Riverside County Transportation Commission FROM: Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 201211 3 Mid-Year Revenue Projections STAFF RECOMMENDATION: This item is for the Commission to: 1 ) Approve the mid-year revenue projections for FY 201 211 3; 2) Approve the budget increase adjustments to Measure A revenues of 3) 4) $9 million and expenditures of $3,827,000, to reflect the revised Measure A projections; Approve the budget increase adjustments to Local Transportation Fund (L TF) revenues and transfers in of $5,051,400, and expenditures and transfers out of $676,700 to reflect the revised LTF projections; and Approve the budget increase adjustments to Transportation Uniform Mitigation Fee (TUMF) revenues of $2.3 million to reflect the revised TUMF projections. BACKGROUND INFORMA T/ON: Prior to the beginning of FY 2012/13, staff made projections regarding the revenue to be received from Measure A, LTF, and TUMF funds for budget purposes. Staff tracks the Measure A, L TF, and TUMF revenues on a monthly basis. Current trends indicate that Measure A and L TF receipts are about 13.1 percent and 11.8 percent higher, respectively, for the six months ended December 31, 2012, 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 2011/12, which reflected an increase of 9.35 percent and 9.52 percent in Measure A and LTF revenues, respectively, from the FY 201 0/11 levels. TUMF revenues have increased 148 percent for the four months ended October 31, 2012, compared to the same period last year. Recovery from the nationwide recession in the local economy has been slow; however, there are signs that the Inland Empire economy is moving in the right direction. Sales tax revenues have rebounded from the recent economic downturn's low point in 2010 and have increased for 12 consecutive quarters through the second quarter of 2012. The unemployment rate has been decreasing, Agenda Item 8 80 and job growth indicators are somewhat encouraging. The housing market is • showing improvement with price appreciation and increases in building permits- especially multi-family housing. Accordingly, staff has taken a conservative approach to this year's mid-year projection analysis based on the revenue trend noted through December 2012. Staff recommends that the Commission increase the current year revenue projections for Measure A and L TF approximately 4.5 percent and 4.4 percent, respectively, above prior year revenues and to increase the TUMF revenue projection to approximate prior year revenues as follows: FY 2012/13 Revised for Increase Revenue Original FY 2012/13 Mid-Year (Decrease) Projections (January 2012) Budget Adjustment from Budget Measure A $ 124,000,000 $132,000,000 $ 141,000,000 $ 9,000,000 LTF 61,000,000 65,000,000 69,500,000 4,500,000 TUMF 4,000,000 4,000,000 6,300,000 2,300,000 For reference purposes, audited revenues for FY 2011/12 were approximately $134,984,300 (Measure A), $66,556,700 (LTF), and $6,289,800 (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 $2,772,000 and Coachella Valley highways and regional arterials of $1 ,055,000. 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, 2012, 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 2012/13 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 2012. Staff revised the original projections to include the carryover that is available to the local governments and transit agencies amounting to approximately $12,212,300. Staff recommends the LTF administrative allocation be increased $50,000 for a total of $750,000. Expenditure adjustments are required for Commission and Southern California Association of Governments (SCAG) planning of approximately $501,400 and $125,300, respectively. Since the Commission administrative and 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 $320,700 does not require a budget adjustment as this amount will be included in the amount Agenda Item 8 81 • • • • • 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. Upon Commission approval, staff will provide this updated information to the necessary local governments and transit operators. Additionally, staff will continue to monitor FY 2012!13 revenue to determine if any adjustments to the revenue projections or Measure A administration