HomeMy Public PortalAbout02 February 25, 2013 Western Riverside County Programs and ProjectsTIME:
DATE:
RECORDS
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
MEETING AGENDA
1:30 p.m.
Monday, February 25, 2013
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
':9-COMMITTEE MEMBERS ~
Adam Rush, Chair I Ike Bootsma, City of Eastvale
Andrew Kotyuk, Vice Chair I Scott Miller, City of San Jacinto
Bob Botts I Deborah Franklin, City of Banning
Karen Spiegel I Eugene Montanez, City of Corona
Frank Johnston I Micheal Goodland, City of Jurupa Valley
Scott Mann I Wallace Edgerton, City of Menifee
Tom Owings I Marcelo Co, City of Moreno Valley
Berwin Hanna I Kathy Azevedo, City of Norco
Daryl Busch I AI Landers, City of Perris
Ben Benoit I Timothy Walker, City of Wildomar
Kevin Jeffries, County of Riverside, District I
Marion Ashley, County of Riverside, District V
':9-STAFF~
Anne Mayer, Executive Director
John Standiford, Deputy Executive Director
':9-AREAS OF RESPONSIBILITY ~
Air Quality, Capital Projects,
Communications and Outreach Programs,
lntermodal 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.
Comments are welcomed by the Committee. If you wish to provide comments to the Committee,
please complete and submit a Speaker Card to the Clerk of the Board.
Alexandra Rackerby
From:
Sent:
To:
Subject:
Attachments:
Importance:
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Alexandra Rackerby
Thursday, February 21, 2013 9:46AM
Alexandra Rackerby
RCTC Western Riverside County Programs and Projects Committee Meeting-lpad
Compatible Users
Conflict of Interest Memo. pdf; Conflict of Interest Form. pdf
High
Good Morning Commissioners,
The Western Riverside County Programs and Projects Committee agenda for Monday, February 25, 2013
is posted on our website at http:/ /www.rctc.org/uploads/media items/western-riverside-county-
programs-and-projects-committee-february-25-2013.original.pdf Also, attached is the Conflict of
Interest Memo and Form for your information. Let me know if you have any questions or concerns.
Thank you.
Respectfully,
Allie Rackerby
Riverside County Transportation Commission
(951) 787-7141
1
Riverside County Transportation Commission
TO: Riverside County Transportation Commission
FROM: Jennifer Harmon, Office and Board Services Manager
DATE: February 20, 2013
SUBJECT: Possible Conflicts of Interest Issues -Western Riverside County Programs
and Projects Committee Agenda of February 25, 2013
The February 25, 2013 agenda of the WRC Programs and Projects Committee includes
items which may raise possible conflicts of interest. A RCTC member may not
participate in any discussion or action concerning a contract or amendment if a
campaign contribution of more than $250 is received in the past 12 months or
3 months following the conclusion from any entity or individual listed.
Agenda Item No. 9 -Agreements for On-Call Right of Way Engineering and Surveying
Services
Consultant(s): Huitt-Zollars, Inc.
3990 Concours, Suite 330
Ontario, CA 91764
Maurice Murad, Sr. Vice President
Psomas
1500 Iowa Avenue, Suite 210
Riverside, CA 92507
Cliff Simental, Vice President
RBF Consulting, a Company of Michael Baker Corporation
40810 County Center Drive, Suite 100
Temecula, CA 92591
Larry Truman, Vice President
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
www. rete. org
AGENDA*
*Actions may be taken on any item listed on the agenda
1:30 p.m.
Monday, February 25, 2013
BOARDROOM
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
February 25, 2013
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-OCTOBER 22, 2012 AND NOVEMBER 16, 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 · ELECTION OF OFFICERS
Page 1
Overview
This item is for the Western Riverside County Programs and Projects Committee
to conduct an election of officers for 201 3 -Chair and Vice Chair.
8. AMENDMENT TO AGREEMENT FOR STATE ROUTE 91 TRAFFIC AND REVENUE
STUDY SERVICES
Page2
Overview
This item· is for the Committee to:
1) Approve Agreement No. 10-31-099-03, Amendment No. 3 to Agreement
No. 10-31-099-00, with Stantec Consulting Services, Inc. (Stantec) to
provide continued investment-grade traffic and revenue study services for
the State Route-91 Corridor Improvement Project (SR-91 CIP) by
augmenting the agreement in the amount of $205,000, comprised of
$186,855, plus a contingency amount of $18,145, to cover potential
changes in scope, for a total amount not to exceed $1, 190,877;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission;
3) Authorize the Executive Director to approve contingency work up to the
total not to exceed amount as required for the agreement; and
4) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
February 25, 2013
Page 3
9. AGREEMENTS FOR ON-CALL RIGHT OF WAY ENGINEERING AND SURVEYING
SERVICES
Page8
Overview
This item is for the Committee to:
1 ) Award the following agreements to provide on-call right of way
engineering and surveying services for a three-year term, with two one-
year option periods, in an amount not to exceed an aggregate value of
$300,000;
a) Agreement No. 13-31-040-00 with Psomas;
b) Agreement No. 13-31-097-00 with Huitt-Zollars, Inc.; and
c) Agreement No. 13-31-098-00 with RBF Consulting, a Company of
Michael Baker Corporation (RBF);
2) Authorize the Executive Director, or designee, to execute task orders
awarded to contractors under the terms of the agreements;
3) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements, including option years, on behalf of
the Commission; and
4) Forward to the Commission for final action.
