HomeMy Public PortalAbout10 October 22, 2012 Western Riverside County Programs and ProjectsComments are welcomed by the Committee. If you wish to provide comments to the Committee,
please complete and submit a Speaker Card to the Clerk of the Board.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
MEETING AGENDA
TIME: 1:30 p.m.
DATE: Monday, October 22, 2012
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
COMMITTEE MEMBERS
Adam Rush, Chair / Ike Bootsma, City of Eastvale
Andrew Kotyuk, Vice Chair / Scott Miller, City of San Jacinto
Bob Botts / Don Robinson, City of Banning
Karen Spiegel / Eugene Montanez, City of Corona
Frank Johnston / Micheal Goodland, City of Jurupa Valley
Darcy Kuenzi / Wallace Edgerton, City of Menifee
Marcelo Co / Richard Stewart, City of Moreno Valley
Berwin Hanna / Kathy Azevedo, City of Norco
Daryl Busch / Al Landers, City of Perris
Ben Benoit / Timothy Walker, City of Wildomar
Bob Buster, County of Riverside, District I
Marion Ashley, County of Riverside, District V
STAFF
Anne Mayer, Executive Director
John Standiford, Deputy Executive Director
AREAS OF RESPONSIBILITY
Air Quality, Capital Projects,
Communications and Outreach Programs,
Intermodal Programs,
Motorist Services, New Corridors,
Regional Agencies/Regional Planning,
Regional Transportation Improvement Program (RTIP),
Specific Transit Projects,
State Transportation Improvement Program (STIP),
Transportation Uniform Mitigation Fee (TUMF) Program, and
Provide Policy Direction on Transportation Programs and Projects
related to Western Riverside County and other
areas as may be prescribed by the Commission.
Alexandra Rackerby
From:
Sent:
To:
Alexandra Rackerby
Wednesday, October 17, 2012 1:57PM
Alexandra Rackerby
Subject: RCTC Western Riverside County Programs and Projects Committee
Good Afternoon Members of the Western Riverside County Programs an"ZHlrojects Committee:
Please confirm your attendance of the Western Riverside County Programs and Projects Committee Meeting being held
at 1:30 p.m. on Monday, October 22, 2012, by replying to this email. Thank you .
Respectfully,
Allie Rackerby
Riverside County Transportation Commission
(951) 787-7141
•
1
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
www.rctc.org
AGENDA*
*Actions may be taken on any item listed on the agenda
1:30 p.m.
Monday, October 22, 2012
BOARD ROOM
County Administrative Center
4080 Lemon Street, First Floor
Riverside, California
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials
distributed 72 hours prior to the meeting, which are public records relating to open session
agenda items, will be available for inspection by members of the public prior to the meeting at
the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the
Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act and Government Code Section
54954.2, if you need special assistance to participate in a Committee meeting, please contact
the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting
time will assist staff in assuring that reasonable arrangements can be made to provide
accessibility at the meeting.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3)
continuous minutes or less. The Committee may, either at the direction of the
Chair or by majority vote of the Committee, 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. Also, the Committee may terminate public
comments if such comments become repetitious. In addition, the maximum time
for public comment for any individual item or topic is thirty (30) minutes.
Speakers may not yield their time to others without the consent of the Chair.
Any written documents to be distributed or presented to the Committee shall be
submitted to the Clerk of the Board. This policy applies to Public Comments and
comments on Agenda Items.
Western Riverside County Programs and Projects Committee
October 22, 2012
Page 2
Under the Brown Act, the Board should not take action on or discuss matters
raised during public comment portion of the agenda which are not listed on the
agenda. Board members may refer such matters to staff for factual information
or to be placed on the subsequent agenda for consideration.
5. APPROVAL OF MINUTES – SEPTEMBER 24, 2012
6. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after
making a finding that there is a need to take immediate action on the item and
that the item came to the attention of the Committee subsequent to the posting
of the agenda. An action adding an item to the agenda requires 2/3 vote of the
Committee. If there are less than 2/3 of the Committee members present,
adding an item to the agenda requires a unanimous vote. Added items will be
placed for discussion at the end of the agenda.)
7. AGREEMENTS WITH AT&T, QUESTAR, SOUTHERN CALIFORNIA EDISON, AND
SOUTHERN CALIFORNIA GAS CO., FOR FINAL ENGINEERING AND
CONSTRUCTION FOR UTILITY RELOCATIONS FOR THE STATE ROUTE 91
CORRIDOR IMPROVEMENT PROJECT
Page 1
Overview
This item is for the Committee to:
1) Approve the following agreements for final engineering and construction
for utility relocations for the State Route 91 Corridor Improvement Project
(SR-91 CIP):
a) Agreement Number 13-31-045-00 with AT&T;
b) Agreement Number 13-31-047-00 with Questar;
c) Agreement Number 13-31-044-00 with Southern California Edison
(SCE); and
d) Agreement Number 13-31-046-00 with Southern California Gas Co.