are necessary. Financial Information In Fiscal Year Budget: I No Year: I FY 2012/131 Amount: I $ ~~:~~~:~gg ~~~:ces Source of Funds: I LTF, Measure A, TUMF I Budget Adjustment: I Yes GL/Project Accounting No.: $ 4,500,000 601 62 40102 551,400 601 62 97001 501,400 106 65 59001 50,000 101 1 X 59001 125,300 601 62 86205 2,073,000 752,000 415,000 104,000 129,000 43,000 102,000 609,000 1,972,000 549,000 81,000 1,055,000 739,000 316,000 61,000 1,972,000 1,055,000 739,000 61,000 11150,000 11150,000 623999 401 40101 262 31 40101 613999 401 40101 261 31 40101 654199 401 40101 265 33 40101 269 62 40101 260 26 40101 270 26 40101 632199 401 40101 263 41 40101 266 72 40101 267 71 40101 264 19 40101 683999 401 40101 268 31 40101 563999 401 40101 256 31 40101 257 71 40101 258 26 40101 234 71 40101 267 71 86104 256 31 86405 257 71 86104 234 71 86104 725000 416 41607 210 72 42110 735000 416 41607 210 73 42110 Fiscal Procedures Approved: ~~ j Date: j 12/18/12 Attachments: 1) Measure A Program Allocation FY 201 2/1 3 2) Riverside County LTF FY 2012/13 Apportionment Agenda Item 8 82 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A PROGRAM ALLOCATION (PROJECTION) • FY 2012/13 ORIGINAL Increase REVISED (01.09.13) (58.12) (Decrease) Revenues $ 141,000,000 $ 132,000,000 $ 9,000,000 Less: Administration 2,700,000 2,700.000 APPORTIONMENT TO PROGRAMS $ 138,300,000 $ 129,300,000 $ 9,000,000 Western County Highway Improvements $ 31,859,000 $ 29,786,000 $ 2,073,000 New Corridors 11,557,000 10,805,000 752,000 Public Transit Commuter Rail 6,372,000 5,957,000 415,000 Intercity Bus 1,593,000 1,489,000 104,000 Specialized Transit-Operations 1,991,000 1,862,000 129,000 Specialized Transit-CTSA 664,000 621,000 43,000 Commuter Services 1,562,000 1,460,000 102,000 Regional Arterial 9,370,000 8,761,000 609,000 Local Streets & Roads 30,297,000 1,972,000 BANNING $ 454,000 29,000 BEAUMONT CALIMESA 129,000 9.ooii' CANYON LAKE 145,000 ·-~~~~~~; CORONA 3,141,000 EASTVALE 729,000 48,000 HEMET 1,387,000 .• •,9o,o()(} JURUPA VALLEY 1,523,000 ,~~!:~~~· LAKE ELSINORE 957,000 MENIFEE 1,202,000 79;000 MORENO VALLEY 3,027,000 ·t9t]b()(} MURRIETA 1,775,000 ~<1~:~~b' NORCO 516,000 PERRIS 1,144,000 75,000 RIVERSIDE 5,711,000 371,000 • SAN JACINTO 662,000 43;000 TEMECULA 2,350,000 153,000 WILDOMAR 471,000 .31,000 RIVERSIDE COUNTY 4,342,000 281,000 RCTC Regional Arterial 632,000 41,ooo Bond Financing 549,000 Economic Development Projects 1,249,000 1,168,000 81,000 SUBTOTAL-Western County 104,947,000 98,118,000 6,829,000 Coachella Valley Highways & Regional Arterials 16,205,000 15,150,000 1,055,000 Local Street & Roads 11,343,000 739,000 CATHEDRAL CITY $ 1,206,000 78,000 COACHELLA 544,000 36,0o0 DESERT HOT SPRINGS 395,000 26,000 INDIAN WELLS 211,000 \14,000 INDIO 1,422,000 '92,000' LA QUINTA - PALM DESERT 2,337,000 .i52.ooo PALM SPRINGS 1,762,000 114,000 RANCHO MIRAGE 785,000 51,000 RIVERSIDE COUNTY 1,361,000 w!Doo• CVAG 1,320,000 . ;'ils:ooo Specialized & Public Transit 4,861,000 316,000 SUBTOTAL-Coachella Valley 32,409,000 30,299,000 2,110,000 Palo Verde Valley Local Street & Roads 944,000 BLYTHE $ 764,000 RIVERSIDE COUNTY 180,000 SUBTOTAL-Palo Verde Valley 944,000 TOTAL $ 138,300,000 $ 129,300,000 $ 9,000,000 • Note• Estimate for Planning Purposes, subject to change and rounding differences. 83 • • • RIVERSIDE COUNTY LOCAL TRANSPORTATION FUND FY 2012/13 APPORTIONMENT (Revised 01.09.13) Revised Projection Estimated Carryover (Unapportioned) $ 12,212,325 Est. Receipts 69,500,000 TOTAL 81,712,325 Less: Auditor 12,000 Less: RCTC Administration 750,000 Less: RCTC Planning (3% of revenues) 2,451,370 Less: SCAG Planning (3/4 of 1% of revenues) 612 842 BALANCE 77,886,113 Less: SB 821 (2% of balance) 1,557,722 BALANCE AVAILABLE BEFORE RESERVES 76,328,391 Less: 10% Transit Reserves 7,632,839 BALANCE AVAILABLE FOR APPORTIONMENT 68,695,551 APPORTIONMENT Population FY 2012/13 Population %of Total Apportionment Western: 1,762,906 79.49% $ 54605916 Rail 22% 12,013,302 Transit 78% 42,592,615 Coachella Valley 428,280 19.31% 13,265,949 Palo Verde Valley 26,592 1.20% 823,686 2,217,778 100.00% $ 68,695,551 ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12, 2005): Western: Rail Transit: RTA Banning Beaumont Corona Riverside Subtotal Transit Subtotal Western Coachella Valley Palo Verde Valley Total Reserves $ 3,773,413 175,675 167,366 255,782 360,276 $ 4,732,513 $ 1,334,811 4,732,513 6,067,324 1,473,994 91,521 $ 7,632,839 NOTES: Estimate for Planning Purposes, subject to change and rounding differences Population Source: California Department cit Finance, Demographic Research Unit as of January 1. 