10. ACQUISITION AND SURPLUS OF REAL PROPERTY LOCATED AT VAN BUREN
AND INDIANA IN THE CITY OF RIVERSIDE
Page 31
Overview
This item is for the Committee to:
1) Approve the purchase and acquisition of real property, APN 234-250-013
(Parcel 2) for the amount of $29,000 and APN 234-250-030 (Parcel 1)
for the amount of $148,325 from the city of Riverside (Riverside), for a
total cost of $177 ,325;
2) Declare as surplus the real property purchased and acquired from the city
(APN 234-250-013 and 234-250-030);
3) Authorize the Executive Director to offer the surplus property for sale to
the public; and
4) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
February 25, 2013
Page 4
11 · AMENDMENT TO COMMISSION'S RAIL PROGRAM SHORT RANGE TRANSIT
PLANS
Page 33
Overview
This item is for the Committee to:
1) Amend the Commission's Commuter Rail Program's FY 2004/05,
FY 2009/10, FY 2010/11, and FY 2011/12 Short Range Transit Plans
(SRTPs) to reflect the reallocation of Proposition 1 B Public Transportation
Modernization, Improvement, and Service Enhancement Account
(PTMISEA) funds of $12,861 from the rail car procurement, $730,580
from the La Sierra Station parking lot expansion project, and $640,686
from the station plan plus interest accrued since January 1, 2013, to the
Perris Valley Line closed circuit television (CCTV) and operations control
center projects; and
2) Forward to the Commission for final action.
12. COMMISSIONERS I 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, March 25, 2013, Board Chambers,
First Floor, County Administrative Center, 4080 Lemon Street, Riverside.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
FEBRUARY 25, 2013
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 VaUey
City of Norco
City of Perris
City of San Jacinto
City of Wildomar
Present
* 8 , ,
;K
0
0 .::;
}
Absent
0
0
0
0
0
0
)Zf
J8
0
0
0
0
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN-IN SHEET
FEBRUARY 25, 2013
NAME AGENCY E MAIL ADDRESS
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AGENDA ITEM 5
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, October 22, 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 1:30 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, Chair Rush led the Western Riverside County Programs and
Projects Committee in a flag salute.
3. ROLL CALL
Members/ Alternates Present
Ben Benoit
Bob Buster*
Marcelo Co
Berwin Hanna
Frank Johnston
Andrew Kotyuk
Darcy Kuenzi
AI Landers
Adam Rush
Karen Spiegel
Members Absent
Marion Ashley
Bob Botts
*Arrived after the meeting was called to order
4. PUBLIC COMMENTS
There were no requests to speak from the public.
RCTC WRC Programs and Projects Committee Minutes
October 22, 2012
Page 2
5. APPROVAL OF MINUTES-SEPTEMBER 24, 2012
M/S/C (Kuenzi/Hanna) to approve the minutes as submitted.
Abstain: Kotyuk and Landers
6. ADDITIONS/REVISIONS
There were no additions or revisions to 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
David Thomas, Toll Project Manager, presented the scope of the agreements
with AT&T, Ouestar, Southern California Edison, and Southern California Gas
Co., for final engineering and construction for utility relocations for the State
Route 91 Corridor Improvement Project.
In response to Commissioner Andrew Kotyuk' s question regarding the cost
sharing ratios, David Thomas responded the ratios are outlined in each of the
utility relocation agreements.
M/S/C (Kotyuk/Johnston) 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. (SoCaiGas);
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;
RCTC WRC Programs and Projects Committee Minutes
October 22, 2012
Page 3
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.
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
David Thomas presented the scope of the 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.
In response to Chair Rush's request for clarification regarding the time frame,
David Thomas responded that the four-year time frame is for the removal
and restoration of the tracks.
M/S/C (Kuenzi/Landers) 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 (1 0 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.
At this time, Commissioner Bob Buster arrived to the meeting.
RCTC WRC Programs and Projects Committee Minutes
October 22, 2012
Page 4
9. STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT RELOCATION PLAN
Will Von Klug, Right of Way Manager, presented the State Route 91 Corridor
Improvement Project Relocation Plan.
At Chair Rush's request, Will Von Klug discussed the relocation process for
mobile home owners and tenants.
In response to Commissioner Karen Spiegel's question regarding an
unpermitted addition and how it may affect the valuation of the property and
relocation requirements, Will Von Klug stated an appraiser may or may not
consider the unpermitted improvement as the appraisal is based on fair
market value. In the relocation process, the Commission must ignore
whether the addition is permitted or not based on the theory that without the
interference by the project, the property would continue in its current use.
M/S/C (Benoit/Johnston) to:
1) Adopt the State Route 91 Corridor Improvement Project
Relocation Plan; and
2) Forward to the Commission for final action.
10. ENVIRONMENTAL PERMITS REQUIREMENTS FOR INTERSTATE 215
CENTRAL WIDENING PROJECT BETWEEN SCOTT ROAD AND NUEVO
ROAD
Lisa DaSilva, Capital Projects Manager, discussed the requirements for the
environmental permits for Interstate 21 5 Central widening project from Scott
Road to Nuevo Road.
M/S/C (Kuenzi/Spiegel) 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;
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.
RCTC WRC Programs and Projects Committee Minutes
October 22, 2012
Page 5
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
Lisa DaSilva presented the scope of the agreements related to the construction
of the Interstate 21 5 Central widening project from Scott Road to Nuevo
Road in the cities of Menifee and Perris.
In response to Commissioner Darcy Kuenzi's request for clarification
regarding the location of the culturally sensitive areas, Lisa DaSilva stated
these areas are primarily at the Salt Creek and the San Jacinto River where
the freeway bridges are being widened.
In response to Commissioner Karen Spiegel's question regarding monitoring
of these areas, Lisa DaSilva stated monitoring will be done by the Pechanga
Band of Luiseno Indians.
M/S/C (Kuenzi/Kotyuk) 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 1-215 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 $1 00,000
for Native American monitoring services during the construction
of the 1-21 5 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.
RCTC WRC Programs and Projects Committee Minutes
October 22, 2012
Page 6
12. COMMISSIONERS I STAFF REPORT
12A. Anne Mayer, Executive Director:
• Expressed appreciation to the County Treasurers Office for
helping to create an escrow plan for the 1-215 Central widening
project; and
• Reminded the Committee the 1-215 South ribbon cutting/1-215
Central ground breaking ceremony will be held on Monday,
October 29 at 2 p.m.