(SoCalGas);
for a combined amount of $17,465,750, plus a contingency amount of
$1,746,250 (10 percent), for a total amount not to exceed $19,212,000;
2) Authorize the Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission;
3) Authorize the Executive Director, or designee, to approve contingency
work up to the total authorized amount as may be required for these
utility relocation agreements for final engineering and construction; and
4) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
October 22, 2012
Page 3
8. AGREEMENT WITH BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY
FOR THE RELOCATION OF THE EXISTING PORPHYRY YARD TRACKS
REQUIRED FOR THE CONSTRUCTION OF THE STATE ROUTE 91 CORRIDOR
IMPROVEMENT PROJECT
Page 4
Overview
This item is for the Committee to:
1) Approve Agreement No. 13-31-038-00 to Burlington Northern Santa Fe
Railway Company (BNSF) for the relocation of the existing BNSF Porphyry
Yard tracks required for the construction of the State Route 91 Corridor
Improvement Project (SR-91 CIP) in the amount of $4,921,300, plus a
contingency amount of $492,200 (10 percent), for a total amount not to
exceed $5,413,500;
2) Authorize the Chair or the Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission;
3) Authorize the Executive Director, or designee, to approve contingency
work up to the total amount not to exceed as may be required for the
work associated with the relocation of the existing Porphyry Yard tracks;
and
4) Forward to the Commission for final action.
9. STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT RELOCATION PLAN
Page 16
Overview
This item is for the Committee to:
1) Adopt the State Route 91 Corridor Improvement Project (SR-91 CIP)
Relocation Plan; and
2) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
October 22, 2012
Page 4
10. ENVIRONMENTAL PERMITS REQUIREMENTS FOR INTERSTATE 215 CENTRAL
WIDENING PROJECT BETWEEN SCOTT ROAD AND NUEVO ROAD
Page 122
Overview
This item is for the Committee to:
1) Approve Agreement No. 13-31-048-00 with the U.S. Army Corps of
Engineers (ACOE) and the Treasurer-Tax Collector of the County of
Riverside (County Treasurer) for an escrow account in the amount of
$350,000 as financial security for mitigation obligations to be completed
by the Commission in connection with environmental permit requirements
for the Interstate 215 Central widening project between Scott Road and
Nuevo Road (I-215 Central Project);
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the escrow agreement; and
3) Forward to the Commission for final action.
11. AGREEMENTS RELATED TO THE CONSTRUCTION OF THE INTERSTATE 215
CENTRAL WIDENING PROJECT FROM SCOTT ROAD TO NUEVO ROAD IN THE
CITIES OF MENIFEE AND PERRIS
Page 137
Overview
This item is for the Committee to:
1) Approve Agreement No. 10-31-001-01, Amendment No. 1 to Agreement
No. 10-31-001-00, with URS Corporation (URS) to perform additional
design support during the construction of the Interstate 215 Central
widening project for $550,354 using remaining contract authorization;
2) Approve Agreement No. 13-31-035-00 with the California Highway Patrol
(CHP) for Construction Zone Enhanced Enforcement Program (COZEEP)
services during the construction of the I-215 Central widening project in
an amount not to exceed $380,000;
3) Approve Agreement No. 11-31-109-01, Amendment No. 1 to Agreement
No. 11-31-109-00, with the Pechanga Band of Luiseno Indians to increase
the contract amount by $100,000 for Native American monitoring
services during the construction of the I-215 Central widening project for
a total amount not to exceed $125,000;
4) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements on behalf of the Commission; and
5) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
October 22, 2012
Page 5
12. COMMISSIONERS / STAFF REPORT
Overview
This item provides the opportunity for the Commissioners and staff to report on
attended and upcoming meeting/conferences and issues related to Commission
activities.
13. ADJOURNMENT AND NEXT MEETING
The next Western Riverside County Programs and Projects Committee meeting is
scheduled to be held at 1:30 p.m., Monday, November 26, 2012, Board
Chambers, First Floor, County Administrative Center, 4080 Lemon Street,
Riverside.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN-IN SHEET
OCTOBER 22, 2012
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
OCTOBER 22, 2012
County of Riverside, District I
County of Riverside, District V
City of Banning
City of Corona
City of Eastvale
City of Jurupa Valley
City of Menifee
City of Moreno Valley
City of Norco
City of Perris
Present
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City of San Jacinto
City of Wildomar ----------------
Absent
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AGENDA ITEM 5
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, September 24, 2012
MINUTES
1. CALL TO ORDER
The meeting of the Western Riverside County Programs and Projects
Committee was called to order by Chair Adam Rush at 1:32 p.m.,
in the Board Room at the County of Riverside Administrative Center,
4080 Lemon Street, First Floor, Riverside, California, 92501.
2. PLEDGE OF ALLEGIANCE
At this time, Commissioner Bob Buster led the Western Riverside County
Programs and Projects Committee in a flag salute.
