HomeMy Public PortalAbout06 June 24, 2019 Western Riverside County Programs and Projects
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MEETING AGENDA
Western Riverside County Programs and
Projects Committee
Time: 1:30 p.m.
Date: June 24, 2019
Location: BOARD ROOM
County of Riverside Administration Center
4080 Lemon St, First Floor, Riverside CA 92501
COMMITTEE MEMBERS
Brian Berkson, Chair/Chris Barajas,
City of Jurupa Valley
Michael Vargas, Vice Chair/Rita Rogers, City of Perris
Wes Speake/Jim Steiner, City of Corona
Clint Lorimore/Todd Rigby, City of Eastvale
Bill Zimmerman/Dean Deines, City of Menifee
Victoria Baca/Carla Thornton, City of Moreno Valley
Scott Vinton/Randon Lane, City of Murrieta
Berwin Hanna/Ted Hoffman, City of Norco
Andrew Kotyuk/Russ Utz, City of San Jacinto
Ben J. Benoit/Joseph Morabito, City of Wildomar
Kevin Jeffries, County of Riverside, District I
Jeff Hewitt, County of Riverside, District V
STAFF
Anne Mayer, Executive Director
John Standiford, Deputy Executive Director
AREAS OF RESPONSIBILITY
Air Quality, Capital Projects, Communications and
Outreach Programs, Intermodal Programs, Motorist
Services, New Corridors, Regional Agencies/Regional
Planning, Regional Transportation Improvement Program
(RTIP), Specific Transit Projects, State Transportation
Improvement Program (STIP)
Transportation Uniform Mitigation Fee (TUMF)
Program, and Provide Policy Direction on
Transportation Programs and Projects related to
Western Riverside County and other areas as may
be prescribed by the Commission.
TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Clerk of the Board
DATE: June 18, 2019
SUBJECT: G.C. 84308 Compliance – Potential Conflict of Interest
California Government Code 84308 states a Commissioner may not participate in any discussion or
action concerning a contract or amendment if a campaign contribution of more than $250 is
received in the past 12 months or 3 months following the conclusion from a bidder or bidder’s agent.
This prohibition does not apply to the awarding of contracts that are competitively bid. The
Commission’s procurement division asks potential vendors to disclose any contributions made to
the campaigns of any Commissioner as part of their submitted bid packets. As an additional
precaution, those entities are included below in an effort to give Commissioners opportunity to
review their campaign statements for potential conflicts. Please note the entities listed in this
memo are not encompassing of all potential conflicts and are in addition to any personal conflicts
of interest such as those disclosed on Statement of Economic Interests – Form 700 or prohibited
by Government Code Section 1090. Please contact me should you have any questions.
Agenda Item No. 10: Agreement with WSP USA Inc. for the Completion of the Project Initiation
Document Phase for the Riverside County Next Generation Express Lanes
Consultant(s): Victor Martinez, Vice President
WSP USA Inc.
862 E. Hospitality Lane, Suite 350
San Bernardino, CA 92408
RCTC Conflict of Interest Form
Purpose: This form is provided to assist
members of the RCTC Commissioners in meeting requirements of
87100 in documenting conflict of interests as related to RCTC
RCTC Commission may be required to disclose and disqualify
or voting on an agenda item due to personal income, real
positions, or receipt of campaign contributions. If applicable,
the following information, for entry into the public record, prior to
item(s) and turn in the completed form to the Clerk of the Board
RCTC member may not participate in any discussion or action
a campaign contribution of more than $250 is received in the past
conclusion from any entity or individual.
Government Code Section 84308 and
Commission/Committee agenda items.
Instructions: Under certain circumstances,
themselves from participating in, influencing,
property interests, investments, business
Commissioners must personally state
consideration of the involved agenda
prior to leaving the meeting. An
concerning a contract or amendment if
12 months or 3 months following the
I. Board Member Information
Board Member Name
City/County Name
Meeting Date
II. Campaign Contributions
1. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
2. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
3. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
4. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
of over $250 from to.pe S ��wir1 �,'��'re ,
(Identiffihe name of the co any and/or Individual) ,
on Agenda item /3 , Subject: _r fo
- to /a uth Ai evece .
of over $250 from ,
(Identify the name of the company and/or Individual)
on Agenda item , Subject: .
of over $250 from ,
(Identify the name of the company and/or Individual)
on Agenda item , Subject: .
of over $250 from ,
(Identify the name of the company and/or Individual)
on Agenda item , Subject: .
III. Financial Interest
1. I have a financial interest of , from/in
(State income,
and therefore I am abstaining from participation
2. I have a financial interest of
real property interest, investment or business position) (Identify name of company or property location)
on Agenda Item , Subject:
, from/in
(State income,
and therefore I am abstaining from participation
real property interest, investment or business position) (Identify name of company or property location)
on Agenda Item , Subject:
IV. Signature
Board Member Signature: „ '` Date: 2 ((A'
Please remember you must state the information into the public record prior to consideration of the involved agenda item(s) and
turn in the completed form to the Clerk of the Board prior to leaving the meeting.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
www.rctc.org
AGENDA*
*Actions may be taken on any item listed on the agenda
1:30 p.m.
Monday, June 24, 2019
BOARD ROOM
County Administrative Center
4080 Lemon Street, First Floor
Riverside, California
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72
hours prior to the meeting, which are public records relating to open session agenda items, will be available for
inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third
Floor, Riverside, CA, and on the Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal
Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is
needed to participate in a Commission meeting, including accessibility and translation services. Assistance is
provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring
reasonable arrangements can be made to provide assistance at the meeting.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
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.
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.
Western Riverside County Programs and Projects Committee
June 24, 2019
Page 2
5. 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.)
6. APPROVAL OF MINUTES – APRIL 22, 2019
7. CHANGE ORDER TO AMEND THE INTERSTATE 15 EXPRESS LANES PROJECT TOLL SERVICES
AGREEMENT WITH KAPSCH TRAFFICCOM USA FOR THE INTERSTATE 15/STATE ROUTE 91
EXPRESS LANES CONNECTOR PROJECT
Page 1
Overview
This item is for the Committee to:
1) Approve Contract Change Order (CCO) No. 6 to Agreement No. 16-31-043-00 for the
Interstate 15 Express Lanes Project (15 Express Lanes) with Kapsch TrafficCom USA Inc.
(Kapsch) in the amount of $2,809,286, plus a contingency amount of $290,000, for a
total amount not to exceed $3,099,286;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
negotiate and execute the change order on behalf of the Commission;
3) Authorize the Executive Director or designee to approve contingency work up to the
total not to exceed amount as required for the project; and
4) Forward to the Commission for final action.
8. CEQA REVALIDATION AND ADDENDUM FOR THE MODIFIED STATE ROUTE 91 CORRIDOR
IMPROVEMENT PROJECT’S EXPRESS LANE CONNECTOR IMPROVEMENTS
Page 36
Overview
This item is for the Committee to:
1) Adopt Resolution No. 19-011, subject to Caltrans approval and adoption of the
Addendum to the Environmental Impact Report/Environmental Impact Statement and
approval of the Revised Project, “Resolution of the Riverside County Transportation
Commission Adopting an Addendum to the Previously Certified Environmental Impact
Report (SCH #2008071075) Pursuant to the California Environmental Quality Act for
the State Route 91 Corridor Improvement Project and Approving the Proposed Changes
to the Project”; and
2) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
June 24, 2019
Page 3
9. REQUEST FOR PROPOSAL TO DESIGN AND CONSTRUCT THE INTERSTATE 15/STATE ROUTE
91 EXPRESS LANES CONNECTOR PROJECT THROUGH A DESIGN-BUILD CONTRACT
Page 45
Overview
This item is for the Committee to:
1) Authorize staff, subject to concurrence by the California Department of Transportation
(Caltrans) and the Federal Highway Administration (FHWA), to issue Request for
Proposal (RFP) No. 19-31-074-00 and future addenda to design and construct the
Interstate 15/State Route 91 Express Lanes Connector (15/91 ELC) project through a
design-build (DB) contract;
2) Approve the selection criteria for the selection of the apparent best value (ABV)
proposer;
3) Authorize the Executive Director to select the top-ranked ABV proposer for DB
services, based on the criteria identified in the RFP and addenda, and to conduct
subsequent limited negotiations;
4) Authorize the Executive Director to pay, to the unsuccessful shortlisted DB proposers
(or potentially all DB proposers in the case that the procurement is cancelled after the
proposal due date) that submit a timely and responsive proposal, a stipend of
$225,000, plus a contingency amount of $25,000 per proposer, for a total amount not
to exceed $1 million;
5) Authorize the Executive Director or designee to approve stipend contingency up to the
total amount not to exceed as deemed necessary; and
6) Forward to the Commission for final action.
10. AGREEMENT WITH WSP USA INC. FOR THE COMPLETION OF THE PROJECT INITIATION
DOCUMENT PHASE FOR THE RIVERSIDE COUNTY NEXT GENERATION EXPRESS LANES
Page 53
Overview
This item is for the Committee to:
1) Award Agreement No. 19-31-058-00 to WSP USA Inc. (WSP) to provide planning and
preliminary engineering services to complete the Project Initiation Document for the
Next Generation Express Lanes Project (NGELP), in the amount of $996,110, plus a
contingency amount of $99,611, for a total contract amount not to exceed $1,095,721;
2) Authorize the Executive Director, or designee, to approve an increase not to exceed
$20,000 of the total amount based on the final Caltrans Independent Office of Audits
and Investigations (IOAI) and Commission’s pre-award audit results;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission;
4) Authorize the Executive Director, or designee, to approve contingency work up to the
total not to exceed amount as may be required for the Project; and
5) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
June 24, 2019
Page 4
11. AWARD OF CONSTRUCTION AGREEMENT WITH RIVERSIDE CONSTRUCTION FOR THE MID
COUNTY PARKWAY MITIGATION SITE
Page 100
Overview
This item is for the Committee to:
1) Award Agreement No. 19-31-086-00 to Riverside Construction, as the lowest
responsive, responsible bidder, for the construction of the Mid County Parkway (MCP)
Mitigation Project (Project) in the amount of $1,782,653, plus a contingency amount
of $267,398, for a total amount not to exceed $2,050,051;
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 or designee to approve contingency work pursuant
to the agreement terms up to the total not to exceed amount; and
4) Forward to the Commission for final action.
12. AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR SENATE
BILL 1 FUNDING OF THE FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY
Page 116
Overview
This item is for the Committee to:
1) Approve Agreement No. 19-45-101-00 with the California Department of
Transportation (Caltrans) for the Senate Bill (SB) 1 funding of the Riverside County
Freeway Service Patrol (FSP) program in an amount not to exceed $1,390,287;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
June 24, 2019
Page 5
13. AMENDMENTS FOR CONSTRUCTION FREEWAY SERVICE PATROL TOWING SERVICES
SUPPORTING THE STATE ROUTE 60 TRUCK LANES PROJECT
Page 126
Overview
This item is for the Committee to:
1) Approve the following amendments to agreements to provide Construction Freeway
Service Patrol (CFSP) services for the State Route 60 Truck Lanes Project (Project) for
an additional amount not to exceed an aggregate value of $500,000:
a) Agreement No. 15-45-060-03, Amendment No. 3 to Agreement
No. 15-45-060-00, with Airport Mobile Towing, Inc. (Airport);
b) Agreement No. 18-45-131-03, Amendment No. 3 to Agreement
No. 18-45-131-00, with Coastal Pride Towing, Inc. (Coastal);
c) Agreement No. 17-45-061-01, Amendment No. 1 to Agreement
No. 17-45-061-00, with Pepe’s Towing, Inc. (Pepe’s);
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission; and
3) Forward to the Commission for final action.
14. COMMISSIONERS / STAFF REPORT
Overview
This item provides the opportunity for the Commissioners and staff to report on attended and
upcoming meeting/conferences and issues related to Commission activities.
15. ADJOURNMENT
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN -IN SHEET
DUNE 24, 2019
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
DUNE 24, 2019
County of Riverside, District I
County of Riverside, District V
City of Corona
City of Eastvale
City of Jurupa Valley
City of Menifee
City of Moreno Valley
City of Murrieta
City of Norco
City of Perris
City of San Jacinto
City of Wildomar
Absent
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AGENDA ITEM 6
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, April 22, 2019
MINUTES
1. CALL TO ORDER/ ROLL CALL
The meeting of the Western Riverside County Programs and Projects Committee was
called to order by Chair Brian Berkson at 1:31 p.m., in the Board Room at the County of
Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California,
92501.
2. ROLL CALL
Members/Alternates Present Members Absent
Victoria Baca Kevin Jeffries
Ben Benoit
Brian Berkson
Berwin Hanna
Jeff Hewitt
Clint Lorimore
Wes Speake
Russ Utz
Michael Vargas
Scott Vinton
Bill Zimmerman
3. PLEDGE OF ALLEGIANCE
At this time, Vice Chair Michael Vargas led the Western Riverside County Programs and
Projects Committee in a flag salute.
4. PUBLIC COMMENTS
There were no requests to speak from the public.
5. APPROVAL OF MINUTES – MARCH 25, 2019
M/S/C (Benoit/Zimmerman) to approve the minutes as submitted.
RCTC WRC Programs and Projects Committee Minutes
April 22, 2019
Page 2
6. ADDITIONS/REVISIONS
There were no additions or revisions at this time.
7. AGREEMENT WITH HDR ENGINEERING, INC. FOR THE COMPLETION OF PROJECT
APPROVAL/ENVIRONMENTAL DOCUMENT FOR THE INTERSTATE 15 EXPRESS LANES
PROJECT-SOUTHERN EXTENSION
Stephanie Blanco, Capital Projects Manager, presented the scope of the agreement with
HDR Engineering, Inc. for the completion of project approval/environmental document
for the Interstate 15 Express Lanes Project-Southern Extension.
In response to Commissioner Bill Zimmerman’s question regarding CMAQ funds,
Stephanie Blanco stated the Commission is using CMAQ funding for the PA/ED because it
is currently available and the STIP funding will not be available for use until FY 2022/23.
In response to Commissioner Jeff Hewitt’s question regarding the preliminary
engineering, Stephanie Blanco stated the preliminary engineering includes 15% of the
design so the environmental analysis and the environmental studies can be completed.
M/S/C (Baca/Zimmerman) to:
1) Award Agreement No. 19-31-025-00 to HDR Engineering, Inc. (HDR) to
provide preliminary engineering and environmental analysis services for
the Interstate 15 Express Lanes Project - Southern Extension (I-15 ELPSE),
in the amount of $26,320,011, plus a contingency amount of $2,632,001,
for a total amount not to exceed $28,952,012;
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, or designee, to approve contingency
work as may be required for the Project; and
4) Forward to the Commission for final action.
8. AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE
15/91 EXPRESS LANES CONNECTOR PROJECT DESIGN-BUILD PHASE
David Thomas, Toll Project Manager, presented the details of the agreement with OCTA
for the 15/91 Express Lanes Connector Project design build phase.
M/S/C (Baca/Hewitt) to:
1) Approve Agreement No. 19-31-067-00 with Orange County
Transportation Authority (OCTA) for reimbursement for closure of the
OCTA 91 Express Lanes in support of the Interstate 15/State Route 91
Express Lanes Connector Project (15/91 ELC) in the amount of $398,000,
RCTC WRC Programs and Projects Committee Minutes
April 22, 2019
Page 3
plus a contingency amount of $39,000, for a total amount not to exceed
$437,000;
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 or designee to approve contingency
work up to the total amount not to exceed as required for the project;
4) Authorize the Executive Director or designee to approve future non-
funding amendments to this agreement; and
5) Forward to the Commission for final action.
9. FUNDING AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL FOR FREEWAY
SERVICE PATROL SUPERVISION
Michelle McCamish, Management Analyst, presented the scope of the funding agreement
with CHP for FSP supervision.
Commissioner Russ Utz asked about the CHP overtime and if they are charging the
contractor for the time as well.
Anne Mayer explained the funding provided to CHP covers all of the training for the tow
drivers that are part of our program so there is only one payment to CHP. This program
is different in that it is very hard to maintain tow providers in the program because it is
very expensive for them to operate. The Commission has been covering this cost to help
the vendors participate in the program.
Michelle McCamish clarified for Commissioner Clint Lorimore about the CHP overtime for
the FSP program.
Chair Brian Berkson added the task in this item is specifically for the FSP CHP officers. It
does not overlap with other officer duties.
Commissioner Hewitt commented on the CHP overtime fees.
Anne Mayer added RCTC has an outstanding relationship with the CHP and it makes it
easier to address the checks and balances and make sure all charges are appropriate.
Michelle McCamish clarified for Commissioner Scott Vinton that the morning and
afternoon rush hour times are considered overtime because there are various factors,
regular service hours, toll hours, weekend hours, construction FSP, in addition to training,
certification, and supervision, etc.
M/S/C (Baca/Zimmerman) to:
1) Approve Agreement No. 19-45-063-00 with the California Highway Patrol
(CHP) to provide supervision and operation of the Freeway Service Patrol
RCTC WRC Programs and Projects Committee Minutes
April 22, 2019
Page 4
(FSP) program in Riverside County for a three-year term in an amount not
to exceed $4,046,158;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
10. COMMISSIONERS / STAFF REPORT
Commissioner Wes Speake congratulated staff on the hard work they did for the El Cerrito
detour in the city of Corona.
Vice Chair Vargas announced: On Saturday, April 27 in Perris there will be three events;
A 5k Color Run, Health Fair, and the Tamale Fest.
11. ADJOURNMENT
There being no further business for consideration by the Western Riverside County
Programs and Projects Committee, the meeting was adjourned at 2:03 p.m.
Respectfully submitted,
Lisa Mobley
Clerk of the Board
AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 24, 2019
TO: Western Riverside County Programs and Projects Committee
FROM: David Thomas, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT:
Change Order to Amend the Interstate 15 Express Lanes Project Toll Services
Agreement with Kapsch TrafficCom USA for the Interstate 15/State Route 91
Express Lanes Connector Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Contract Change Order (CCO) No. 6 to Agreement No. 16-31-043-00 for the
Interstate 15 Express Lanes Project (15 Express Lanes) with Kapsch TrafficCom USA Inc.
(Kapsch) in the amount of $2,809,286, plus a contingency amount of $290,000, for a total
amount not to exceed $3,099,286;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to negotiate
and execute the change order on behalf of the Commission;
3) Authorize the Executive Director or designee to approve contingency work up to the total
not to exceed amount as required for the project; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
In April 2017 Governor Brown signed Senate Bill 132 (SB 132) which appropriated $427 million to
the Riverside County Transportation Efficiency Corridor (RCTEC) for five projects. SB 132
allocated $180 million to the Interstate 15/State Route 91 Express Lanes Connector (15/91 ELC)
Project. The 15/91 ELC Project will provide a tolled express lanes connector between the existing
91 Express Lanes and the future 15 Express Lanes to the north of SR-91 (Figure 1: 15/91 ELC
Project Vicinity Map, Figure 2: Work Vicinity Map).
1
Agenda Item 7
Figure 1: 15/91 Express Lanes Connector Project Vicinity Map
Figure 2: Work Vicinity Map
2
Agenda Item 7
SB 132 also statutorily created a task force to develop recommendations to accelerate project
delivery of the RCTEC projects. On June 27, 2017, Governor Brown signed budget trailer bill
Assembly Bill 115 (AB 115) through which the Commission received additional project delivery
authority to ensure cost-effective and timely delivery of the 15/91 ELC Project.
At its October 2017 meeting, the Commission approved an overall procurement strategy for the
15/91 ELC Project to secure all the services and construction needed to deliver the project. The
approved strategy consists of a series of contract amendments, as permitted by AB 115, to
existing 91 Project and 15 Express Lanes contracts with engineering companies, contractors, toll
vendors, legal, and financial advisors.
DISCUSSION:
The construction of the 15/91 ELC will provide for a seamless trip between the 91 Express Lanes
and 15 Express Lanes. A customer driving eastbound in the RCTC 91 Express Lanes will have the
option of travelling north to the 15 Express Lanes via the 15/91 ELC. A customer driving
southbound on the 15 Express Lanes will have the option of travelling west on the 91 Express
Lanes via the 15/91 ELC. These movements will require the toll system to identify when and
where the vehicle entered the system and share that information between the 91 Express Lanes
toll system and the 15 Express Lanes toll system in order to determine the toll for the interfacility
trip. Today, the 91 Express Lanes roadside toll system is operated and maintained by Cofiroute,
USA (Cofiroute). The 15 Express Lanes roadside toll system will be designed, installed, operated,
and maintained by Kapsch.
While developing the tolling Concept of Operations for the 15/91 ELC, it became apparent that
the interfacility trip pricing was going to be challenging with two different toll systems and
operators. Staff and the 15 Express Lanes Project team evaluated several options for resolving
these challenges and determined that the most efficient and effective short and long-term
solution is to transition the 91 Express Lanes roadside toll system from Cofiroute (the current
system) to Kapsch (the new system compatible with the 15 Express Lanes). In addition, the
Orange County Transportation Authority (OCTA) selected Kapsch to replace the OCTA 91 Express
Lanes roadside toll system that results in both agencies upgrading to the same roadside toll
system. By transitioning the RCTC 91 Express Lanes roadside toll system to Kapsch, transaction
processing and revenue collection for the 91 Express Lanes, 15/91 ELC and 15 Express Lanes will
be more effective and efficient. As the change to the RCTC 91 Express Lanes roadside toll system
is required to integrate the 15/91 ELC into the interfacility processing, the RCTC 91 Express Lanes
roadside toll system transition will be funded by the 15/91 ELC project.
Based on the overall procurement strategy approved for the 15/91 ELC, staff recommends a
change order to the 15 Express Lanes Toll Services agreement to design and install the
replacement of the existing RCTC 91 Express Lanes roadside toll system to provide compatibility
across the entire RCTC tolling environment. The scope of this change order includes the following
components:
3
Agenda Item 7
a) Design and install a replacement tolling gantry for the existing south connector from the
RCTC 91 Express Lanes to the south I-15;
b) Design and install a new Variable Toll Message Sign (VTMS) at the Orange
County/Riverside County Line for the eastbound RCTC 91 Express Lanes; and
c) Add network modifications to connect the RCTC 91 Express Lanes tolling equipment to
the 15 Express Lanes tolling network.
The Kapsch contract provided pre-negotiated costs for roadside toll system equipment allowing
for a straightforward mechanism for determining the costs of the RCTC 91 Express Lanes roadside
toll system equipment. Staff worked with Kapsch to negotiate the costs associated with non-
equipment installation costs and the costs related to the operations and maintenance of the
roadside toll system. The total negotiated cost for CCO No. 6 is $2,809,286, plus a contingency
of $290,000, for a total amount not to exceed $3,099,286.
The table below summarizes the status of 15/91 ELC related change orders and amendments to
Kapsch’s contract.
Kapsch
15/91 ELC Related
Amendments/Change Orders
Status Amount Contingency Total
CCO No. 3 – Deputy PM and
Tolling Back Office Software
Development
Commission
approved on
March 14, 2018
$ 314,721 $ 31,500 $ 346,221
CCO No. 5 – Replace 91
Express Lanes Roadside Toll
System
Commission
approved on
July 11, 2018
4,478,461 500,000 4,978,461
CCO No. 6 – Add South
Gantry, County-Line VTMS,
and network modifications to
support the Express Lanes
Roadside Toll System
(subject of this report)
For Commission
approval on
July 10, 2019
2,809,286 290,000 3,099,286
Totals $7,602,468 $ 821,500 $8,423,968
RECOMMENDATION:
Staff recommends approval of CCO No. 6 to amend the Toll Services agreement between the
Commission and Kapsch in the amount of $2,809,286, plus a contingency amount of $290,000,
for a total amount not to exceed $3,099,286. Further, authorization is requested for the Chair or
Executive Director to negotiate and execute the amendment on behalf of the Commission and
for the Executive Director or designee to approve contingency work up to the total not to exceed
amount as required for the project.
4
Agenda Item 7
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2019/20
FY 2020/21 Amount: $1,053,000
$2,046,286
Source of Funds: SB 132 State Funds Budget Adjustment: No
N/A
GL/Project Accounting No.: 003039 81301 00000 0000 605 31 81301
Fiscal Procedures Approved: Date: 06/13/2019
Attachment: Draft Change Order No. 6
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Change Response / TSP Change Request
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
I-15 Toll Services Provider Contract
*** DRAFT ***
Change Order No. _____6_____
Pursuant to: (check appropriate box)
Written Change Notice No._____6__, dated 03 Dec 2018, submitted by RCTC to TSP
pursuant to Section 20.4.1 of the Contract
TSP Change Request No._______, dated __________, submitted by TSP to RCTC
pursuant to Section 20.6 of the Contract
Directive Letter No. ________, dated __________, submitted by RCTC to TSP pursuant
to Section 20.3 of the Contract
Reference is made to that certain Toll Services Contract dated as of 26 January 2016, by and
between Riverside County Transportation Commission (“RCTC”), a public entity of the State of
California (“RCTC”), and Kapsch TrafficCom USA, Inc., a corporation organized under the laws
of Delaware (“TSP”), as amended, together with all Exhibits and prior amendments (the
“Contract”).
This Change Order amends the Contract.
Capitalized terms used, but not defined, in this Change Order have the meanings given in, and
all Section and Exhibit references shall be to the Contract.
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SECTION I – Narrative, Discussion of Additions, Deletions, Modifications to the
Requirements of the Toll Services Contract
A. Evaluation of Change including whether TSP considers any RCTC-Initiated
Change to constitute a Change and the specific provision(s) of this Contract
which permit a Change Order (Section 20.4.3(a)(i)):
N/A – RCTC Initiated Change Order
Overview of scope of Change (Section 20.4.3(a)(iii)). For detailed scope of Change,
please complete the Change Response Price Form:
All capitalized terms used in this Change Order #6 and not defined herein have the meanings given to
such terms in the Toll Services Contract dated as of January 26, 2017 (as amended by this Change Order
and the previous Change Order #5), the Contract between the Riverside County Transportation
Commission (RCTC) and Kapsch TrafficCom USA, Inc. (TSP).
RCTC plans to develop a new Express Lanes connector (ELC or ELC Project) between the SR-91 Express
Lanes (SR-91 EL) and the future I-15 Express Lanes being developed under the I-15 Express Lanes Project
(ELP Project). The ELC will consist of one Express Lane in each direction facilitating a direct east-to-north
and south-to-west connection between the recently opened SR-91 Express Lanes extension and the
future Express Lanes on I-15. The ELC will allow SR-91 Express Lanes customers and I-15 Express Lanes
customers to make a continuous trip between the two Express Lane facilities.
Part 1: SR-91 Retrofit to support upgraded roadside electronic tolling system
Background
The construction of the ELC will create new destinations accessible from the SR-91 Express Lanes and I-
15 Express Lanes. The I-15 Express Lanes system shall be modified to allow for a new inter-facility
pricing strategy. Given the access configuration and location of toll points on the SR-91 Express Lanes
and the I-15 Express Lanes, customers using the ELC will be required to use the RCTC segment of the SR-
91 Express Lanes and one segment of the I-15 Express Lanes. Prices for ELC transactions shall be
combined with the RCTC SR-91 Express Lanes Segment and the I-15 Express Lanes Segment, creating an
inter-facility pricing zone. Additionally, tolls for trips beginning with segment one northbound on the I-
15 Express Lanes to the SR-91 Express Lanes westbound or SR-91 Express Lanes eastbound through
segment four of the I-15 Express Lanes southbound shall be combined.
Pricing between the SR-91 Express Lanes and the I-15 Express Lanes will require an interface between
the SR-91 Express Lanes and I-15 Express Lanes toll systems to collect and exchange entry time data. For
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example, the SR-91 Express Lanes toll system would need to know the time that ELC users saw the SR-91
Express Lanes price so that the appropriate toll could be charged.
The ELC pricing strategy is illustrated in Figure 1. This strategy introduces a new pricing zone that
encompasses the RCTC segment of the SR-91 Express Lanes and the entirety of the I-15 Express Lanes so
that the price to travel to the ends of the I-15 Express Lanes would be displayed at the SR-91 County
Line and the price to travel to the SR-91 County Line would be displayed on I-15 Express Lanes signs.
The PROJECT is made up of 3 sub projects:
1) The SR-91 Express Lanes (SR-91 EL or SR-91 Subproject) – covered in a previous Change Order
#5 and this Change Order #6;
2) The I-15 Express Lanes Project (ELP or ELP Subproject) – covered in the Contract; and
3) The Express Lanes connector (ELC or ELC Subproject) between the SR-91 Express Lanes (SR-91
EL or SR-91 Subproject) and the I-15 Express Lanes being developed under the I-15 Express
Lanes Project (ELP or ELP Subproject) – covered in a future Change Order.