13. 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
2:07 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
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, November26, 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 1:30 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, Chair Rush led the Western Riverside County Programs and
Projects Committee in a flag salute.
3. ROLL CALL
Members/ Alternates Present
Marion Ashley
Ben Benoit
Bob Buster
Marcelo Co
Berwin Hanna
Frank Johnston
Andrew Kotyuk
Darcy Kuenzi
AI Landers
Adam Rush
Karen Spiegel
4. PUBLIC COMMENTS
Members Absent
Bob Botts
There were no requests to speak from the public.
RCTC WRC Programs and Projects Committee Minutes
November 26, 2012
Page 2
5. APPROVAL OF MINUTES-OCTOBER 22, 2012
There was an inadvertent error in the posting of the minutes of
October 22, 2012. Therefore, these minutes will be taken for
approval at the next Western Riverside County Programs and Projects
Committee meeting.
· 6. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
7. AGREEMENT WITH CH2M HILL FOR THE PREPARATION OF A PROJECT
REPORT AND ENVIRONMENTAL DOCUMENT FOR THE STATE ROUTE 79
REALIGNMENT PROJECT
Cathy Bechtel, Project Development Director, presented the scope of the
agreement with CH2M Hill for the preparation of a project report and
environmental document for the State Route 79 realignment project.
M/S/C (Johnston/Kotyuk) 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) Authorize the Chair, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission;
3) Authorize the Executive Director, pursuant to legal counsel
review, to execute non-funding agreements for the
environmental clearance and design of the project;
4) 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;
5) 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); and
6) Forward to the Commission for final action.
RCTC WRC Programs and Projects Committee Minutes
November 26, 2012
Page 3
8. REVISED STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT
RELOCATION PLAN
William Von Klug, Right of Way Manager, presented the details of the
revisions to the State Route 91 Corridor Improvement Project Relocation
Plan.
In response to Commissioner Berwin Hanna's question on how often the
Commission is met with resistance, William Von Klug stated the Commission
occasionally meets resistance from business owners.
In response to Commissioner Ben Benoit's question regarding the need for
the revision, William Von Klug stated it was not a mathematical error. The
template used to develop the plan was from a previous plan and the cost
figure had not been updated.
M/S/C (Kuenzi/Benoit) to:
1) Adopt the State Route 91 Corridor Improvement Project
Relocation Plan (Relocation Plan); and
2) Forward to the Commission for final action.
9. STATUS OF THE CONSTRUCTION BID OPENING OF INTERSTATE 215
BLAINE STREET TO MARTIN LUTHER KING BOULEVARD WIDENING
PROJECT, IN THE CITY OF RIVERSIDE
Patti Castillo, Capital Projects Manager, presented an update on the status of
the construction bid opening of Interstate 21 5 Blaine Street to Martin Luther
King Boulevard widening project, in the city of Riverside.
10. COMMISSIONERS I STAFF REPORT
1 OA. Anne Mayer announced:
• A copy of the On the Move brochure was provided to the
Commissioners, which was printed in the Press Enterprise, the Desert
Sun, and the Californian; and
• The Commission is hosting its first Small Business Exposition
scheduled for Thursday, November 29.
RCTC WRC Programs and Projects Committee Minutes
November 26, 2012
Page 4
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 February 25, 2013, at 1 :30 p.m.
Respectfully submitted,
Jennifer Harmon
Clerk of the Board
AGENDA ITEM 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: February 25, 2013
TO: Western Riverside County Programs and Projects Committee
FROM: Jennifer Harmon, Office and Board Services Manager
THROUGH: John Standiford, Deputy Executive Director
SUBJECT: Election of Officers
STAFF RECOMMENDATION:
This item is for the Western Riverside County Programs and Projects Committee to
conduct an election of officers for 2013 -Chair and Vice Chair.
BACKGROUND IN FORMAT/ON:
The election of officers for the full Commission and its Committees are held on an
annual basis. Commissioners Adam Rush and Andrew Kotyuk were elected as the
Western Riverside County Programs and Projects Committee's officers in February
2012. Once the election has been conducted, the new Chair and Vice Chair will
immediately assume the positions.
Past Chairs of the Western Riverside County Programs and Projects Committee are
as follows:
2012 -Adam Rush, City of Eastvale
2011 -Darcy Kuenzi, City of Menifee
2010 -Karen Spiegel, City of Corona
Past Chairs of the Plans and Programs Committee are as follows:
2009 -Bob Botts, City of Banning
2008 -Frank West, City of Moreno Valley
2007 -Patrick Mullany, City of Indian Wells
2006 -Daryl Busch, City of Perris
2005 -Michael H. Wilson, City of Indio
2004 -Frank Hall, City of Norco
2003 -Dick Kelly, City of Palm Desert
2002 -Daryl Busch, City of Perris
2001 -Percy L. Byrd, City of Indian Wells
2000 -Robin Lowe, City of Hemet
Agenda Item 7
1
AGENDA ITEM 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: February 25, 2013
TO: Western Riverside County Programs and Projects Committee
FROM: Michael Blomquist, Toll Program Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Amendment to Agreement for State Route 91 Traffic and Revenue
Study Services
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 10-31-099-03, Amendment No. 3 to Agreement
No. 10-31-099-00, with Stantec Consulting Services, Inc. (Stantec) to
provide continued investment-grade traffic and revenue study services for
the State Route-91 Corridor Improvement Project (SR-91 CIP) by augmenting
the agreement in the amount of $205,000, comprised of $186,855, plus a
contingency amount of $18,145, to cover potential changes in scope, for a
total amount not to exceed $1, 190,877;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreement on behalf of the Commission;
3) Authorize the Executive Director to approve contingency work up to the total
not to exceed amount as required for the agreement; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
Project Description
The SR-91 CIP is part of the Commission's 2009 Measure A Western County
Highway 1 0-Year Delivery Plan. The SR-91 CIP will widen the SR-91 freeway with
a new general purpose lane from Interstate 1 5 to the Orange County line, improve
ramps and local interchanges throughout Corona, reconstruct portions of the 1 5/91
interchange, and extend the existing 91 Express Lanes into Riverside County.