3. ROLL CALL
Members/Alternates Present Members Absent
Marion Ashley Andrew Kotyuk
Ben Benoit
Bob Botts
Daryl Busch
Bob Buster
Marcelo Co
Berwin Hanna
Frank Johnston
Darcy Kuenzi
Adam Rush
Karen Spiegel
4. PUBLIC COMMENTS
There were no requests to speak from the public.
RCTC WRC Programs and Projects Committee Minutes
September 24, 2012
Page 2
5. APPROVAL OF MINUTES – AUGUST 27, 2012
M/S/C (Hanna/Johnston) to approve the minutes as submitted.
6. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
7. PROPOSITION 1B STATE-LOCAL PARTNERSHIP PROGRAM FORMULA
FUNDS – WESTERN COUNTY PROJECT PROGRAMMING STATUS AND
NOMINATION REQUEST FOR THE INTERSTATE 15/LOS ALAMOS
INTERCHANGE
Shirley Medina, Programming and Planning Manager, presented the details of
the Proposition 1B State-Local Partnership Program formula funds – Western
County project programming status and nomination request for the Interstate
15/Los Alamos Interchange.
In response to Commissioner Karen Spiegel’s question regarding what would
happen if the Commission did not approve this request, Shirley Medina
stated it would delay the project and the funding could be added to the State
Route 91 Corridor Improvement Project (SR-91 CIP).
Anne Mayer clarified that through this project, this interchange will be
widened to its ultimate width to accommodate the Commission’s future I-15
expansion project.
M/S/C (Spiegel/Kuenzi) to:
1) Approve programming up to $3.5 million of Proposition 1B
State-Local Partnership Program (SLPP) formula funds for the
Interstate 15/Los Alamos interchange project in the city of
Murrieta; and
2) Forward to the Commission for final action.
8. AGREEMENT FOR STATION JANITORIAL SERVICES
Patti Castillo, Capital Projects Manager, presented the scope of the agreement
with Spotless Complete Services, Inc. for station janitorial services and
discussed the procurement process.
RCTC WRC Programs and Projects Committee Minutes
September 24, 2012
Page 3
In response to Chair Rush’s question regarding competitive pricing, Patti
Castillo confirmed the cost for this service is competitive.
Anne Mayer noted that it is a significant investment to operate and maintain
the Metrolink stations in Riverside County.
M/S/C (Ashley/Johnston) to:
1) Award Agreement No. 12-24-086-00 to Spotless Complete
Services, Inc. (Spotless) for station janitorial services for a
three-year term, and two one-year options to extend the
agreement, in the amount of 458,283, plus a contingency
amount of $45,828, for a total amount not to exceed
$504,111;
2) Authorize the Chair or Executive Director, pursuant to legal
counsel review, to execute the agreement, including option
years, on behalf of the Commission;
3) Authorize the Executive Director, or designee, to execute task
orders awarded under the terms of the agreement; and
4) Forward to the Commission for final action.
9. IOWA AVENUE AND RIVERSIDE AVENUE GRADE SEPARATION PROJECTS
Tanya Love, Goods Movement Manager, presented an overview of the
funding for the Iowa Avenue and Riverside Avenue grade separation projects.
In response to Commissioner Busch’s question regarding the cost estimates,
Tanya Love stated the California Transportation Commission requires revised
engineers estimates prior to the allocation of Trade Corridor Improvement
Fund (TCIF).
M/S/C (Busch/Hanna) to:
1) Allocate $2,126,968 in federal Congestion Mitigation Air
Quality (CMAQ) funds to the city of Riverside (Riverside) in
support of the Iowa Avenue grade separation project;
2) Allocate $3,208,622 in Surface Transportation Program (STP)
funds to Riverside in support of the Riverside Avenue grade
separation project; and
3) Forward to the Commission for final action.
RCTC WRC Programs and Projects Committee Minutes
September 24, 2012
Page 4
10. COMMISSIONERS / STAFF REPORT
10A. Anne Mayer:
• Announced the I-215 South widening project ribbon cutting/
I-215 Central widening project groundbreaking ceremony will be
held on Monday, October 29. Details will follow; and
• Briefed the Committee on the meetings held in Washington D.C.
with the Federal Highway Administration regarding the SR-91
CIP.
11. ADJOURNMENT AND NEXT MEETING
There being no further business for consideration by the Western Riverside
County Programs and Projects Committee, the meeting was adjourned at
1:52 p.m. The next meeting of the Western Riverside County Programs and
Projects Committee is scheduled for November 26, 2012, at 1:30 p.m.
Respectfully submitted,
Jennifer Harmon
Clerk of the Board
AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: October 22, 2012
TO: Western Riverside County Programs and Projects Committee
FROM: David Thomas, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT:
Agreements with AT&T, Questar, Southern California Edison, and
Southern California Gas Co., for Final Engineering and Construction
for Utility Relocations for the State Route 91 Corridor Improvement
Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve the following agreements for final engineering and construction for
utility relocations for the State Route 91 Corridor Improvement Project
(SR-91 CIP):
a) Agreement Number 13-31-045-00 with AT&T;
b) Agreement Number 13-31-047-00 with Questar;
c) Agreement Number 13-31-044-00 with Southern California Edison
(SCE); and
d) Agreement Number 13-31-046-00 with Southern California Gas Co.