Within the subprojects can be Phases of work:
1) SR-91 Subproject
a. Phase 1 – SR-91 Tolling System Retrofit (covered in Change Order #5):
Retrofit the existing RCTC SR-91 Express Lanes roadside electronic tolling system (currently
Neology) with TSP’s roadside electronic tolling system of the same design as the roadside
electronic tolling system being installed on the I-15 for the I-15 Express Lanes Project (ELP
Project) to provide compatibility across the entire RCTC tolling environment and add additional
capabilities to the SR-91 Express Lanes (i.e., 6C compatibility) that are being introduced in the
ELP Project. The ETC Host will provide “core” services only by creating vehicle transactions and
transmitting them to the SR-91 Operator for trip-building.
b. Phase 2 – SR-91 New Tolling Infrastructure – this Change Order (Change Order #6)
i. South Connector Tolling Gantry (including SR-91 (Gantry) Turnover Package 5)
1) Install new tolling equipment on new gantry (provided through Turnover
Package 5) on the south-end (I-15) of the existing South Connector. This
tolling point will have 1 toll lane in each direction. The tolling location will
be tied into the existing SR-91 fiber communications system, and
communicate, initially, with the SR-91 Operator.
2) After the new tolling location is put into Revenue Service, the TSP will
decommission the existing toll point at the I-15/SR-91 interchange by
removing the toll equipment from the site, before the gantries are removed
due to ELC construction.
ii. County Line VTMS (including SR-91 (VTMS) Turnover Package 6)
1) Install new price sign equipment consisting of LED displays for pricing
for 3 destinations. This sign will be tied into the existing SR-91 fiber
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communications network, and will communicate with the new ROC
facility being created for the ELP Subproject.
2) A Yagi antenna will be mounted to the new VTMS sign to support
determination of delay for assignment of toll pricing in the Eastbound
direction on the SR-91 Express Lanes.
iii. Connect SR-91 Tolling Infrastructure to the I-15 ROC
1) Including the SR-91 Tolling Points as part of the overall Trip
Building/Trip Pricing process for the I-15 and RCTC SR-91 Tolling
Network – in Change Order #3
2) After ELP Subproject has reached Revenue Service, the tolling locations
on the SR-91 EL will be disconnected from communicating with the SR-
91 Operator, and will be reconnected with the ETC Host located at the
new ROC facility for the ELP Subproject – this Change Order (Change
Order #6)
3) Includes changes to the Back Office System software to support multi-
facility trip tolling.
2) ELP Subproject – including Turnover Packages 1, 2, 3 and 4
Currently contracted tolling project for the I-15.
3) ELC Subproject – including Turnover Package 7 – a future Change Order
Install new tolling equipment on new gantry (provided through Turnover Package 7) on the
north-end (I-15) of the new Express Lanes (North) Connector. This tolling point will have 1 toll
lane in each direction. The tolling location will be tied into the new I-15 fiber communications
system, and communication with the new I-15 ROC facility.
SR-91 (Phase 2) D&D Work Milestones:
The key milestone dates for SR-91 (Phase 2) D&D Work are:
1) Notice to Proceed – SR-91 (Phase 2) (NTP-SR91 (Phase 2))– August 1, 2019
2) County-Line VTMS
a. SR-91 (VTMS) Turnover Package 6 (County Line VTMS) – Simultaneous with ELP Package
3 Turnover.
b. Installation Work – Simultaneous with ELP Package 3 installation work.
c. Site Acceptance Testing – Simultaneous with ELP Package 3 Site Acceptance Testing
3) Network Installation
a. Installation Work – Simultaneous with ELP Package 3 and ELP Package 4 installation
work.
b. Operations Testing (County-Line VTMS and Network Revisions) – Simultaneous with ELP
Operations Testing (July 2020)
c. County-Line VTMS/Network Revisions Revenue Service Commencement Deadline – July
23, 2020 (Simultaneous with ELP Revenue Service Commencement Deadline)
4) South Gantry
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a. SR-91 (Gantry) Turnover Package 5 (South Gantry) – September 1, 2019 – For
acceptance of site from DB.
b. Installation Work – January 2020
c. Site Acceptance Testing – January 2020
d. Operations Testing – February 2020
e. South Gantry Revenue Service Commencement Deadline – March 1, 2020
f. I-15/SR-91 Existing Site Decommissioning – NLT March 31, 2020
NTP-SR91 (Phase 2):
RCTC will not issue NTP-SR91 (Phase 2) until satisfaction of the following requirements:
1) TSP has delivered to RCTC the NTP-SR91 (Phase 2) Performance Bond Rider and the NTP-
SR91 (Phase 2) Payment Bond Rider, as specified in Part 3, section 6 below;
2) TSP has submitted to RCTC the certificates of insurance and endorsements as required by
Section 17.3.2 of the Contract to confirm the existence of all the insurance coverages required, as
specified in Part 3, section 5 below;
3) TSP has delivered to RCTC an executed consent of the Guarantor to the addition of SR-91
(Phase 2) to the Project in the form provided in this Change Order; and
4) TSP has provided to RCTC any other documents, things or assurances required by this
Change Order as a condition of NTP-SR91 (Phase 2).
RCTC has no obligation to issue NTP-SR91 (Phase 2), and unless and until NTP-SR91 (Phase 2) is issued,
RCTC has no liability to TSP under the Contract or this Change Order with respect to SR-91 (Phase 2).
SR-91 (Phase 2) Deliverables:
Deliverable Format for Update Delivery
Baseline Schedule Update to Standalone SR-91
Schedules
SR-91 Phase 2 NTP + 30 days
Four-Week Look Ahead
Schedule Standalone SR-91 Schedules Weekly
Civil Site Acceptance Checklist Submit with Installation Plan update See Installation Plan
Communications Network
Acceptance Checklist
Submit with Installation Plan update See Installation Plan
Installation Plan for South
Gantry
update by addendum with any specific
requirements
NLT 60 days prior to South Gantry
Installation
Installation Drawings for South
Gantry Standalone NLT 60 days prior to South Gantry
Installation (NOTE 1)
Transportation Management
Plan
update by addendum with any specific
requirements for SR-91 (Phase 2)
NLT 30 days prior to South Gantry
Installation
Individual Test Plans for South
Gantry
Standalone NLT 60 days prior to South Gantry
Installation
Individual Test Reports
(including Site Commissioning,
Standalone Completion of testing plus 5 Days
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Operations Testing) for South
Gantry
As-Built Technical Drawings
for South Gantry Updates to SR-91 Standalone Package
SR-91 (Phase 2) South Gantry
Revenue Service Commencement
plus 30 Days (NOTE 2)
List of Materials for South
Gantry
For South Gantry Installation plus
spares
NLT 60 days prior to South Gantry
Installation
Maintenance Plan Updates for
South Gantry Updates to SR-91 Interim Plan NLT 30 days prior to South Gantry
Installation
SR-91 Transition Plan for
South Gantry
Updates to existing SR-91 Transition
Plan
NLT 60 days prior to South Gantry
Installation
Installation Drawings for
County-Line VTMS Standalone NLT 60 days prior to County-Line
VTMS Installation (NOTE 1)
Individual Test Plans for
County-Line VTMS Standalone NLT 60 days prior to County-Line
VTMS Installation
Individual Test Reports
(including Site Commissioning)
for County-Line VTMS
Standalone
Completion of testing plus 5 Days
As-Built Technical Drawings
for County-Line VTMS Updates to SR-91 As-Built Package ELP As-Built Package Delivery
(NOTE 2)
List of Materials for County-
Line VTMS
For County Line VTMS Installation plus
spares
NLT 60 days prior to County-Line
VTMS Installation
Maintenance Plan for County-
Line VTMS Include in ELP Maintenance Plan ELP Maintenance Plan Delivery
Installation Plan for Network
Revisions
update by addendum with any specific
requirements for SR-91 (Phase 4)
NLT 60 days prior to Network
Revisions Installation
Installation Drawings for
Network Revisions Standalone for SR-91 (Phase 4) NLT 60 days prior to Network
Revisions Installation (NOTE 1)
Individual Test Plans for
Network Revisions Include with ELP Package 4 testing ELP Package 4 testing
Individual Test Reports Include with ELP Package 4 testing ELP Package 4 testing
As-Built Technical Drawings Updates to SR-91 As-Built Package ELP As-Built Package Delivery
List of Materials for Network
Revisions
Update existing List of Materials (if
necessary)
NLT 60 days prior to Network
Revisions Installation
SR-91to ROC Transition Plan Updates to existing SR-91 Transition
Plan
NLT 30 days prior to Network
Revisions Installation
NOTE 1: PDF and AutoCAD acceptable for this milestone.
NOTE 2: Final As-built drawings must be delivered in PDF and Microstation formats.
Part 2: O&M Work
A. SR-91 Pre-ELP O&M Work
This Change Order extends the SR-91 Pre-ELP O&M Work period, initially set in Change Order #5 to run
through December 31, 2019, to now run through July 31, 2020.
TSP acknowledges that Change Order #5, and this Change Order #6 do not address all potential
additional O&M scope arising from the SR-91 and that RCTC may, in its discretion, elect to add such
additional O&M scope pursuant to a further Change Order or amendment to the Contract at a future
date.
1) The SR-91 Pre-ELP O&M period is extend through July 31, 2020.
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2) SR-91 Phase 2 will incur no additional O&M costs because the new tolling location (south gantry)
is replacing an existing location (I-15/91 gantry), the County-Line VTMS is not operational until
ELP Revenue Service Commencement, and the network revisions are simply a redirection of the
communications infrastructure from the ETC Host at the Anaheim Data Center (SR-91 Operator)
to the ETC Host at the ROC (ELP).
3) ELP O&M will commence at ELP Revenue Service (per current contract).
Part 3: Other Material Terms
1) MOT
a. Coordination of MOT is the responsibility of TSP and shall be handled in accordance with
the Technical Provisions, Sections 4.7.1 – 4.7.7.
2) Spare Parts
a. A list of recommended Spare Parts for the SR-91 work will be provided for review and
approval by RCTC per TP Section 16.5, as a condition of executing this Change Order.
b. The purchase and pricing of the spares WILL be part of this Change Order #6.
3) KPIs
The KPIs listed in TP 19.4 – Table 19-2 Key Performance Indicators (KPIs) shall apply to the
County-Line VTMS and the network modifications at the commencement of Revenue
Service for the ELP. The KPIs listed in TP 19.4 – Table 19-2 Key Performance Indicators
(KPIs) shall apply to the South Gantry when the South Gantry enters Revenue Service (see
milestone schedule for planned dates).
4) Liquidated Damages
The liquidated damages set forth in Section 11 and Exhibit 22 of the Contract will apply
to the SR-91 work following SR-91 (Phase 2) South Gantry Revenue Service
Commencement (for which the KPIs identified in 3 above shall apply).
5) Insurance Requirements
TSP shall modify their insurance policies and certificates as follows:
a) Additional Insured: Orange County Transportation Authority
b) Ensure includes the SR-91 (Phase 1 and 2) Work
6) Bonding Requirements
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a. As a condition precedent to NTP-SR91 (Phase 2), TSP shall deliver to RCTC the updated
NTP-SR91 Performance Bond Rider and the NTP-SR91 Payment Bond Rider.
7) Limitation of TSP’s Liability
For the avoidance of doubt, the Total Capital Cost, as referenced in Section 25.1.1(a) of
the Contract, shall reflect the addition of the SR-91 (Phase 2) Total Capital Cost.
8) Source Code Escrow
As a condition to payment of invoices for SR-91 (Phase 2) Payment Milestones and
monthly installments of the SR-91 Pre-ELP O&M Cost and SR-91 (Phase 2) TCS
Acceptance, TSP shall place all the Software Source Code for Pre-Existing Software
owned by TSP, licensed to or by TSP or with respect to which TSP has a right to use in
connection with the SR-91 D&D Work or the SR-91 Pre-ELP O&M Work into escrow in a
jointly keyed and locked fireproof cabinet supplied by TSP and located in the Co-Located
Office or another location acceptable to both Parties. Access to and release of Software
Source Code will be in accordance with the terms of Exhibit 6 of the Contract,
notwithstanding that this has not been fully executed by all required parties. All such
escrowed Software Source Code shall be promptly transferred to the Source Code
Escrow upon establishment of the same in accordance with the Contract.
Part 4:
SR-91 Phase 2:
A. Payments based on labor, overhead, margin, ODC, and subcontract costs
(Percentages indicated below are percentages of the SR-91 (Phase 2) Total System Cost)
1) Notice to Proceed – SR-91 (Phase 2) (NTP-SR91 (Phase 2)) – 10%
2) Site Acceptance Testing (County Line VTMS) Complete – 10%
3) County-Line VTMS As-Built Technical Drawings – 10%
4) Installation Drawings (Network Revisions) Approved – 10%
5) Acceptance of completion of Network Testing as part of ELP Package 4 Testing – 10%
6) Site Acceptance Testing (South Gantry) Complete – 10%
7) Operations Testing (South Gantry) Complete – 10%
8) South Gantry Revenue Service Commencement – 10%
9) South Gantry As-Built Technical Drawings – 10%
10) I-15/SR-91 Existing Toll Gantry Decommissioned – 10%
B. Payments based on Equipment costs:
Delivery of Lane Equipment per List of Materials – Amount set forth in the “Materials” section in the
SR-91 (Phase 2) Price Sheet. Payment will be made for delivery of equipment related to items 4a,
4b, and 4c on the Price List.
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Part 5: SR-91 ROW Access
RCTC will provide TSP with access to the SR-91 ROW:
(a) From NTP-SR91 (Phase 2) until SR-91 (Phase 2) TCS Acceptance for the purposes of
performing the SR-91 (Phase 2) D&D Work; and
(b) For the purposes of performing the SR-91 Pre-ELP O&M Work and SR-91 O&M Work,
provided that (i) TSP shall obtain an encroachment permit providing TSP with access to the SR-91 Site
prior to commencing work on the site and shall comply with the requirements of such permit, and (ii) TSP
shall comply at all times with TSP’s safety and security procedures and all applicable requirements of this
Contract and Technical Provisions.
Part 6: Additional Definitions (Exhibit 1 to the Contract), not already included in Change Order #5
Notice to Proceed-SR91 (Phase 2) or NTP-SR91 (Phase 2) means the Notice issued by RCTC to TSP
authorizing TSP to proceed with the SR-91 (Phase 2) D&D Work.
NTP-SR91 (Phase 2) Payment Bond Rider means a bond rider in the form attached to this Change
Order #6 as Attachment 3-B (with such modifications as RCTC approves by Notice, in its sole discretion).
NTP-SR91 (Phase 2) Performance Bond Rider means a bond rider in the form attached to this
Change Order #6 as Attachment 3-A (with such modifications as RCTC approves by Notice, in its sole
discretion).
SR-91 (Gantry) Package 5 means the SR-91 Tolling Zone for the South Flyover Connector.
SR-91 (Gantry) Package 5 Ready for Construction Plans means the last set of DB Contractor’s
100% final design documents to be submitted to RCTC and Department for approval prior to commencing
construction of the SR-91 (Gantry) Package 5 elements shown in such plans.
SR-91 (Gantry) Package 5 Turnover means, for SR-91 (Gantry) Package 5, the stage in the DB Work
where DB Contractor has completed design, construction and inspection of the following elements:
(a) infrastructure for the Read Point, including gantry, pads, conduit, power and
communication to support AVI, LPR, beacons, and all ETC components;
(b) a 3,000 foot-long paved and striped EL section that includes two ELs, shoulders, and two-
feet wide buffer to perform drive tests for the applicable Turnover Area, with the toll
gantry constructed approximately within the center of the 3,000 foot-long section;
(c) communications (temporary or otherwise) from the relevant SR-91 (Gantry) Package 5
Turnover Area to the ROC;
(d) commercial power to all of the infrastructure within the relevant SR-91 (Gantry) Package
5 Turnover Area and other TCS equipment locations applicable to the Turnover Area;
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(e) Successful completion of a load verification and automatic transfer switch test for each
emergency generator meeting the requirements as set forth by the manufacturer and in
the DB Contract; and
(f) Successful completion of testing of the lightning protection and grounding systems to
certify compliance with requirements in the NFPA-70, National Electric Code: NFPA-780,
Lightening Protection Code, and UL-96A, Installation Requirements for Master Labeled
Lightning Protection Systems.
SR-91 (Gantry) Package 5 Turnover Date means the date on which SR-91 (Gantry) Package 5
Turnover is achieved.
SR-91 (Gantry) Package 5 Turnover Deadline means the date on or prior to September 1, 2019
and confirmed by Notice from the DB Contractor under Section 8.11.
SR-91 (Phase 2) As-Built Technical Drawings means documents required to be prepared by TSP
and delivered to RCTC in accordance with TP Section 15.4 with respect to the SR-91 (Phase 2) D&D Work
that constitute a complete and accurate record of the applicable portion of the TCS as designed, installed,
integrated, deployed and tested in accordance with this Contract.
SR-91 (Phase 2) D&D Monthly Progress Report means a single monthly submission and
compilation of all monthly reports required by this Contract during the SR-91 (Phase 2) D&D Phase for
review at monthly progress meetings.
SR-91 (Phase 2) D&D Phase means the time period commencing upon NTP-SR91 (Phase 2) and
ending upon SR-91 (Phase 2) TCS Acceptance.
SR-91 (Phase 2) D&D Work means the D&D Work with respect to SR-91 (Phase 2).
SR-91 (VTMS) Package 6 means the VTMS west of the Orange/Riverside County line.
SR-91 (VTMS) Package 6 Ready for Construction Plans means the last set of DB Contractor’s 100%
final design documents to be submitted to RCTC and Department for approval prior to commencing
construction of the SR-91 (VTMS) Package 6 elements shown in such plans.
SR-91 (VTMS) Package 6 Turnover means, with respect to SR-91 (VTMS) Package 6, the stage in
the DB Work where DB Contractor has completed design, construction, and inspection of the following
elements:
(a) infrastructure for VTMS, including poles, pads, conduit, power and communication from
the main fiber to the fiber patch panel in the VTMS tolling cabinet;
(b) communications (temporary or otherwise) from the SR-91 (VTMS) Package 6 Turnover
Area to the ROC;
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(c) commercial power to all of the infrastructure within the SR-91 (VTMS) Package 6 Turnover
Area and other TCS equipment locations applicable to the SR-91 (VTMS) Package 6
Turnover Area;
(d) successful completion of a load verification and automatic transfer switch test for each
emergency generator meeting the requirements as set forth by the manufacturer and in
the DB Contract;
(e) successful completion of testing of the lightning protection and grounding systems to
certify compliance with requirements in the NFPA-70, National Electric Code: NFPA-780,
Lightening Protection Code, and UL-96A, Installation Requirements for Master Labeled
Lightning Protection Systems; and
SR-91 (VTMS) Package 6 Turnover Date means the date on which SR-91 (VTMS) Package 6
Turnover is achieved.
SR-91 (VTMS) Package 6 Turnover Deadline means the anticipated date 90 days prior to the ELP
Substantial Completion Deadline and confirmed by Notice from the DB Contractor under Section 8.11.3.
Part 7: Impacts on Existing Definitions and Contract Provisions
The definition of “Indemnified Parties” is revised to add Orange County Transportation Authority and its
officers, directors, board members, employees, consultants, representatives and agents.
For purposes of the SR-91 (Phase 1), the Setting Date, the Effective Date and similar reference dates
under the Contract will be the date of issuance of this Change Order.
Reference Documents include the documents and information provided with respect to SR-91 (Phase 2),
as listed on Change Order #6 – Attachment 5.
Except as specifically provided otherwise in this Change Order:
1) Defined terms previously applying generally to the ELP Project (such as “Project,” “D&D
Work,” “Toll Services,” “Work,” “Completion Deadlines,” “Total Capital Cost,” etc.): (a) will retain the
same names and the definitions will be revised to include SR-91 (Phase 1, 2, 3, and 4) and ELC; but (b)
corresponding ELP Project-specific defined terms will also be created so as to distinguish from SR-91 and
ELC as needed.
2) Provisions in the Contract of general application to the ELP Project (such as TSP’s
indemnities, events of default) will also apply to SR-91 and ELC.
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Figure 1 Pricing Strategy
B. Analysis of (impact of the Change on the performance of other aspects of the D&D
Work, O&M Work, RCTC or RCTC’s toll operations (as applicable); (Section
20.4.3(a)(v)):
All impacts of the Change are reflected in this Change Order #6, and there are no other impacts
of the Change on the performance of other aspects of the D&D Work, O&M Work, RCTC or
RCTC’s toll operations.
C. Proposed plan for mitigating impacts of the Change (Section 20.4.2(a)(x)):
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N/A
D. Additions / deletions / modifications to the requirements of the Contract including
KPIs (if any) (Section 20.4.3(a)(viii)):
See Redlined Technical Provisions Attachment 2.
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SECTION II – Cost Impact(s)
A. Summary
Compensation under this Change Order is to be paid (check the applicable boxes below):
n/a1 $0.00 (“no cost”) Change Order.
as a lump sum adjustment to the Contract Price in the amount of __________ dollars ($
__________).
as a series of milestone payments in the following amounts:
1) See Section I, Subsection B (Overview of Scope), Part 4, Item A for the D&D Milestone
Payment Schedule.
2) See Section I, Subsection B (Overview of Scope), Part 4, Item B for the Equipment
Payment Schedule
as an adjustment to Total O&M Years 1 and 2 Cost or Total O&M Years 3, 4 and 5 Cost
See Section I, Subsection B (Overview of Scope), Part 4, Item C for the Monthly Payment
Schedule for O&M for the SR-91 (Phase 1) Pre-ELP O&M Work.
as a Unit Price Change Order for increases or decreases in the Contract Price [not to
exceed] / [in the amount of] __________ dollars ($ __________))
as a Time and Materials Change Order, [not to exceed __________ dollars ($
__________)]
as is set forth below, under Section II(B)([2] / [3]).[select the proper reference]
If more than one box has been checked, also check this box and summarize terms here:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Documentation supporting the Change Order is attached as Annex[es] __________ [through
__________].
B. Special Considerations
1. Delay and disruption damages for Excusable Delay (Section 20.10). n/a
Compensation available for Change Orders are (only) extra Work Costs and delay Costs directly
attributable to the proposed Change and exclude certain costs and expenses.
1 If $0 (i.e., a “no cost” Change Order), leave remainder of Section II blank.
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• Total extra Work Costs: $__________
• Total delay and disruption damages: $ __________
Discussion (if any):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
2. Deductive RCTC Changes. n/a
If this Change Order is a deductive change
Net Cost 2 Savings attributable to the deductive change $ __________
Amount due to RCTC attributable to the deductive Change (or which can be used by RCTC,
in its sole discretion, to offset payment to TSP) $ __________
Discussion (if any):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
2 When both additions and reductions are involved in any one Change Order, the adjustment shall be
determined on the basis of net increase or decrease. TSP Margin will be allowed only for the net increase in labor
Cost in order to establish the amount to be added to the Contract Price. In determining a deductive change order, any
deduction will include the amount of TSP Margin and Audited Overhead which would have been payable on such
amounts by RCTC in accordance with Section 20.
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SECTION III – Completion Deadline Impacts (Applicable to All Change Orders)
The status of the CSC Commencement Deadline is as follows:
Unaffected by this Change Order
Affected by [extending] / [accelerating] the date of the CSC Commencement
Deadline by _________calendar days to __________ calendar days prior to Revenue
Service Commencement.
The status of the Revenue Service Commencement Deadline is as follows:
Unaffected by this Change Order
Affected by [extending] / [accelerating] the date of the Revenue Service Deadline
by _________calendar days to __________ Days after the Package 4 Turnover Date.
The status of the total Float is as follows:
Unaffected by this Change Order
Affected by this Change Order as follows:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
If this Change Order is issued as a result of, or relating to, an Excusable Delay or a shortening
time, TSP’s Critical Path time impact delay analysis is attached as Annex _____ (Section
20.4.3(a)(vi)). n/a
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SECTION IV - (Reviewed and recommended agreed by TSP’s [Project Manager-D&D Work]
or [Project Manager-O&M Work])
By: ___________________________________________
Name: Jason Stewart
Title: Project Manager
Date: ___________________
Comments:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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SECTION V - (Reviewed and agreed by TSP)
The undersigned Authorized Representative of TSP hereby certifies, under penalty of perjury, as
follows:
1. Sections I, II and III of this Change Order, including all Worksheets and Annexes, collectively
represent a true, accurate and complete summary of all aspects of this Change Order.
2. The amounts of time and/or compensation set forth in this Change Order (a) are, in each case,
justified as to entitlement and amount, (b) reflect all changes to compensation for and scheduling
of the Project (inclusive of all Subcontractor and Supplier amounts, impacts), (c) is complete,
accurate and current and (d), in each case, the amounts of time, if any, and/or compensation, if
any, agreeable to, and is hereby agreed by, TSP.
3. This Change Order includes all known and anticipated impacts or amounts, direct, indirect and
consequential, which have been and may be incurred, as a result of the event, occurrence or
matter giving rise to this Change Order. This Change Order constitutes a full and complete
settlement of all Losses, Claims, matters, issues and disputes existing as of the effective date of
this Change Order, of whatever nature, kind or character relating to the event, occurrence or
matter giving rise to this Change Order and the performance of any extra Work that this Change
Order documents or relates, including all direct and indirect costs for services, equipment,
manpower, materials, overhead, profit, financing, delay and disruption arising out of, or relating
to, the issues set forth herein. TSP acknowledges that it shall not be entitled to assert any Claim
for relief under the Contract for delay, disruption costs or any other adverse financial or Project
Schedule impacts existing as of the effective date of this Change Order and arising out of, or
relating to, the event, occurrence or matter giving rise to this Change Order or such extra Work.
4. If the foregoing Change Order includes claims of Subcontractors or Suppliers, TSP represents
that authorized representatives of each Subcontractor and Supplier, if any, reviewed such claims,
this Change Order and accept this Change Order as dispositive on the same, subject to separate
Contract between TSP and each such Subcontractor and Supplier, as applicable. Furthermore,
TSP has determined in good faith that such claims are justified as to both entitlement and amount.
5. The cost and pricing data forming the basis for the Change Order is complete, accurate
and current, with specific reference to the California False Claims Act (Government Code section
12650 et. seq.) and the U.S. False Claims Act (31 USC § 3729 et seq.)
6. It is understood and agreed that this Change Order shall not alter or change, in any way,
the force and effect of the Contract, including any previous amendment(s) thereto, except insofar
as the same is expressly altered and amended by this Change Order.
7. This Change Order supersedes all prior commitments, negotiations, correspondence,
conversations, Contracts or understanding applicable to the issues addressed herein. No
deviation from the terms hereof shall be predicated upon any prior representations or Contracts,
whether oral or written, other than the Contract, as amended in accordance with its terms.
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8. This Change Order is binding upon, and shall insure to the benefit of, each of the parties and
their respective heirs, personal representatives, successors and assigns.
IN WITNESS, WHEREOF, TSP, intending to be legally bound, has executed this Change
Order as of the date below.
TSP:
Kapsch TrafficCom USA, Inc.
Date: ___________________
By:
Name: Robert Corion
Title: Senior Vice President, Delivery and
Operations
The undersigned Guarantor hereby (i) acknowledges and consents to this CHANGE ORDER
NUMBER 5; (ii) reaffirms that certain Guaranty dated as of ________, 201_ (the “Guaranty”),
executed by the undersigned; and (iii) agrees that the Guaranty remains in full force and effect
and binding upon the undersigned as of the date hereof.
TSP:
Kapsch TrafficCom AG
Date: ___________________
By:
Name:
Title:
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SECTION VI - (Reviewed and recommended by RCTC)
By:__________________________________________________
Name: David Thomas
Title: Toll Project Manager
Date: ___________________
By:__________________________________________________
Name: Michael Blomquist
Title: Toll Project Director
Date: ___________________
Comments:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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SECTION VII - (Agreed by RCTC’s Authorized Representative)
IN WITNESS WHEREOF, RCTC, intending to be legally bound, has executed this Change
Order as of the date first written above.
Date: ___________________
(the effective date of this Change Order)
RCTC
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION
By: _______________________________
Name: Anne Mayer
Title: Executive Director
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SECTION VIII - (Reviewed by FHWA Project Representative)
By:
FHWA Project Representative
Date: ___________________
Comments:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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ATTACHMENT 1
SR-91 (PHASE 2) PRICE SHEET
# Item Description Unit Qty Unit Price Total
1 Labor –
Kapsch
Development of
System Design,
Documentation,
Installation, and
Testing of SR-91
(Phase 2) Retrofit
Lot 1 $948,619.00 $948,619.00
2 Subcontracts Support of
Installation,
Gantry Analysis
and Modification
Design,
Maintenance of
Traffic
Lot 1 $1,141,806.00 $1,141,806.00
3 ODCs Supporting Costs
– Vehicles,
Bonding, Lane
Closure Fees
Lot 1 $71679.00 $71679.00
Total System Cost $2,162,104.00
4a Materials
and
Equipment –
South
Gantry
Materials and
System
Equipment for
Installation of
TCS
Lot 1 $439,764.00 $439,764.00
4b Materials
and
Equipment –
County-Line
VTMS
Materials and
System
Equipment for
Installation of
TCS
Lot 1 $124,181.00 $124,181.00
4c Materials
and
Equipment –
Network
Equipment
Materials and
System
Equipment for
Installation of
TCS
Lot 1 $83,237.00 $83,237.00
Total Materials Cost 647,182.00
Total D&D Costs $2,809,286.00
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ATTACHMENT 2
ADDITIONAL AND REVISED TECHNICAL PROVISIONS
CHANGE #2 – The following provision is added as new Subsection 2.6.2 (and the
subsections that follow are renumbered accordingly):
“2.6.2 Project Schedule Requirements
The TSP shall maintain a separate Project Schedule for each of SR-91 (Phase 2) and the ELP Project. The
Project Schedules shall include key milestones and interdependencies for the ELP Project and SR-91
(Phase 2).”