Agenda Item 8
2
Project Funding Plan
The proposed project funding plan consists of three key sources:
1) Toll Revenue Bonds -Issued by the Commission and repaid from future tolls.
2) Transportation Infrastructure Finance and Innovation Act (TIFIA) Loan -
Subordinate debt to the toll revenue bonds to be obtained by the
Commission from the United States Department of Transportation (USDOT)
TIFIA program and repaid from future tolls.
3) Commission Contribution -To be funded by the Commission from
Measure A sales tax revenues, both on a pay-as-you-go basis and through
sales tax revenue commercial paper and bonds issued by the Commission.
4) State Funds -State Transportation Improvement Program and State-Local
Partnership Programs Funds
The successful sale of toll revenue bonds and project financing is dependent on
many factors including the preparation of an investment grade traffic and revenue
study. This traffic and revenue study needs to support the Commission obtaining
investment-grade toll revenue bond ratings from Moody's Investor Service
(Moody's), Fitch Ratings (Fitch), and/or Standard & Poor's Rating Service (S&P).
Recent Investment-Grade Traffic and Revenue Study Services
Stantec successfully prepared an investment-grade traffic and revenue study for
the project and has continued to support the Commission in various efforts not
originally anticipated at the time of the award of the contract in July 2010.
In the fall of 2011, the Commission sought a preliminary investment-grade rating of
the SR-91 CIP financing from Fitch to improve the competitiveness of the
Commission's TIFIA funding requests. Stantec provided traffic and revenue
sensitivity data and analysis as requested by Fitch and participated in both team
working meetings and the formal rating presentation.
In the spring of 2012, Stantec assisted staff in the development of the
Commission's 91 Express Lanes toll policy ultimately adopted by the Commission
in June 2012. This toll policy adoption was crucial to substantiate both the
investment grade traffic and revenue study revenue projections and the
Commission's financial plan for the SR-91 CIP.
Since August 2012, Stantec has been supporting the Commission with the TIFIA
application by providing additional information and sensitivity data and analysis.
Agenda Item 8
3
This information and work is a direct request of the USDOT during its vetting of the
project's financial plan and investment grade traffic and revenue study.
Anticipated Investment Grade Traffic and Revenue Study Services
Based on this recent work with Fitch and the USDOT, staff anticipates the need for
continued Stantec services to support the project financing effort through financial
close expected in June 2013. Therefore, staff proposes to augment the Stantec
contract in anticipation of services needed to ensure no delay to our financing
schedule should staff request these services from Stantec. The primary services
anticipated include participation in the upcoming rating agency presentations,
sensitivity analysis requested by rating agencies, updating the investment grade
traffic and revenue study, and ongoing coordination. Attachment 1 provides
further detail of anticipated future tasks and assumptions.
Financial Information
In Fiscal Year Budget: I Yes I Year: I FY 2012/13 Amounl
t: $205,000
Source of Funds: I Commercial Paper and 2009 Measure A Budget Adjustment: I No
GL/Project Accounting No.: 003028 65520 00009 0000 262 31 65520
Fiscal Procedures Approved: ~~ I Date: I 02/12/13
Attachment: Scope/Fee
Agenda Item 8
4
Stant~
January 25, 2013
Dear Mr. Thomas:
Stantec Consulting Services Inc.
50 West 23rd Street 8th floor
New York NY 10010
Tel: (212) 366-5600
Fax: (212) 366-5629
Reference: Agreement No. 10-31-099-00
This letter outlines potential extra work that may be completed in the future as part of the above
referenced agreement. Potential tasks are outlined below:
Task 1: Attendance/Presentation at Rating Agencies for Financial Close -Stantec will prepare
presentation materials to present the RCTC 91 Express Lane Extension to the rating agencies as part of
financial close for the project. This effort is estimated to be completed in 60 hours at a cost of
approximately $14,500.
Deliverables: Rating Agency presentation materials
Task 2: Rating Agency Sensitivity Analyses-It is assumed that following our presentation to the rating
agencies, additional sensitivity analyses will be requested to "stress test" the traffic and revenue forecast.
While the number of sensitivity analyses that may be requested is unclear, we assume the effort will be
similar to past efforts for TIFIA. It is estimates that these efforts will include additional model runs and the
preparation of traffic and revenue forecasts. This effort is anticipated to take approximately 260 hours at
a cost of approximately $51,500.
Deliverables: Traffic and Revenue Sensitivity Analyses
Task 3: Investment Grade Study Refresh -If the rating agencies meetings and financial close are
delayed it may be necessary to update the Investment Grade Study before meeting with the financial
community. As part of this effort, we assume there would be a need to collect new data within the SR 91
corridor to confirm recent growth trends and verify travel patterns. The land use forecast may need to be
updated with particular attention to major developments that could influence corridor demand. The need
for additional model runs and subsequent traffic and revenue forecasts could arise from any of the above
efforts. This effort is anticipated to take approximately 380 hours at a cost of approximately $70,000.
Deliverables: Updated traffic and revenue study report
Task 4: Ongoing Coordination Efforts -After financial close there may be a need for ongoing
coordination efforts with the design-build team or with toll policy coordination efforts between RCTC and
nearby agencies. These efforts could include participation in meetings and conference calls. This effort is
anticipated to take approximately 180 hours at a cost of approximately $41,000.
While none of these efforts is entirely defined at this point, the above estimates reflect our best judgment
as to the effort required to complete the outlined tasks. When detailed tasks become available, a more
defined hour and cost estimates will be submitted for review. Any tasks not undertaken will incur no
charges.
The total estimate for the above tasks is approximately $177,000 with an additional $10,000 in direct
expenses to cover any necessary trips to California.
5
Stan tee
Error! Reference source not found.
Page 2 of2
Reference: Agreement
If any additional documentation is necessary, please do not hesitate to contact me.