2011 Allocation of Reserves: FY 2010/11 SRTP Funding Allocations Approved 7/14/10 N:\LTF\2012-2013 Apportionments Revised Midyear 12.12.12.xlsx 84 Original Projection (Decrease) $ $ 12,212,325 65,000,000 4 500 000 65,000,000 16,712,325 12,000 700,000 50,000 1,950,000 501,370 487 500 125 342 61,850,500 16,035,613 1,237,010 320,712 60,613;490 15,714,901 6,061 349 1,571,490 54,552,141 $ 14,143,410 Original FY 2012/13 Apportionment $ 43 363 356 $ 11 242 560 9,539,938 2,473,363 33,823,418 8,769,197 10,534,684 2,731,265 654,101 169,585 $ 54,552,141 $ 14 143,410 12/12/20128:08 PM • AGENDA ITEM 9 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 9, 2013 ~----------~------ .. TO: Riverside County Transportation Commission ~----------~------ FROM: Theresia Trevino, Chief Financial Officer ~----------~------ THROUGH: Anne Mayer, Executive Director ~----------~------ SUBJECT: Fiscal Year 2013/14 Revenue Projections 1.!::::::======== STAFF RECOMMENDATION: 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 T/ON: 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 201 3 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. Therefore, the practice has 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 agree 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 for each Agenda Item 9 85 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). Attached is the FY 2013/14 L TF apportionment based on a revenue estimate of $72.5 million. The estimate will be submitted to the County for its concurrence. The estimate is based on the revised projection for FY 2012/13 and assumes a 4.3 percent increase over the FY 2012/13 estimate. This increase is conservative and represents cautious optimism based on current economic forecast information. After the deductions for administration of $812,000 and set-asides of approximately $4,098,100, the amount available for apportionment before reserves is approximately $67,589,900. The balance available for apportionment before reserves is as follows: Apportionment Area Western Riverside County Coachella Valley Palo Verde Valley Total $ $ Amount 53,701,000 13,076,200 812,700 67,589,900 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 2013/14, 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 2011/12 L TF 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 2013/14 represents the fifth year of the 30-year term of the 2009 Measure A. Agenda Item 9 86 • • • • • • The Measure A projection for FY 2013/14 is $14 7 million. The estimate is based on the revised projection for FY 2012113 and a 4.3 percent increase over the FY 2012/13 estimate. This increase is conservative and represents cautious optimism based on current economic forecast information. This projection will become the basis for the preparation of the FY 201 3/14 budget. The budget process typically commences 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 $2.8 million, which is approximately 1 .9 percent of Measure A revenues, the amount available for distribution to the three geographic areas is $144.2 million, which is allocated as follows: Geographic Area Western Riverside County Coachella Valley Palo Verde Valley Total Transportation Uniform Mitigation Fee Amount $ 108,401 ,000 34,781,000 1,018,000 $ 144,200,000 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 2013/14 is $6.3 million. The estimate is based on the projection for FY 2012/13, and assumes no change due to the slow but recently encouraging recovery in the housing market. 