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02 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: --------------------------------------------- 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 /))..~ ./'/5t?;v-p 9= {?'-11/i_VoMi '/;~~ ~~N\<.:..~5\/\ ~A/Vt{ADIA \)r~/ ~~c~h £1Jffp /),A-;5)./ Jtt/Q 7 BQ ~:; "' rb-tv "J A /(J0 It Lo / /~M u-~/~ ~co #£ /b;.o~.) r k..,-rz., ..,k.... ~ !!/)~ D ~~/..::J//~ ~~~/~ M!t~tt ON. A4/f<_~( f> I U-C /''f -lf::'-5_ ..... ( ~. \+-.t'--s.o ~ pQ (-~ )U~ ... ..,~Lt}':6);'./~£?1 ./ i?~ u \.__ 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 16 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 17 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 19 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 20 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 22 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 23 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 24 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 25 [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 28 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 33 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+ Agenda Item 11 34 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 35