(SoCalGas);
for a combined amount of $17,465,750, plus a contingency amount of
$1,746,250 (10 percent), for a total amount not to exceed $19,212,000;
2) Authorize the Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission;
3) Authorize the Executive Director, or designee, to approve contingency work
up to the total authorized amount as may be required for these utility
relocation agreements for final engineering and construction; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
Staff continues to work toward timely completion of the SR-91 CIP to widen SR-91
through the city of Corona and extend the 91 Express Lanes. The environmental
phase is planned to be completed in November 2012. Project construction,
including utility relocations, can begin only after the environmental approval is in
place.
1
Agenda Item 7
At its September 14, 2011, meeting, the Commission authorized the Executive
Director to execute agreements with the utility owners for preliminary engineering
to better define the utility relocation requirements for the SR-91 CIP. This effort
resulted in the ability for staff to work directly with the utility owners to refine
relocation requirements and relocation duration schedules that were an important
element included in the SR-91 CIP design build request for proposal. The
preliminary engineering effort has also refined the estimated utility relocation costs,
including the Commission’s cost responsibility, needed to move forward with the
utility relocation construction agreements.
Staff, through its project and construction manager (PCM) and working with utility
owners, has identified 99 utility locations potentially impacted by the SR-91 CIP
owned by five utility companies: AT&T, Questar, SCE, SoCalGas, and Time Warner
Cable (TWC). Staff has developed preliminary relocation plans to minimize the cost
and risk of schedule delay due to these utility relocations. Staff has coordinated
with each of the utility companies to verify utility locations within the project area.
Further, staff and its PCM physically located each potential utility conflict in the
field and developed a utility conflict matrix including an estimated cost to relocate
each utility. The estimated costs for utility relocations are shown in Table 1.
TABLE 1 – Utility Relocation Costs
Utility
Number of
Relocations
Estimated Total
Costs
Estimated
Utility Cost
Share
Estimated
RCTC Cost
Share
SCE 36 $ 18,188,000 $ 5,587,500 $ 12,600,500
AT&T 19 5,935,000 2,967,500 2,967,500
SoCalGas 21 1,681,500 1,054,750 626,750
Questar 3 1,271,000 0 1,271,000
TWC 20 476,000 476,000 0
TOTAL 99 $ 27,551,500 $ 10,085,750 $ 17,465,750
Staff is seeking to execute agreements with the four utility companies in Table 1
where the Commission has a responsible share of the cost. TWC’s utility lines
exist by franchise agreement so 100 percent of the relocation cost is TWC’s
responsibility and no agreement is required.
2
Agenda Item 7
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2012/13
FY 2013/14+ Amount: $2,500,000
$16,712,000
Source of Funds:
2009 Measure A Western County
Highway, Commercial Paper
Proceeds
Budget
Adjustment:
No
N/A
GLA No.: 003028 81602 00000 0000 262 31 81601
Fiscal Procedures Approved: Date: 10/16/2012
3
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: October 22, 2012
TO: Western Riverside County Programs and Projects Committee
FROM: David Thomas, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT:
Agreement with Burlington Northern Santa Fe Railway Company
for the Relocation of the Existing Porphyry Yard Tracks Required
for the Construction of the State Route 91 Corridor Improvement
Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 13-31-038-00 to Burlington Northern Santa Fe
Railway Company (BNSF) for the relocation of the existing BNSF Porphyry
Yard tracks required for the construction of the State Route 91 Corridor
Improvement Project (SR-91 CIP) in the amount of $4,921,300, plus a
contingency amount of $492,200 (10 percent), for a total amount not to
exceed $5,413,500;
2) Authorize the Chair or the Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission;
3) Authorize the Executive Director, or designee, to approve contingency work
up to the total amount not to exceed as may be required for the work
associated with the relocation of the existing Porphyry Yard tracks; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
Over the past five years, staff and its consultants have been working on the
development of preliminary engineering plans to widen SR-91 through Corona and
extend the 91 Express Lanes into Riverside County. During that time period, it was
identified that all preliminary design alternatives developed would have potential
impacts to the existing BNSF tracks within the project area. Staff met with BNSF
to develop a plan to mitigate for the potential project impacts.