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 2012/13 revenues during the development of the FY 2013/14 budget to determine if any adjustments to the revenue projections are necessary . Agenda Item 9 87 Financial Information In Fiscal Year Budget: N/A Year: FY 2013/14 Amount: $72,500,000 LTF; $14 7,000,000 Measure A; $6,300,000 TUMF Source of Funds: I LTF, Measure A, and TUMF GL!Project Accounting No.: $ 72,500,000 2,800,000 32,907,000 11,937,000 6,581,000 1,645,000 2,057,000 686,000 1,613,000 9,679,000 31,294,000 8,711,000 1,291,000 17,391,000 12,173,000 5,217,000 1,018,000 3,150,000 3,150,000 Fiscal Procedures Approved: ~~ Attachments: Budget Adjustment: I N/A 601 62 40102 001001 401 40101 101 1 X 40101 623999 401 40101 262 31 40101 61 3 9 9 9 40 1 40 1 0 1 2 61 31 40 1 0 1 654199 401 40101 265 33 40101 269 62 40101 260 26 40101 270 26 40101 632199 401 40101 263 41 40101 266 72 40101 267 71 40101 264 19 40101 683999 401 40101 268 31 40101 563999 401 40101 256 31 40101 257 71 40101 258 26 40101 234 71 40101 725000 416 41607 210 72 42110 73500041641607 2107342110 I Date: I 12/18/12 1) Riverside County L TF FY 2013/14 Apportionment 2) Measure A Program Allocation FY 201 3/14 Agenda Item 9 88 • • • • • • RIVERSIDE COUNTY LOCAL TRANSPORTATION FUND FY 2013/14 APPORTIONMENT (Original) Estimated Carryover (Unapportioned) Est. Receipts TOTAL Less: Auditor Less: RCTC Administration Less: RCTC Planning (3% of revenues) Less: SCAG Planning (3/4 of 1% of revenues) BALANCE Less: SB 821 (2% of balance) BALANCE AVAILABLE BEFORE RESERVES Less: 10% Transit Reserves BALANCE AVAILABLE FOR APPORTIONMENT APPORTIONMENT Western: Rail Transit Coachella Valley Palo Verde Valley 22% 78% Population 1,769,836 430,957 26784 2,227,577 Population %of Total $ Revised Projection 72,500,000 72,500,000 12,000 800,000 2,175,000 543 750 68,969,250 1,379,385 67,589,865 6,758,987 60,830,878 FY 2013/14 Apportionment 79.45% r$"'---4-'-'8:--",3=:-:3:-:0'-!.:',8=:-:4:..::5-, 10,632,786 37,698,059 19.35% 11,768,614 1.20% 731 ,420 100.00% .,;$~~6;;;;0.,;;,8;;;;3~0,:,;;;8;,.;78;;,. ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12. 2005): Western: Rail $ 1,181,421 Transit: RTA Banning Beaumont Corona Riverside Subtotal Transit Subtotal Western Coachella Valley Palo Verde Valley Total Reserves $ 3,364,732 142,752 159,099 198,461 323,630 $ 4,188,673 $ 4,188,673 5,370,094 1,307,624 81,269 6,758,987 NOTES: Estimate for Planning Purposes, subject to change and rounding differences Population Source: California Department of Finance, Demographic Research Unit as of January 1, 2012 Allocation of Reserves: FY 2011/12 SRTP Funding Allocations Approved 7/13/11 N:\L TF\2013-2014 Apportionments.xlsx 89 12/12/20128:28 PM RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A PROGRAM AlLOCATION (PROJECTION) • FY 2013/14 Revenues $ 147,000,000 Less: Administration 2,800,000 APPORTIONMENT TO PROGRAMS $ 144,200,000 Western County Highway Improvements $ 32,907,000 New Corridors 11,937,000 Public Transit Commuter Rail 6,581,000 Intercity Bus 1,645,000 Specialized Transit-Operations 2,057,000 Specialized Transit-CTSA 686,000 Commuter Services 1,613,000 Regional Arterial 9,679,000 Local Streets & Roads 31,294,000 BANNING $ 470,000 BEAUMONT CALIMESA 132,000 CANYON LAKE 148,000 CORONA 3,279,000 EASTVALE 882,000 HEMET 1.422,000 JURUPA VALLEY 1,487,000 LAKE ELSINORE 993,000 MENIFEE 1,261,000 MORENO VALLEY 3,136,000 MURRIETA 1,836,000 NORCO 533,000 PERRIS 1 '194,000 RIVERSIDE 5,918,000 SAN JACINTO 684,000 • TEMECULA 2.429,000 WILDOMAR 487,000 RIVERSIDE COUNTY 4,344,000 RCTC Regional Arterial 659,000 Bond Financing 8.711,000 Economic Development Projects 1,291,000 SUBTOTAL-Western County 108.401,000 Coachella Valley Highways & Regional Arterials 17,391,000 Local Street & Roads 12,173,000 CATHEDRAL CITY $ 1,274,000 COACHELLA 578,000 DESERT HOT SPRINGS 437,000 INDIAN WELLS 231,000 INDIO 1,515,000 LA QUINTA PALM DESERT 2.478,000 PALM SPRINGS 1,854,000 RANCHO MIRAGE 814,000 RIVERSIDE COUNTY 1,605,000 CVAG 1,387,000 Specialized & Public Transit 5,217,000 SUBTOTAL-Coachella Valley 34,781,000 Palo Verde Valley Local Street & Roads 1,018,000 BLYTHE $ 810,000 RIVERSIDE COUNTY 208,000 SUBTOTAL-Palo Verde Valley 1,018,000 TOTAL $ 144,200,000 • Note: Estimate for Planning Purposes, subject to change and rounding differences. 