CHANGE #9 – The following provision is added as a new second paragraph to
Section 4.6.2 (Installation Drawings):
“The TSP shall prepare installation drawings for the SR-91 (Phase 2) for review and approval prior to any
installation work being performed for SR-91 (Phase 2).”
CHANGE #10 – The following provision is added as a new paragraph at the end of
Subsection 5.1 (General):
“The TSP shall test SR-91 (Phase 2) per Table 3.
SR 91 (Phase 1)
ETC FAT N/A
ETC OFIT N/A
ETC Site Commission x
CSC FAT N/A
CSC Installation N/A
CSC System
Commissioning Test
N/A
TCS Disaster Recovery
and Back-Up Test
N/A
TCS Operations Tes x
TCS Acceptance Test As part of ELP
Annual Renewal As part of ELP
Table 1 SR-91 (Phase 2) Testing Overview”
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ATTACHMENT 3-A
FORM OF NTP-SR91 (PHASE 1) PERFORMANCE BOND RIDER
To be attached to and form a part of
Bond No.:
Type of
Bond:
Performance Bond
dated
effective
(Month – Day – Year)
[Principal]
and by , as Surety,
in favor of Riverside County Transportation Commission
In consideration of the mutual agreements herein contained Principal and the Surety hereby
consent to the following:
The Bonded Sum is hereby increased in the amount of $2,809,286.
Nothing herein contained shall vary, alter or extend any provision or condition of this bond
except as herein expressly stated.
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This rider is
effective
(Month – Day – Year)
Signed and
Sealed
(Month – Day – Year)
By:
(Principal)
(Surety)
By:
Attorney-in- Fact
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ATTACHMENT 3-B
FORM OF NTP-SR91 (PHASE 1) PAYMENT BOND RIDER
To be attached to and form a part of
Bond No.:
Type of
Bond:
Payment Bond
dated
effective
(Month – Day – Year)
[Principal]
and by , as Surety,
in favor of Riverside County Transportation Commission
In consideration of the mutual agreements herein contained Principal and the Surety hereby
consent to the following:
The Bonded Sum is hereby increased in the amount of $2,809,286.
Nothing herein contained shall vary, alter or extend any provision or condition of this bond
except as herein expressly stated.
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This rider is
effective
(Month – Day – Year)
Signed and
Sealed
(Month – Day – Year)
By:
(Principal)
(Surety)
By:
Attorney-in- Fact
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ATTACHMENT 4
SR-91 AND ELC ROW
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ATTACHMENT 5
SR-91 (PHASE 2) REFERENCE DOCUMENTS
1) SR-91 Express Lanes As-Built Drawings
2) TSP Change Order #5
35
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 24, 2019
TO: Western Riverside County Programs and Projects Committee
FROM: David Thomas, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: CEQA Revalidation and Addendum for the Modified State Route 91 Corridor
Improvement Project’s Express Lane Connector Improvements
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Adopt Resolution No. 19-011, “Resolution of the Riverside County Transportation
Commission Adopting an Addendum to the Previously Certified Environmental Impact
Report (SCH #2008071075) Pursuant to the California Environmental Quality Act for the
State Route 91 Corridor Improvement Project and Approving the Proposed Changes to the
Project”; and
2) Forward to the Commission for final action.
BACKGROUND INFORMATION:
In November 2012, the Commission adopted Resolution No. 12-028 related to the State Route
91 (SR-91) Corridor Improvement Project (Project) Environmental Impact Report/Environmental
Impact Statement (EIR/EIS) and approved the Project. The Project was proposed to be
implemented in phases to maximize the use of available funds: (1) the Initial Phase, and (2) the
Ultimate Project. Construction of the Initial Phase was substantially completed in March 2017.
The Interstate 15/State Route 91 Express Lanes Connector improvement (15/91 ELC) is a
component of the Ultimate Project as identified in the EIR/EIS.
The 15/91 ELC will provide a tolled express lanes connector between the existing RCTC 91 Express
Lanes and the future 15 Express Lanes to the north of SR-91. A detailed vicinity map of the 15/91
ELC is provided as Attachment 1. The 15/91 ELC involves adding:
1) A single-lane tolled express lane connector from the eastbound RCTC 91 Express Lanes to
the future northbound 15 Express Lanes that would extend in the median of I-15 to the
Hidden Valley Road interchange; and
2) A single-lane tolled express lane connector from the future southbound 15 Express Lanes
that would extend from the median of I-15 at the Hidden Valley Road interchange and
would connect to the westbound RCTC 91 Express Lanes.
36
Agenda Item 8
In addition, operational improvements are proposed along eastbound SR-91 by extending the
eastbound 91 Express Lane to approximately 0.5 mile east of the l-15/SR-91 interchange and
widening SR-91 to accommodate extending the outside eastbound general purpose lane from
the SR-91 bridge over Arlington Channel to east of Promenade Avenue. A variable toll messaging
sign would also be installed on eastbound SR-91 near the Orange/Riverside county line.
At its October 2017 meeting, the Commission approved an overall procurement strategy for all
the services and construction needed for the 15/91 ELC. At the same meeting, the Commission
also approved Agreement No. 15-31-001-02 with Parsons Transportation Group, Inc. to complete
preliminary engineering and environmental documentation for the 15/91 ELC improvement.
The current estimated capital cost of the 15/91 ELC is $220 million. In 2017, the Commission
received $180 million in funding from Senate Bill 132 to construct the 15/91 ELC. At its January
2019 workshop, the Commission committed to fund the remaining balance with surplus toll
revenue from the RCTC 91 Express Lanes. The Commission is also seeking federal funds to build
the 15/91 ELC.
DISCUSSION:
Environmental Process
Since the approval of the EIR/EIS, the preliminary engineering and environmental documentation
efforts for the 15/91 ELC have identified minor technical changes or additions to the Project. The
findings have been documented in an environmental re-validation form for the Project that was
completed in June 2019. The environmental re-validation has identified that there are no new
or substantive changes to any of the resources, as identified in the EIR/EIS. Hence, no additional
avoidance, minimization, and/or mitigation measures have been identified or are warranted,
except for one noise barrier to be constructed. Public circulation of the re-validation document
is not required under the California Environmental Quality Act (CEQA) and the National
Environmental Policy Act (NEPA). However, a Record of Decision will be filed with the Federal
Register to notify the public of the findings of the environmental re-validation documentation.
The NEPA/CEQA re-validation form is described as Exhibit A to Resolution No. 19-011
(Attachment 2) and provided as Attachment 3 to this staff report.
The Commission’s Role as a Responsible Agency
In the environmental process, the Project, and consequently the 15/91 ELC component of the
Project, is considered a joint undertaking by Caltrans and the Federal Highway Administration
and is subject to state and federal environmental review requirements. Project documentation
has been prepared in compliance with both CEQA and NEPA. Caltrans is the lead agency under
NEPA and CEQA for the Project.
The Commission is considered a responsible agency under CEQA. As a responsible agency, the
Commission must comply with CEQA by considering the final environmental re-validation
documentation adopted by Caltrans. In reviewing the final environmental re-validation
37
Agenda Item 8
documentation, the Commission must independently reach its conclusion on whether and how
to approve the Project modifications. The Commission should approve the Project in its role as
a responsible agency.
Staff and the Commission’s consultant team led the preparation of the environmental re-
validation document in close coordination with Caltrans. Although no additional measures to
minimize harm to the resources within the Project area were identified or warranted for the
Project modifications, future avoidance, mitigation and/or minimization measures may be
imposed as part of permit requirements to further reduce environmental effects. An updated
Environmental Commitment Record for the Project is attached to the resolution as part of Exhibit
A under the re-validation form (Attachment 3).
RECOMMENDATION:
Staff recommends adoption of Resolution No. 19-011, “Resolution of the Riverside County
Transportation Commission Adopting an Addendum to the Previously Certified Environmental
Impact Report (SCH #2008071075) Pursuant to the California Environmental Quality Act for the
State Route 91 Corridor Improvement Project and Approving the Proposed Changes to the
Project.”
Attachments:
1)15/91 Express Lanes Connector Vicinity Map
2)Resolution No. 19-011 – SR-91 CIP CEQA Addendum and Approval of Project Changes
3)Exhibit A to Resolution No. 19-011 SR-91 – NEPA/CEQA Re-Validation Form (available on
the website)
38
MOUNTAIN AveMOUNTAIN AveRI
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QUARRY StQUARRY St
6TH St EL CAMINO AEL CAMINO ACORONA
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SR-91 PM 8.1
END CONSTRUCTION
I-15 PM 43.4
END CONSTRUCTION
SCHOOL
HIGH
NORCO
SCHOOL
HIGH
NORCO
91
NORTH
91
I-15 PM 41.5
BEGIN CONSTRUCTION
ORA
N
G
E CO
U
N
TY
COUNTYRIVERSIDECOAL CANYON RdCOAL CANYON RdSR-91 PM 6.6
BEGIN CONSTRUCTION
CCO 6 / CCO 10
CONNECTOR PROJECT
EXPRESS LANES
APPROXIMATELY 9 MILES WEST OF THE 15/91 JUNCTION
SR-91 PM R17.3
INSTALL NEW VTMS
SR-91 CIP APE
LEGEND
PROPOSED RE-STRIPING
COUNTY LINE
VTMS VARIABLE TOLL MESSAGE SIGN
EXPRESS LANES CONNECTOR PROJECT
CCO 6 / CCO 10
I-15/SR-91 EXPRESS LANES CONNECTOR
91
NORTH
ORA
N
G
E CO
U
N
TY
COUNTYRIVERSIDECOAL CANYON RdCOAL CANYON RdAPPROXIMATELY 9 MILES WEST OF THE 15/91 JUNCTION
SR-91 PM R17.3
INSTALL NEW VTMS
ATTACHMENT 1
39
RESOLUTION NO. 19-011
RESOLUTION OF THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION ADOPTING AN
ADDENDUM TO THE PREVIOUSLY CERTIFIED
ENVIRONMENTAL IMPACT REPORT (SCH
#2008071075) PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR THE STATE
ROUTE 91 CORRIDOR IMPROVEMENT PROJECT
AND APPROVING THE PROPOSED CHANGES TO
THE PROJECT
WHEREAS, the State Route 91 Corridor Improvement Project (Project) is a project to
improve mobility in the State Route 91 corridor via capacity, operational, and safety
improvements; and
WHEREAS, the California Department of Transportation (Caltrans) was the lead agency
for the Project under the California Environmental Quality Act (CEQA) and the National
Environmental Policy Act (NEPA); and
WHEREAS, in coordination with Caltrans, the Riverside County Transportation
Commission (Commission) prepared an environmental impact statement and environmental
impact report (EIS/EIR) to analyze the Project’s impacts on the environment; and
WHEREAS, in August 2012, Caltrans, as lead agency, certified the EIS/EIR, adopted
CEQA finding, adopted a mitigation monitoring and reporting program (MMRP), adopted a
statement of overriding considerations, and approved the Project; and
WHEREAS, in November 2012, the Commission, as a responsible agency under CEQA,
considered the EIS/EIR and made similar findings and approvals; and
WHEREAS, minor design refinements to the Project have been proposed, namely: the
south-to-west connector would connect approximately 45 feet higher to the existing Interstate-15
(I-15)/State Route-91 (SR-91) Bridge No. 56-0817F; the connector bridge has been shortened
from one large bridge to three shorter bridge segments; the Main Street East Bound on-ramp is
proposed to be realigned approximately 8 feet farther south; the buffer width between East
Bound and West Bound SR-91 would be reduced by approximately 7 feet; an additional toll lane
would be added on I-15 that extends north of the Hidden Valley Parkway interchange; the
existing North Bound off-ramp and existing North Bound on-ramp of the Hidden Valley
Parkway interchange would be realigned to the east; and up to 60,000 cubic yards of excavated
material removed as part of the Project would be placed in the southeast quadrant of the I-15/SR-
91 interchange between SR-91 and the North Bound I-15 to East Bound SR-91 connector ramp
(collectively, the Revised Project); and
WHEREAS, under CEQA, when taking subsequent discretionary actions in furtherance
of a project for which an EIR has been certified, the lead agency is required to review any
ATTACHMENT 2
40
changed circumstances to determine whether any of the circumstances under Public Resources
Code section 21166 and State CEQA Guidelines section 15162 require additional environmental
review; and
WHEREAS, in accordance with CEQA, Caltrans analyzed all potential environmental
effects associated with the Revised Project and determined that none of the conditions described
in State CEQA Guidelines section 15162 or Public Resources Code section 21166 have
occurred; rather, consistent with State CEQA Guidelines section 15164, subdivision (a), the
Commission determined that an addendum to the EIR should be prepared; and
WHEREAS, in collaboration with Caltrans, the Commission prepared an addendum to
the EIS/EIR (Addendum); and
WHEREAS, on June 14, 2019, Caltrans, as the lead agency, approved and adopted the
Addendum to the EIS/EIR and approved the Revised Project; and
WHEREAS, in its limited role as responsible agency, this matter came before the
Commission at a regularly scheduled public meeting, at which the Commission carefully
considered all information pertaining to the Revised Project, including the staff report, the
Addendum together with the EIS/EIR, and all of the information, evidence, and testimony
presented at its public meeting; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The recitals above are true and correct and are incorporated into this
Resolution by reference as findings of fact.
Section 2. Compliance with the Environmental Quality Act. In considering the Revised
Project, the Commission has considered the EIS/EIR for the Project (State Clearinghouse
Number 2008071075), which was certified by the Commission on November 14, 2012, and the
addenda thereto, along with all oral and written comments received and the administrative record
(the Record). The Commission hereby finds and determines that the Record contains a complete
and accurate reporting of the environmental impacts of the Revised Project and the Project as a
whole, the impacts of which were fully addressed and mitigated (to the extent feasible) in the
EIS/EIR. The Commission hereby further finds and determines that the Addendum has been
completed in compliance with CEQA and the State CEQA Guidelines. The Commission further
finds and determines that the Addendum reflects the Commission’s independent judgment.
Section 3. Findings on Environmental Impacts. Based on the substantial evidence set
forth in the Record, including but not limited to the Addendum, the Commission finds that an
addendum to the EIS/EIR is the appropriate document for disclosing the minor changes and
additions that are necessary to the EIS/EIR to account for the Revised Project. The Commission
41
finds that none of the conditions under State CEQA Guidelines section 15162 requiring the need
for further subsequent environmental review have occurred because:
a) No substantial changes are proposed that would require major revisions of the EIS/EIR
due to the involvement of new significant environmental effects or a substantial increase
in the severity of previously identified significant effects;
b) No substantial changes have occurred with respect to the circumstances under which the
Project is undertaken that would require major revisions of the EIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of the previously identified significant effects; and
c) No new information of substantial importance that was not known and could not have
been known with the exercise of reasonable diligence at the time the EIS/EIR was
certified shows any of the following: (i) the modifications would have one or more
significant effects not discussed in the EIS/EIR; (ii) significant effects previously
examined would be substantially more severe than shown in the EIS/EIR; (iii) mitigation
measures or alternatives previously found not to be feasible would in fact be feasible and
would substantially reduce one or more significant effects, but the Commission declined
to adopt such measures; or (iv) mitigation measures or alternatives considerably different
from those analyzed in the EIS/EIR would substantially reduce one or more significant
effects on the environment, but which the Commission declined to adopt.
Section 4. Approval of Addendum. The Commission hereby approves and adopts the
Addendum to the EIS/EIR prepared for the Revised Project (attached as Exhibit A).
Section 5. Approval of the Revised Project. The Commission hereby approves the
Revised Project, subject to any and all applicable mitigation measures that were previously
imposed by the Commission as part of the Project.
Section 6. Notice of Determination. The Commission directs staff to file a Notice of
Determination with the Riverside County Clerk’s Office within five (5) working days of
adoption of this Resolution.
Section 7. Custodian of Records. The documents and materials that constitute the record
of proceedings on which this Resolution and the above findings have been based are located at
the Riverside County Transportation Commission, 4080 Lemon Street, 3rd Floor, Riverside,
California 92502.
APPROVED AND ADOPTED by the Riverside County Transportation Commission this ___
day of July, 2019.
____________________________
Chuck Washington, Chair
Riverside County Transportation
Commission
42
ATTEST:
Lisa Mobley, Clerk of the Board
Riverside County Transportation Commission
43
Exhibit A
(Addendum to EIR)
44
NEPA/CEQA RE-VALIDATION FORM
Page 1 of 10 Revised September 2016
DIST./CO./RTE.08-RIV-91; 08-RIV-15
PM/PM ORA-91-R14.43/R18.91; RIV-91-R0.00/R13.04; RIV-15-35.64/45.14
E.A. or Fed-Aid Project No.Previous EA 08-0F540 PN 08000000239. New EA 08-0F543 PN 080000000136
Other Project No. (specify)Not Applicable
PROJECT TITLE Previously State Route 91 Corridor Improvement Project (SR-91 CIP).
Now Interstate 15 / State Route 91 Express Lane Connector (I-15/SR-91 ELC) Project
ENVIRONMENTAL
APPROVAL TYPE
Environmental Impact Report (EIR)/Environmental Impact Statement (EIS)
DATE APPROVED August 2012
REASON FOR
CONSULTATION
(23 CFR 771.129)
Check reason for consultation:
Project proceeding to next major federal approval
Change in scope, setting, effects, mitigation measures, requirements
3-year timeline (EIS only)
N/A (Re-Validation for CEQA only)
DESCRIPTION OF
CHANGED CONDITIONS
See the project description for the entire project, and changes in the project design, as follows
below.
NEPA CONCLUSION – VALIDITY
Based on an examination of the changed conditions and supporting information: [Check ONE of the three statements below,
regarding the validity of the original document/determination (23 CFR 771.129). If document is no longer valid, indicate whether
additional public review is warranted and whether the type of environmental document will be elevated.]
The original environmental document or CE remains valid. No further documentation will be prepared.
The original environmental document or CE is in need of updating; further documentation has been prepared and
is included on the continuation sheet(s) or is attached. With this additional documentation, the original ED
or CE remains valid.
Additional public review is warranted (23 CFR 771.111(h)(3)) Yes No
The original document or CE is no longer valid.
Additional public review is warranted (23 CFR 771.111(h)(3)) Yes No
Supplemental environmental document is needed. Yes No
New environmental document is needed. Yes No (If “Yes,” specify type: _ _______________)
CONCURRENCE WITH NEPA CONCLUSION
I concur with the NEPA conclusion above.
__________________________________ _______ ______________________________ ________
Signature: Environmental Branch Chief Date Signature: Project Manager/DLAE Date
CEQA CONCLUSION: (Only mandated for projects on the State Highway System.)
Based on an examination of the changed conditions and supporting information, the following conclusion has been reached
regarding appropriate CEQA documentation:(Check ONE of the five statements below, indicating whether any additional
documentation will be prepared, and if so, what kind. If additional documentation is prepared, attach a copy of this signed form and
any continuation sheets.)
Original document remains valid. No further documentation is necessary.
Only minor technical changes or additions to the previous document are necessary. An addendum has been
or will be prepared and is included on the continuation sheets or will be attached. It need not be
circulated for public review.(CEQA Guidelines, §15164)
Changes are substantial, but only minor additions or changes are necessary to make the previous document
adequate. A Supplemental environmental document will be prepared, and it will be circulated for public review.
(CEQA Guidelines, §15163)
Changes are substantial, and major revisions to the current document are necessary. A Subsequent
environmental document will be prepared, and it will be circulated for public review.(CEQA Guidelines, §15162)
(Specify type of subsequent document, e.g., Subsequent FINAL EIR)
The CE is no longer valid. New CE is needed. Yes No
CONCURRENCE WITH CEQA CONCLUSION
I concur with the CEQA conclusion above.
__________________________________ _______ ______________________________ ________
Signature: Environmental Branch Chief Date Signature: Project Manager/DLAE Date
ATTACHMENT 3
NEPA/CEQA RE-VALIDATION FORM
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CONTINUATION SHEET(S)
Address only changes or new information since approval of the original document and only those areas
that are applicable. Use the list below as section headings as they apply to the project change(s). Use
as much or as little space as needed to adequately address the project change(s) and the associated
impacts, minimization, avoidance and/or mitigation measures, if any.
Changes in project design (e.g., scope change, a new alternative, change in project alignment).
An Environmental Impact Report/Environmental Impact Statement (EIR/EIS) was adopted in 2012 for
the State Route (SR) 91 Corridor Improvement Project (SR-91 CIP). The SR-91 CIP Alternative 2f was
proposed in several phases to maximize use of available funds and consisted of an Initial Phase and an
Ultimate Project. The SR-91 CIP 2012 EIR/EIS analyzed both the Initial Phase and the Ultimate Project
phases. The Record of Decision (ROD) was prepared for the Initial Phase. A new ROD will be needed
for this project and for future phases.
Construction of the SR-91 CIP Initial Phase was completed under Expenditure Authorization (EA)
08-0F540. The Initial Phase included improvements on SR-91 from approximately the Orange/Riverside
county line to the Interstate 15 (I-15) interchange and a single-lane direct connector to and from I-15
south, extending from SR-91 to the Ontario Avenue interchange. Construction of the Initial Phase began
in June 2014 and was opened to traffic in March 2017.
Separate projects have been identified below and programmed to incorporate the following remaining
improvements of the Ultimate Project by 2035. See Attachment 1 for the Ultimate Project Study Area.
The Ultimate Project would provide the following improvements:
Eastbound SR-91
· A sixth general purpose (GP) lane would be provided between SR-241 and SR-71. Between
SR-241 and Coal Canyon, widening on eastbound (EB) SR-91 is proposed to accommodate the
additional lane. Between Coal Canyon and Green River Road, the centerline of SR-91 is proposed
to be shifted northward and widening of westbound (WB) SR-91 is proposed to accommodate the
additional EB lane.
· The Green River Road EB off- and on-ramps would be widened and realigned to accommodate the
Ultimate Project.
· Between Green River Road and SR-71, restriping EB SR-91 is proposed to accommodate the
additional GP lane.
· From I-15 to Pierce Street, a fourth GP lane would be added by widening EB SR-91 between I-15
and the Pierce Street off-ramp. The EB tolled Express Lane would be extended from I-15 to the
McKinley Street interchange by restriping the inside GP lane.
· The McKinley Street EB ramps would be modified to accommodate the widening of SR-91, and
additional lanes would be added to the ramps.
· A new collector-distributor road would be constructed, combining the Pierce Street and Magnolia
Avenue EB off-ramps into one exit point from SR-91, which is also the termination point of the fourth
GP lane addition.
Westbound SR-91
· A sixth GP lane would be provided between SR-71 and SR-241. Between Coal Canyon and
SR-241, widening on WB SR-91 is proposed to accommodate the additional lane.
· Between Green River Road and Coal Canyon, widening of WB SR-91 is proposed to accommodate
the additional lane.
· The Green River Road WB on-ramp would be widened and realigned to accommodate the Ultimate
Project.
· Between the SR-71 south–west connector to Green River Road, the additional GP lane would be
added by restriping. An auxiliary lane would also be added in advance of the Green River Road off-
ramp by restriping.
· From Pierce Street to I-15, a fourth GP lane would be added by widening WB SR-91 between the
Pierce Street WB on-ramp and I-15. The WB high-occupancy vehicle (HOV) lane would be
converted to a tolled Express Lane within these limits.
NEPA/CEQA RE-VALIDATION FORM
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· The McKinley Street WB ramps would be modified to accommodate the widening of SR-91, and an
additional lane would be added to the ramps.
I-15
· A single-lane tolled Express Lane would be constructed in the median in the northbound (NB) and
southbound (SB) directions extending from the Ontario Avenue interchange to the Cajalco Road
interchange.
· A single-lane tolled Express Lane connector would be provided from EB SR-91 to NB I-15 that
would extend in the median of I-15 to the Hidden Valley Road interchange.
· A single-lane tolled Express Lane would be constructed in the median of I-15 that would begin at the
Hidden Valley Road interchange and would continue SB as a single-lane Express Lane connector to
WB SR-91.
These Ultimate Project improvements have been included in the following four components:
1. On SR-91 from SR-241 to SR-71, which would include construction of one GP lane in each
direction.
2. On SR-91 from I-15 to Pierce Street, which would include one GP lane in each direction.
3. On I-15 from Ontario Avenue to Cajalco Road, which would include extending the Express Lane
access point to Cajalco Road.
4. On I-15 between SR-91 and Hidden Valley Parkway, which would include direct connectors
between SR-91 EB to I-15 NB and I-15 SB to SR-91 WB (I-15/SR-91 Express Lane Connector
[ELC] Project).
I-15/SR-91 ELC Project Status
The I-15/SR-91 ELC Project is the first of the Ultimate Project phases that is to be examined in this re-
validation under EA 08-0F543. See Attachment 2 for the ELC Project Study Area. As previously
analyzed in the SR-91 CIP Final EIR/EIS, this component involves adding: (1) a single-lane tolled
Express Lane connector from the EB SR-91 Express Lanes to the NB I-15 Express Lanes that would
extend in the median of I-15 to the Hidden Valley Road interchange; and (2) a single-lane tolled Express
Lane in the median of I-15 that would begin at the Hidden Valley Road interchange and would continue
SB as a single Express Lane connector to the WB SR-91 Express Lanes. In addition, operational
improvements are proposed along EB SR-91 by extending the EB Express Lane to approximately 0.5
mile east of the l-15/SR-91 interchange and widening EB SR-91 to accommodate extending the #4 GP
lane from the SR-91 bridge over Arlington Channel to east of Promenade Avenue. A variable toll
messaging sign (VTMS) would be installed on EB SR-91 near the Orange/Riverside county line.
I-15/SR-91 ELC Project Design Changes
The I-15/SR-91 ELC Project is consistent with the project features identified in the SR-91 CIP Final
EIR/EIS, except for the following design changes:
Separated Connectors
The design of the I-15 south-to-SR-91 west and the SR-91 east-to-I-15 north connectors was changed
so each of the connectors would have an independent alignment. The design changes include the
following changes:
· The south-to-west connector would connect approximately 45 feet higher to the existing
(constructed as part of the Initial Phase) I-15/SR-91 ELC (Bridge No. 56-0817F). The previous
design was approximately 45 feet lower and connected to the existing Temescal Wash bridge. The
profile of this connector is now approximately 30 feet over the existing north-to-west connector
bridge. The previous design was approximately 15 feet below the existing north-to-west connector
bridge.
· The east-to-north connector profile generally follows the profile analyzed in the Final EIR/EIS;
however, the connector bridge has been shortened from one large bridge to three shorter bridge
segments by implementing 30-foot-high retaining wall structures with fill material below the roadway
instead of the roadway being placed on more costly bridge structures.
Barrier Separation
To make room for the additional buffer required for the toll facility and to provide standard shoulder
widths along EB SR-91, the Main Street EB on-ramp is proposed to be realigned approximately 8 feet
NEPA/CEQA RE-VALIDATION FORM
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farther south.Also, as a result, the buffer width between EB and WB SR-91 would be reduced by
approximately 7 feet.
Toll Lane Improvements
An additional toll lane would be added on I-15 that extends north of the Hidden Valley Parkway
interchange. To accommodate this additional toll lane, the existing NB off-ramp and existing NB
on-ramp of the Hidden Valley Parkway interchange would be realigned to the east.
Soundwall
Soundwalls in the SR-91 CIP Final EIR/EIS were assessed and finalized. As part of final design, one
soundwall required minor changes from what was presented in the Final EIR/EIS. This soundwall,
described below, would not affect the outcome decisions made in the Final EIR/EIS and would still be
considered reasonable and feasible.
Soundwall SW2192:Soundwall SW2192 would be approximately 90 feet long and located within private
property in the northeast quadrant of the I-15/SR-91 interchange. See Attachment 3 for the location of
the soundwall. Two easements would be required: a temporary construction easement (TCE) that would
be 161 feet long and roughly 15 feet wide, and a footing easement that would be 110 feet long and
5 feet wide to protect the footing in perpetuity to ensure no one structurally damages the wall. Soundwall
SW2192 would be constructed out of lexan/concrete.