Currently, the preliminary engineering and environmental phase is nearing
completion, and the Commission is procuring a design builder for the project
necessitating the need to move forward with certain mitigations for the project
impacts to BNSF. One project impact is a conflict between the construction of
4
Agenda Item 8
new bridges and the location of the existing BNSF Prophyry Yard tracks adjacent to
the 15/91 interchange. Staff studied alternative bridge types for this location that
would reduce impacts to BNSF facilities but concluded that the most cost effective
solution is to temporarily relocate the BNSF tracks during construction. The
estimated cost for BNSF to relocate its tracks is $4,921,300. BNSF estimated it
will take approximately nine months to procure the materials and relocate the
tracks from the date it is given a notice to proceed by the Commission. Therefore,
this track relocation work needs to proceed to assure this conflict is eliminated
prior to the start of construction of the SR-91 CIP.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2012/13
FY 2013/14 Amount: $4,000,000
$1,413,500
Source of Funds:
2009 Measure A Western County
Highway, Commercial Paper
Proceeds
Budget
Adjustment:
No
N/A
GLA No.: 003028 81301 00000 0000 262 31 81301
Fiscal Procedures Approved: Date: 10/12/2012
Attachment: Draft Agreement 13-31-038-00
5
Track Work Porphyry Yard
Page 1 of 10
17336.02100\7507809.3
CONSTRUCTION AGREEMENT
BNSF Agreement No. BF10002785
RCTC Agreement No. 13-31-038-00
Track Work Porphyry Yard
San Bernardino Subdivision
LS 7602
This Agreement (“Agreement”), is executed to be effective as of this ______ day of
_____________, 2012 (“Effective Date”), by and between BNSF RAILWAY COMPANY, a
Delaware corporation ("BNSF"), the RIVERSIDE COUNTY TRANSPORTATION
COMMISSION (“RCTC”), a political subdivision of the State of California.
RECITALS
WHEREAS, BNSF owns and operates a line of railroad in and through the City of Corona, County of
Riverside, State of California, hereinafter referred to as (“Rail Corridor”);
WHEREAS, RCTC has adopted a project (“SR-91 Improvement Project”) to extend the Toll Road for
State Route 91 from its existing easterly end at Riverside County’s westerly boundary joint with Orange
County’s easterly boundary to Interstate Highway I-15 involving the modification of four existing
overheads that cross BNSF’s Rail Corridor, Porphyry Overhead (I-15) DOT No. 026595H, West Porphyry
Overhead (Temescal) DOT No. 026522X, Prado Overhead DOT No. 026532D, and West Prado
Overhead DOT No. 026533K;
WHEREAS, RCTC will fund the cost to design and construct the SR-91 Improvement Project using a
design build contractor;
WHEREAS, the State of California (“STATE”) is the owner of State Route 91 and Interstate Highway
I-15;
WHEREAS RCTC and STATE will enter into a Cooperative Agreement permitting RCTC to design and
construct the SR-91 Improvement Project;
WHEREAS, pursuant to said Cooperative Agreement, upon completion and acceptance of the SR-91
Improvement Project by STATE, STATE will thereafter own and maintain all highway improvements
made by RCTC;
WHEREAS, RCTC desires BNSF to proceed with the modification of its Porphyry Yard required for
construction of the SR-91 Improvement Project in advance of construction at the four existing
overheads.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained
herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE I – SCOPE OF WORK
1. The term "Project" as used herein includes any and all work related to the modification of
BNSF’s Porphyry Yard, as more particularly described on Exhibit A, attached hereto and incorporated
herein, including but not limited to, any and all changes to telephone, telegraph, signal and electrical
lines, other utilities and appurtenances, temporary and permanent track work, temporary detour road,
6
Track Work Porphyry Yard
Page 2 of 10
17336.02100\7507809.3
fencing, grading, retaining walls, maintenance access roadways, alterations to or construction of new
drainage facilities, construction management, and contract preparation.
ARTICLE II – BNSF OBLIGATIONS
In consideration of the covenants of RCTC set forth herein and the faithful performance thereof, BNSF
agrees as follows:
1. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the
construction of the Project, such railroad work and the estimated cost thereof being as shown on
Exhibit B attached hereto and made a part hereof. In the event construction on the Project has
not commenced within six (6) months following the Effective Date, BNSF may, in its sole and
absolute discretion, revise the cost estimates set forth in said Exhibit B. In such event, the
revised cost estimates will become a part of this Agreement as though originally set forth herein.
Notwithstanding the foregoing, the parties agree that RCTC may require RCTC Board approval of
any such revised estimates. In such case, the revised cost estimates shall not be binding on
RCTC until approved by the RCTC Board, if necessary. Any item of work incidental to the items
listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement
upon written approval of RCTC, which approval will not be unreasonably withheld. Construction
of the Project will include the following principle elements of railroad work by BNSF:
(a) Procurement of materials, equipment and supplies necessary for the railroad
work in accordance with the federal Buy America requirements as set forth
herein in Exhibit C;
(b) Preliminary engineering, design, and contract preparation;
(c) Performing of all track work;
(d) Grading for track work;
(e) Construction of any retaining walls required for track relocation or new track
construction;
(f) Construction of permanent BNSF’s Maintenance Road detours;
(g) Relocation of State’s right of way fencing required for construction of BNSF’s
Maintenance Road detours;
(h) Construction of drainage facilities required for track work and BNSF’s
Maintenance Road detours;
2. BNSF will construct all railroad work set forth in Article II, Section 1 above on an actual cost
basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such
work with its own employees working under applicable collective bargaining agreements or by
contractor(s) if necessary. In conducting the work hereunder, BNSF shall comply with all applicable State
prevailing wage requirements. Contracts for work under this Agreement shall be with the lowest qualified
bidder, selected by BNSF pursuant to a valid competitive bidding procedure. BNSF shall require any
contractors completing work under this Agreement to obtain insurance sufficient to cover the risks
associated with such work, and to add RCTC as an additional insured under such insurance policies.