Sincerely,
STANTEC CONSULTING SERVICES INC.
Steve Abendschein, PE
Senior Associate
Tel: (212) 366-5600
Fax: (212) 366-5629
steven .abendschein@stantec.com
c. Blomquist, Michael; Curtis, John
6
RCTC SR-91 Express Lanes Extension Investment Grade Study Stantec -Extra Work Request, Post-Contract Services 1125/2013 Tasks Rate: Task 1: Rating Agency Meetings Task 2.1 Preparation of Presentation Materials Task 2.2 Attend Meeting (assume 2) Task 2: Rating Agency Sensitivity Analyses Task 2.1 Additional Model Runs Task 2.2 Traffic and Revenue Forecast Task 2.3 Coordination Calls/Meetings Task 3: Potential Study "Refresh" __ Task 3.1 Updated Data Collection/Summary-Task 3.2 Updated Land Use Task 3.1 Updated Model Runs Task 3.2 Updated Traffic and Revenue Forecast Task 3.3 Updated Traffic and Revenue Report Task 4: Ongoing Coordination Efforts Task 4.1 Toll Policy Coordination Task 4.2 Design Team Coordination Task 4.3 Meetings/Presentations Task 1 Total Task 2 Total Task 3 Total Task 4 Total TOTAL Expenses Nielsten $344.25 4 16 4 20 4 4 12 4 12 4 8 8 4 20 28 36 20 104 Abendschein Hugh itt $234.25 $216.32 8 16 16 40 40 16 16 12 8 24 40 40 40 40 40 24 0 72 40 116 24 120 0 332 64 7 Hours Mar Zamanski Connelly Drenkard Fee $149.42 $106.77 $101.65 $96.54 8 8 $ 5,260 $ 9,256 40 $ 18,049 80 $ 28,209 $ 5,125 40 80 $ 18,825 $ 6,942 24 $ 11,005 J 40 $ 1~~"!!1_ 20 $ 13,735 20 I $ 15,11?_ 20 L-~~ $ 10,747 8 0 8 0 $ 14,516 80 40 0 I---0 $ 51,382 100 24 0 80 $ 69,985 40 0 0 0 $ 40,972 228 64 8 80 $ 176,855 $ 10,000 $ 186,855 Airfare 4 X $ 1,350 $ 5,400 Hotel 8 X $ 200 $ 1,600 Rental Car 4 X $ 100 $ 400 Meals 4 X $ 100 $ 400 Train to DC 4 X $ 300 $ 1,200 Other 4 X $ 250 $ 1,000 $ 10,000
AGENDA ITEM 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: February 25, 2013
TO: Western Riverside County Programs and Projects Committee
FROM: William Von Klug, Right of Way Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreements for On-Call Right of Way Engineering and Surveying
Services
STAFF RECOMMENDA T/ON:
This item is for the Committee to:
1) Award the following agreements to provide on-call right of way engineering
and surveying services for a three-year term, with two one-year option
periods, in an amount not to exceed an aggregate value of $300,000;
a) Agreement No. 13-31-040-00 with Psomas;
b) Agreement No. 13-31-097-00 with Huitt-Zollars, Inc.; and
c) Agreement No. 13-31-098-00 with RBF Consulting, a Company of
Michael Baker Corporation (RBF);
2) Authorize the Executive Director, or designee, to execute task orders
awarded to contractors under the terms of the agreements;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreements, including option years, on behalf of the
Commission; and
4) Forward to the Commission for final action.
BACKGROUND INFORMA T/ON:
At its June 2007 meeting, the Commission approved the selection of David Evans
& Associates, Project Design Consultants, and Psomas to perform on-call right of
way engineering and surveying services. Agreements with these firms expire on
January 15, 2013, April 15, 2013, and February 1, 2013, respectively. On-call
right of way engineering and surveying services have been used on an as needed
basis for boundary maps, monumentation maps, survey control maps, records of
survey, parcel or appraisal maps, lot line adjustments, subdivision maps, legal
descriptions, and deeds to support Commission projects.
Procurement Process
A request for proposals (RFP) for on-call right of way engineering and surveying
services was released by staff and advertised on November 28, 2012. A pre-
Agenda Item 9
8
I
qualifications conference was held at the Commission's offices on
December 10, 2012, and 10 firms attended. Staff responded to all questions
submitted by potential offerors prior to the December 13, 2012 deadline date.
Fourteen firms -David Evans and Associates, Inc.; Hernandez, Kroone &
Associates; Huitt-Zollars, Inc.; Krieger & Stewart; Ludwig Engineering Associates,
Inc.; LVR International; Mark Thomas & Company; Parsons Brinckerhoff; Precision
Engineering Surveyors, Inc.; Project Design Consultants; Psomas; RBF; RSE, Inc.;
and Towill, Inc. submitted responsible and responsive statements of
qualifications prior to the January 7 submittal deadline. Utilizing the evaluation
criteria set forth in the RFP, the 14 firms were evaluated and scored by an
evaluation committee comprised of Commission and Caltrans staff. Scoring was
based entirely upon the evaluation criteria set forth in the RFP.
Based on the committee's evaluation of the written submittals, and pursuant to the
terms of the RFP, the committee shortlisted 4 of the 14 offerors and invited those
firms to the interview portion of the evaluation and selection process. The
shortlisted firms included:
• Huitt-Zollars, Inc.
• Project Design Consultants
• Psomas
• RBF
Interviews with the above-referenced firms were conducted on January 31, and,
after final scoring by the evaluation committee, Psomas, Huitt-Zollars, Inc, and RBF
were ranked the most qualified firms under the terms of the RFP. Fees will be
negotiated with the firms to ensure fair and reasonable pricing. Individual task
orders will be issued to the consultants by the Commission's designated program
manager on a qualifications and/or rotational basis following acceptance of a fair
and reasonable price proposal.