90 Revenue Projections Presentation to the Commission January 9, 2013 Annual Revenue Projections FY2012/13 (mid.,.., revision) FY2013/14 (budget development) 1 ! Revenue Forecast Highlights Employment Housing Sales Sf'"ax Source: Beacon Economics • 2.7 percent increase since end of2009 (31,000 jObs) • Growth picked up last siX months • Unemployment rate at 11.5 percent (peak0f14.5 percent In mld- 2010) • Median home prices increased 21 percent since tnld-2009 • Home sales declined 26 percent • Fewer distressed propefties • OVerall tightness In inventory • Consumers and businesses opening wallets again • Gains in virtUally every major spending category · • Residential permitting boost positively impacts building and construction materials • Increase in durable goods purchases (e.g. autos) Measure A Trends u •. • : : . ' . • ' "" •. • • w _. _______ ..:._ ___ ·----~-·-~_..:..__ __ _ Measure A 111 3' growth year Measure A 1s 11 8 percent above last yew Since 1107 17 months) (rollrng 12 months) !lBIIRtc.lptsfcr12mmhs -'IRacaip!lofPrill"f2Mcrh 2 Activity by Economic Category General Retail: Apparel Stores, Department Stores, Furniture/Appliances, Drug Stores, Recreation Pro«Ncts, Florist/Nursery, and Misc. Retail Food Products: Restaurants, Food Markets, Uquor Stores, and Food Processing Equipment Construction: Building Materials Retail and Building Materials Wholesale Transportation: Auto Parts/Repair, Auto Sales -New, Auto Sales-Used, SeNce Stations, and Misc. Vehicle Sales Business to Business: Ollce Equip., Electronic Equip., Business Senices, Energy Sales, Chemical Products, Heaw Industry, U~ Industry, and leasing MlsceHaneous: Health & Government, Miscellaneous Other, and Closed Account Adjustments Source: MuniServices Activity by Economic Segments Analysis of Three Largest Economic Segments by Region for Year Ended Q2 2012 Source: MuniServices 3 Historical Sales Tax by Segment Source: MuniServices Measure A Tax Revenues Measure A Revenues ... Actual ~Projection $180.0 ,-----------------Budget $80.0 +--------------- $60.0 +--------------- $40.0 +--------------- $- ... ~~~ ... ~~ ,~~" ,~~b ,.¥' ,rf'~ ,~rf> ,a"~ ,~"" ,~..,, ,~..,~ ,~~ •4.3 percent increase ftomFY 12113 projection 4 L TF Sales Tax Revenues 11 3 percent above last year (seven months) Local Transportation Fund Revenues $80.0 $70.0 t---JJ~..=....---------:--7'- FY 2012/13 rev1sed proJection $69 5 million $80.0 t--:.~--~=~nr<:---,------,1 $50.0 r--------- $40.0 +--------- $30.0 t---------- $20.0 +--------- • 6 9 percent ,ncrease 111 budget • 4 4 percent above FY 2011 12 revenues FY 2013/14 projection: $72 5 million • 4 3 percent mcrease from FY 2012/13 projeCtion $10.0 t--------- s-+----..~~~~~~~~ ..,fi:l'<:;<?J ""#' ,_fi:lo" ..,fi:l~ ..,of:;" ~.,y:Ptb .,r§J~ ..,.a'0 ..,a'"' ..,r;:;'.., ,.,a'"J ..,a'IJ. Measure A and L TF Taxes -Actual -Projection -Budget Measure A is a half-percent transactions and use tax • Based on place of consumption L TF is funded from a quarter-percent of state's sales tax • Based on point of sale 5 TUMF Revenues Rece1pts 148 percent h1gher than last year (four months) FY 2012/13 rev1sed proJeCtion $6 3 rn1ll1on FY 2013/14 proJeCtion $6 3 rn1llion Transportation Uniform Mitigation Fee Revenues -Actual -Projection $100.0 -Budget $80.0 L----A~-----­ $60.0 .(..._1---J~----­ $40.0 ~--\-----­ $20.0 .(_____-----'~---- Next Steps 6 • AGENDA ITEM 10 • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 9, 2013 TO: Riverside County Transportation Commission FROM: Shirley Medina, Programming and Planning Manager THROUGH: Anne Mayer, Executive Director SUBJECT: County of Riverside Request for Measure A Regional Arterial Funds for State Route 79 Phase 2 Widening Project STAFF RECOMMENDATION: This item is for the Commission to: 1) 2) 3) Approve programming $3 million of 2009 Measure A Regional Arterial (MARA) Western County funds for the State Route 79 Phase 2 widening project from Thompson Road to Scott Road; Approve Agreement No. 13-72-076-00 with the county of Riverside to reflect $3 million of MARA funding participation for the construction phase of the SR-79 Phase 2 widening project; and Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: The county of Riverside (County) is the lead agency for the SR-79 widening project from Thompson Road to Domenigoni Parkway. This project was specifically identified in the 1989 Measure A ordinance. The County has been implementing this widening project in segments with the last remaining segment (Phase 2) from Thompson Road to Scott Road, which is scheduled to begin construction early 2013. The County is requesting $3 