3. BNSF may charge RCTC for insurance expenses, including self-insurance expenses, when such
expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal
Employer's Liability Act) in connection with the construction of the Project. Such charges will be
7
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17336.02100\7507809.3
considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for
injury, loss or death to BNSF's employees, if any.
4. During the construction of the Project, BNSF will send RCTC progressive invoices detailing the
costs of the railroad work performed by BNSF under this Agreement. RCTC must reimburse BNSF for
completed force-account work within forty-five (45) calendar days from the date of RCTC’s receipt of the
invoice for such work. Upon completion of the Project, BNSF will send RCTC a detailed invoice of final
costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B.
Pursuant to this Section, RCTC will verify such final costs. All undisputed costs set forth in the final
invoice shall be paid within ninety (90) calendar days from the date of the final invoice. The Parties agree
to take reasonable efforts to resolve any disputed cost in a timely manner. BNSF will assess a finance
charge of 0.033% per day (12% per annum) on any unpaid sums or other charges due under this
Agreement which are past its credit terms. The finance charge continues to accrue daily until the date of
the payment is received by BNSF, not the date that payment is made or the date postmarked on the
payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the
month and will be reduced by amounts in dispute and any un-posted payments received by the month’s
end. Finance charges will be noted on invoices sent to RCTC under this Section 6. For purposes of
computing the time limits prescribed by Section 911.2 of the CALIFORNIA GOVERNMENT CODE
for the presentment of a claim against the RCTC, the cause of action for failure to reimburse BNSF
for the cost of the Railroad Work performed by it pursuant to this Agreement shall be deemed to
have accrued one hundred eighty (180) days from the date of the final invoice.
ARTICLE III – RCTC OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, RCTC
agrees as follows:
1. RCTC shall furnish to BNSF plans and specifications for the Project together with calculations
with the railroad clearances expressed in English Units. One complete reduced size 11” x 17” paper
copy shall be submitted to BNSF’s Director of Structural Engineering. A PDF copy of the plans and
specifications should be sent to both BNSF’s Manager Public Projects and BNSF’s Director Structural
Engineering. The PDF copy with a file size of two (2) megabytes or less should be sent via an email
attachment. Should the PDF copy of the plans and specifications exceed two (2) megabytes, a CD
(Compact Disk) of the plans and specifications should be sent via overnight mail service to both BNSF
offices. The email and mailing addresses are included in Article IV, Section 17. Sets of said plans shall
be submitted to BNSF for approval prior to commencement of any construction. BNSF will give RCTC
final written approval of the plans and specifications substantially in the form of Exhibit E, attached to this
Agreement and made a part hereof. Upon BNSF’s final written approval of the plans and specifications,
said plans and specifications will become part of this Agreement and are hereby incorporated herein.
2. RCTC must give BNSF’s Manager of Public Projects written notice to proceed (“Notice to
Proceed”) with the railroad work to BNSF. BNSF will not begin the railroad work (including, without
limitation, procurement of supplies, equipment or materials) until written Notice to Proceed is received
from RCTC. The Notice to Proceed must reference BNSF's Agreement No. BF10002785. RCTC may
issue a Notice to Proceed to acquire supplies and material only, and may later amend the Notice to
Proceed to include construction of the Project.
3. RCTC will acquire all properties and rights, including temporary construction easements or rights
of entry, as required to construct the Project and convey permanent easements to BNSF, at no cost to
BNSF, for the construction of track, permanent detours for BNSF Maintenance Road, and for any
retaining walls required to support any relocated or proposed new track that will be located off of BNSF’s
existing property before BNSF begins construction of the Project;
8
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17336.02100\7507809.3
4. RCTC shall seek and receive all required permits and approvals required for Project work.
Permits and approvals shall mean all approvals legally required by any public agency which has
regulatory or responsibility over regulating or permitting Project work.
ARTICLE IV – JOINT OBLIGATIONS
IN CONSIDERATION of the premises, the parties hereto mutually agree to the following:
1. Pursuant to this section and Article II, Section 4 herein, RCTC must reimburse BNSF in full for the
actual costs of all work performed by BNSF under this Agreement. The total actual cost of construction for
the Project is presently estimated to be Four Million, Nine Hundred Twenty One Thousand, Three
Hundred Dollars ($4,921,300.00), more particularly described on Exhibit B attached hereto and
incorporated herein. Notwithstanding the foregoing, the parties agree that RCTC may require RCTC
Board approval of costs in excess of the foregoing estimate. In such case, RCTC’s payment obligation in
excess of the foregoing estimate shall not be binding on RCTC until approved by the RCTC Board.