Changes in environmental setting (e.g., new development affecting traffic or air quality).
To the extent the environmental setting has changed, it is the result of design changes that occurred
during the Initial Phase that were addressed in previous re-validations of the EIR/EIS. The changes did
not result in any substantial impacts to the environment. Attachment 4 provides a summary of the
previous re-validations for the Initial Phase.
Changes in environmental circumstances (e.g., a new law or regulation, change in the status of a
listed species).
The following are changes in environmental circumstances from what was previously analyzed in the
Final EIR/EIS:
Hazardous Materials/Waste
The governing regulatory guidance for conducting initial site assessments (ISA)/hazardous materials/
hazardous waste assessments at the time the Phase I ISA was conducted for the Final EIR/EIS was the
American Standards for Testing and Materials (ASTM) E 1527-05, Standard Practice for Environmental
Site Assessments: Phase 1 Environmental Site Assessment Process. The regulatory guidance has
since been updated to the current ASTM E 1527-13. The major changes in the current version are
discussed below:
Recognized Environmental Conditions (REC) – The revised Standard simplifies the definition of an
REC to be “a release, a likely release, or a material threat of a release of hazardous substances to the
environment and property.” A Historical Recognized Environmental Condition (HREC) now refers only to
“historic releases which have been remediated to the satisfaction of regulatory authorities for
unrestricted use,” therefore limiting an HREC to past releases that do not subject the property to any
use restrictions, activity and use limitations (AULs), or other engineering or institutional controls. An
HREC is no longer considered an REC. Finally, a new term was introduced: Controlled Recognized
Environmental Conditions (CRECs). This term describes “releases that have been addressed to the
satisfaction of regulatory authorities, but from which residual contamination has been permitted to
remain in place subject to the implementation of use restrictions, AULs, or other institutional or
engineering controls on the subject property.” A CREC is an REC and must be identified as such in the
conclusions section of the Phase I report.
Vapor Migration – The potential for vapor migration, including vapor that migrates in the subsurface,
must be considered in the Phase I report.
Agency File Reviews – If a relevant property appears on a federal, state, or tribal record, the new
Standard requires a review of “pertinent regulatory files and/or records associated with the listing.” The
environmental professional can exercise discretion when mandating a review but must document the
NEPA/CEQA RE-VALIDATION FORM
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reasons why a review was not conducted if a document review is deemed unnecessary.
An ISA Addendum was prepared and approved in October 2018 to update the information related to the
I-15/SR-91 ELC Project site and accommodate changes with the toll lane improvements.
Air Quality
The governing regulatory guidance for conducting project air quality analysis in 2010 was the Clean Air
Act Amendments (CAAA) of 1990. The United States Environmental Protection Agency (EPA) reviews
the most up-to-date scientific information and the existing ambient standards for each pollutant every
5 years and obtains advice from the Clean Air Scientific Advisory Committee (CASAC) on each review.
Based on these, EPA applies consideration to revise the National Ambient Air Quality Standards
(NAAQS) accordingly. The changes and adjustments to the NAAQS, especially those that occurred
since approval of the project’s 2012 Final EIR/EIS, include the following:
1. The 8-hour ozone (O3) standard of 0.075 parts per million (ppm) was established in 2008. On
March 12, 2008, EPA promulgated attainment designations based on the 8-hour O 3 standard.
On October 1, 2015, EPA strengthened the 8-hour O3 NAAQS based on new scientific evidence
regarding the effects of ground-level O3 on public health and the environment. The new 8-hour
O3 NAAQS standard (primary and secondary) is 0.070 ppm. The area designation/classification
based on the new standard passed Final rule on March 1, 2018, and attainment demonstration
plans in the State Implementation Plan (SIP) will be due by late 2019.
EPA revised the air quality standards for particle pollution in 2012. The new revisions became effective
on January 15, 2015, and include the following:
1. The annual particulate matter less than 2.5 microns in diameter (PM2.5) standard, for primary
and secondary, was strengthened from the 2006 level of 15 micrograms per cubic meter (μg/m 3)
to 12.0 μg/m 3 (primary) and 15.0 μg/m 3 (secondary); the 24-hour standard of 35 μg/m 3 was
retained.
2. The 24-hour particulate matter less than 10 microns in diameter (PM10) standard of 150 μg/m 3
was retained.
Since approval of the Final EIR/EIS, the Regional Transportation Plan (RTP)/Sustainable Communities
Strategy (SCS) and Federal Transportation Improvement Program (FTIP) have been updated
(2016-2040 RTP/SCS and 2017 FTIP).
In June 2018, the Federal Highway Administration (FHWA) confirmed that the previously issued Project-
Level Conformity Determination for the SR-91 CIP remains valid for obtaining the ROD for the
I-15/SR-91 ELC Project. Consistent with 40 Code of Federal Regulations (CFR) 93.104d, the I-15/SR-91
revised ELC Project does not prompt any of the three triggers that would require a redetermination of
conformity:
1. The project design concept and scope have not changed:
In February 2018, California Department of Transportation (Caltrans) District 8 Traffic
Planning determined that the I-15/SR-91 ELC improvements were consistent with the SR-91
CIP and that no revisions to the Traffic Operational Analysis Report are required.
2. No 3-year lapse in major steps to advance the project:
The SR-91 CIP Initial Phase was opened to traffic in March 2017. The environmental permits
are still open, and plant establishment and warranty repair work is ongoing. The project is
active.
3.The I-15/SR-91 ELC Project does not necessitate performing a supplemental
environmental document for air quality purposes.
The description of the project in the 2012 RTP is as follows: Project ID No. RIV071250; Description:
Phase 1 : On SR-91/I-15: SR91 – Construct 1 mixed flow lane (SR-71 through I-15)/1 aux lane at
various locations (SR-241 through Pierce) (OC PM 14.43-18.91), CD system (2/3/4 lanes from Main
Street to I-15), 1 toll express lane (TEL) and convert HOV to TEL in each direction (OC to I-15); I-15 –
construct TEL median direct connector NB I-15 to WB SR-91 and EB SR-91 to SB I-15, 1 TEL in each
direction (SR-91 direct connector – Ontario Interchange) (I-15 PM 37.56-42.94).Phase 2: on SR-91/I-
15: SR91 – Add 1 mixed flow lane in each direction (SR241 – SR71)(I15 – Pierce); I15 – add toll
express lane (TEL) median direct connector (SB15 to WB91 & EB91 to NB15), 1 TEL each direction
from Hidden Valley –SR-91 direct connector and from Ontario Interchange to Cajalco Interchange.
NEPA/CEQA RE-VALIDATION FORM
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Therefore,since the approved RTP description matches the proposed work,no further air quality
analysis was required for the I-15/SR-91 ELC Project.
Noise
The base cost allowance for noise abatement reasonableness and feasibility was $55,000 at the time of
the Final EIR/EIS. The 2019 base cost analysis is now $107,000 per benefited receptor.
A Supplemental Noise Study Report (NSR) and Supplemental Noise Abatement Decision Report
(NADR) were completed for the I-15/SR-91 ELC Project and approved in June 2019. These analyses
used $107,000 per benefited receptor.
Biology
The California Natural Diversity Data Base (CNDDB); Information, Planning and Conservation System
(IPaC); and the (NMFS) databases were
accessed to obtain updated species lists to determine whether there were changes to the species listed
in the Final EIR/EIS. The updated IPaC and NMFS database searches are included in Attachments 5
and 6. Since approval (May 2010) of the Natural Environment Study (NES), three additional special-
status species were identified as having potential to occur within the Biological Study Area (BSA): Santa
Monica dudleya (Dudleya cymosa ssp. ovatifolia), arroyo chub (Gila orcuttii), and yellow rail
(Coturnicops noveboracensis). A Supplemental NES was approved in May 2019.
Changes to environmental impacts of the project (e.g., a new type of impact, or a change in the
magnitude of an existing impact).
There are no new or substantive changes for the following resource areas, as identified in the
SR-91 CIP Final EIR/EIS.
3.1 – Land Use
Separation of the connectors, changes to the barrier separation, and improvements to the toll lanes
would not result in any new/changed or substantial impacts to land use. These design changes do not
result in changes to zoning, and land use remains consistent with the Riverside County General Plan.
Therefore, the I-15/SR-91 ELC Project would be consistent with what was analyzed in the SR-91 CIP
Final EIR/EIS. No new avoidance, minimization, and mitigation measures (AMMs) are required.
3.2 – Growth
Separation of the connectors, changes to the barrier separation, and improvements to the toll lanes
would not result in any new/changed or substantial impacts to growth. The I-15/SR-91ELC Project would
not foster economic or population growth. Therefore, the I-15/SR-91 ELC Project would be consistent
with what was analyzed in the SR-91 CIP Final EIR/EIS. No new AMMs are required.
3.3 – Farmlands/Timberlands
Separation of the connectors, changes to the barrier separation, and improvements to the toll lanes
would not result in substantial impacts to Farmlands of Local Importance and Timberlands. While there
is an area of Farmland of Local Importance located within the project study area in the southeast
quadrant of the I-15/SR-91 interchange, the identified farmland is located outside the I-15/SR-91 ELC
Project footprint. Therefore, the I-15/SR-91 ELC Project would be consistent with what was analyzed in
the SR-91 CIP Final EIR/EIS. No new AMMs are required.
3.4 – Community Impacts
Separation of the connectors, changes to the barrier separation, and improvements to the toll lanes
would not result in any new/changed or substantial impacts to the community. No minority or low-income
populations that would be adversely affected by the proposed project have been identified. Therefore,
this project is not subject to the provisions of Executive Order 12898. Additionally, the current use of the
project location is an interchange. The proposed improvements do not change the existing use;
therefore, the project would not affect community character and cohesion. No acquisitions are required
for the project; therefore, no relocations would occur. Therefore, the I-15/SR-91 ELC Project would be
consistent with what was analyzed in the SR-91 CIP Final EIR/EIS. No new AMMs are required.
NEPA/CEQA RE-VALIDATION FORM
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3.5 – Utilities/Emergency Services
Separation of the connectors, changes to the barrier separation, and improvements to the toll lanes
would not result in any new/changed substantial impacts to utilities/emergency services. Any additional
utilities relocations resulting from separation of the connectors, changes to the barrier separation, or
improvements to the toll lanes would be coordinated with the utility companies and emergency service
providers to reduce disruptions to service. Therefore, the I-15/SR-91 ELC Project would be consistent
with what was analyzed in the SR-91 CIP Final EIR/EIS. No new AMMs are required.
3.6 – Traffic and Transportation/Pedestrian and Bicycle Facilities
Separation of the connectors, changes to the barrier separation, and improvements to the toll lanes
would not result in any new/changed substantial impacts to traffic and transportation/pedestrian and
bicycle facilities. These changes in design are anticipated to improve traffic and transportation within the
project area. The I-15/SR-91 ELC Project would be consistent with the traffic and transportation analysis
in the Final EIR/EIS. Therefore, no new AMMs would be required.
3.8 – Cultural Resources
No cultural resources were identified in the Historic Property Survey Report (HPSR) within the revised I-
15/SR-91ELC Project area. Therefore, the design changes for the I-15/SR-91 ELC Project, separation of
the connectors, changes to the barrier separation, and improvements to the toll lanes would not result in
any new/changed substantial impacts to cultural resources and would not result in any historic
properties being affected. Therefore, the I-15/SR-91 ELC Project would be consistent with what was
analyzed in the SR-91 CIP Final EIR/EIS. No new AMMs are required.
3.9 – Hydrology and Floodplains
Separation of the connectors, changes to the barrier separation, and improvements to the toll lanes
would not result in any new/changed substantial impacts to hydrology. The project is located within a
100-year base floodplain but would not result in a significant encroachment in the 100-year floodplain.
Therefore, the I-15/SR-91 ELC Project would be consistent with what was analyzed in the SR-91 CIP
Final EIR/EIS. No new AMMs are required.
3.10 – Water Quality and Stormwater Runoff
Separation of the connectors, changes to the barrier separation, and improvements to the toll lanes
would not result in any new/changed substantial impacts to water quality and stormwater runoff analysis.
These improvements are in compliance with all federal, state, and local water quality policies. Therefore,
the I-15/SR-91 ELC Project would be consistent with what was analyzed in the SR-91 CIP Final
EIR/EIS. No new AMMs are required.
3.11 – Geology/Soils/Seismic/Topography
Project design would follow all required building codes. Separation of the connectors, changes to the
barrier separation, and improvements to the toll lanes would not result in any new/changed substantial
impacts to geology, soils, seismic, and topography. Therefore, the I-15/SR-91 ELC Project would be
consistent with what was analyzed in the SR-91 CIP Final EIR/EIS. No new AMMs are required.
3.12 – Paleontology
The project is located in a mix of high and low paleontological sensitivity areas, and AMMs to reduce
impacts to paleontological resources were already identified in the SR-91 CIP Final EIR/EIS. Separation
of the connectors, changes to the barrier separation, and improvements to the toll lanes would not result
in any new/changed substantial impacts to paleontological resources from those previously analyzed in
the SR-91 CIP Final EIR/EIS. Therefore, the I-15/SR-91 ELC Project would be consistent with what was
analyzed in the SR-91 CIP Final EIR/EIS. No new AMMs are required.
3.14 – Air Quality
Confirmation from FHWA was received in June 2018 that the previously issued Project-Level Conformity
Determination for the SR-91 CIP remains valid for obtaining the ROD for the I-15/SR-91 ELC Project
because the project conforms with 40 CFR 93.04d: the project design concept and scope have not
changed, there has not been a 3-year lapse in major steps to advance the project, and the I-15/SR-91
ELC Project is not performing a supplemental environmental document for air quality purposes. The
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I-15/SR-91 ELC Project would be consistent with the air quality analysis in the Final EIR/EIS.Therefore,
no new AMMs are required.
3.16 – Energy
Separation of the connectors, changes to the barrier separation, and improvements to the toll lanes
would not result in any new/changed substantial impacts to energy resources. The project changes
would use energy-efficient lighting; therefore, the project would not produce inefficient, wasteful, or
unnecessary energy consumption. Therefore, the I-15/SR-91 ELC Project would be consistent with what
was analyzed in the SR-91 CIP Final EIR/EIS. No new AMMs are required.
3.23 – Relationship between Local Short-Term Uses of the Human Environment and the
Maintenance and Enhancement of Long-Term Productivity
The I-15/SR-91 ELC Project would not change the outcome of what was determined and addressed in
Section 3.23 of the Final EIR/EIS.
3.24 – Irreversible and Irretrievable Commitments of Resources that would be Involved in the
Proposed Project
The I-15/SR-91 ELC Project would not change the outcome of what was determined and addressed in
Section 3.24 of the Final EIR/EIS.
3.25 – Cumulative Impacts
The I-15/SR-91 ELC Project would not change the cumulative impacts as identified in the Final EIR/EIS.
While the following resources did require additional technical studies, there are no substantive
changes for these resources, as identified in the SR-91 CIP Final EIR/EIS.
3.7 – Visual/Aesthetics
Since approval of the Final EIR/EIS, design changes, consisting of the addition of two direct connectors
and the lower profile of the EB to NB connector, have been incorporated into the I-15/SR-91 ELC that
have resulted in visual changes. These changes were analyzed in a Scenic Resource Evaluation and
Visual Impact Assessment Addendum of State Route 91 Corridor Improvement Project.The addendum
was approved in December 2018.
New visual simulations were prepared to display the potential changes associated with the I-15/SR-91
ELC Project and can be found in Attachment 7. The addendum also analyzed the proposed mitigation
associated with the changes to the visual environment of the study area. The analysis confirmed that the
new changes associated with the I-15/SR-91 ELC Project are not anticipated to result in changes to
visual resources beyond what was identified in the 2010 Visual Impact Assessment and analyzed in the
Final EIR/EIS. No additional impacts were identified, and no new AMMs are recommended.
3.13 – Hazardous Waste/Materials
Since approval of the Final EIR/EIS, project limits expanded by adding a toll lane on I-15 that extends
north of the Hidden Valley Parkway interchange, which required updated information about potential
hazardous material/waste sites that could affect the project site. Impacts from these changes were
analyzed in the ISA Addendum approved in October 2018. Addendum activities conducted include
identification of contaminated properties on or adjacent to the project site, review of historical records of
releases adjacent to or on the project site, identification of other environmental issues that may exist on
or near the project site, and other potential environmental issues that may affect Caltrans and/or other
project proponent’s ability to construct, operate, and maintain the proposed project.
The ISA Addendum did not reveal any additional RECs in connection with the project beyond those
identified and analyzed in the Final EIR/EIS for hazardous materials/waste. No additional AMMs beyond
those identified in the Final EIR/EIS were recommended.
3.15 – Noise
A Supplemental NSR and Supplemental NADR were approved in June 2019 to support the re-
validation. As mentioned in the “Changes in Environmental Circumstances”section of this re-validation,
the base cost allowance for noise abatement reasonableness and feasibility increased from $55,000 to
$107,000 per benefited receptor since the time of the Final IS/ER. The previous soundwalls were
assessed and determined to meet the earlier base cost allowance. The soundwall as part of project final
NEPA/CEQA RE-VALIDATION FORM
Page 9 of 10 Revised September 2016
design changes would not affect the outcome decisions and would/would not still be considered
reasonable and feasible.
Soundwall SW2192:Soundwall SW2192 would be approximately 90 feet long and located within private
property in the northeast quadrant of the SR-91/I-15 interchange. See Attachment 3 for the location of
the soundwall. Traffic noise impacts would occur at the frequent outdoor use areas of two single-family
residences located along Cresta Road, north of SR-91 and east of I-15. Results of the barrier analysis
concluded that a soundwall with heights ranging from 8 to 10 feet would be needed to provide feasible
abatement of traffic noise of 5 decibels (dB) for the two impacted receptors and satisfy the 7-dB design
goal.
The estimated total construction cost was calculated to be $187,356, and two benefited single-family
residences would have provided a total reasonableness cost allowance of $214,000; therefore, this
soundwall was considered reasonable in terms of cost, and it was recommended to be constructed out
of lexan/concrete with heights ranging from 8 to 10 feet.
Soundwall SW2192 was later removed/confirmed from/for further consideration/construction based on
completion of the residential viewpoint survey. Properties along the soundwall that would receive 5 dB
or more noise reduction were identified for the survey. However, Soundwall SW2192 would be located
on private property of just one of the two benefited residences. Per the Protocol, 100 percent of the
owners of the private property upon which noise abatement is to be placed must support the proposed
abatement. Therefore, one (1) letter was sent in total. If no response is received from a property owner,
their vote would be considered a “no” vote. Letters that are unclaimed or refused are removed from the
consideration equation. Soundwall SW2192 received 1 “yes” vote, 0 “no” votes, 0 unclaimed/refused
letters, and 0 non-responses. Therefore, the total number surveyed was 1. Per the protocol, 100 percent
of the owners of the property upon which the abatement would be placed did/did not support the
proposed abatement. Therefore, Soundwall SW2192 is/is no longer considered reasonable from the
viewpoint of the benefited receptors.
Biological Resources (3.17 – Natural Communities, 3.22 – Invasive Species)
Since approval of the Final EIR/EIS, design changes have been incorporated into the I-15/SR-91 ELC
Project’s final design. The potential impacts of these changes, as well as the potential project impacts
due to changes in the affected biological environment, were analyzed in a Supplemental NES that was
approved in May 2019. To complete the analysis of the biological environment for the Supplemental
NES, habitat assessment site visits were conducted; new species lists from the United States Fish and
Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), and National Oceanic
and Atmospheric Administration (NOAA) were obtained; and a review was conducted of the Final
Jurisdictional Delineation Report approved in November 2009.
New species lists (see Attachments 5 and 6) were obtained to update the occurrence of flora and fauna
in the project area. The IPaC planning tool was used to obtain a species list from USFWS. One species,
Santa Monica Mountains dudleya (Dudleya cymosa ssp. ovatifolia), was not previously identified in the
approved May 2010 NES. The CNDDB was used to obtain a CDFW species list. Two species, arroyo
chub (Gila orcuttii) and yellow rail (Coturnicops noveboracensis), were not previously identified in the
approved May 2010 NES. The NMFS was used to obtain NOAA species lists of endangered or
threatened species and critical habitat in California. No new species were identified from this database
search.
No suitable habitat for the Santa Monica Mountains dudleya was observed during focused surveys
conducted in 2008 or 2014 nor during the 2018 site visits. Additionally, no species were observed during
the March 9, 19, or April 11, 2018, site visits. The lack of suitable habitat and absence of the Santa
Monica Mountains dudleya during the site visits results in a no effect finding for the species. According
to the database search results, no suitable habitat occurs within the project study area for the arroyo
chub or the yellow rail, which results in a no effect finding for both species.
The I-15/SR-91 ELC would result in temporary impacts to 1.56 acres of United States Army Corps of
Engineers (USACE) non-wetland jurisdictional features and 0.01 acre of permanent impacts to USACE
non-wetland jurisdictional features. No USACE wetlands would be impacted for project development.
The I-15/SR-15 ELC would result in temporary impacts to 1.69 acres of CDFW and Regional Water
Quality Control Board (RWQCB) jurisdictional features and 0.02 acre of permanent impacts to CDFW
and RWQCB jurisdictional features. See Attachment 8 for figures of impacts to CDFW/RWQCB waters.
Project development would not impact CDFW riparian habitat. Authorization under Section 404 of the
Clean Water Act (CWA) Nationwide Permit and Water Quality Certification under Section 401 of the
NEPA/CEQA RE-VALIDATION FORM
Page 10 of 10 Revised September 2016
CWA (and a Porter-Cologne Water Quality Control Act permit for impacts on state waters only), and a
CDFW 1602 Streambed Alteration Agreement would be required.
According to the analysis in the Supplemental NES, the project would implement the AMMs as included
in the previously approved NES and the Final EIR/EIS. The analysis shows that the project, including
the design changes, would result in minimal changes to the biological environment, and the AMMs
included in the previously approved NES and Final EIR/EIS would suffice to mitigate these minimal
changes without the need for new mitigation measures; therefore, no new mitigation measures have
been recommended.
Changes to avoidance, minimization, and/or mitigation measures since the environmental
document was approved.
Since approval of the Final EIR/EIS, the Initial Phase of the SR-91 CIP has been constructed.
Attachment 9 contains the Environmental Commitments Record (ECR) for the Initial Phase, which
includes all measures committed to in the Final EIR/EIS. This ECR also includes the additional AMMs
required as a result of the design changes analyzed in the various re-validations completed during
design and construction of the Initial Phase of the SR-91 CIP.
Changes to environmental commitments since the environmental document was approved (e.g.,
the addition of new conditions in permits or approvals). When this applies, append a revised
Environmental Commitments Record (ECR) as one of the Continuation Sheets.
One commitment from the SR-91 CIP Initial Phase ECR, V-2: Highway Planting, concerned replacement
tree plantings. Since the closeout of the SR-91 CIP Initial Phase ECR, this measure was deferred in a
re-validation of the SR-91 CIP to the I-15 Express Lanes Project (ELP) (EA 0J0800) through a re-
validation of the ELP. All tree replacement plantings have been satisfied for the Ultimate Project. For this
reason, commitment V-2 has been removed from the Ultimate Project ECR.
No additional AMMs were identified during analysis of the I-15/SR-91 ELC Project. Attachment 10
contains the ECR, which will be applicable to all projects constituting the Ultimate Project, including the
I-15/SR-91 ELC Project.
Page 1-1
ATTACHMENT 1
Ultimate Project Study Area
Page 1-2
Page 2-1
ATTACHMENT 2
ELC Project Study Area
Page 2-2
Page 3-1
ATTACHMENT 3
Soundwall Location
Page 3-2
Page 4-1
ATTACHMENT 4
SR-91 CIP Final EIR/EIS Initial Phase
Re-validations
Page 4-2
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
1.Design Change #1
Horizontal Alignment
· Shift the Serfas Club Drive alignment approximately 6 degrees to accommodate a right-turn
pocket from northbound (NB) Serfas Club Drive to eastbound (EB) Pine Crest Drive, avoid right-
of-way (ROW) impacts to Assessor’s Parcel Number (APN) #102 -113-001, and accommodate a
driveway from APN #102-050-002 (Arco/McDonald's) to Serfas Club Drive. The change
addresses City of Corona and County of Riverside concerns of proposed intersections leading to
traffic circulation issues.
ROW
· Chevron Station at APN #102-091-020 to be protected in place instead of acquired (as originally
reported in the Final Environmental Impact Report [EIR]/Environmental Impact Statement [EIS]).
· Arco/McDonalds at APN #102-050-002 to be reconfigured to provide a driveway. Acquisition of
this property not required.
· Acquisition of a currently vacant parcel (site of a former golf course) at Serfas Club Drive/Pine
Crest Drive (APN #102-050-012).
· The change would address City of Corona concerns regarding the tax revenue loss from
acquisition of the Chevron Station.
Slope-Fill Work
· Implement slope-fill work to correct differences in elevation between the roadway improvements
at Serfas Club Drive and adjacent parcel APN #102-050-003.The change is required as a result
of the change in horizontal alignment of Serfas Club Drive.
Traffic Signal Synchronization
· Frontage Road/Serfas Club Drive traffic signal synchronized with Pine Crest Drive/Serfas Club
Drive signal to accommodate right-turn pocket from NB Serfas Club Drive to EB Pine Crest Drive.
The change is required to address City of Corona and County of Riverside concerns of proposed
intersections leading to traffic circulation issues.
Design Change #2
Traffic Signal Installation
· Install new traffic signal at Corona Town Center and Lincoln Avenue to facilitate right-turn
movements onto NB Lincoln Avenue from Corona Town Center and for left-turn movements from
southbound (SB) Lincoln Avenue onto Corona Town Center.
· The change is required as ROW mitigation for impacts to parking lot access at Corona Town
Center.
Design Changes #3–#6
N/A
Page 4-3
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
California Highway Patrol (CHP) Turn-Around Facilities within the Existing Median
· Redesign of CHP turn-around based on revised State Route (SR) 91 median geometry, at SR-91
near western limits of project.
· Minor realignment of EB SR-91 near the proposed SR-91/SR-71 toll facilities to allow sufficient
horizontal clearances for a CHP turn-around area.
· Modification of median barriers under the SR-91 to Interstate 15 (1-15) flyover structure to allow
room for a CHP turn-around.
· Modification of median barriers along 1-15 between the Magnolia Boulevard and Ontario Avenue
interchanges to allow room for a CHP turn-around.
· CHP turn-around areas are a requirement for the enforcement component of Express Toll Lanes.
Design Change #7
Horizontal Alignment
· Realign Green River Road to accommodate Initial Phase instead of the Ultimate Project.
· Shift Green River Road alignment south, closer to SR-91, to accommodate a retaining wall for the
Initial Phase of the project.
· Minimize impacts to entrance driveway of Green River Golf Course by pulling cul-de-sac south,
closer to SR-91.
· Eliminate separate bicycle parking lot directly adjacent to the Reach 9 Phase 11B Project and
place parking lot west of cul-de-sac bulb.
· The purpose of this change is to minimize impacts to facilities related to the United States Army
Corps of Engineers (USACE), Orange County Public Works, and City of Corona.
Design Change #8
Rail Relocation
· Relocate rail switches at Porphyry Yard within Burlington Northern Santa Fe (BNSF) Railroad
ROW (APN #115-050-019), beneath the SR-91/1-15 interchange, to accommodate interchange
improvements.
· Install fifth storage track (1,561 feet of track) due to loss of existing storage track resulting from
rail switch relocation.
· Relocate a small segment of BNSF maintenance access road to allow enough vehicle spacing
between a proposed bridge column for the SR-91/1-15 interchange and the railroad.
2.Design Change #1: SCE Utility Relocation at Lincoln Avenue and D Street
Utility Relocation
· Relocate overhead Southern California Edison (SCE) electrical utility facilities from the north side
of the property (apartment complex at northwest corner of D Street and South Lincoln Avenue)
Two additional measures were added to
the project, included in the Initial Site
Assessment (ISA) Addendum:
Hazardous Waste and Materials
Page 4-4
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
and realign underground on the south side of the property along D Street, generally located
between South Lincoln Avenue and Magdalena Circle.
· The purpose of this change is to accommodate widening SR-91 and construction of a soundwall
where existing poles for electrical lines are located at the northern end of the property, adjacent
to EB SR-91.
Design Change #2: Access Easement for Building Demolition at Lincoln Avenue and D Street
Temporary Access Easement (TAE)
· Provide a TAE at the eastern end of the condominium complex generally located at D Street,
between South Lincoln Avenue and Magdalena Circle.
· The purpose of this change is to provide access to the rear of an existing condominium complex,
via a private driveway at the eastern end of the property. Access to the rear of the property is
necessary to conduct the proposed demolition of one condominium unit, which is necessary to
accommodate widening of SR-91 and realignment of C Street.