million in construction funding to complete the project funding. The project is currently programmed with federal Surface Transportation Program funds and local fund sources. Staff recommends allocating $3 million from MARA revenues as this project is eligible for these funds and is part of the Commission's priorities in completing projects originally identified in the Measure A program of projects . Agenda Item 1 0 91 Financial Information • In Fiscal Year Budget: I N/A I Year: I FY 2013/14 Amount: I $3,000,000 Source of Funds: 12009 Measure A Regional Arterial Western County Budget Adjustment: I N/A GL!Project Accounting No.: 2667281301 Fiscal Procedures Approved: ~~ I Date: I 12/19/12 • • Agenda Item 1 0 92 COMPASS BLUEPR1N 2012 President's Excellence Award Visionary Planning for Mobility, Livability, Prosperity & Sustainobility City of Glendale, Safe & Healthy Streets Plan The Safe and Healthy Streets Plan was adopted unanimously on April19, 2011 and promotes a vision of Glendale where residents live safer, healthier lives by walking and riding a bicycle for transportation and recreation. The plan lays out a blueprint to develop a multi-modal road network that addresses the needs of all users through a combination of education, encouragement, enforcement, engineering and evaluation policies. ~~ 1-i COMPASS BLUEPRINT I'~! ION On May 2, 2013, the Southern California Association of Governments (SCAG) will host the Seventh Annual Compass Blueprint Recognition Awards Program during the Regional Conference & General Assembly at the JW Marriott Desert Springs Resort & Spa in Palm Desert. 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 2013, 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 found below. The Recognition Awards Program is open to all parties, including local governments, non-profits, developers and others. Partnerships are welcome; public agencies, in combination 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, 2008 and prior to March 1, 2013. The deadline for nomination submittals is Tuesday, February 19,2013 at 2:00P.M. building partnerships. serving communities. a project of SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS DS Com pass Blueprint Principles 1. Improve mobility for all residents Encourage transportation investments and land use decisions that are mutually supportive Locate new housing near existing jobs and new jobs near existing housing Encourage transit-oriented development Promote a variety of travel choices 2. Foster livability in all communities Promote in-fill development and redevelopment to revitalize existing communities Promote developments that provide a mix of uses Promote "people-scaled" walkable communities Support the preservation of stable neighborhoods 3. Enable prosperity for all people Provide a variety of housing 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 civic engagement 4. Promote sustainability for future generations Preserve rural, agricultural, recreational and environmentally sensitive areas Focus development in urban center and existing cities Develop strategies to accommodate growth that uses resources efficiently and minimizes pollution and waste Utilize "green" development techniques 818 W. 7th Street, 12th Floor, Los Angeles, CA 90017 Tel (213) 236-1800 1 E-mail: info@compassblueprint.org www.compassblueprint.org 251l.updated: 2013.01.02 2012 President's Excellence Award Western Riverstde Council of Governments (WRCOG), Home Energy Renovation Opportunity (HERO) Program The Western Riverside Council of Governments (WRCOG) is implementing the nation's largest program with an investment of $325 million to provide financing to residential and business property owners for the installation of energy efficient, renewable energy, and water conservation improvements on their properties. With a target of 13,5 00 participants, financing for the program is to be repaid by the property owner through property tax assessments. COMPASS BLUEPRINT 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) 2 36-1913 or tzeng@scag.ca.gov. A Application Procedure 1. Review the Eligibility and Evaluation Process and Criteria. 