Financial Information
In Fiscal Year Budget: I ~~ll Year: I FY 2012/13 Amount: I $ 15,000
FY 2013!14+ $285,000
Source of Funds: 11 989 and 2009 Measure A Western Budget I No
County Rail and Highway funds Adjustment: N/A
003823 81403 00066 0000 221 33 81401
GL!Project Accounting No.: 003021 81403 00066 0000 262 31 81401
003029 81403 00066 0000 262 31 81401
Fiscal Procedures Approved: ~~ I Date: I 02/13/13
Attachment: Standard Form On-Call Professional Services Agreement
Agenda Item 9
9
I
Agreement No. 13-31-040-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ON-CALL RIGHT OF WAY ENGINEERING AND SURVEYING
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) engineering and surveying 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 engineering
and surveying 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
10
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
11
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
[INSERT NAME OR TITLE], 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
12
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 AgreemenUiocation 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
13
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 NECESSARY-
FOR ENGINEERS/ARCHITECTS INCREASE TO $2,000,000 FOR TYPICAL JOBS; FOR
SITE REMEDIATION INCREASE TO $5,000,000 OR $10,000,000-OTHERWISE LEAVE
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
14
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 THERE IS A MAXIMUM COMPENSATION
AMOUNT TO BE PROVIDED IN THE AGREEMENT, INCLlJI:)ING ANYJASK ORI;)E~S,
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 and incorporated herein by reference. The
maximum compensation for Services to be provided pursuant to 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
15
-----------------------------
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
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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:
CONSULTANT: COMMISSION:
Riverside County
Transportation Commission
4080 Lemon Street, 3rd 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
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otherwise recorded on computer diskettes, which are prepared or caused to be prepared
by Consultant under this Agreement ("Documents & Data").
Consultant shall require all subcontractors to agree in writing that
Commission is granted an exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right
to grant the exclusive and perpetual license for all such Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were
prepared by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents
& Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at Commission's sole risk.
3.18.2 Intellectual Property. In addition, Commission shall have and
retain all right, title and interest (including copyright, patent, trade secret and other
proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data,
computer programs or software and source code, enhancements, documents, and any and
all works of authorship fixed in any tangible medium or expression, including but not limited
to, physical drawings or other data magnetically or otherwise recorded on computer media
("Intellectual Property") prepared or developed by or on behalf of Consultant under this
Agreement as well as any other such Intellectual Property prepared or developed by or on
behalf of Consultant under this Agreement.
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 refereneed 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
18
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
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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 all legal 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 ofthe
State of California. Venue shall be in Riverside County.
3.24 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.25 Commission's Right to Employ Other Consultants. The Commission
reserves the right to employ other consultants in connection with this Project.
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
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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 ef 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
21
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.31 Employment of Apprentices. This Agreement shall not prevent the
employment of properly indentured apprentices in accordance with the California Labor
Code, and no employer or labor union shall refuse to accept otherwise qualified employees
as indentured apprentices on the work performed hereunder solely on the ground of race,
creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the
standard wage paid to apprentices under the regulations of the craft or trade in which he or
she is employed and shall be employed only in the craft or trade to which he or she is
registered.
If California Labor Code Section 1777.5 applies to the Services, Consultant
and any subcontractor hereunder who employs workers in any apprenticeable craft or trade
shall apply to the joint apprenticeship council administering applicable standards for a
certificate approving Consultant or any sub-consultant for the employment and training of
apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall
employ the number of apprentices provided for therein, as well as contribute to the fund to
administer the apprenticeship program .in each craft or trade in the area of the work
hereunder.
The parties expressly understand that the responsibility for compliance with
provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California
Labor Code in regard to all apprenticeable occupations lies with Consultant.
3.32 No Waiver. Failure of Commission to insist on 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
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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
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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
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SIGNATURE PAGE
TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ON-CALL RIGHT OF WAY ENGINEERING AND SURVEYING
SERVICES
WITH [CONSULTANT]
IN WITNESS WHEREOF, the parties hereto haye. executed the Agreement on the
date first herein above written.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Karen S. Spiegel, Chair
17336.00000\7730829.1 16
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[INSERT CONSULTANT]
Signature
Nami(
Title
ATTEST:
By: __________________ _
Its: Secretary
------------------------------------
EXHIBIT "A"
SCOPE OF SERVICES
The Riverside County Transportation Commission (Commission) is issuing this Request for
Proposal for one or more Consultants to provide right of way engineering and survey
services, on an on-call, as needed basis in support of current and future Commission
projects. Such services will be for a period of three years with two one-year options, to be
exercised at the sole discretion of the Commission. Such services may include, but are not
limited to the following:
1. Consultant shall provide right of way engineering and survey services including but
not limited to: preparing Boundary Maps, Monumentation Maps, Survey Control
Maps, Records of Survey, Lot Line Adjustments, Subdivision Maps, Legal
Descriptions and Plats, Parcel Maps, Appraisal Maps, certificates of Compliance,
staking/marking of parcels and rights of way for appraisal and utility potholing
purposes and other right of way engineering as necessary.
2. Consultant shall prepare Boundary, Monumentation and Survey Control Maps
showing all parcels and easement boundaries and their relationship to the land net
monuments used to define them. In cases where the commission is working in
conjunction with he California Department of Transportation (Caltrans), these maps
shall conform to the State Right of Way engineering Procedures Handbook and
Drafting Manual in regard to content and appearance.
3. Consultant shall utilize appropriate land surveying and land title practices to:
a. Establish all property and easement boundaries within and overlapping the
project area.
b. Perform site reconnaissance and monument recovery.
c. Establish or reestablish all monumentation required by State law and local
regulations.
d. File a Record of Survey, if necessary, to comply with the Land Surveyors Act
The preparation, filing and associated fees will be the responsibility of
Consultant
All data, maps and documents produced by Consultant shall be subject to approval
and acceptance by the Commission's Project Manager, and in certain cases,
Caltrans. In the event of non-acceptance due to errors or omissions, Consultant
shall have seven calendar days to make corrections and return maps and
documents to the Commission. Final acceptance will occur only after the work
product has been determined to conform to the scope of work and requirements.