Design Change #3: SCE Utility Relocation at Smith Avenue and Pleasant View Avenue
Utility Relocation
· Relocate SCE electrical utility facilities from the north side of the property (apartment complex at
northwest corner of Pleasant View Avenue and Smith Avenue) and realign on the south side of
the property along Pleasant View Avenue generally located between South Smith Avenue and
Yorba Street.
· The purpose of this change is to accommodate construction of a soundwall where existing poles
for electrical lines are located at the northern end of the property, adjacent to EB SR-91.
Design Changes #4–#6
AT&T, Time Warner Cable (TWC), and Southern California Gas (SCG) Utility Relocations at East
Grand Boulevard and 3rd Street
· Relocate AT&T utility facilities along East Grand Boulevard (beneath SR-91) from Joy Street to
3rd Street before tying into existing facilities at Joy Street and 4th Street, and East Grand
Boulevard and Joy Street.
· Relocate TWC utility facilities along East Grand Boulevard (beneath SR-91) from Joy Street to
3rd Street before tying into existing facilities at 3rd Street (between East Grand Boulevard and
Victoria Avenue), and East Grand Boulevard (between 3rd Street and Joy Street).
· Relocate SCG utility facilities along Harrison Street and Blaine Street between North Main Street
and Joy Street. Proposed SCG utility facilities include approximately 1,800 linear feet of 8-inch
main along Blaine Street and 250 linear feet of 2-inch main along Harrison Street. The existing
SCG regulator station affected by the proposed freeway widening at East Grand Boulevard would
be abandoned. The proposed redundant piping under Blaine Street and Harrison Street that ties
· For buildings that would be
demolished as part of ROW
acquisition and/or construction,
Asbestos-Containing Material (ACM)
and Lead-Based Paint (LBP) testing
shall be performed after ROW
acquisition and prior to building
demolition.
· Herbicide, pesticide, and fungicide
testing shall be performed on the soils
within acquired ROW at the Green
River Golf Club (5215 Green River
Road, Corona, CA).
Page 4-5
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
into existing facilities at Joy Street eliminates the need for a new regulator station at East Grand
Boulevard.
· These changes would meet vertical clearances along East Grand Boulevard beneath the SR-91
overhead (OH) bridge. Due to widening of the bridge, the roadway profile would need to be
lowered approximately 3 feet beneath the bridge, which would affect existing AT&T underground
facilities.
Design Change #7
Curb and Gutter Shift at Main Street and East 4th Street
· Shift curb and gutter approximately 14 feet easterly at APN #117-114-012, northeast corner of
South Main Street and East 4th Street.
· This design change is necessary to accommodate the proposed median widening of the Main
Street undercrossing beneath SR-91. The existing South Main Street/East 3rd Street intersection
consists of two through lanes in each direction, two SB left-turn lanes to EB SR-91, and one NB
left-turn lane to westbound (WB) SR-91. The proposed Main Street undercrossing consists of
three through lanes and two left-turn lanes in each direction.
Design Change #8
Access to Bridge Construction Temporary Construction Licenses (TCL) for Temescal OH and SR-91/
I-15 Viaduct
TAEs
· Provide TAEs for access to bridge construction areas beneath the SR-91/I-15 interchange.
· The purpose of the proposed TAEs is to provide access to bridge construction areas via
Riverside County Flood Control & Water Conservation District (RCFC&WCD) and BNSF Railroad
ROW. Access to bridge construction areas will be permitted through a BNSF-issued TCL.
However, access onto BNSF ROW permitted by the TCL requires TAEs for access points that fall
outside of the original area of potential effect (APE).
Design Change #9
Access to Bridge Construction TCLs for Prado OH
TAEs
· Provide TAEs for access to bridge construction area within BNSF ROW, beneath the SR-91
Prado OH Bridge.
· The purpose of the proposed TAEs is to provide access to the bridge construction area via BNSF
ROW. Access onto BNSF ROW permitted by a TCL requires TAEs (also within BNSF ROW)
directly east and west of the Prado OH Bridge, which fall outside of the original APE.
Design Change #10
APE Shift for Building Demolition
Page 4-6
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
Temporary Construction Easement (TCE)
· Provide a TCE at APN #118-160-058, which is adjacent to a proposed building demolition at
APN #118-160-059 (full acquisition).
· The purpose of this change is to conduct demolition activities at adjacent APN #118-160-059. A
TCE is necessary at APN #118-160-058 for equipment mobilization and access to the adjacent
demolition site. No additional improvements or acquisition are proposed on APN #118-160-058.
Design Change #11
APE Shift for Building Demolition
Building Reface
· Reface existing building at APN #118-160-056, which is adjacent to a proposed building
demolition at APN #118-160-057 (full acquisition).
· The purpose of this change is to reface the existing building at APN #118-160-056. Currently, the
existing structures on both parcels are attached. With demolition of the structure on APN #118-
160-057, the structure on APN #118-160-056 will require refacing. The proposed building reface
activities lie on the APE boundary, requiring the APE to be shifted to include APN #118-160-056.
Design Change #12
APE Shift for Access to SCE Utility Relocation
Utility Relocation
· Relocate SCE overhead electrical lines at APN #118-270-012. This parcel would be accessed via
Sierra Vista Street, at the east end of the parcel.
· The purpose of this change is to relocate existing overhead electrical lines to tie into an existing
pad-mounted transformer. The transformer is located behind the Cardenas Market building at
adjacent APN #118-270-035. Electrical service to the existing pad-mounted transformer would be
re-established via an underground feed system beneath Sierra Vista Street from existing power
poles on APN #118-270-012.
Design Change #13
APE Shift for Access to Demolition Activities
Permanent Access Easement (PAE)
· Provide a PAE at APN #118-250-020, between SR-91 and Pomona Road, east of Lincoln
Avenue.
· The purpose of this change is to provide temporary access to Mill Creek Restaurant, which is
proposed to be demolished to accommodate freeway widening. Furthermore, the purpose of this
change is also to provide permanent access for maintenance of a proposed storm water Best
Page 4-7
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
Management Practice (BMP) facility between APN #118-250-020 and SR-91.The proposed PAE
is partly outside of the APE, requiring a shift of the APE to include APN #118- 250-020.
Design Change #14
APE Shift for Access to SCE Utility Relocation
Utility Relocation
· Obtain a permanent utility easement (access is covered under Design Change #8) at APN# 115-
050-030 (RCFC&WCD ROW) to relocate existing SCE overhead electrical lines to a proposed
underground electrical conduit that crosses beneath SR-91.
· The purpose of this change is to obtain a permanent utility easement inside APN #115-050- 030
to relocate existing SCE overhead electrical lines that cross over SR-91 adjacent to Temescal
Wash to a proposed underground electrical system that crosses beneath SR-91 along an existing
RCFC&WCD maintenance road. Existing overhead lines require relocation due to proposed
bridge and interchange improvements at the SR-91/I-15 interchange. Electrical overhead lines
would no longer be able to cross over SR-91 because they would be in the path of the
interchange’s increased vertical profile. Therefore, electrical lines would need to be relocated to
an underground system to cross the freeway. A utility easement is necessary within APN #115-
050-030 to install the proposed underground vault and related conduits to relocate the electrical
lines.
Design Change #1
APE Shift for Traffic Signal Modification at West Grand Boulevard and West 2nd Street
· Reconfigure traffic signals at the intersection of West Grand Boulevard and West 2nd Street.
· The purpose of this change is to accommodate the proposed widening of the SR-91 Bridge over
West Grand Boulevard.
Design Change #16
Access Easement for Building Cut and Reface (Site Mitigation)
TAEs
· Provide TAE at APN #101-170-038 and #101-170-010.
· The purpose of this change is to conduct a partial demolition and cut and reface of an existing
storage facility building at APN #101-170-038. Access to the proposed cut and reface activities
would be provided via a TAE on APN #101-170-010, which is a vacant parcel located adjacent to
APN #101-170-038.
Design Change #17
Relocation of up to Four Additional Historic Streetlights within Grand Boulevard Historic District
Streetlight Relocation
Page 4-8
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
· Relocate up to four additional acorn-style streetlights within the Grand Boulevard Historic District.
· The purpose of this change is to accommodate widening of the SR-91 bridges over East and
West Grand Boulevard and to accommodate underground utility relocations along East Grand
Boulevard, under Design Changes #4, #5, and #15.
3.Noise Abatement
Soundwall E-1 (Noise Study Area E)
·Soundwall E-1 is generally located at the Edge of Shoulder (EOS) along WB SR-91,
between Green River Road and Green River Golf Club. The Final EIR/EIS reported that
Soundwall E-1 would be constructed during the Ultimate Project. Soundwall E-1 was not
found to be reasonable or feasible for the reasons stated below and will not be built as part
of the Initial Phase of the project:
·As shown in the Supplemental Noise Study Report (NSR), construction of the project's Initial
Phase will not result in noise impacts to the receivers in receiver areas representing the
Green River Mobile Home Park. Figure 7-1 in the Supplemental NSR provides a summary of
modeled noise impacts for each receiver located within the Green River Mobile Home Park;
none of the receiver levels surpassed the Noise Abatement Criteria (NAC) of 67 A-weighted
decibels (dBA) levels, which is required for construction of a soundwall.
·The California Department of Transportation’s (Caltrans) Traffic Noise Analysis Protocol
requirement to obtain at least a 50 percent vote in favor of the wall was not achieved.
According to the sound barrier survey results, Soundwall E-1 received six votes. Two of the
six votes were in support of the wall, and four opposed the soundwall; indicating that less
than 50 percent of the adjacent property owners were in support of the soundwall. During the
final design phase, further coordination was conducted with local stakeholders (discussed
above), who indicated that they oppose the soundwall during the project's Initial Phase,
resulting in the elimination of Soundwall E-1.
N/A
4.I-15 and Main Street Area Design Refinements
·Shift the EB Main Street on-ramp to SR-91 and the EB SR-91 to I-15 connector braid west,
reducing the complicated "stacked" construction over Temescal Wash and the BNSF railroad
corridor. This allows the EB Main Street on-ramps to SR-91 to tie into EB SR 91 much
sooner.
The following measure was required
related to hazardous waste/materials.
Results of the LBP survey conducted at
the 6th Street overcrossing and the
Temescal Wash Bridge along I-15
indicated that lead-based and lead-
containing paints are present at these
locations; as such, the following measure
would apply at these locations:
Page 4-9
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
HW-17: Where lead is present and dust-
producing activities will be performed, the
California Occupational Safety and Health
Administration (Cal-OSHA) regulation for
lead in construction (Title 8, California
Code of Regulations, Section 1532.1)
identifies that the employer shall treat the
employee as if they would be exposed to
lead above the Permissible Exposure Limit
(PEL) and shall implement employee
productive measures until an employee
exposure assessment is performed to
document otherwise. Lead was identified
in the yellow traffic striping paint, the grey
paint on the guard rail, and black traffic
paint. Contractors involved in renovation/
demolition activities should be informed of
the presence of and potential health
hazards associated with lead-containing
paints. Care should be taken to protect
workers (i.e., respiratory protection) when
disturbing lead-containing paints during
renovation/demolition activities.
5.Serfas Club Drive Area Design Refinements
· In the area between Serfas Club Drive and Maple Street, the modification involves a
reconfiguration of the EB Serfas Club Drive on-ramp and the EB Maple Street off-ramp.The
modification involves shifting the proposed braid of the two ramps farther to the west by
approximately 1,300 feet from its previous location and closer to Serfas Club Drive.The Serfas
Club Drive EB on-ramp will cross under the Maple Street EB off-ramp.
· This modification also affects the frontage road design ,which will be shifted closer to the SR-91
mainline,resulting in less required ROW .The parcels along the frontage road are designated as
full acquisitions,which means the project refinements will result in larger remnants being
available as a result of less ROW being required.
· All of the improvements are within the footprint that was identified in the adopted EIR/EIS.
N/A
Page 4-10
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
6.The California Department of Fish and Wildlife (CDFW) has determined that the project could
adversely affect existing fish or wildlife resources and has included measures [necessary to protect
those resources] in the Section 1602 Streambed Alteration Agreement entered into between CDFW
and the Riverside County Transportation Commission (RCTC).
Retaining Walls 203 and 205 Area Design Refinements
· Replace approximately 1,050 feet of Retaining Wall 203 with a 2:1 fill slope. This wall is located
along the north side of SR-91 and extends from Prado Road to a point approximately 3,350 feet
east of Prado Road. The fill slope will eliminate a portion of Retaining Wall 203; as such, the
distance between the western portion of Retaining Wall 203 and the eastern portion of Retaining
Wall 203 will be approximately 1,050 feet. The fill slope limits overlap the limits of both walls; as
such, the total length of the fill slope is approximately 1,650 feet. The remaining western portion
of Retaining Wall 203 will be 310 feet, and the eastern portion of Retaining Wall 203 will be 1,740
feet. The original design for Retaining Wall 203 had a height ranging from 25 feet to 35 feet. The
proposed design refinement has Retaining Wall 203A ranging in height from 7.5 feet to 25 feet
and Retaining Wall 203B ranging in height from 7.5 feet to 27.5 feet.
· Replace Retaining Wall 205 with a 2:1 cut slope. This wall is located along the north side of SR-
91 and extends from SR-71 lo a point approximately 2,700 feet east of SR-71. As such, the cut
slope replacing Retaining Wall 205 will be approximately 2,700 feet in length. The remaining
portion of Retaining Wall 205 will be 365 feet.
· Relocation of approximately 800 feet of USACE maintenance road toward the east end of
Retaining Wall 205 to allow for construction of the cut slope.
· Construction of drainage ditch to convey flow in the northwest quadrant of the SR-91/SR-71
interchange. This ditch is approximately 565 feet in length. It has a 4-foot-wide flat bottom with
12-foot-wide side slopes for a total width of 28 feet. This drainage ditch is at the toe of the
proposed fill slope. The runoff will outlet into the existing flood control channel.
An additional measure was added to V-2:
Visual/Aesthetics
Prior to the implementation of the 2:1
slopes in the area between Bridge Nos.
56-0637 Prado OH and 56-0634 West
Prado OH, RCTC will ensure that the
design-build contractor will minimize the
impacts for the loss of visual quality by
incorporating V-2 measures as approved
by Caltrans and the permitting agencies.
7.Reduction of Soundwall D1-B –900 feet west of Buchanan Avenue
· NB D1-B will be built on private property along the southeast edge of Villaggio Condominium
Complex. The result of this revalidation will construct sound barrier NB D1-B. NB D1-B would be
constructed outside of State (Caltrans) ROW next to existing property walls and first-row
buildings on the SR-91 side.
· Updates to the recommended ramp closure at the SR-91 Main Street interchange are necessary
to conduct construction activities and implement interchange improvements.
N/A
8.TCE in Chino Hills State Park (CHSP)N/A
Page 4-11
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
· It was identified in the adopted EIRIEIS that 2.14 acres of TCE would be required within CHSP.
boundaries. Based on final design and construction methods for the Green River Road WB off-
ramp, it has been identified that additional TCE areas would be required within CHSP property
adjacent to Prado Road near one of the park entrances.
· The purpose of the additional TCE areas is for access and temporary storage of materials and
equipment.
9.No project changes are proposed. Mapping exhibits need to be corrected: errata sheets illustrating
Noise Barrier O-3 not being constructed were attached.
N/A
10.During preparation and review of the design plans, 64 locations were identified that required analysis.
The proposed 64 design refinements include striping, sign installations, testing and upgrading of
communication equipment within an existing building, and utility relocations for the SR-91 Corridor
Improvement Project (CIP).
N/A
11.Two Optional Barrier Locations have been Evaluated to Replace Previously Identified Barrier
M1.
· Refinements to previously identified Barriers NB-M1 and NB-M2 were identified. These barriers,
near Serfas Club Drive, were included in the adopted EIR/EIS and to Barrier EB-M1 that
subsequently replaced these barriers in Revalidation #5. Supplemental NSR Addendum #1
(March 2015) was prepared for Revalidation #5 Supplemental NSR. The proposed design
refinements for the SR-91 CIP are described below.
Barrier M1-A:
· In the area between Serfas Club Drive and Maple Street, the modification involves
reconfiguration of Noise Barrier EB-M1 from Revalidation #5. This revalidation evaluates two
barrier alternatives, M1A Option 1 and Option 2, located along the EOS of the SR-91 EB off-
ramp. Noise Barrier M1A Option 1 extends from Station 98+00 to Station 116+00. Noise Barrier
M1A Option 2 extends from Station 193+20 and curves along the frontage road and joins with the
EOS of the SR-91 off-ramp to Maple Street at Station 1 03+00 then continues to Station 116+00.
Both options also include a noise barrier (S200), approximately 300 feet in length, along the
property line of three residences on the west side of Ridgeview Terrace. Both noise barrier
options (M1A Options 1 and 2) are feasible and would provide the appropriate level of noise
abatement.
N/A
12.Relocation of Soundwall M-1
· Refinements to the project within the Auto Center Drive/Serfas Club Drive to Maple Street area
would involve reconfiguring the EB Serfas Club Drive on-ramp and the EB Maple Street off-ramp.
These refinements were approved in Revalidation #5 (December 4, 2014).
No changes to avoidance, minimization,
and/or mitigation measures, but measures
Reval 12-A, Reval 12-B, and Reval 12-C
were added.
Page 4-12
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
· However, Noise Barrier NB M-1 at the EOS would cause a visual obstruction to commercially
zoned properties along Frontage Road, which are currently owned by RCTC (a public entity). The
new NB M-1B, would be constructed just outside the properties of the impacted receivers,
providing feasible noise reduction (5-dBA minimum) for 12 residences while providing visibility to
the commercial property between these residences and SR-91.
13.Ramp Closure Revision
· A proposed ramp closure at the SR-91/Auto Center Drive/Serfas Club Drive interchange would
need to be revised from 6 months to 15 months.
N/A
14.Refinements to the Project within the Lincoln Avenue to Grand Boulevard Area
· Buena Vista Mobile Manor, located south of SR-91 and east of Lincoln Avenue and which would
have received feasible noise abatement from Noise Barrier NB Q-1,has been acquired for the
Ultimate Project ROW. In addition, it has been indicated that continued visibility of the major car
dealership Honda Cars of Corona, located north of SR-91 and just east of Lincoln Avenue, could
be compromised by the originally proposed NB P-1.
· As a result of these changes, the westerly portions of NBs P-1 and Q-1, which were originally
proposed to begin approximately 700 feet east of Lincoln Avenue, have been analyzed in a
Supplemental NSR to confirm that new lengths would still provide a comparable level of noise
attenuation as that proposed in the project's EIR/EIS.
· Sound Barrier P1A Option 1 is shorter in length by 150 feet; Soundwall P1A Option 2 is shorter
by 230 feet. Barrier Q-1A is shorter in length by approximately 200 feet.
No changes to avoidance, minimization,
and/or mitigation measures, but measure
Reval 14A was added.
15.Temporary Sound Barrier Installation
· Due to noise exposure from construction activities near Prado Road (bridge demolition),
temporary sound barrier will be installed to shield residents from construction noise.
· A portion is located within CHSP and involves the installation of acoustical sound blankets/batting
material panels, mounted on a steel frame;
· The other portion of the temporary wall will consist of truck trailers with batting material installed
in gaps and skirting along the bottom of the trailers.
N/A
16.Refinements to a Project Wall located along the northwest area of the SR-91/I-15 Interchange,
between Corona Avenue and Parkridge Avenue
· The purpose of this revalidation is to document the change in location (from the EOS to the top of
berm) and a design change (to accommodate a previous commitment [Committed Wall]), as well
as the EIR/EIS commitment to build K1-A.
N/A
Page 4-13
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
· Although the 2012 EIR/EIS proposed the K1-A wall location to be moved from the EOS to the top
of slope, the height at this location was not evaluated. Now that the project is in design and
construction, technical analysis has been conducted to determine the height at which K1-A would
provide comparable noise reduction, as the 14-foot-high wall evaluated in the project’s NSR, but
at the top of slope as proposed in the EIR/EIS. Additionally, the previous documents confirmed
the height and location of the northerly segment of wall:
· The northerly 1,100-foot-long segment of K1-A will be 14 feet high; the southerly segment will be
12 feet high.
17.Noise Barrier T -1 Removal
· Due to design refinements made, a Supplemental NSR was conducted and included analysis
near the Main Street interchange. The Supplemental NSR concluded that there is no traffic noise
impact in the affected area.
· NB T-1 is therefore being removed from the project.
N/A
18.Utility Work
· This revalidation is to document the revision to install two 5-inch-diameter power poles at
Wardlow Wash, just south of SR-91, which has been found, by CDFW, to be located within their
jurisdiction. The work is proposed south of the EB SR-91 at the SR-71 south to SR-91 connector.
The project would entail the installation of two wooden power poles and service cabinet in
uplands adjacent to Wardlow Wash. Work will occur on fill previously placed as part of the
separate SR-91 Eastbound Widening Project.
N/A
19.Noise Study Report Approval Date
· Caltrans and RCTC were unable to locate a signed copy of the NSR at the request of a resident
in the SR-91 corridor.
· In the process of fulfilling this request, a discrepancy in the EIR/EIS was discovered. The
approved EIR/EIS shows the approved date for the NSR as April 2010, even though the
document was approved in May 2010. A memo was prepared to document approval of the NSR
for the SR-91 CIP to complete the administrative record.
· The purpose of this revalidation is to reaffirm approval of the project NSR and to update the date
of the approval to May 2010 in the environmental document.
N/A
20.Emergency Access Feature Incorporation
· Due to emergency access issues that arose during construction, a temporary ramp was
developed at the end of Green River Road, partially using the Old Santa Ana River Trail, to avoid
and minimize any potential impacts of a WB freeway shutdown.
N/A
Page 4-14
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
· The purpose of this revalidation is to incorporate this emergency access as a permanent project
feature. The emergency detour ramp (located approximately at station 573+00) near Green River
Road will be permanently maintained and opened to the public in the event WB SR-91,west of
Green River Road,becomes partially or fully impassable.
21.Contra-Flow Plan
· Due to mudslides in December 2014, a median contra-flow plan is proposed between Coal
Canyon and the Serfas Club/Auto Center Drive/Auto Center Drive interchange to alleviate traffic
and provide access to communities.
N/A
22.Cultural Resources
·During the construction phase of the SR-91 CIP, west of I-15, installation of utilities required
additional analysis to accommodate activities just outside the originally approved APE. Due
to design changes during construction, the APE was extended through Revalidation #10 for
utility modification, roadway striping, and sign installation, in and along SR-91 and I-15.
N/A
23.Soil Placement,Grading, and Landscaping
· The design refinement involves placement and grading of a soil pile located between the SB SR-
71 on-ramp to SR-91 EB, and the BNSF railroad to the south. This design refinement involves the
placement of 37,000 cubic yards of fill and landscaping of the disturbed area.
N/A
24.Ramp Closure Extension
Extend previously approved long-term ramp closures for two on-ramps and two off-ramps to complete
the work required for widening of SR-91:
· EB Main Street On-ramp – from a 15-month closure to an 18-month closure;
· WB Main Street Off-ramp- from a 12-month closure to a 15-month closure;
· WB Maple Street Off-ramp – from a 2-month closure to a 4-month closure; and
· EB Serfas Club Drive On-ramp – from a 15-month closure to a 17-month closure.
N/A
25.New Access Point
· A new access point for equipment to reach the construction at Bridge 30 (1-15 at Temescal
Wash) is necessary. The new access will be from All American Way, which is located outside the
existing APE and was not included in the EIR/EIS. The contractor will be utilizing the new access
to move equipment and construction materials in and out of the channel during demolition and
construction of the new pier wall for Bridge 30.The access is temporary for a period of 1 month
once construction is ready to begin.
Based on the results of the environmental
re-evaluation, there is a potential for
temporary impacts to the vegetation. Any
impacts will be addressed in the project
restoration plan.
To minimize impacts to the surrounding
area, the following will be addressed:
Page 4-15
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
· The SR-91 CIP will be starting demolition of Bridge 30. During a preconstruction site visit, it was
determined that the pile driver will not be able to access the bridge through the access ramp from
Harrison Yard (main access point).
RCFC&WCD Approval
· AWJV submitted a request to RCFC&WCD to amend the existing Encroachment Permit (EP
3516) to allow access from All American Way. The amendment was approved by RCFC&WCD in
February 2016, which included compliance with Clean Water Act (CWA) Section 401, CWA
Section 404, and National Pollutant Discharge Elimination System (NPDES) requirements.
CDFW Approval
AWJV has also received e-mail approval from CDFW for the new access from All American Way. The
following are the requirements from CDFW:
· Develop and implement a focused training for all staff working in the area to ensure and
document avoidance of fish and wildlife resources.
· Work in the concrete channel is promptly cleared/cleaned-up (no discharges).
· Quantify and restore any vegetation impacts offsite (if necessary).
1)Delineating the limits of disturbance area
(in the earthen area) with environmental
sensitive area (ESA) fencing.
2) Potential use of crane pads to limit any
potential grading.
3) Installing BMPs if grading or fill activities
occur in this earthen area for access.
4) Regular housekeeping of construction
litter/pollution through the access area.
5) Regular biological monitoring to
ensuring compliance with the permits.
The measures for vegetation and/or
revegetation are not required by
RCFC&WCD, who owns the property
being accessed. AWJV will implement
measures along the access route to avoid
any disturbance of the existing native and
non-native vegetation as specified by the
biologist.
26.Ramp Closure Amendments
The SR-91 CIP requires a second amendment for the Ramp Closure Study to address the impacts of
adding two temporary ramp closure locations along the SR-91 CIP for the WB Lincoln Avenue on-
ramp and the EB Maple Street/6th Street off-ramp.
· WB Lincoln Avenue On-ramp: 2-month closure.
· EB Maple Street/6th Street Off-ramp: 6-week closure.
N/A
27.Ramp Closure Extension
Two long-term ramp closures necessary for construction of the SR-91 CIP required to be extended by
3 more months than identified in the original Ramp Closure Study and two amendments that followed.
The duration of the following ramps will be extended:
· WB Maple Street/6th Street Off-ramp – extend by 3 months for a total of 6 months.
· EB Serfas Club Drive On-ramp – extend by 3 months for a total of 17 months.
N/A
28.Heightened Soundwall for Aesthetic Purposes Unknown at this time.
Page 4-16
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
· The purpose of this revalidation is to document the increase in height of an existing soundwall on
top of Retaining Wall 03B for aesthetic purposes and to block views of the freeway from
Northmoor Drive residences.
29.Plantings at Walls Requirement Change
Per clause ‘C’ of Measure V-1 and related text in Measure V-4, planting of trees, shrubs, and/or vines
at soundwalls and retaining walls is required. Required plantings at all soundwalls and retaining walls,
however, has not been possible.
· The purpose of this re-evaluation is to document the language modification in Measures V-1 and
V-4, of the Environmental Commitment Record (ECR), which require plantings.
Every effort was made to meet the requirements of Measures V-1 and V-4 to plant trees or shrubs and
vines at the base of the walls. However, landscaping at every soundwall and retaining wall was not
possible. Planting of trees, shrubs, and/or vines was not possible at every soundwall and retaining wall
due to four primary reasons:
· Paving associated with the wall –The wall is either sitting above a retaining wall, barrier, or
adjacent to paved surfaces; which do not allow for landscaping.
· Lack of maintenance access – No access to the back side of most of the walls that are at grade.
· Inability to get irrigation to areas where walls are located.
· Other project structures interfered with the planting area.
Measures V-1 and V-4 required plantings
at all soundwalls and retaining walls,
however, this requirement was not met.
30.Transfer of SR-91 CIP-required Trees to I-15 Toll Express Lanes Project.
· Per Measure V-2 of the SR-91 CIP, trees removed by the project are required to be replaced at a
1:1 ratio. This requirement, however, conflicts with the upcoming I-15 TEL Project where the two
projects overlap – at the SR-91/I-15 interchange. Forty-four (44) trees not planted by the SR-91
CIP will be planted by the I-15 TEL Project, generally located between Temescal Wash and the
BNSF railroad tracks, along I-15. The installation of vegetation, which could possibly become
habitat for nearby species and migratory birds, only to have it removed within a short time frame,
could cause temporary impacts to biological resources. To avoid impacting the area twice and
throw away improvements, planting of those 44 SR-91 CIP trees is being deferred to the I-15 TEL
Project.
Based on the results of this re-evaluation,
to ensure the planting of 44 trees by the
I-15 TEL Project, the following measure
was required:
V-7: During construction of the I-15 TEL
Project, a revalidation shall be processed
for the addition of 44 trees to be planted at
the SR-91/I-15 interchange.
31.Fair Share Contributions Requirement Update
· ECR Measure T-3 describes the fair share contributions required to mitigate SR-91 CIP impacts
to the City of Corona. These improvements were to be completed differently depending on which
alternative was implemented; Alternative 1, which would be completed in 2015, or Alternative 2
Table 3.1 of Measure T-3 was updated.