2. There are four parts to the Recognition Awards application: a. Submittal Form: PDF copies of the form are available online at www. compassblueprint.org. b. Evaluation Criteria Response: 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 electronically; you must have Adobe Acrobat 9 Standard to save changes to the form. c. 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, JPG, 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 of the 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-mail Christopher Tzeng at tzeng@scag.ca.gov for instructions and permission to upload onto SCAG's FTP site before nomination packets a project of ·---·····---·· --- SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS are due on Tuesday, February 19,2013 at 2:00P.M. If you have further questions, please contact Christopher Tzeng at (213) 236-1913. There is no application fee for project submittals. Nomination packets must be uploaded onto SCAG's FTP site no later than 2:00P.M. on Tuesday, February 19, 2013. 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, 2008, and prior to March 1, 2013. Submittals must clearly describe and demonstrate how the project, program, or action addresses the Compass Blueprint Principles and other evaluation criteria. Eligible submittals should also demonstrate significant contributions to the community and excellence in planning and design. C. Evaluation 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 entries for each category. D. Awards The awards will be presented at the Compass Blueprint Recognition Awards Program on May 2, 2013 at the JW Marriott Desert Springs Resort & Spa in Palm Desert during SCAG's Regional Conference & General Assembly. 818 W. 7th Street, 12th Floor, Los Angeles, CA 90017 Tel (213) 236·1800 I E-mail: info@compassblueprint.org www.compassblueprint.org • 2012 Excellence Award Visionary Planning for Mobility Orange County Transportation Authority (OCTA), 4th Supervisorial District Bikeways Collaborative The 4th Supervisorial District Bikeways Collaborative closes the gap in the existing bikeway network to provide access to key destinations and promote a countywide transit-oriented community. The Collaborative identifies ten regional bikeway corridors that will connect and provide safe and direct access to major employment centers, transit stations, colleges, and universities. COMPASS BLUEPRINT=·~ ,3 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. Criteria Possible Points 1.1mprove moJ:Plityforall residents '20 a. Encourage transportation investments and land use decisions that are mutually supportive b. Locate new housing near existing jobs and new jobs near existing housing c. Encourage transit-oriented development d. Promote a variety of travel choices a. Provide a variety of housing types in each community to meet the 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 "¥)""'¥"""'\'"''"' a. Preserve rural, agricultural, recreational, and environmentally sensitive areas b. Focus development in urban centers and existing cities c. Develop strategies to accommodate growththatuse resources efficiently and minimize pottutiona:r1dw~te d. tJtilize ~green" developmerittechniques , .... ,,;,~, ..... '''"""'";""''"'""'"' ...... ,. . '"''"''""' .. 5.0emonstrate partnetshipswitn other public or privateorganiUtion~ including locahc!VE!ntmtfits;lamt·&ISP4lttafl!On , commissions. Please · partnerships and lnctude Letter5 of SUpport from partnering orgji.fiilid:JrlS. 7. Transferability -How this project is a model for otl'ler comfJIUnities of how to grow In waystbatimpletnent;c,npass Blueprint i' ., ...... Principles and protect'tbe region's air, land, and water; reduce greenhouse gas emissions; provifktsafe and~tehousing;;£::.\;. and the localAMnnnm -----·--------·--- a project of SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS 818 W. 7th Street, 12th Floor, Los Angeles, CA 90017 Tel (213) 236·1800 I E-mail: info@compassblueprint.org www.compassblueprint.org • 2012 Excellence Award Visionary Planning for Sustainability City of Long Beach, 4th+Linden Adaptive Reuse Project The 4th+Linden Adaptive Reuse project is phase one of three architectural and urban design efforts that will revitalize a set of unattractive and inactive buildings in an economically challenged portion of downtown Long Beach. The completed first phase of the project includes the rehabilitation of three existing commercial buildings for creative office use and an adaptive reuse of a pre-war commercial building to accommodate a cafe and a record store. COMPASS BLUEPRINT suB M I TTAL F 0 R M (FILL OUT ALL THAT ARE APPLICABLE) Provide contact information for the individual submitting this application. Name: Phone: Submitter's Name & Address: E-mail: Provide contact information for an individual to act as liaison for all correspondence to/from SCAG regarding this application. 