2. All expenses detailed in statements sent to RCTC pursuant to Article II, Section 4 herein will
comply with the terms and provisions of the Federal Aid Highway Program Manual, U.S. Department of
Transportation, as amended from time to time, which manual is hereby incorporated into and made a part
of this Agreement by reference. The parties mutually agree that BNSF's preliminary engineering, design,
and contract preparation costs described in Article II, Section 2 herein are part of the costs of the Project
even though such work may have preceded the date of this Agreement and the issuance of Notice to
Proceed as more particularly described in Article III, Section 2.
3. RCTC agrees that BNSF's failure to complete the railroad work in accordance with a construction
schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this
Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the
construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the
railroad work in the event of an emergency to provide for the immediate restoration of railroad operations
(BNSF or its related railroads) or to protect persons or property on or near any BNSF owned property.
BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its
labor forces. The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this
provision and any direct or indirect consequences or costs resulting from any such reallocation will not
constitute a breach of this Agreement by BNSF.
4. The parties mutually agree that no construction activities for the Project that would interfere with
operations of the Rail Corridor will be permitted during the fourth quarter of each calendar year.
5. BNSF shall have the right to request any RCTC employee who enters BNSF's Rail Corridor and
because of their incompetence, neglect of duty, unsafe conduct or misconduct and/or they adversely
affected BNSF’s operations or facilities, be removed from the Rail Corridor. In the event RCTC elects not
to honor such request, BNSF may stop work within its Rail Corridor until the matter has been fully
resolved to BNSF’s satisfaction. Should BNSF request and RCTC employee to leave the Rail Corridor
RCTC will indemnify BNSF against any claims arising from such removal.
6. RCTC’s employees, agents, contractors, representatives and invitees shall wear Personal
Protective Equipment ("PPE") when on the BNSF's Rail Corridor during construction of the Project or
performing subsequent maintenance after completion of construction. The PPE shall meet applicable
OSHA and ANSI specifications. Current BNSF PPE requirements are listed on the web
site,www.contractororientation.com. A partial list of BNSF's PPE requirements include; a) safety glasses:
permanently affixed side shields; no yellow lenses, b) hard hats with high visibility orange cover, c) safety
shoes: hardened toe, above-the-ankle lace-up with a defined heel and d), high visibility retro-reflective
orange vests are required as specified by BNSF's representative in charge of the Project. PPE
requirements as defined on the web site, will be amended from time to time, and shall take precedence
over the Partial list of requirements outlined in this Section 6 of Article IV. Hearing protection, fall
protection and respirators will be worn as required by State and Federal regulation.
9
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Page 5 of 10
17336.02100\7507809.3
7. RCTC agrees to reimburse BNSF for the actual or estimated cost of maintaining all retaining
walls required for the Project.
8. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or
the costs or expenses for labor and material connected with the construction will at all reasonable times
be open to inspection and audit by the agents and authorized representatives of the parties hereto and
the Federal Highway Administration, for a period of three (3) years from the date of the final BNSF invoice
under this Agreement.
9. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the
successors and assigns of the parties hereto. Notwithstanding the preceding sentence, no party hereto
may assign any of its rights or obligations hereunder without the prior written consent of the other party.
10. In the event construction of the Project does not commence within three (3) years of the Effective
Date, this Agreement will become null and void.
11. Title to all improvements made under the Project, including materials, whether the Project is
constructed or not, shall be vested in BNSF.
12. Neither termination nor expiration of this Agreement will release any party from any liability or
obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or
events happening prior to the date of termination or expiration.
13. To the maximum extent possible, each provision of this Agreement will be interpreted in such a
manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited
by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of
such prohibition or invalidity and the remainder of the provision will be enforceable.
14. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein),
together with previously acquired and recorded property rights if any, is the full and complete agreement
between BNSF, and RCTC with respect to the subject matter herein and supersedes any and all other
prior agreements between the parties hereto.
15. This Agreement shall be governed by and construed in accordance with the laws of the State of
California, excluding its conflict of laws principles. In the event of litigation arising out of or relating to this
Agreement, the parties hereto consent to the exclusive jurisdiction and venue of the state courts of and
federal courts in Riverside County, California, and to service of process by any means authorized by
California law.
16. If the SR-91 Improvement Project is canceled or modified so as to eliminate the need for the herein
described BNSF work, RCTC shall notify BNSF in writing and RCTC reserves the right to thereupon
terminate this Agreement. Upon such termination, the parties hereto shall negotiate in good faith an
amendment to this Agreement that shall provide mutually acceptable terms and conditions for handling
their respective rights and liabilities relating to such termination.