Page 4-17
Reval
#Reason for Revalidation
Avoidance, Minimization, and/or
Mitigation Measures Added,
Deleted, or Revised
which would consist of an Initial Phase in 2015 and then the Ultimate Phase in 2035. Alternative
2 was selected as the preferred alternative and construction of the Initial Phase began in 2014.
Measure T-3 states:
· RCTC's Project Manager will ensure that RCTC pays the fair share contribution for the project-
related impacts at area intersections. Those fair shares are shown by intersection in Table T-3.1.
The recommended improvements include additional turn and through lanes. Summaries of the
improved intersection delays and level of service (LOS) are provided in Tables T-3.2, T-3.3, and
T-3.4 for 2015 with the Initial Phase of Alternative 2, Design Year 2035 with Alternative 1, and
Design Year 2035 with Alternative 2 conditions, respectively.
32.Document the transfer of geotechnical investigations proposed for SR-91 N/A
Page 5-1
ATTACHMENT 5
IPaC Database Search
Page 5-2
Page 5-3
Page 5-4
Page 5-5
Page 5-6
Page 5-7
Page 5-8
Page 5-9
Page 6-1
ATTACHMENT 6
NMFS Database Search
Page 6-2
Page 6-3
Page 6-4
Page 6-5
Page 6-6
Page 7-1
ATTACHMENT 7
Visual Simulations
Page 7-2
Page 7-3
Page 8-1
ATTACHMENT 8
Impacts to CDFW/RWQCB Waters
Page 8-2
Page 8-3
Page 8-4
Page 9-1
ATTACHMENT 9
Initial Phase
Environmental Commitments Record
Page 9-2
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
LU-1
If a Build Alternative is selected for implementation, the
Riverside County Transportation Commission (RCTC)
will request the County of Riverside, the County of
Orange, and the cities along the alignments of State
Route 91 (SR 91) and Interstate 15 (I-15) to amend their
respective General Plans to reflect the selected SR-91
Corridor Improvement Project (CIP) alternative and the
modification of land use designations for properties that
would be acquired for the project which are not currently
designated for transportation uses.
Final EIR/EIS RCTC
The City of Corona will include 91
CIP land use changes in their regular
General Plan Update. City of Corona
has provided written verification.
A meeting was held with the County
of Riverside on 2/28/2018. County of
Riverside does not have an official
designation for "transportation use"
and does not need to amend the
General Plan for that purpose. Land
use changes for remnant parcels will
occur during standard entitlement
process as properties have already
been sold for private development.
Please see meeting minutes.
10/23/17;
2/28/18
AT;
JLS
100%
complete for
Initial Phase
X
PR-1
During final design/construction of the Initial Phase,
RCTC will contribute $100,000 to the planning and
implementation of improvements in that area that would
support and expand regional trail connectivity.
Final EIR/EIS RCTC Final design/
construction RCTC paid CDPR in January 2014 8/21/2015 SB
100%
complete for
Initial Phase
X
PR-2
During final design/construction of the Initial Phase,
RCTC will coordinate with State Parks on the aesthetic
features that will be included in the project specifications
for the proposed retaining wall facing CHSP between
SR-71 and the westbound Green River Road off-ramp,
consistent with the aesthetic and features required in
Measure V 2. The aesthetic treatment will include a
texture to simulate a natural type appearance such as a
soil or rock surface, or equivalent.
Final EIR/EIS RCTC/Design
Builder
Final design/
construction
RCTC submitted design concept and
renderings in December 2014. CDPR
concurs in February 2015. Final
design still needs to be reviewed
prior to construction of aesthetic and
entrance features.
12/2/2016 AT
100%
complete for
Initial Phase
X
PR-3
To minimize nighttime noise impacts to Chino Hills State
Park (CHSP):
1. RCTC’s Resident Engineer will require the
design/build contractor to limit the hours of construction
in CHSP to daylight hours (7:00 a.m. to 7:00 p.m.), with
the exception of limited periods when evening or night
construction is necessary for operational reasons.
Operational reasons may include the desire to conduct
certain construction activities; such as closing multiple
ramps or travel lanes, during night hours to minimize
delays to the traveling public. Any night construction
must be approved in writing by the RCTC Resident
Engineer and coordinated with the District 8 and 12
biologists, the USFWS, and CDFG.
Final EIR/EIS Design Builder During
Construction
RCTC submitted the wildlife noise
and lighting plan to CDFW for review
and approval in August 2014. CDFW
concurred in October 2014. A
variance was approved by the City of
Corona to allow night time work
within the city limits.
11/16/2017 AT
100%
complete for
Initial Phase
X
Page 9-3
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
CI-2
Where property acquisition and relocation are
unavoidable, RCTC’s Right-of-Way Agents will follow the
provisions of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (Uniform
Act) and the 1987 Amendments as implemented by the
Uniform Relocation Assistance and Real Property
Acquisition Regulations for Federal and Federally
Assisted Programs. Appendix D in the Environmental
Impact Report/Environmental Impact Statement
(EIR/EIS) provides a summary of the RCTC Relocation
Assistance Program for implementing the Uniform Act.
For properties where a partial acquisition results in the
removal of some or all of the parking for the property,
RCTC’s Right-of-Way Agents will conduct parking
studies to investigate the use of adjacent acquisitions for
replacement parking, reconfiguring the remaining parking
spaces and lots on the property, restriping parking
spaces, enlarging parking lots, and reconfiguring
driveways and/or delivery locations to reduce the project
effects on the property.
Final EIR/EIS RCTC
Prior to
construction;
during
construction
All permanent relocations have
occurred. OPC has documentation.
RCTC is at 85% completion of ROW
acquisition and has followed
applicable guidelines. (but
Attachment 4 in the Reval says
"RCTC has followed applicable
guidelines")
9/30/2016 AT
100%
complete for
Initial Phase
X
CI-3
Where possible during final design, RCTC’s Right-of-
Way Agents and the Project Engineer will work with
owners of commercial, agricultural, and industrial uses
subject to partial property acquisitions to reconfigure
those uses on site consistent with applicable local codes
and ordinances in such a manner as to enable them to
remain in operation. If a commercial or industrial partial
acquisition cannot be reconfigured to allow for continued
operation, RCTC’s Right-of-Way Agents will work with
the property owners to either relocate that use to land
designated for that given land use, preferably within the
boundaries of the study area or to provide compensation
for the land pursuant to the provisions of the Uniform Act.
If an agricultural use cannot be reconfigured to allow for
its continued operation, the property owner will be
compensated pursuant to the provisions of the Uniform
Act as required in Measure CI-2 and the agricultural use
will be discontinued.
Final EIR/EIS RCTC Prior to
construction
RCTC is at 85% (reval says 100%)
completion of ROW acquisition and
has followed applicable guidelines.
8/1/2015 SB
100%
complete for
Initial Phase
X
CI-4
During final design and property acquisition, the RCTC
Project Engineer and Right-of-Way Agents will work with
billboard/property owners, the City of Corona, and the
California Department of Transportation’s (Department)
Outdoor Advertising Unit to find locations for relocating
Final EIR/EIS RCTC Final design/
construction
Billboard relocations have been
identified and are being
implemented.
8/1/2016 SB
100%
complete for
Initial Phase
X
Page 9-4
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
the affected billboards, within the existing sites where the
billboards are currently located or other sites in the City
where billboards are allowed. The Right-of-Way Agents
will work with the City and the Department’s Outdoor
Advertising Unit to ensure that the sites for the relocated
billboards comply with the requirements in the City of
Corona Municipal Code and the Outdoor Advertising Act
and Regulations. The Right-of-Way Agents will also work
with the billboard/property owners to develop Billboard
Relocation Agreements with the City of Corona.
UES-1
During final design, the Riverside County Transportation
Commission’s (RCTC) Project Engineer will prepare
utility relocation plans in consultation with the affected
utility providers/owners for those utility facilities
anticipated to be relocated, removed, and protected in-
place. Final design will focus on avoiding utility
relocations. If relocation is necessary, final design will
focus on relocating utilities within the State right-of-way
or within other existing public rights-of-way and/or
easements. If relocation outside of existing or the
additional public rights-of-way and/or easements
required for the project is necessary, final design will
focus on relocating those facilities in such a manner as
to minimize environmental impacts as a result of project
construction and ongoing maintenance and repair
activities. The utility relocation plans will be included in
the project specifications. Prior to and during
construction, the RCTC Resident Engineer will ensure
that the components of the utility relocation plans
provided in the project specifications are properly
implemented by the design/build contractor.
Final EIR/EIS Design
Builder/RCTC
Prior to
construction;
during
construction
Coordination has been occurring
between design and environmental
regarding final relocation of utilities.
Two remaining RFC plans will be
completed by Nov. 2015.
ReValidation 2 - Approved 9/17/13
ReValidation 10 - Approved 9/21/15
Remaining RFC plans are
completed.
Last utility (sewer at Yorba St and
Pleasantview Ave) completed first
week of Sept. 2017.
2/3/17;
9/12/17
AT;
AT
100%
complete for
Initial Phase
X
UES-2
Prior to and during construction, RCTC’s Resident
Engineer will require the design/build contractor to
coordinate all temporary ramp and lane closures and
detour plans with law enforcement, fire protection, and
emergency medical service providers to minimize
temporary delays in emergency response times as part
of the Final Transportation Management Plan (TMP) and
Final Ramp Closure Study required in Measures T-1 and
T-2, including the identification of alternative routes and
routes across the construction areas for emergency
vehicles developed in coordination with the affected
agencies.
Final EIR/EIS Design Builder
Prior to
construction;
during
construction
TMP: Final TMP has been completed
and signed.
City of Corona approved proposed
haul routes using city streets.
Caltrans approved the September
2015 Ramp Closure Study October
16, 2015.
Amendment #1 to the Ramp Closure
Study/Reval 24 approved on
08/29/16.
11/3/2016 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
Page 9-5
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
Amendment #2 to the Ramp Closure
Study/Reval 26 approved on
10/10/2016
UES-3
Prior to and during any construction activities, the RCTC
Project Engineer will require the design/build contractor
to implement the following to minimize the risk of fires
during construction: Coordinate with the applicable local
fire department to identify and maintain defensible
spaces around active construction areas.; Coordinate
with the applicable local fire department to identify and
maintain firefighting equipment (extinguishers, shovels,
water tankers) in active construction areas.; Prohibit the
use of mechanized equipment or equipment that could
throw off sparks in areas adjacent to open space or
undeveloped land, including areas adjacent to CHSP.;
Post emergency services phone numbers (fire,
emergency medical, police) in visible locations in all
active construction areas.
Final EIR/EIS Design Builder
Prior to
construction;
during
construction
Design Builder has prepared and
currently implements a safety plan
and crisis management plan.
2/2/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
UES-4
The final design of the SR-91 CIP Build Alternatives will
include closing gaps so there is the equivalent of a
continuous barrier 30 to 36 inches high on the edge of
the shoulder on both westbound and eastbound SR-91
from SR-71 to SR-241, as follows: 2. Ultimate Project:
Close gaps to provide an equivalent continuous barrier
30 to 36 inches high on the edge of shoulder on SR-91 in
both directions between Green River Road and SR-241
meeting Department standards applicable at the time.
Final EIR/EIS RCTC Prior to
construction
3 foot barrier is identified on pkg B
plans from SR 71 to Orange County
line. Installation of the 3-foot barrier
completed on the westbound side of
SR-91; the eastbound barrier will be
installed during the Ultimate Phase.
9/11/2017 AT
100%
complete for
Initial Phase
X
T-1
Transportation Management Plan. During final design,
the Riverside County Transportation Commission’s
(RCTC) Project Engineer direct a qualified traffic
engineer to prepare the Final Traffic Management Plan
(TMP), which will be based on the Preliminary TMP
developed for the Project Report, to address specific
short-term traffic impacts during construction of the
project. The objectives of the Final TMP are to: Maintain
traffic safety during construction Effectively maintain an
acceptable level of traffic flow throughout the
transportation system during construction Minimize traffic
delays and facilitate reduction of overall duration of
construction activities Minimize detours and impacts to
pedestrians and bicyclists Foster public awareness of the
project and related impacts Achieve public acceptance of
construction of the project and the Final TMP measures.
Final EIR/EIS RCTC/Design
Builder
Prior to
construction
TMP being implemented. Public
outreach plan being implemented.
RCTC and design builder hold
management of ramp closure study,
traffic and public outreach task force
meeting to deal with traffic
management issues.
Public outreach is documented in the
monthly Construction Progress
Report to RCTC.
Caltrans approved the September
2015 Ramp Closure Study October
16, 2015.
Amendment #1 to the Ramp Closure
8/1/15;
11/6/15
SB;
AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
Page 9-6
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
RCTC will submit the Final TMP to the California
Department of Transportation (Department) for review
and approval during final design and prior to any
construction activities.
The existing Preliminary TMP and Ramp Closure Study
contains the following elements intended to reduce
traveler delay and enhance traveler safety. These
elements will be refined during final design and
incorporated in the Final TMP for implementation during
project construction.
Public Information/Public Awareness Campaign (PAC).
The primary goal of the PAC is to educate motorists,
business owners/operators, residents, elected officials,
and government agencies about construction activities
and associated impacts. The PAC is an important tool for
reaching target audiences with important construction
project information and will include, but not be limited to:
Rideshare information Brochures and mailers Media
releases Paid advertising Public meetings Broadcast fax
and email services Telephone hotline Notification to
targeted groups Commercial traffic reporters/feeds
Project website Visual information Local cable television
and news Internet postings
Traveler Information Strategies. The effective
implementation of a traveler information system during
construction is crucial for enabling motorists to make
informed decisions about their travel plans and options
with real-time traffic information. That real-time traffic
information will include information on lane closures,
detours, delays, access to adjacent land uses,
“businesses are open” signing, and other signing and
information to assist travelers in navigating through and
in construction areas. Key components of this system will
include, but not be limited to: Fixed changeable message
signs Portable changeable message signs Ground-
mounted signs Automated work zone information
systems Highway advisory radio Lane closure website
Department highway information network Bicycle and
pedestrian information Commute Smart website
Incident Management. Effective incident management
will ensure that incidents in construction areas are
cleared quickly and do not lead to substantial delays for
the traveling public through work zones. Incident
management includes, but is not limited to: Construction
Study/Reval 24 approved on
08/29/16.
Amendment #2 to the Ramp Closure
Study/Reval 26 approved on
10/10/2016.
Page 9-7
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
Zone Enhanced Enforcement Program (COZEEP)
Freeway service patrol for construction Traffic
surveillance stations Transportation Management Center
Unit 370 Traffic management team Towing services
Construction Strategies. The Final TMP will include
procedures to lessen the effect of typical construction
activities and will include, but not be limited to,
consideration of the following: Conflicts with other
projects and special events Construction staging
alternatives Mainline lane closures Local road closures
Ramp/connector closures Pedestrian and bicycle detours
and facility closures Traffic control improvements
Coordination with other projects Project phasing Traffic
screens Truck traffic restrictions
Demand Management. Temporarily reducing the overall
traffic volumes on the project segments of State Route
91 (SR-91) and Interstate 15 (I-15) could reduce the
short-term adverse effects of construction on traffic
operations. The Final TMP will include, but not be limited
to, the following strategies that could reduce vehicular
demand in the study area during project construction:
Rideshare incentives Transit services Shuttle services
Variable work hours/telecommuting High-occupancy
vehicle (HOV) lanes/ramps Park-and-ride lots
Alternate Route Strategies. The Final TMP will provide
strategies for notifying motorists, pedestrians, and
bicyclists, especially interregional commuters, of planned
construction activities. This notification will allow
travelers to make informed decisions about their travel
plans, including the consideration of possible alternate
routes. The Final TMP will consider the development of
alternate routes for motorists to address the following:
Mainline lane closures Ramp/connector closures Local
road closures Temporary highway or shoulder use Local
street improvements Temporary detours and closures of
bicycle and pedestrian facilities Traffic signal
coordination
RCTC’s Resident Engineer will ensure that the measures
in the Final TMP are properly implemented by the
design/build contractor prior to and during construction.
T-2
Management of Ramp Closures. During final design,
RCTC’s Project Engineer will direct a qualified
environmental planner to develop the Final Ramp
Closure Study to address specific short-term impacts
Final EIR/EIS Design Builder Final design/
construction
Draft Ramp Closure Study completed
by Parsons Brinkerhoff in January of
2010, and is being utilized by the
Design Builder as final.
11/6/2016 AT
Overall 95%
Complete and
will remain so
until project
X
Page 9-8
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
associated with ramp closures longer than 10 days
during construction. The objectives of the Final Ramp
Closure Study will be to: Minimize inconvenience to the
traveling public.; Minimize closures.; Avoid or minimize
concurrently multiple closures where possible.;
Coordinate closures as needed with other projects and
activities. Prior to and during construction, RCTC's
Resident Engineer will ensure that the measures
included in the Final Ramp Closure Study are properly
implemented by the design/build contractor.
Per RCT-AWJ-LTR-0139, Caltrans
and RCTC granted the DB
permission to use the draft report
only if the DB provides a
memorandum stating that ramp
closures in the draft study will remain
unchanged. If any changes do occur,
the Design Builder will provide a new
Ramp Closure Study.
ReValidation 13 - Approved 7/6/15
Caltrans approved the September
2015 Ramp Closure Study October
16, 2015.
Amendment #1 to the Ramp Closure
Study/Reval 24 approved on
08/29/16.
Amendment #2 to the Ramp Closure
Study/Reval 26 approved on
10/10/2016.
completion;
however,
100%
complete for
Initial Phase
T-3
Fair Share Contributions. RCTC’s Project Manager will
ensure that RCTC pays the fair share contribution for the
project-related impacts at area intersections. Those fair
shares are shown by intersection in Table T-3.1. The
recommended improvements include additional turn and
through lanes. Summaries of the improved intersection
delays and levels of service (LOS) are provided in
Tables T-3.2, T-3.3, and T-3.4 for 2015 with the Initial
Phase of Alternative 2, Design Year 2035 with
Alternative 1, and Design Year 2035 with Alternative 2
conditions, respectively.
Final EIR/EIS RCTC During
Construction
For the initial phase, local street
improvements are included as part of
RFC plans. Co-op agreement with
the City of Corona, for project
improvements, has been executed.
11/16/17;
1/31/28
AT;
JLS
100%
complete for
Initial Phase
X
T-4
During final design, the RCTC Project Engineer will
ensure that the final design and project specifications for
the widened areas in the undercrossings on SR-91 and I-
15 include appropriate lighting for vehicles and
pedestrians. The RCTC Project Engineer will also
assess the need for additional lighting in the original
parts of the undercrossings in the event the longer
undercrossings result in the need for additional lighting in
Final EIR/EIS RCTC/Design
Builder
Final design/
construction
Lighting measures associated with
this commitment are incorporated in
all final design packages.
Coordination with the City of Corona
further supports compliance. On
2/3/17 Nelson confirmed all their
concerns regarding lighting at
2/3/17;
7/10/17
AT;
AT
100%
complete for
Initial Phase
X
Page 9-9
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
those areas. That additional lighting, if any, will also be
shown in the project specifications. The RCTC Project
Engineer will have any lighting considered at Coal
Canyon reviewed and approved by the Project Biologist
prior to incorporation in the project specifications to
ensure the lighting does not affect the use of Coal
Canyon as a wildlife crossing.
During construction, the RCTC Resident Engineer will
require the design/build contractor to implement the
lighting in undercrossings as shown in the project
specifications.
undercrossings have been resolved.
Additional lighting was installed at
both E. Grand and 91/71
undercrossings.
V-1
Structure Elements. To address adverse impacts of the
project structures, the Project Engineer will direct a
qualified landscape architect to ensure that the final
project design incorporates the mitigation and
minimization elements A–D, below, and that these
enhancements to structures are incorporated in the
design and construction of sound walls, retaining walls,
and bridge elements and will not be “follow-up”
enhancements. During construction, RCTC’s Resident
Engineer will ensure that the design/build contractor
constructs the retaining and sound walls, medians,
bridges, and other structures consistent with aesthetic
and design features included in the project
specifications. RCTC’s Resident Engineer will ensure
that those aesthetic and design features are constructed
during the construction phase when the impact occurs.
A. Sound walls in low-density, developed areas or those
fronting private property will be heavily textured (i.e. split-
face or fractured rib) and integrally colored to minimize
reflected glare and visual mass. Sound walls facing
public-use areas (parks, streets, etc.) will incorporate
textures and color as above plus site-specific aesthetic
features (local or historical references) to
minimize/mitigate impacts to community character and to
restore a “sense of place.” Specific color selection for
sound walls will be determined by the 215/91 Corridor
Master Plan.
B. Retaining walls (including walls associated with bridge
structures) will be heavily textured (i.e., split-face or
fractured rib) to minimize glare and visual mass.
Retaining walls facing public use areas (parks, streets,
etc.) over 9 feet (ft) high will be heavily textured (i.e.,
split-face or fractured rib) and include site-specific
Final EIR/EIS RCTC/Design
Builder
During
construction
Draft PALM approved in February
2015 and aesthetic concepts are
being implemented in Final Design
Plans.
Design packages approved as
follows:
Package A - 3/9/2015
Package B - 3/3/2015
Package C - 2/24/2015
Package D - 3/2/2015
Package E - 2/28/2015
Package F - 12/5/2014
Package G - 12/19/2014
Design packages final approvals:
Package A - 1/18/16
Package B - 5/16/17
Package C - 5/17/17
Package D - 5/17/17
Package E - 5/17/17
Package F - 5/18/17
Package G - 5/18/17
Vines were incorporated where
possible - Wall M-1a on Frontage
Road and Wall W-1 at the Main
Street eastbound on-ramp.
Vines were not possible at all sound
wall locations because :
1. Paving associated with the wall,
either the wall was sitting above a
2/9/2017 AT
Overall 90%
Complete;
however,
100%
complete for
Initial Phase
X
Page 9-10
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
aesthetic features (local or historical references). Color
(integral or applied) is not required for retaining walls.
C. In addition to texture and color as described in A and
B, above, sound walls and retaining walls with low-
density development or recreational viewer groups will
include planting of trees or trees and shrubs, and vines
at the base of the walls (non-motorist side) to minimize
loss of visual unity. Plantings will be local native species
or ornamental species that require no irrigation after
establishment. These plantings will not require
permanent irrigation.
D. Slope paving in all areas with bicyclist and pedestrian
viewers will include texture (i.e. stamped slate). In urban
areas, slope paving will direct a qualified landscape
architect to incorporate site-specific aesthetic features in
addition to texture. Texture and pattern will be used to
minimize the visual impacts of increased hard surface,
and reinforce community identify, offsetting reduced
community connectivity associated with increased bridge
widths.
retaining wall, barrier, or adjacent to
paving.
2. Lack of maintenance access,
mostly to the back side of walls that
were on grade.
3. Inability to get irrigation to the
walls (along the properties along the
Frontage Road).
4. Other project structures interfered
with the planting area.
Reval 29 approved 12/14/2017
V-2
Highway Planting: RCTC’s Project Engineer will direct a
qualified landscape architect to ensure that replacement
planting to mitigate the loss of existing landscaping is
included in the final design. Replacement planting will be
funded with the project’s construction and will include no
less than 3 years of plant establishment. All planting
must be reviewed and approved by the Caltrans District
8 Landscape Architect.
RCTC’s Project Engineer will ensure that the
replacement planting is under construction within 2 years
of acceptance of the highway contract that damaged or
removed the existing planting.
RCTC’s Project Engineer will direct a qualified landscape
architect to ensure the project plans show that where
plantable right-of-way is reduced (as at Main Street),
replacement planting will be trees, shrubs, vines, ground
cover, permanent irrigation, and enhanced structural
elements. Enhanced structural elements will minimize
the impact of reduced planting areas. Enhanced
structural elements will include enhanced pedestrian
facilities (such as pavement treatments, graphics, or
above-standard decorative pedestrian lighting) and may
incorporate community entry features into the structures.
Final EIR/EIS Design Builder During
construction
Draft PALM approved by RCTC in
February 2015. Design plans include
highway replacement planting.
Additional aesthetic structural
features are being added to project
areas where plantable right of way is
reduced (Corona gateway areas).
Trees will be planted after
landscaping plans are approved.
Design packages final approvals:
Package A - 1/18/16
Package B - 5/16/17
Package C - 5/17/17
Package D - 5/17/17
Package E - 5/17/17
Package F - 5/18/17
Package G - 5/18/17
5/22/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
Page 9-11
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
RCTC’s Project Engineer will direct a qualified landscape
architect to ensure that the project plans show that
where plantable right-of-way is eliminated (as at
residential areas on both sides of State Route 91 [SR-91]
between just east of Lincoln Boulevard to approximately
400 ft west of East Grand Boulevard), the loss will be
mitigated by off-site planting. Planting of street trees or
other approved planting such as vines with permanent
irrigation in City right-of-way such as at the base of
retaining walls at Bollero Place and the 600 to 700 block
of West Second Street will minimize the loss of existing
landscape. The off-site tree planting will minimize the
visual presence of the widened adjacent mainline.
Replacement of existing trees by new street trees will be
at a 1:1 (new tree to existing tree) ratio. To minimize the
visual loss of the mature existing trees, these
mitigating/replacement street trees will be planted at no
less than 36 in box size.
RCTC’s Project Engineer will direct a qualified landscape
architect to ensure that where plantable right-of-way is
eliminated without the prospect of site-adjacent
mitigation (as at the industrial areas just east of East
Grand Boulevard or the above residential areas if street
planting is not accepted by the City), the loss will be
mitigated by planting within the project limits. This
planting will be at a 4:1 (new tree to existing tree) ratio. If
vehicle recovery distances prohibit tree planting in any
selected area, mitigation planting may be achieved at a
ratio of 10 new shrubs to 1 existing tree. For this
mitigation planting, all trees will be no less than 15-gallon
size and all shrubs will be no less than 5-gallon size.
RCTC’s Project Engineer will direct a qualified landscape
architect to ensure that the project plans show that all
mitigation planting within the State right-of-way, where
appropriate, will include native tree, shrub, and vine
species, and include temporary irrigation for
establishment. Replacement planting will include
permanent irrigation. The Project Engineer will refer to
the Project Development Procedures Manual (PDPM) for
the California Department of Transportation’s
(Department) policy regarding planting, and Measures V-
2 and V-3 above.
RCTC’s Resident Engineer will ensure that the
design/build contractor properly implements the
Page 9-12
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
landscaping and structural treatment components
described in Measures V-1 through V-4.
V-3
Light and Glare. To reduce glare, RCTC’s Project
Engineer will ensure that the project plans specify
lighting fixtures with non-glare hoods and that lighting is
designed to illuminate only the right-of-way. The lighting
plans will require the review and approval of the
Department and applicable cities and counties before
construction to assure compliance with their applicable
policies regarding public street lighting. RCTC’s Project
Engineer will coordinate with the City of Corona and
other applicable cities and counties to ensure that
sufficient lighting is provided as part of the improvements
to local streets within the project limits, consistent with
applicable local policies and street lighting codes.
Increased glare from walls, structures and pavement will
be minimized by measures identified in V-2 and V-3.
RCTC’s Resident Engineer will ensure that the project
lighting plan included in the project specifications is
implemented by the design/build contractor during
construction.
Final EIR/EIS Design Builder During
construction
Final design plans include
placement/specifications of lighting
that is compliant Caltrans and local
standards/policies.
Approved as of April 2015 as part of
RFC packages.
12/1/2016 AT
100%
complete for
Initial Phase
X
V-4
Graffiti Reduction, Removal and Control. During final
design, the RCTC Project Engineer will incorporate vine
planting on all sound barriers in the project specifications
to reduce the potential for graffiti and to soften the
appearance of those walls, consistent with the Highway
Design Manual, Index 902.3(5). After the construction of
each sound barrier, the RCTC Resident Engineer will
require the design/build contractor to install vine planting
consistent with the project specifications and the planting
requirements in Measure V-3.
The Department and the City of Corona have existing
ongoing maintenance programs for the control and
removal of graffiti. Those programs would apply to all
new and modified structures in Alternatives 1 and 2, on
public and private property, as appropriate. Key
components of those programs are: Department
Program. Chapter D1, Litter, Debris, and Graffiti (July
2006), in the Caltrans Maintenance Manual (Volume I,
January 2011) describes the Department’s maintenance
program for the control and removal of graffiti. Key
program components applicable to the project features in
Alternatives 1 and 2 are: Use of recycled paint for
Final EIR/EIS Design
Builder/RCTC
Final design/
construction
PALM approved on February 2015.
Design Builder including plantings on
sound walls as part of Landscape
Plans.
Vines were incorporated where
possible - Wall M-1a on Frontage
Road and Wall W-1 at the Main
Street eastbound on-ramp.
Vines were not possible at all sound
wall locations because :
1. Paving associated with the wall,
either the wall was sitting above a
retaining wall, barrier, or adjacent to
paving.
2. Lack of maintenance access,
mostly to the back side of walls that
were on grade.
3. Inability to get irrigation to the
walls (along the properties along the
Frontage Road).