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 Completion Date: Key Statistics (to the extent possible or applicable; e.g. number of units, commercial square footage, office square footage, open space square footage, etc): Description (maximum 500 words) (Note: You may submit a separate sheet of paper instead of completing the electronic form.): SCAG may use, reproduce, or make available for reproduction by others the information on this form and any supporting materials and graphics provided, for the purpose of publicizing the Recognition Awards or the applicant project. Name: a project of Initial Here: Date: -----··-·----····-·------···---··-·----····-----------··········-·-···-····-·· ----- SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS 818 W. 7th Street, 12th Floor, Los Angeles, CA 90017 TeL (213) 236-1800 I E-mail: info@compassblueprint.org www.compassblueprint.org • 2012 Excellence Award Visionary Planning for Prosperity City of La Quinta, WoHWater.s-Place Affordable Housing Complex The Wolff Waters Place Affordable Housing Complex is an excellent example of successfully advancing the prosperity of disadvantaged members within a resort community. The City of La Quinta worked closely with the community to develop affordable units indistinguishable from market rate projects that are designed for lower income families and include superior educationa~ financial and child care services. COMPASS BLUEPRINT EVALUATION CRITERIA RESPONSE Basis for a project or plan receiving 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 of paper instead of using the electronic form. If saving electronically, you will need Adobe Acrobat 9 Standard.) a project of SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS 818 W. 7th Street, 12th Floor, Los Angeles, CA 90017 Tel (213) 236-1800 1 E-mail: info@compassblueprint.org www.compassblueprint.org • 2012 Excellence Award Visionary Planning for Livability City of Irvine, Irvine Business Complex Residential/Mixed Use Vision Plan Exemplifying the Compass Blueprint Principle of Livability on a larger scale is the Irvine Business Complex Residential/Mixed Use Vision Plan which provides a plan and development standards to facilitate the continued evolution of the Irvine Business Complex from primarily office and industrial uses into a fully mixed- use business and residential community. Through the creation of an overlay district, the plan promotes "live place/Work place" neighborhoods by giving property owners the option to develop residential units in what was once a traditional industrial and office-oriented area. COMPASS BLUEPRINT ~-C -< 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 graphics should be numbered, and a brief, one-sentence description of each image should be completed for each PowerPoint slide below, corresponding 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 the 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 & General 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. ----··-----··----- ~ ~ SOUTHERN CALIFORNIA a project of ~ ASSOCIATION of GOVERNMENTS 818 W. 7th Street, 12th Floor, Los Angeles, CA 90017 Tel (213) 236-1800 I E-mail: info@compassblueprint.org www.compassblueprint.org • 2012 Excellence Award Visionary Planning for Livability City of La Mirada, Imperial Highway Specific Plan Exemplifying the Compass Blueprint Principle of Livability, the Imperial Highway Specific Plan helps the City of La Mirada fully realize its land use and economic potential. With approximately 40,000 to 60,000 vehicles traveling through the Imperial Highway corridor daily, the Specific Plan is intended to promote the corridor as a commercia~ mixed-use and business point of entry for the City of La Mirada.