17336.00000\7730829.1 A-1
26
4. All surveying and mapping work affecting the State of California Right of Way at any
location, or along any route, shall be in accordance with State law and local
regulation and the procedures and instructions contained in the Caltrans Right of
Way Manual and the Caltrans Surveys Manual (Manuals) All right of way acquired
by the Commission on for State Highway System projects will be subject to
acceptance and transfer to the State.
a. The recovery, reestablishment, and survey of points which control existing
State R/W lines, or other pertinent boundary lines and centerlines, and the
monumentation thereof;
b. The survey and establishment of existing State R/W lines and the
monumentation thereof;
c. The preservation of existing monumentation threatened by construction;
d. The establishment of fee ownership boundaries and easement boundaries
for possible State R/W acquisition;
e. The survey and establishment of new State R/W lines and the
monumentation thereof;
f. Production of Records of Survey, right of Way maps (various types), Land
Descriptions, and Reports, together with the supporting documentation of all
work performed, in accordance with applicable laws and the Manuals.
5. Consultant shall appoint a Survey Manager who is a licensed Land Surveyor or
Licensed Civil Engineer, authorized to practice land surveying by the State of
California. The Survey Manager will be responsible for all work to be performed by
Consultant for the Commission.
6. Deliverables shall typically consist of three (3) originals.
7. If any legal" issues exist during the course of an assignment, Consultant shall
request legal opinion. All legal opinions shall be rendered by Commission's legal
counsel.
8. Consultant shall utilize the services of Commission's on-call consultants
supplemental work required for the effective delivery of Consultant's services to the
Commission. Fees charged by Commission's on-call consultants shall be paid
directly by the Commission.
9. Work and assignments shall be awarded to each consultant on a rotating basis.
Any and all work submitted by the Consultant shall be reviewed by the Consultant LS/LCE
and be complete and final in strict accordance with the California Board of Professional
17336.00000\7730829.1 A-2
27
Engineers and Land Surveyors Rule 476, Subsection (e), and signed and sealed in
accordance with Section 8761 of the Professional Land Surveyors Act.
As it pertains to projects affecting the State Highway System, work shall not be considered
complete until Caltrans has approved the work for inclusion into the Right of Way
Engineering files. Caltrans does not assume responsibility for the Consultant work after
inclusion in to the RIW Engineering files, Consultant shall retain responsibility for all work
performed and submitted.
Lot Line Adjustments, Parcel Maps, Surveys and Legal Descriptions Work required under
this Scope of Work may include field surveying, legal description and map preparation and
the marking of properties for utility potholing, appraisal and boundary determination
purposes or other right of way engineering required for transportation purposes. Surveys
prepared in connection with Caltrans projects shall be performed in accordance with the
current Manuals. Work not covered by the Manuals or not associated with Caltrans
projects shall be performed in accordance with accepted professional surveying standards.
Survey points, lines and monuments shall be established, marked, identified and
referenced. If required, Records of Survey shall be prepared and filed in accordance with
Chapter 15 (Land Surveyors Act) of the Business and Professions Code. A copy of original
survey documents resulting from contract work, which may include field notes, adjustment
calculations, final results and intermediate documents, may be required to be delivered and
will become the property of Commission.
End of Scope of Work
17336.00000\7730829.1 A-3
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17336.00000\7730829.1
EXHIBIT "B"
COMPENSATION
[INSERT]
B
29
EXHIBIT "C"
SAMPLE TASK ORDER FORM
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
TASK ORDER
Task Order No. __ _
Contract: [INSERT NAME OF CONTRACT]
Consultant: [INSERT NAME OF CONSULTANT]
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: _________ ,201 __
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
30
AGENDA ITEM 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: February 25, 2013
TO: Western Riverside County Programs and Projects Committee
FROM: William Von Klug, Right of Way Manager
THROUGH: Marlin Feenstra, Project Delivery Director
SUBJECT: Acquisition and Surplus of Real Property Located at Van Buren and
Indiana in the City of Riverside
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve the purchase and acquisition of real property, APN 234-250-013
(Parcel 2) for the amount of $29,000 and APN 234-250-030 (Parcel 1) for
the amount of $148,325 from the city of Riverside (Riverside), for a total
cost of $177,325;
2) Declare as surplus the real property purchased and acquired from the city
(APN 234-250-013 and 234-250-030);
3) Authorize the Executive Director to offer the surplus property for sale to the
public; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
In September 2009, the Commission approved the declaration of surplus property
located at Van Buren Boulevard and Indiana Avenue in the city of Riverside. Public
agencies were notified pursuant to Government Code 54220 et.seq that the
property was available, and, when no responses were received, it was then
advertised to the public for several months.
At the same time, Riverside commenced construction of the Van Buren Boulevard
overcrossing project. This project necessitated the acquisition of a portion of the
Commission's property (Parcel 1) in order to provide access on a short-term basis
to an adjacent private property (Parcel 2). Parcel 2 is surrounded by the
Commission-owned property that had been declared surplus. The agreement with
Riverside provided the Commission would be paid $148,325 for Parcel 1; when the
access was no longer needed, the Commission would buy Parcel 1 back for the
same price of $148,325.
Agenda Item 1 0
31
The project also limited access to the Commission's surplus property. Because of
these restrictions, the project, and the lack of interest in purchasing the property,
staff chose to stop advertising until the property could become more marketable.
Riverside acquired Parcel 2 and completed its project; therefore, it no longer needs
Parcel 2 and would like to sell it to the Commission. There is also a former canal
that bisects the Commission's property; since the ownership is unclear, Riverside
will quitclaim any interest to the Commission. There are no other possible buyers
for the parcels, as both parcels are landlocked and surrounded by Commission-
owned property.
Purchasing Riverside's property interest in Parcels 1 and 2 would give the
Commission one large viable site at Van Buren Boulevard and Indiana Avenue that
would be more attractive and more valuable in the current real estate market.