8/25/17;
9/15/17;
12/14/17
AT;
AT;
JLS
100%
complete for
Initial Phase
X
Page 9-13
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
various structures and matching paint used to cover
graffiti with the original paint color on the structure. Use
of physical devices such as rat guards, sign hoods, razor
wire, and glare screen patches to limit access to facilities
targeted by taggers. Replacement of ground-mounted
signs with signs that have protective coatings or
application of protective coatings to signs. City of Corona
Program. Chapter 9.30, Graffiti Abatement Procedure, in
the Corona Municipal Code, describes the City’s
procedures related to the prohibition of graffiti in the City
and the graffiti removal process. Methods for the removal
of graffiti include power washing, gel removers, and
painting.
4. Other project structures interfered
with the planting area.
Revalidation 29 approved
12/14/2017
V-5
Construction Plan. To address adverse impacts
associated with views of construction access and staging
areas, the Riverside County Transportation
Commission’s (RCTC) Resident Engineer will require the
design/build contractor to construct the project in
accordance with California Department of Transportation
(Caltrans) Standard Construction Specifications,
including appropriate measures to address visual
impacts during construction.
Final EIR/EIS RCTC/Design
Builder
During
construction
Visual mitigation measures are being
implemented, and will continue to be
implemented until project completion.
12/1/2016 AT
100%
complete for
Initial Phase
X
CR-1
Replacement of Trees in the Grand Boulevard Historic
District. The requirements of Measure V-3 related to
highway planting would apply to the replacement of the
18 trees in the Grand Boulevard Historic District. In
addition, the following will be implemented during the
design/build phase regarding the removal and
replacement of the 18 trees in the Grand Boulevard
Historic District: The RCTC Project Engineer will require
the design/build contractor to replace all trees removed
from the Historic District at a ratio of 1:1. The RCTC
Project Engineer will require the design/build contractor
to install replacement trees that are compatible with the
existing plantings in the Grand Boulevard Historic District
and with the overall character of the Historic District, and
that the replacement trees be identified in consultation
with the City of Corona, the California Department of
Transportation (Department) District Landscape
Architect, and a Professional Qualified Staff Architectural
Historian from the District. The RCTC Project Engineer
will require the construction contractor to install all
replacement trees no later than the completion of
Final EIR/EIS RCTC Final design/
construction
23 trees have been identified as
contributing to the historic district that
will be replaced per coordination with
City of Corona and as applicable
RCTC and Caltrans. June 2014
memo and location map satisfactorily
documents which trees will be
removed. Coordination will occur for
identifying location and type of
replacement trees within City of
Corona ROW. Additional trees were
removed due to design change and
utility relocations.
Two queen palms have been added
(May 2017) to the Package E plan
set.
Three California Fan Palms were
added to the Historic District to
complete replacement requirements.
5/19/17;
9/12/17;
10/6/17
AT;
AT;
AT
100%
complete for
Initial Phase
X
Page 9-14
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
construction activities in the Grand Boulevard Historic
District.
To meet the City's/Historical
Society's request for larger trees,
RCTC directed 20-25' of clear brown
trunk to be planted on E. Grand Ave,
between 2nd and 3rd Street.
The three additional trees were
planted 9/27/17.
CR-2
Discovery of Cultural Materials. If cultural materials are
discovered during construction, the RCTC Project
Engineer will require the design/build contractor to divert
all earthmoving activity within and around the immediate
discovery area until a qualified archaeologist can assess
the nature and significance of the find.
Final EIR/EIS RCTC During
construction
Currently being implemented for pre-
construction ground disturbance
activities.
11/3/2016 AT
100%
complete for
Initial Phase
X
CR-3
Discovery of Human Remains. If human remains are
discovered during construction, State Health and Safety
Code Section 7050.5 states that further disturbances and
activities shall cease in any area or nearby area
suspected to overlie remains and the County Coroner
shall be contacted. Pursuant to Public Resources Code
(PRC) Section 5097.98, if the remains are thought to be
Native American, the Coroner will notify the Native
American Heritage Commission (NAHC), which will then
notify the Most Likely Descendant (MLD). At that time,
the Department’s District 8 Environmental Branch Chief
or the District 8 Native American Coordinator (Gary
Jones, [909] 383-7505) will be contacted so they may
work with the MLD on the respectful treatment and
disposition of the remains. Further provisions of PRC
5097.98 are to be followed as applicable.
Final EIR/EIS RCTC/Design
Builder
During
construction
To date, human remains have not
been encountered on the project site.11/3/2016 AT
100%
complete for
Initial Phase
X
CR-4
During final design, the RCTC Project Manager and
Department Cultural 1) Resources Professionally
Qualified Staff will coordinate with representatives from
the Pechanga Band of Mission Indians to identify areas
in the project disturbance limits considered sensitive to
the Tribe. 2) During final design, the RCTC Project
Engineer will identify on the project plans all areas that
require monitoring by a Native American Monitor during
site preparation, disturbance, and grading. 3) During all
site preparation, disturbance, and grading, the RCTC
Resident Engineer will require the design/build contractor
to have a Native American monitor present and
conducting monitoring activities in all areas identified by
Final EIR/EIS RCTC/Design
Builder Final design
At the June 2014 Environmental
Task Force it was identified that
Pechanga lands were outside of the
project area. No monitoring is
necessary.
8/1/2015 SB
100%
complete for
Initial Phase
X
Page 9-15
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
the Pechanga Band of Mission Indians as sensitive, as
shown in the project specifications.
CR-5
Condition for the Grand Boulevard Historic District:
Acorn-Style Streetlights. The following condition will be
implemented during the project design/build phase
regarding the removal, temporary storage, and relocation
of up to seven existing acorn-style streetlights within the
project disturbance limits in the Grand Boulevard Historic
District:
- The Riverside County Transportation Commission
(RCTC) Project Engineer will require the design/build
contractor to clearly indicate on the final plans the
locations of up to seven acorn-style streetlights in the
project disturbance limits that are to be removed at the
beginning of construction in those areas and to identify
the locations where the removed streetlights would be
reinstalled.
- The RCTC Resident Engineer will require the
design/build contractor to remove and, as necessary,
dismantle the affected acorn-style streetlights and to
place them in containers appropriate for storing those
fixtures during the project construction period.
- The RCTC Resident Engineer will require the
design/build contractor to store the containers holding
the acorn-style streetlights in a secure location protected
from public access and weather.
- The RCTC Project Engineer will require the
design/build contractor to verify that the locations
identified for the reinstallation of the affected streetlights
are acceptable to the City of Corona and consistent with
the City’s requirements for the siting of streetlights.
- The RCTC Resident Engineer will require the
design/build contractor to reinstall the acorn-style
streetlights at the locations designated in the final plans
when no further construction/disruption will occur at
those locations, as follows:
- The streetlights will be reinstalled as close to their
original locations as possible, based on the project
design and available space, in a manner consistent with
the other acorn-style streetlights in the Grand Boulevard
Historic District and with the City of Corona requirements
for the siting of streetlights.
- If any of the acorn-style streetlights cannot be
reinstalled at or near their original locations, they will be
Final EIR/EIS Design Builder Final design/
construction
During July 2014, ten (10) acorn-
style street lights were satisfactorily
removed from within the planned
project limits. AWJV is storing 5
poles and has transferred 5 poles to
City of Corona. Documentation is on
file for compliance verification with
this portion of this measure.
On October 29, 2015 Andrew
Walters, Caltrans Principal
Architectural Historian, approved the
Acorn-Style Decorative Light Design
Plan.
As of Dec. 2016, 5 poles had been
re-installed. The City will return the
remaining 5 poles and direct location
for RCTC/Contractor to install.
Acorn-style light replicas (5) were
installed at the East Grand Ave
undercrossing the first week of July
2017. On 7/7/17, a site visit with
Andrew Walters was performed. On
7/18/17 an e-mail addressed to
Andrew Walters was sent to
document the installation and
location of those lights.
2/3/17;
7/31/17
AT;
AT
100%
complete for
Initial Phase
X
Page 9-16
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
reinstalled elsewhere within the boundaries of the Grand
Boulevard Historic District, focusing on locations where
acorn-style lights have previously been removed as long
as those locations are consistent with the historic spatial
relationships of the Historic District and with the City of
Corona requirements for the siting of streetlights; and
- If the lights cannot be reinstalled as described above,
the RCTC Project Engineer will consult with the City of
Corona to identify alternative locations.
- The RCTC Resident Engineer will require the
construction contractor to have an architectural historian
on site during the removal, dismantling, and reinstallation
of the acorn-style streetlights
WQ-1
Prior to and during construction, Riverside County
Transportation Commission’s (RCTC) Resident Engineer
will require the design/build contractor to comply with the
provisions of the National Pollutant Discharge
Elimination System (NPDES) General Permit for Storm
Water Discharges Associated with Construction and
Land Disturbance Activities (Order No. 2009-0009-DWQ,
NPDES No. CAS000002), and any subsequent permit,
as they relate to the project construction activities. This
will include submission of the Permit Registration
Documents, including a Notice of Intent (NOI), risk
assessment, site map, Storm Water Pollution Prevention
Plan (SWPPP), annual fee, and signed certification
statement to the State Water Resources Control Board
(SWRCB) at least 14 days prior to the start of
construction activity. The SWPPP will meet the
requirements of the Construction General Permit and will
identify potential pollutant sources associated with
construction activities; identify non-storm water
discharges; develop a water quality monitoring and
sampling plan; and identify, implement, and maintain
best management practices (BMPs) to reduce or
eliminate pollutants associated with the construction site.
The BMPs identified in the SWPPP will be implemented
during project construction. A Notice of Termination
(NOT) will be submitted to the SWRCB on the
completion of construction and the stabilization of the
site. RCTC’s Resident Engineer will also require the
design/build contractor to implement SWRCB Resolution
No. 2001-046 requiring sampling and analysis during
project construction.
Final EIR/EIS RCTC
Prior to
construction;
during
construction
SWPPP completed in November
2013 and NOI sent to RWQCB in
December 2013. Design Builder
implementing BMP and completing
reporting as needed.
NOI Approval received 11/25/13
1/2/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
Page 9-17
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
WQ-2
Prior to and during construction, RCTC’s Resident
Engineer will require the design/build contractor to
comply with the provisions of the General Waste
Discharge Requirements for Discharges to Surface
Waters that Pose an Insignificant (De Minimums) Threat
to Water Quality, Order No. R8-2009-0003, NPDES No.
CAG998001, as they relate to discharge of non-storm-
water dewatering wastes for the project. This will include
submitting to the Santa Ana Regional Water Quality
Control Board (RWQCB) an NOI at least 60 days prior to
the start of construction, notification of discharge at least
5 days prior to any planned discharges, and monitoring
reports by the 30th day of each month following the
monitoring period.
Final EIR/EIS RCTC/Design
Builder
Prior to
construction;
during
construction
8/10/2015 SB
100%
complete for
Initial Phase
X
WQ-3
Prior to dewatering activities, RCTC’s Resident Engineer
will provide the design/build contractor with a copy of the
discharge authorization letter issued by the RWQCB
Executive Director.
Final EIR/EIS RCTC Prior to
construction 9/30/2016 AT
100%
complete for
Initial Phase
X
WQ-4
Prior to and during construction, RCTC’s Resident
Engineer will require the design/build contractor to follow
the procedures outlined in the California Department of
Transportation (Caltrans) Storm Water Quality
Handbooks, Project Planning and Design Guide (July
2010 or subsequent issuance) for implementing Design
Pollution Prevention and Treatment BMPs for the project.
This will include coordination with the Santa Ana
RWQCB with respect to the feasibility, maintenance, and
monitoring of Treatment BMPs as set forth in the
Department’s Statewide Storm Water Management Plan
(SWMP, May 2003 or subsequent issuance).
RCTC’s Resident Engineer will also require the
design/build contractor to comply with other provisions
identified in the NPDES Permit, Statewide Storm Water
Permit, and Waste Discharge Requirements for the State
of California, Department of Transportation (Order No.
99-06-DWQ, NPDES No. CAS000003).
RCTC’s Resident Engineer will also require the
design/build contractor to comply with other provisions
identified in the NPDES Permit and Waste Discharge
Requirements for the Riverside County Flood Control
and Water Conservation District, the County of
Final EIR/EIS Design Builder
Prior to
construction;
during
construction
Permanent Stormwater BMPs are
included as part of the Final Design
Plans. RFC packages were
completed by April 2015.
1/2/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
Page 9-18
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
Riverside, and the incorporated cities of Riverside
County within the Santa Ana Region (Order No. R8-
2010-0033, NPDES No. CAS618033); and for the
County of Orange, Orange County Flood Control District,
and the incorporated cities of Orange County within the
Santa Ana Region (Order No. R8-2009-0030), as
applicable.
GEO-1
During final design, the Riverside County Transportation
Commission’s (RCTC) Project Engineer or a Project
Geotechnical Engineer or Project Geologist under
contract to RCTC will prepare a design-level
geotechnical report. This report will document soil-
related constraints and hazards such as slope instability,
settlement, liquefaction, or related secondary seismic
impacts that may be present along the project segments
of State Route 91 (SR-91) and Interstate 15 (I-15). This
report will require review and approval by the California
Department of Transportation (Department). The
performance standard for this report will be the
geotechnical design standards of the State of California
and the Department, as they apply to the project features
and structures. RCTC will submit the design-level
geotechnical report to the Department for review and
approval during final design. The report will include but
not be limited to: Evaluation of expansive soils and
recommendations regarding construction procedures
and/or design criteria to minimize the effect of these soils
on the construction of the project and to minimize effects
related to expansive soils on project facilities in the long
term. Identification of potential liquefiable areas within
the project limits and recommendations for mitigation.
Evaluation of the corrosion potential of soils along those
segments of the project alignment not previously tested
(i.e., areas along I-15 and the westbound side of SR-91).
Demonstration that no retaining walls or excavations will
occur in the existing landslide areas, or that landslide
stabilization measures independent of the retaining wall
design are included in the final project design.
Demonstration that the design of all retaining walls is
geotechnically suitable for project area soils, and
verification that project design has considered and
addressed the possibility of scour associated with the
Santa Ana River. Demonstration that side slopes can be
designed and graded so that surface erosion of the
Final EIR/EIS Design Builder Final design
Geotechnical Execution Plan
prepared by DB and approved
11/12/2014. Design level
geotechnical reports have been
prepared for bridges, walls, and
roadway packages by the Design
Builder Geotechnical Engineer.
9/30/2016 AT
100%
complete for
Initial Phase
X
Page 9-19
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
engineered fill is not increased compared to existing,
natural conditions. RCTC's Project Engineer will
incorporate the measures recommended in the design-
level geotechnical report in the final design and project
specifications.
RCTC’s Resident Engineer will require the design/build
contractor to implement the measures recommended in
the design-level geotechnical report as included in the
project specifications.
GEO-2
RCTC’s Resident Engineer will maintain a quality
assurance/quality control plan during construction. The
plan will include observing, monitoring, and testing by the
Project Geotechnical Engineer and/or the Project
Geologist under contract to RCTC prior to and during
construction to confirm that the geotechnical/geologic
recommendations from the design-level geotechnical
report and standard design and construction practices
are fulfilled by the design/build contractor, or if different
site conditions are encountered, appropriate changes are
made to accommodate such issues. The geotechnical
engineer will submit weekly reports to RCTC and the
Department during all project-related grading,
excavation, and construction activities.
Final EIR/EIS Design Builder During
construction
A Quality Management Plan has
been prepared and approved by
RCTC on October 17, 2013.
Amendments are completed on an
ongoing basis.
10/9/2017 AT
100%
complete for
Initial Phase
X
GEO-3
During final design, if blasting is required, RCTC’s
Project Engineer will require the design/build contractor
to prepare a blasting plan to minimize potential hazards
related to blasting activities. The blasting plan will
address all applicable standards in accordance with the
United States Department of the Interior, Office of
Surface Mining. The issues to be addressed in the
blasting plan will include, but are not limited to, the
following: hours of blasting activity, notification to
adjacent property owners, noise and vibration, and dust
control. RCTC’s Resident Engineer will require the
design/build contractor to implement the blasting plan
prior to and during any blasting during construction.
Final EIR/EIS Design Builder Final design No blasting is required for the
project.8/1/2015 SB
100%
complete for
Initial Phase
X
PAL-1
Following preparation of suitable construction drawings
and elevations and during final design, the Riverside
County Transportation Commission’s (RCTC) Project
Engineer will require the Designated Principal
Paleontologist under contract to RCTC to prepare a
Paleontological Mitigation Plan (PMP). The PMP will
provide guidance for developing and implementing
Final EIR/EIS RCTC/Design
Builder
Final design/
construction
Paleontological Resource
Monitoring/Mitigation Plan approved
July 3, 2014.8/1/2015 SB
100%
complete for
Initial Phase
X
Page 9-20
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
paleontological mitigation efforts, including field work,
laboratory methods, and curation. This PMP will be
consistent with guidelines provided in the Department’s
Standard Environmental Reference (SER),
Environmental Handbook, Volume I, Chapter 8,
Paleontology, the Counties of Riverside and Orange, and
the Society of Vertebrate Paleontology (SVP), and will be
specifically tailored to the resources and sedimentary
formations in the disturbance limits.
The part of the PMP that covers excavation will include
but not be limited to:
Prior to any ground disturbance, RCTC’s Designated
Principal Paleontologist or his/her representative will
attend a meeting with the design/build contractor to
explain the likelihood for encountering paleontological
resources during construction, what resources may be
discovered, and the methods that will be employed if
anything is discovered.
PAL-1
(cont'd)
RCTC’s Principal Paleontologist will conduct a
preconstruction field survey in areas identified as having
high paleontological sensitivity after vegetation and any
pavement are removed, followed by salvage of any
observed surface paleontological resources prior to the
beginning of additional ground-disturbing activities. The
survey will be conducted by the Principal Paleontologist
or their representative who is qualified to identify
vertebrate, invertebrate, and plant fossils.
During ground disturbance, grading, and excavation,
RCTC’s Project Engineer will require the design/build
contractor to retain a Principal Paleontologist. The
Principal Paleontologist will provide a Paleontological
Monitor who is qualified to recognize and professionally
collect vertebrate, invertebrate, and plant fossils. The
qualified Paleontological Monitor will initially be present
on site on a full-time basis whenever these types of
construction activities occur in sediments that have a
high paleontological sensitivity rating and also on a spot-
check basis in sediments that have a low sensitivity
rating. Monitoring may be reduced to a part-time basis if
no resources are being discovered in sediments with a
high sensitivity rating. Any reduction or modification in
scheduling of monitoring will be determined by the
Principal Paleontologist and RCTC’s Resident Engineer.
Final EIR/EIS Design Builder Prior to
construction
Principal Paleontologist, Joe Stewart,
was retained. His contact information
is:
URS Corporation
999 Town and Country Road
Orange, CA 92868
(626) 710-7817
Fossil Discovery #1
Area 3, USACE Lic 3 cut slope -
fossil discovery and recovery. August
24 through September 6, 2014.
Discovery comprised three
vertebrae, three ribs, and small
portion of skull of a bison. Material
exposed and covered with plaster
cast and removed from the cut slope.
Specimens were retrieved from
RCTC in April 2017 by Principal
Paleontologist for preparation.
The Paleontological Mitigation
Report: SR-91 CIP, Section 3
discusses how the requirements
contained in this measure were met.
10/3/17;
10/17/17
AT;
AT
100%
complete for
Initial Phase
X
Page 9-21
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
The qualified Paleontological Monitor will inspect fresh
cuts and/or spoils piles to recover paleontological
resources. That monitor will be empowered to
temporarily divert construction equipment away from the
immediate area of the discovery. The monitor will be
equipped to rapidly stabilize and remove fossils to avoid
prolonged delays to construction schedules.
Paleontological Mitigation Report
was submitted to Caltrans 10/4/17.
Concurrence was received on
10/17/17 (from both Marie Petry and
Bahram Karimi)
PAL-1
(cont'd)
If large mammal fossils or large concentrations of fossils
are encountered, RCTC’s Resident Engineer will require
the design/build contractor to make heavy equipment
available to assist in the removal and collection of large
materials.
Localized concentrations of small (or micro-) vertebrates
may be found in all native sediments. Therefore, the
qualified Paleontological Monitor will occasionally spot-
screen native sediments through one-eighth- to one-
twentieth-inch mesh screens to determine whether
microfossils are present. If microfossils are encountered,
a standard sediment sample (up to 3 cubic yards or
6,000 pounds) will be collected and processed through
one-twentieth-inch mesh screens to recover additional
fossils. Processing of large bulk samples is best
accomplished at a designated location within the project
limits that will be accessible throughout the duration of
construction but will also be away from any cut or fill
areas or active construction areas. Processing is usually
completed concurrently with construction and with the
intent to have all processing completed before, or just
after, project completion. A small corner of a staging or
equipment parking area is an ideal location for this
activity. If water is not available, the location should be
accessible for a water truck to occasionally fill containers
with water.
Final EIR/EIS Design Builder During
construction
Equipment and resources were
made available to assist in the
removal of resources.
Area 3, USACE Lic 3 cut slope -
fossil discovery and recovery. August
24 through September 6, 2014.
Discovery comprised three
vertebrae, three ribs, and small
portion of skull of a bison. Material
exposed and covered with plaster
cast and removed from the cut slope.
The Paleontological Mitigation
Report: SR-91 CIP, Section 6
discusses how the requirements
contained in this measure were met.
Paleontological Mitigation Report
was submitted to Caltrans 10/4/17.
Concurrence was received on
10/17/17 (from both Marie Petry and
Bahram Karimi)
10/3/17;
10/17/17
AT;
AT
100%
complete for
Initial Phase
X
PAL-1 5th
sub-point
RCTC’s Project Engineer will require the Principal
Paleontologist or their representative to prepare any
recovered specimens to the point of identification and
permanent preservation. This includes sorting any
washed mass samples to recover small invertebrate and
vertebrate fossils, the removal of surplus sediment from
around larger specimens to reduce the volume of
storage for the repository and storage cost, and the
addition of approved chemical hardeners/stabilizers to
fragile specimens. This is best accomplished at a
Final EIR/EIS RCTC During
construction
Paleontologist to prepare specimen
prior to curation in museum -
Western Science Center in Hemet,
CA.
Specimens were obtained from
RCTC in April 2017 by Principal
Paleontologist for preparation.
Preparation was completed in
September of 2017 and processing
10/4/17;
10/17/17
AT;
AT
100%
complete for
Initial Phase
X
Page 9-22
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
designated laboratory with access to fossil preparation
tools, magnifying equipment, storage boxes and vials,
and chemical hardeners. Processing of fossils through
the lab is best accomplished concurrently with
construction, especially if numerous fossils are being
collected.
of the deed of gift began in October
of 2017.
Paleontological Mitigation Report
was submitted to Caltrans 10/4/17.
Concurrence was received on
10/17/17 (from both Marie Petry and
Bahram Karimi)
PAL-1 6th
sub-point
Specimens will be identified to the lowest taxonomic
level possible and curated into an institutional repository
with retrievable storage. Repository institutions usually
charge a one-time fee based on volume, so removing
surplus sediment is important. The repository institution
may be a local museum or university that has a curator
who can retrieve the specimens on request. RCTC’s
Project Manager and the California Department of
Transportation (Department) will require that a draft
curation agreement be in place between the Principal
Paleontologist and an approved curation facility prior to
the initiation of paleontological monitoring and mitigation
activities for the project. RCTC’s Resident Engineer will
require the design/build contractor to comply with the
provisions of the PMP during all ground disturbance,
grading, and excavation activities. This will include
appropriate coordination with RCTC’s Designated
Principal Paleontologist and the provision of qualified
paleontological monitors consistent with the provisions of
the PMP.
After the completion of all ground disturbance and
grading, RCTC’s Project Manager will require the
design/build contractor to have the design/build
contractor’s Designated Principal Paleontologist to
prepare a Final Paleontological Mitigation Report (PMR)
that summarizes the project area investigated, the field
and laboratory methods used, the stratigraphic units
inspected, the types of fossils recovered, and the
scientific significance of the curated collection. RCTC’s
Project Manager will retain a copy of the report for the
RCTC project files and will provide a copy of the report to
the Department.
Final EIR/EIS RCTC/Design
Builder
During
construction
Specimens were obtained from
RCTC in April 2017 by Principal
Paleontologist for preparation.
Curation Agreement with the Hemet
Western Science Center and Deed of
Gift were signed by Caltrans
(Bahram Karimi) on July 17, 2017.
Preparation was completed in
September of 2017 and processing
of the deed of gift began in October
of 2017.
Paleontological Mitigation Report
was submitted to Caltrans 10/4/17.
Concurrence was received on
10/17/17 (from both Marie Petry and
Bahram Karimi)
10/4/17;
10/17/17
AT;
AT
100%
complete for
Initial Phase
X
HW-1 First
Sub-point
A Phase I ESA was conducted for the Mobil No. 18-FLM
site (616 Paseo Grande Street, Corona, California), and
a Phase I ESA and Phase II Site Investigation were
Final EIR/EIS Design Builder
Final design;
prior to
disturbance
Additional investigation completed.
The Mobile No. 18-FLM site memo
revised on November 2014 is in
9/13/2017 AT
100%
complete for
Initial Phase
X
Page 9-23
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
conducted for the Honda Cars of Corona site (231 South
Lincoln Avenue, Corona, California) as part of the DSI, in
accordance with ASTM Standard E 1527-05. The DSI
identified Recognized Environmental Conditions (RECs)
associated with on-site releases. Based on the results of
the DSI, the following measures will be implemented for
these two sites of potential environmental concern:
Honda Cars of Corona Site: During final design and prior
to any ground disturbance, RCTC’s Resident Engineer
will require the design/build contractor to consult with
regulators, confirm that the final confirmation sampling
has been completed at the site, and that contaminant
investigation for the site has received regulatory site
closure. In addition, prior to the completion of final
design, the RCTC Resident Engineer will require the
design build/build contractor to properly abandon all
monitoring wells and vapor extraction wells on the site in
accordance with regulatory requirements.
compliance with measure HW-1.
Honda Cars of Corona: approved
July 2014.
Mobil Site: approved December
2014. Recommendations provided
on managing of hazardous waste
soil.
Attachments 3 & 6 of Final Draft
06.17.14 document coordination with
agencies and closure/well-
abondenment in accordance with
regulatory requirements.
HW-1 Second
Sub-point
Mobil No. 18-FLM Site: During final design and prior to
any ground disturbance, RCTC’s Resident Engineer will
require the design/build contractor to conduct further
investigation on contaminants in soils on site after a work
plan is prepared and additional information is available.
Final EIR/EIS RCTC
Final design;
prior to
disturbance
Additional investigation completed.
Mobil Site: approved December
2014. Recommendations provided
on managing of hazardous waste
soil.
2/3/2017 AT
100%
complete for
Initial Phase
X
HW-2
During final design and prior to any ground disturbance
activities, RCTC’s Resident Engineer will require the
design/build contractor to conduct site investigations for
any new release sites that are within the project right-of-
way. RCTC’s Resident Engineer will require the
design/build contractor to conduct these site
investigations in compliance with applicable federal,
State, and local regulations and in accordance with
ASTM Standard E 1527-05. If contaminants are
determined to be present during the site investigation,
RCTC’s Resident Engineer may require the design/build
contractor to prepare one or more of the following
specialized reports: Remedial Actions Options Report,
Sensitive Receptor Survey, Human Health/Ecological
Risk Assessment, and/or Quarterly Monitoring Report.
Final EIR/EIS Design Builder
Final design;
prior to
disturbance
11/1/2016 AT
100%
complete for
Initial Phase
X
HW-3
During final design and prior to any ground disturbance
activities, RCTC’s Resident Engineer will require the
design/build contractor to conduct an aerially deposited
lead (ADL) study for soil if excavation will exceed 3 feet
(ft) below ground surface (bgs) in unpaved locations
Final EIR/EIS Design Builder
Final design;
prior to
disturbance
At the June 2014 Environmental
Task Force it was identified that
Pechanga lands were outside of the
project area. No monitoring is
necessary.
100%
complete for
Initial Phase
X
Page 9-24
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
adjacent to the State right-of-way between Gypsum
Canyon Road and Magnolia Avenue, or 5 ft bgs in
unpaved locations in areas where there would be fiber-
optic signage along eastbound State Route 91 (SR-91)
starting east of the Weir Canyon Road undercrossing
and extending east of the Gypsum Canyon Road
undercrossing.
During construction, if soils within the project disturbance
limits along SR-91 are removed off site, RCTC’s
Resident Engineer will require the design/build contractor
to treat the soils as State hazardous waste and to
properly dispose of those soils at an appropriate State-
certified landfill facility. In addition, during construction,
RCTC’s Resident Engineer will require the design/build
contractor to test all soils imported on site as fill. RCTC’s
Resident Engineer will require the design/build contractor
to use only clean soils as imported fill on site.