17. Any notice provided for herein or concerning this Agreement must be in writing and will be deemed
sufficiently given when sent by certified mail, return receipt requested, to the parties at the following
addresses:
BNSF Railway Company: BNSF's Manager of Public Projects
740 E. Carnegie Drive
San Bernardino, CA. 92408
Email: Melvin.Thomas@bnsf.com
10
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Page 6 of 10
17336.02100\7507809.3
BNSF's Project Engineer
740 E. Carnegie Drive
San Bernardino, CA. 92408
Email: Greg.Rousseau@bnsf.com
Director Structural Engineering
4515 Kansas Avenue
Kansas City, KS 66106
Email: Byron.Burns@bnsf.com
RCTC: Michael Blomquist
Toll Program Director
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION
480 Lemon Street, 3rd. Floor
Riverside, CA. 92502-2208
Office: (951) 778-1098
Fax (951) 787-7920
mblomquist@rctc.org
[Signatures on following page]
11
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Page 7 of 10
17336.02100\7507809.3
SIGNATURE PAGE TO CONSTRUCTION AGREEMENT
(TRACK WORK PORPHYRY YARD)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by
its duly qualified and authorized officials as of the day and year first above written.
BNSF RAILWAY COMPANY
By:
Printed Name: Sanford C. Sexhus
Title: Vice President Engineering
WITNESS:
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION
By:
_____________________________________________
Name and Title
REVIEWED AND RECOMMENDED FOR APPROVAL:
By:__________________________________________
Name and Title
REVIEWED FOR FISCAL IMPACT:
By: __________________________________________
Chief Financial Officer
APPROVED AS TO FORM:
By:__________________________________________
Best Best & Krieger LLP
Counsel to the Riverside County
Transportation Commission
12
Track Work Porphyry Yard
Exhibit A
17336.02100\7507809.3
EXHIBIT “A”
DESCRIPTION OF PROJECT WORK
Description of Project Work
Project will modify certain rail yard features to facilitate anticipated SR-91 freeway construction activities.
The Scope of Work generally consists of construction activities to modify tracks, turnouts, grading,
drainage and other items in advance of freeway construction. Said modifications are intended to allow for
proposed freeway construction activities to proceed unimpeded once a design-build contractor is hired by
RCTC.
Work will proceed in two phases: Phase 1 – track relocation work in advance of freeway construction; and
Phase 2 – track restoration work after completion of freeway construction. All Work items will be
performed by BNSF Railway Company and/or its contractor(s).
Summary of Phase 1 Track Relocation Work in Advance of Freeway Construction
• Disconnect one industry spur track for the duration of freeway construction (approx. 48 months)
• Provide modified track-connection to one spur track
• Reduce track lengths of four existing storage tracks
• Construct one new storage track along the southerly limits of the yard
• Procure and install 7 No. 9 right-hand (RH) Turnouts, 115 lb. rail, hand-throw control
• Procure and install 2 No. 11 RH Turnouts, 136 lb. rail, hand-throw control
• Construct 2,073 track-ft (TF) of new, 115 lb. continuous-welded rail (CWR) on timber ties with
new ballast, sub-grade and drainage
• Realign 210 TF of existing track
• Remove and dispose 4 No. 8 turnouts
• Remove 2,511 TF of existing track
• Construct approximately 350 lineal feet (LF) of retaining wall
• Construct approximately 370 LF Type “C” curb
• Construct approx. 345 LF chain link fence
• Reconstruct approx. 1,200 LF of maintenance road
• Utilit y relocations, including fire hydrant
• Remove pavement, curb and gutter and chain link fence to allow construction of a new track
• Construct embankment, approx 614 CY
Summary of Phase 2 Track Restoration Work After Freeway Construction
• Lengthen five storage tracks
• Reconnect two industry spur tracks to restore pre-construction configuration
• Relocate 7 No. 9 turnouts
• Remove 1 No. 1 Turnout
• Construct 2,685 TF new 115 lb. CWR track
• Remove track, salvage and reinstall, 287 TF
• Remove 335 TF of Track
• Grading and drainage modifications
13
Track Work Porphyry Yard
Exhibit C
17336.02100\7507809.3
EXHIBIT “B”
COST ESTIMATES
Civil Work plus Markup: $ 609,200
Track Work (BNSF): $ 4,312,100
Total Civil and Track Work: $ 4,921,300
14
Track Work Porphyry Yard
Exhibit C
17336.02100\7507809.3
EXHIBIT “C”
BUY AMERICA REQUIREMENTS
BNSF agrees to comply and to require its contractors to comply with the "Buy America" requirements set
forth in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and
1048(a), 23 U.S.C. 313 and 23 C.F.R. Part 635.410, which are incorporated into this Agreement by
reference, and which require that all steel, iron, and manufactured products used in FHWA-funded
projects are produced in the United States, unless a waiver has been granted by FHWA or the product is
subject to a general waiver. In conformance with the foregoing specified laws and regulations, all
manufacturing processes for steel and iron materials furnished for incorporation into the Work shall occur
in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore
manufactured outside of the United States may be used in the domestic manufacturing process for such
steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and
other coating that protects or enhances the value of steel or iron materials shall be considered a
manufacturing process subject to the "Buy America" requirements.
The Buy America requirements do not prevent a minimal use of foreign steel and iron materials if the total
combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total
contract cost or $2,500, whichever is greater. BNSF shall maintain documentation of the quantity and
value of the foreign steel and iron prior to incorporating the materials into the work, if any.
15
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