Riverside's appraised value and the proposed purchase price for Parcel 2, is
$29,000 or $6.00 per square foot, which staff considers a fair and reasonable
purchase price considering the size, location, zoning, and lack of access. The
property the Commission is required to buy back, Parcel 1, for the amount of
$148,325, brings the total value of this transaction to $177,325. Therefore, staff
requests approval to acquire Parcels 1 and 2 from Riverside at a cost of $177,325.
With the acquisition of Parcels 1 and 2, staff requests that the Commission declare
these parcels as surplus property and authorize the Executive Director to offer the
surplus property for sale to the public.
Financial Information
In Fiscal Year Budget: I Yes I Year: I FY 2012/13 Amount: I $177,325
Source of Funds: 11 989 Measure A Western County
Rail Capital Budget Adjustment: I No
GL!Project Accounting No.: P003800 81401 00000 0000 221 33 81401
Fiscal Procedures Approved: ~~ I Date: I 02!19/13
Agenda Item 1 0
32
Epic Land Solutions, Inc. , ,.....,_ ............................. ... of........._fflll\.lllllllatl ..... -. .............. aaa; ...... _,or..,.~~-~~~~~~~~....,.. .......................... _ ............. ............................... ,...... ........ Property to be ...... Declared as Surplus 0 100 200 Feet Riverside, California City (Parcel #1) e -117.442681' 33.913092 NAD 1983 StatePiane California VI FIPS 0406 Feet Projection: Lambert Conformal Conic Datum: North American 1983 Date: 2/25/2013
AGENDA ITEM 11
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: February 25, 2013
TO: Western Riverside County Programs and Projects Committee
FROM: Henry Nickel, Staff Analyst
Sheldon Peterson, Rail Manager
THROUGH: Robert Yates, Multimodal Services Director
SUBJECT: Amendment to Commission's Rail Program Short Range Transit Plans
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Amend the Commission's Commuter Rail Program's FY 2004/05,
FY 2009/10, FY 2010/11, and FY 2011112 Short Range Transit Plans
(SRTPs) to reflect the reallocation of Proposition 1 B Public Transportation
Modernization, Improvement, and Service Enhancement Account (PTMISEA)
funds of $12,861 from the rail car procurement, $730,580 from the La
Sierra Station parking lot expansion project, and $640,686 from the station
plan plus interest accrued since January 1, 2013, to the Perris Valley Line
closed circuit television (CCTV) and operations control center projects; and
2) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The SRTPs include plans for the Commission's Regional Commuter Rail Program
and provide detailed information about existing services and facilities, financial
forecasts and plans, as well as planned and proposed improvements to be
implemented. The Commission oversees transit service in Riverside County
primarily through the approval of SRTPs that detail the operating and capital costs
planned for transit services. Each operator adopts such a plan and then provides
data to the Commission on performance. As SRTPs are based upon estimates of
future projects, it is necessary to subsequently amend these documents upon
completion or changes to specified projects and circumstances. The Rail Program
is thus requesting amendments to its FY 2004/05, FY 2009/10, FY 2010/11, and
FY 2011/12 Commuter Rail SRTPs in order to:
• Cleanup unused funds through reallocation; and
• Use state grant funds to preserve local funds.
Agenda Item 11
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FY 2004/05, FY 2009/10, FY 2010/11, and FY 2011/12 SRTP Proposed
Amendments
At its April 13, 2005 meeting, the Commission approved an expanded base order
of four train cars or one locomotive and two train cars for an additional amount of
$7,875,000 for the 91 Line/IEOC Line/Perris Valley Line for delivery within three
years. On September 14, 2011, the Commission approved substitution of the local
transportation fund portion of the funding with PTMISEA unused funds of $84,524
from the La Sierra Station parking lot expansion project, anticipated PTMISEA
funds of $200,000 from the operations control center project, and anticipated
PTMISEA funds of $1,290,4 76 from the station plan. The final rail car
procurement amounted to less than estimated. A residual principal and
accumulated earned interest balance of $12,861 remains as of January 1, 2013.
Staff recommends an SRTP amendment to reallocate this balance and all
subsequently earned interest to the FY 2011/12 Perris Valley Line CCTV and
FY 2010/11 operations control center projects.
The approved FY 2009/10 SRTP included allocations of $870,637 in PTMISEA
funds to the La Sierra Station parking lot expansion project and $684,000 in
PTMISEA funds to the station plan. On September 14, 2011, the Commission
approved reallocation of remaining balances of these funds for use on the
FY 2011/12 Perris Valley Line CCTV and FY 2010/11 operations control center
projects. Residual funds remained within the applicable FY 2009/10 projects to
cover potential outstanding invoices. These projects are now closed; however,
residual principal and earned interest remain allocated to these closed projects. A
residual principal and earned interest balance of $730,580 remains in the La Sierra
Station parking lot expansion project as of January 1, 2013. A residual principal
and interest balance of $640,686 remains in the station plan as of
January 1, 2013. Staff recommends rescinding the applicable SRTP amendment of
September 14, 2011, and a new SRTP amendment to reallocate the total balance
of $1,371,266 and all subsequently accrued interest to the FY 2011/12 Perris
Valley Line CCTV and FY 2010/11 operations control center projects. No budget
adjustments are necessary, as the project expenditures will be incurred subsequent
to FY 2012/13.
Funding Year From To Amount
Prop 1 B FY2004/05 Rail Car Procurement Perris Valley Line CCTV $12,861 +
Prop 1 B FY2009/10 La Sierra Parking Expansion & Operations Control $730,580+
Prop 1 B FY2009/10 Station Rehabilitation Plan Center $640,686+
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Financial Information
In Fiscal Year Budget: j N/A j Years: J FY 2013!14+ \Amount: j $1,384,127+
Source of Funds: I Proposition 1 B I Budget Adjustment: I N/A
GLA No.: 1004018 xxxxx 265 33 xxxxx
Fiscal Procedures Approved: j ~~ I Date: I 02/19/13
Agenda Item 11
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