Information to DTSC, including the
excavation and transportation plan,
has been forwarded. E-mail
correspondence dated 2/23/2018 (91
CIP - ADL ECR) reconfirms measure
compliance has been completed.
HW-4
1. Predemolition asbestos and/or LBP surveys were
conducted for 21 road structures that will be renovated or
demolished during project construction.Final EIR/EIS Design Builder Prior to
construction
Surveys were completed as part of
the Final environmental documents.
Additional hazards testing was
conducted for Temescal Wash
Bridge and East 6th Street
Undercrossing. Leighton Report
completed.
2/23/2017 AT
100%
complete for
Initial Phase
X
HW-4
2. Based on the results of the ACM surveys of the 21
freeway structures, the SR-91/State Route 71 (SR-71)
Separation (Bridge No. 56-0587), East SR-91/North SR-
71 Connector Separation (Bridge No. 56-0635), Prado
Overhead (Bridge No. 56-0637), West Grand Boulevard
Undercrossing (UC) (Bridge No. 56-0445 L/R), El Cerrito
Road UC (Bridge No. 56-0558 L/R), and Serfas Club
Drive UC (Bridge No. 56-0368 L/R) contain ACMs.
Therefore, prior to disturbance associated with
renovation or demolition of these bridges, RCTC’s
Resident Engineer will require the design/build contractor
to have a licensed asbestos contractor properly remove
and dispose of asbestos-containing railing brace pads
from these structures.
Final EIR/EIS Design Builder Prior to
construction
Asbestos Abatement Plan
completed.
1403 Permit (SCAQMD) obtained
August 2014.
ACM abatement measures
implemented in the field during
demolition of listed bridges.
Notification to SCAQMD, prior to
construction, was provided.
Logs attached to AW Memorandum
which was transmitted 1/31/18.
Documentation was reviewed during
2/5/2018 ECR meeting and it was
determined compliance with this
measure is complete.
2/5/2017 JLS
100%
complete for
Initial Phase
X
HW-4
3. Based on the results of the LBP surveys of the 21
freeway structures, the Main Street UC (Bridge No. 56-
0448 L/R), McKinley Street UC (Bridge No. 56-0365),
Final EIR/EIS Design Builder Prior to
construction
The Leighton Report informs the
design/build contractor of the
presence of LBPs in structures.
9/13/2017 AT
100%
complete for
Initial Phase
X
Page 9-25
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
and Buchanan Street Overcrossing (Bridge No. 56-0368)
contain LBPs. Therefore, prior to disturbance associated
with renovation or demolition of these bridges, RCTC’s
Resident Engineer will inform the design/build contractor
of the presence of LBPs in those structures. RCTC’s
Resident Engineer will require the design/build contractor
to protect construction workers from exposure to lead
dust when disturbing LBP during bridge renovation or
demolition activities.
The ERSI Lead Based Paint
Removal - Exposure Assessment
Plan and Submittal ERSI0016 QA
Response #201 detail how
construction workers will be
protected.
LBP measures were implemented in
the field during demolition of listed
bridges.
HW-4
4. In addition, a hazardous materials survey identified
two areas with potential hazardous materials. Based on
the results of the visual hazardous materials survey of
the bridges, light fixture components and possible lead
metal railing braces may pose an additional concern.
These components include:
- Light fixtures (some flush-mounted) on the undersides
of many of the bridges. At a few of the bridges that cross
over the freeway, there are light posts. The light bulbs in
these fixtures may contain mercury.
- The Temescal Wash Bridge overhead has some metal
braces and wire tension cable at joint locations on the
underside of the bridge. While no suspected ACMs were
observed or sampled at these locations, the presence of
metal washers and spacers, which may contain lead,
was noted.
- Soft metal railing brace pads that may be composed of
lead metal were observed at the following bridges:
Pierce Street UC (Bridge No. 56-0369 L/R) and
Buchanan Street Overcrossing (Bridge No. 56-0368)
Final EIR/EIS Design Builder During
construction
Locations have been included in
hazardous materials survey.
Approved Specifications include
measures to manage the removal of
light fixtures, metal braces, and metal
railing brace pads.
11/4/2016 AT
100%
complete for
Initial Phase
X
HW-4
5. Therefore, during final design and prior to any
disturbance of these facilities and materials, RCTC’s
Resident Engineer will inform the design/build contractor
of the presence and location of the hazardous materials
in the freeway structures described above.
Final EIR/EIS RCTC
Final design;
prior to
disturbance
RCTC provided Design Builder
information regarding the presence
of hazardous waste in potential
structures. This includes the Phase I
and Phase IIs that have been
completed by the FED and
procurement.
8/21/2015 SB
100%
complete for
Initial Phase
X
HW-4
6. Prior to the disturbance of freeway structures, RCTC’s
Resident Engineer will require the design/build contractor
to have asbestos-containing railing brace pads removed
and disposed of by a licensed asbestos abatement
contractor. If abated, RCTC’s Resident Engineer will
Final EIR/EIS Design Builder During
construction
Design Builder is currently
implementing measures for
management of ACM during
demolition of bridges.
9/30/2016 AT
100%
complete for
Initial Phase
X
Page 9-26
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
require the design/build contractor to remove non-friable
ACMs in accordance with Category II asbestos
abatement procedures as defined in Federal
Occupational Safety and Health Administration (Fed-
OSHA) 29 Code of Federal Regulations (CFR)
1926.1101. However, if mechanical means are utilized
for abatement of ACMs, RCTC’s Resident Engineer will
require the design/build contractor to convert these non-
friable materials into a friable state during removal
activities and manage these materials under Class I
asbestos abatement procedures.
HW-4
7. Prior to disturbance of freeway structures, RCTC’s
Resident Engineer will require the design/build contractor
to properly test any areas that have not been previously
tested, and remove and dispose of any materials from
these structures that exceed California Health and Safety
Code criteria for hazardous waste at an appropriate
State-certified landfill facility.
Final EIR/EIS Design Builder Prior to
construction
All proposed bridges have been
tested for potential hazardous wastes
and measures are currently being
implemented for management of
these wastes.
2/23/2017 AT
100%
complete for
Initial Phase
X
HW-4
8. During final design and prior to any ground
disturbance, demolition, or renovation activities, RCTC’s
Project Engineer will require the design/build contractor
to conduct predemolition asbestos, LBP, polychlorinated
biphenyl (PCB), and/or mercury surveys of any buildings
that will be renovated or demolished.
Final EIR/EIS RCTC
Final design;
prior to
disturbance
RCTC has completed the Phase I
and II for all buildings on acquired
properties.
1/6/2017 AT
100%
complete for
Initial Phase
X
HW-4
9. During construction, RCTC’s Resident Engineer will
require the design/build contractor to properly remove
and dispose of any materials from these structures that
exceed California Health and Safety Code criteria for
hazardous waste at an appropriate State-certified landfill
facility.
Final EIR/EIS RCTC During
construction
RCTC's right of way contractor is
conducting management and
disposal of all ACM and LBP on
demolished projects.
1/6/2017 AT
100%
complete for
Initial Phase
X
HW-5, Part 1
During final design and prior to any ground disturbance
activities, RCTC’s Resident Engineer will require the
design/build contractor to conduct inspections for
potential PCBs in utility pole-mounted transformers that
will be relocated or removed as part of the project
Final EIR/EIS Design Builder
Final design;
prior to
construction
Standard specifications include
measures for PCBs. Design Builder
is completing inspections of pole
mounted transformers for proper
handling.
11/4/2016 AT
100%
complete for
Initial Phase
X
HW-5, Part 2
RCTC’s Resident Engineer will require the design/build
contractor to consider leaking transformers a PCB
hazard unless tested and confirmed otherwise, and to
handle them accordingly.
Final EIR/EIS Design Builder Prior to
construction
Standard specifications include
management of PCBs found within
the project site. According to PCM
Project Engineer, no leaking
transformers have been identified.
11/4/2016 AT
100%
complete for
Initial Phase
X
Page 9-27
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
HW-6
During construction, RCTC’s Resident Engineer will
require the design/build contractor to test, remove, and
dispose of any yellow traffic striping and pavement
marking materials in accordance with the California
Department of Transportation (Department) Construction
Manual, Chapter 7, Section 106.
Final EIR/EIS Design Builder During
construction
Calstripe submitted lead based
striping paint removal work and
safety plans. Plans were approved.
Striping removal in progress during
July. Testing determined grindings
comprised lead above threshold.
Material will be treated as hazardous
waste.
12/1/2016 AT
100%
complete for
Initial Phase
X
HW-7
During final design and prior to any dewatering activities,
RCTC’s Resident Engineer will require the design/build
contractor to conduct additional coordination with the
Riverside County Department of Environmental Health
when groundwater dewatering will occur in the vicinity of
contaminated soils or contaminated groundwater sites.
Final EIR/EIS Design Builder Final design
Currently, no dewatering activities
have been required. Groundwater
discharge is regulated by RWQCB.
No ground water discharge is
currently planned.
9/9/2016 AT
100%
complete for
Initial Phase
X
HW-8
During final design and prior to any ground disturbance
activities, RCTC’s Project Engineer will require the
design/build contractor to sample soil adjacent to the
Burlington Northern Santa Fe (BNSF) railroad tracks that
will be disturbed during construction for the presence of
petroleum hydrocarbons, metals, solvents, and other
potential contaminants (e.g., polynuclear aromatic
hydrocarbons [PNAs], kerosene, ACMs, chlorinated
hydrocarbons, pesticides, and herbicides). That testing
will determine whether the soils require special handling
and disposal during construction. During construction,
RCTC’s Resident Engineer will require the design/build
contractor to properly dispose of all soils exceeding the
criteria for State or federal hazardous waste at an
appropriate State-certified landfill facility.
Final EIR/EIS Design Builder
Final design;
prior to
disturbance
RCTC conducted BNSF ROW soil
testing for specified hazardous
materials (May, 2014).
AWJV submitted evaluation technical
memo of BNSF ROW soil testing
(July 21, 2014).
RCTC - approved as noted, August
8, 2014.
1/25/17;
12/4/17
AT;
AT
100%
complete for
Initial Phase
X
HW-9
Prior to the start of construction, RCTC’s Project
Engineer will require the design/build contractor to
prepare a site-specific Health and Safety Plan (HASP) by
a certified industrial hygienist. The HASP will be based
on evaluation of proposed construction activities, the
potential hazards identified in the Phase I Environmental
Site Assessment and Phase II testing, and any future
assessments prepared for the project. The HASP will
outline specific procedures for encountering expected
and unexpected contaminants. It will include safe work
practices, contaminant monitoring, the need for personal
protective equipment, emergency response procedures,
and safety training requirements to protect construction
workers and third parties working on site. The HASP will
Final EIR/EIS Design Builder Prior to
construction
Health and Safety Plan: Completed
and approved on October 17, 2013.
Implementing plan is ongoing.
12/1/2016 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
Page 9-28
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
be in compliance with the requirements of 29 CFR 1910
and 1926 and all other applicable federal, State, and
local regulations and requirements.
During construction, RCTC’s Resident Engineer will
require the design/build contractor to implement the
requirements in the HASP.
HW-10
Prior to the start of construction, RCTC’s Project
Engineer will require the design/build contractor to
prepare a soils and groundwater Contaminant
Management Plan (CMP). The CMP will include
procedures for contaminant monitoring and identification
as well as temporary storage, handling, treatment, and
disposal of hazardous waste and materials in
accordance with applicable federal, State, and local
regulations and requirements. Prior to and during
construction, RCTC’s Resident Engineer will require the
design/build contractor to implement the soils and
groundwater CMP.
Final EIR/EIS Design Builder Prior to
construction
Section 5 Health and Safety Plan, of
the Project Management Plan (PMP),
details procedures for hazardous
material handling (start on page
154). Hazardous waste water is
discussed on page 231.
10/9/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
HW-11
Prior to the start of construction, RCTC’s Project
Engineer will require the design/build contractor to
prepare a Construction Contingency Plan (CCP) in
accordance with the Department’s Unknown Hazards
Procedures for Construction. The CCP will include
provisions for emergency response in the event that
unidentified underground storage tanks (USTs),
hazardous materials, petroleum hydrocarbons, or
hazardous or solid wastes are discovered during
construction activities. The CCP will address UST
decommissioning, field screening, contaminant materials
testing methods, mitigation and contaminant
management requirements, and health and safety
requirements for construction workers.
RCTC’s Resident Engineer will require the design/build
contractor to implement the CCP during all construction
activities.
During construction, RCTC’s Resident Engineer will
require the design/build contractor to cease work
immediately if an unexpected release of hazardous
substances is found in reportable quantities. If an
unexpected release of hazardous substances is found in
reportable quantities, RCTC’s Resident Engineer will
require the design/build contractor to notify the National
Response Center by calling 1-800-424-8802. RCTC’s
Final EIR/EIS Design Builder
Prior to
construction;
during
construction
Project management plan includes
elements of the Construction
Contingency Plan. The Project
Management Plan was approved
September 2013. Being implemented
in construction.
1/6/2017 AT
100%
complete for
Initial Phase
X
Page 9-29
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
Resident Engineer will require the design/build contractor
to perform cleanup of unexpected releases under the
appropriate federal, State, or local agency oversight.
HW-12
RCTC’s Resident Engineer will require the design/build
contractor to notify Underground Service Alert (USA) at
least 2 days prior to excavation by calling 811 to require
that all utility owners within the project disturbance limits
identify the locations of underground transmission lines
and facilities.
Final EIR/EIS Design Builder Prior to
construction
Design Builder is contacting
underground service alert prior to
ground disturbance.
12/1/2016 AT
100%
complete for
Initial Phase
X
HW-13
RCTC’s Resident Engineer will require the design/build
contractor to submit the fees to the South Coast Air
Quality Management District (SCAQMD) at least 10 days
prior to proceeding with any demolition or renovation of a
structure (refer to SCAQMD Rule 1403). RCTC’s
Resident Engineer will require the design/build contractor
to adhere to the requirements of SCAQMD Rule 1403
during renovation and demolition activities.
Final EIR/EIS Design Builder During
construction
AWJV submitted notification of
demolition and fee to SCAQMD on
August 27, 2014.
Rule 1403 form was attached to AW
Memorandum which was transmitted
1/31/18. Documentation was
reviewed during 1/29/2018 ECR
meeting and it was determined
compliance with this measure is
complete with receipt of the AW
memorandum and attachment.
1/31/2018 JLS
100%
complete for
Initial Phase
X
HW-14
During final design and prior to any ground disturbance,
RCTC’s Resident Engineer will require the design/build
contractor to test all wooden utility poles, railroad ties,
and other treated wood waste material that will be
removed and disposed of as part of the project are
tested for wood treatments/preservatives. RCTC’s
Resident Engineer will also require the design/build
contractor to test soils surrounding railroad ties for wood
treatments/preservatives. Prior to and during
construction, RCTC’s Resident Engineer will require the
design/build contractor to properly dispose of all treated
wood waste as required in Alternative Management
Standards for Wood Treated Waste in Section
67386.6(a)(2)(B)(3) of the California Code of Regulations
(CCR). Alternative Management Standards for Wood
Treated Waste. In addition, RCTC’s Resident Engineer
will require the design/build contractor to require any
personnel who come in contact with treated wood waste
or contaminated soils to follow all applicable
requirements under Section 67386.6(a)(2)(B)(3) of the
CCR and to be trained in the proper identification,
Final EIR/EIS Design Builder
Final design;
prior to
disturbance
SSP 14-11.09 addresses Treated
Waste Wood; Removal along I 15
corridor completed. TWW
satisfactorily hauled to an approved
landfill (El Sobrante) - September
2014.
All wood was assumed to be treated
and handled in accordance with the
CCR. AW Memorandum, with
Treated Wood Waste Disposal
Manifests, was transmitted 2/6/2018.
This Documentation was reviewed
during the 2/12/2018 ECR meeting
and it was determined compliance
with this measure is complete.
2/12/2018 JLS
100%
complete for
Initial Phase
X
Page 9-30
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
disposal, and safe handling of treated wood waste and
contaminated soils.
SC-1
Development of a Construction Emissions Mitigation
Plan. Prior to any site preparation, grading and/or
construction activities, the Riverside County
Transportation Commission (RCTC) Project Engineer will
require the design/build contractor to develop a
Construction Emissions Mitigation Plan. That plan will
specifically incorporate measures for controlling
particulate and other emissions during construction from
the following sources:
California Department of Transportation (Department)
Standard Specifications Sections 10 and 18 (Dust
Control) Department’s Standard Specifications Section
39-3.06 (Asphalt Concrete Plant Emissions) South Coast
Air Quality Management District (SCAQMD) Rule 403,
including control measures from Tables 1, 2, and 3 in
that rule
The plan will also include the following measures:
Control of ozone precursor emissions from construction
equipment vehicles by maintaining equipment engines in
good condition and in proper tune per the manufacturers’
specifications.
Control of material on all trucks hauling excavated or
graded material from the site by compliance with State
Vehicle Code Section 23114, with special attention to
Sections 23114(b)(F), (e)(2), and (e)(4) as amended,
regarding the prevention of such material spilling onto
public streets and roads.
Final EIR/EIS Design Builder Prior to
construction
Air Quality and Emissions Mitigation
Plan approved September 2014.
SCAQMD was notified of Large
Construction under Rule 403, and
SCAQMD approved notification May
2014.
8/21/2015 SB
100%
complete for
Initial Phase
X
SC-2
Implementation of the Construction Emissions Mitigation
Plan. During all site preparation, grading, construction,
clean-up, and other activities during construction,
RCTC’s Resident Engineer will require the design/build
contractor to comply with the measures in the
Construction Emissions Mitigation Plan. RCTC’s
Resident Engineer will conduct site inspections at least
once a month to ensure that the design/build contractor
is complying with the provisions of the Construction
Emissions Mitigation Plan.
Final EIR/EIS Design Builder
Design Builder has quality team to
ensure emissions are staying within
regulated levels.
9/15/2017 AT
100%
complete for
Initial Phase
X
SC-3
Prior to any construction activities, RCTC’s Project
Engineer will ensure that the grading plans and project
specifications show the anticipated duration of
Final EIR/EIS Design Builder Prior to
construction
Grading plans and specifications
and associated schedules have been
completed. All durations are shown
in the approved baseline schedule.
2/2/17;
8/31/17
AT
AT
100%
complete for
Initial Phase
X
Page 9-31
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
construction in individual construction areas along the
project alignment.
SC-4
During final design and prior to any ground disturbance,
RCTC’s Project Geologist will conduct appropriate
testing to determine whether there are asbestos-
containing materials (ACMs) present in the project
disturbance limits.
Final EIR/EIS Design Builder
Final design;
prior to
disturbance
ACM studies were completed for the
project as part of the Environmental
document and during the right of way
process.
7/10/2017 AT
100%
complete for
Initial Phase
X
SC-5
If RCTC’s Project Geologist determines that ACMs are
present in the project disturbance limits during that final
preconstruction inspection, RCTC’s Resident Engineer
will require the design/build contractor to properly
remove and dispose of those ACMs.
Final EIR/EIS Design Builder Prior to
construction
ACM abatement measures will be
implemented as part of demolition
activities.
AW Memorandum, with Disposal
Manifests from Environmental
Remediation Services Inc (CA
License No 964573), was transmitted
1/31/2018. This Documentation was
reviewed during the 2/5/2018 ECR
meeting and it was determined
compliance with this measure is
complete.
2/25/2018 JLS
100%
complete for
Initial Phase
X
N-1
Based on studies completed to date, Riverside County
Transportation Commission (RCTC) intends to
incorporate noise abatement in the form of reasonable
and feasible barriers at 15 to 16 locations, depending on
the selected alternative, ranging in height from 8 feet (ft)
to 14 ft, depending on the alternative and the design
variations. Calculations based on preliminary design data
indicate that the barriers will reduce noise levels by 5 to
15 A-weighted decibels (dBA) for 333 to 419 homes and
the Green River Golf Club, depending on the design
variation. If during final design conditions have
substantially changed, noise abatement at some of these
locations may not be necessary. The final decision on
noise abatement will be made on completion of the
project design and the public involvement processes for
the environmental document. RCTC’s Resident Engineer
will require the design/build contractor to construct the
noise abatement measures included in the final design
and project specifications.
Final EIR/EIS Design Builder During
construction
Noise barriers deemed reasonable
and feasible have been incorporated
into the project design.
Construction of all noise walls (K1-A
being the last) was completed in
Nov. 2017.
ReValidation 4, approved
07/13/2014.
ReValidation 5, approved
12/04/2014.
Revalidation 7, approved 01/20/15
Revalidation 9, approved 10/27/14
Revalidation 11, approved 06/04/15
Revalidation 12, approved 09/09/16
Revalidation 14, approved 04/18/16
Revalidation 17, approved 09/01/16
1/25/17;
7/10/17;
7/31/17;
11/20/17
AT
AT
AT
AT
100%
complete for
Initial Phase
X
N-2
RCTC’s Resident Engineer will require the design/build
contractor to control noise from construction activity
consistent with the California Department of
Transportation’s (Department’s) Standard Specifications,
Final EIR/EIS Design Builder During
construction
During July 2014, City of Corona
reviewed and approved a variance to
the noise ordinance to allow night
time work. Monitored noise levels
2/3/17;
7/10/17;
7/31/17
AT
AT
AT
Overall 95%
Complete and
will remain so
until project
X
Page 9-32
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
Section 14-8.02, “Noise Control,” and Standard Special
Provisions (SSP) S5-310. RCTC’s Resident Engineer will
require the design/build contractor to ensure that noise
levels from construction operations within the State right-
of-way between the hours of 9:00 p.m. and 6:00 a.m. not
exceed 86 dBA at a distance of 50 ft. The noise level
requirement will apply to the equipment on the job site or
related to the job, including, but not limited to trucks,
transit mixers, or transient equipment that may or may
not be owned by the contractor.
RCTC’s Resident Engineer will require the design/build
contractor to use an alternative warning method instead
of a sound signal unless required by safety laws. In
addition, RCTC’s Resident Engineer will require the
design/build contractor to equip all internal combustion
engines with the manufacturer-recommended mufflers
and not operate any internal combustion engine on the
job site without the appropriate mufflers. As directed by
RCTC’s Resident Engineer, the design/build contractor
will implement appropriate additional noise mitigation
measures, including changing the location of stationary
construction equipment, turning off idling equipment,
rescheduling construction activity, notifying adjacent
residents in advance of construction work, and installing
acoustic barriers around stationary construction noise
sources.
adjacent to residences or as
identified by complaint.
ReValidation 15 - Temporary Sound
Barrier at Chino Hills State Park for
Green River residents.
completion;
however,
100%
complete for
Initial Phase
N-3
In accordance with the Municipal Codes of the Cities of
Anaheim, Corona, Riverside, and Norco, RCTC’s
Resident Engineer will require the design/build contractor
to limit construction activities to between the hours of
7:00 a.m. and 7:00 p.m., Monday through Friday,
excluding weekends and holidays. If construction is
needed outside those hours or days, RCTC’s Resident
Engineer will require the design/build contractor to
coordinate with the affected local jurisdiction. In addition
to Measure N-3, Measure GEO-3 specifically addresses
potential noise control in the event blasting is necessary
during construction along State Route 91 (SR-91) east of
Interstate 15 (I-15).
Final EIR/EIS Design Builder During
construction
During July 2014, City of Corona
reviewed and approved a variance to
the noise ordinance to allow night
time work. Monitor noise levels
adjacent to residences or as
identified by complaint.
1/25/2017 AT
100%
complete for
Initial Phase
X
N-4
If noise barriers proposed for I-15 (with the exception of
Noise Barrier [NB] K1-A), as part of a separate project,
are not constructed within 5 years of the completion of
the construction the SR-91 Corridor Improvement Project
Final EIR/EIS RCTC During
construction
I-15 Tolled Express Lanes Final Env
Document approved - will construct
N-4 soundwalls.
11/4/2016 AT
100%
complete for
Initial Phase
X
Page 9-33
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
(CIP), the RCTC will initiate a separate project to
construct those walls.
N-5
1. Residences that would experience a severe traffic
noise impact of 75 dBA equivalent continuous sound
level (Leq) or higher would qualify for consideration of
unusual and extraordinary abatement under Alternative
2f. NBs M-1, M-2, M-3, and D1-B are considered unusual
and extraordinary noise abatement.
2. During the design/build phase, RCTC will contract with
a qualified acoustical specialist to conduct interior noise
analyses at residences projected to experience severe
traffic noise impacts. Interior noise abatement for each of
those homes will be evaluated on a case-by-case basis
per FHWA guidance and noise protocol.
Final EIR/EIS RCTC Final design
Interior and exterior noise readings,
conducted in August 2017, conclude
no interior noise impact.
Responses to comments on the
interior noise analysis was submitted
to Caltrans on 3/1/2018.
8/25/17;
3/1/20
AT
JLS
Overall 90%
Complete;
however,
100%
complete for
Initial Phase
X
Compensatory
Mitigation (1)
Compensatory Mitigation:
1.) Compensatory mitigation for the effects to coastal
sage scrub (CSS) vegetation within Riverside County will
be achieved through project consistency with the
Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP). Permanent effects to CSS
vegetation in Orange County occupied by coastal
California gnatcatcher (CAGN) or within CAGN-
designated critical habitat will be mitigated as described
in the Biological Opinion received from the United States
Fish and Wildlife Service (USFWS) on November 30,
2011. Specifically, 16.03 acres (ac) of habitat (e.g., CSS)
suitable for CAGN breeding, dispersal, and foraging will
be restored in Chino Hills State Park (CHSP) (or another
off-site area approved by the USFWS) during
construction of the Initial Phases under Alternatives 1
and 2. This will increase the amount of conserved habitat
available for CAGN in the area.
Final EIR/EIS RCTC During
construction
Compensatory Mitigation Plans for
CAGN and LBV were approved in
September of 2014.
In September 2015, RCTC secured
the Inland Empire RCD to implement
the mitigation plan. In October 2015,
RCTC has executed an agreement
with CDPR to implement the
mitigation plan within Chino Hill state
Park. Currently IERCD is obtaining
right of entry into Chino Hills State
Park.
10/23/2017 AT
100%
complete for
Initial Phase
X
Compensatory
Mitigation (2 &
3)
2.) Temporarily impacted coastal sage scrub (CSS) and
other vegetation communities used by California
gnatcatcher (CAGN) for dispersal and foraging will be
restored with in-kind or better vegetation during and after
construction as the construction in each disturbed area is
completed (e.g., after each phase of construction).
Measures TE-1 through TE-17, provided later in the
Environmental Commitments Record (ECR), were
developed from the Biological Opinion.
3.) The plant palette used for restored areas in the
project limits and CHSP (or other areas approved by the
Final EIR/EIS RCTC/Design
Builder
During
construction
2) AWJV to submit for RCTC and
Caltrans review the week of 8/1/16.
Expected submittal date to USFWS
and CDFW is 8/15/16. Anticipated
restoration will start 10/1/16.
3) The designated biologist (John
Parent) approved the seed mix for
hydroseed on the disturbed slopes
between Green River Road and
Bridge 6/7. The hydroseed is
2/5/18;
2/12/18
JLS
JLS
100%
complete for
Initial Phase
X
Page 9-34
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
USFWS) will be approved by the District Biologist at
each location. The District Biologist may consult with
local responsible agencies (e.g., local fire agencies)
regarding the plant palettes if the District Biologist
determines that such consultation would be appropriate.
currently being used on these areas
as erosion control until the
restoration plan will be implemented.
3. (AT) Note Caltrans Biologist
approval date in this field.
After both resource agency and
Caltrans review, Caltrans accepted
DESN0392.6 California Gnatcatcher
Habitat and Temporary Impacts
Restoration Plan on Fwd:
DESN0392.6 California Gnatcatcher
Habitat and Temporary Impacts
Restoration Plan on 2/12/2018,
constituting closure of this measure.
Closure of this measure was
reconfirmed during the 2/12/2018
ECR Meeting. During this meeting, it
was determined that additional
comment from CDFW's Jeff Brandt
(unrelated to this measure) will be
addressed in the Bat Management
Plan. USFWS previously concurred
on 2/5 that information regarding
bats is not required as part of the
restoration plan.
Compensatory
Mitigation (4)
4. Compensatory mitigation for riparian communities in
both counties will be required for United States Army
Corps of Engineers (Corps) Section 404 and California
Department of Fish and Game (CDFG) Section 1600
permitting. Typically, riparian habitat subject to Corps
and CDFG jurisdiction is mitigated at a minimum
mitigation-to-effect ratio of 2:1 for permanent effects and
1:1 for temporary effects, which is consistent with Corps
and CDFG policies for no net loss of riparian/riverine
habitat (e.g., wetlands) standards. Mitigation for
permanent effects will be conducted in advance during
the Initial Phases in the form of habitat restoration and/or
enhancement in on- or off-site areas where similar
riparian habitat exists. Temporary effects to riparian
communities will be mitigated at a minimum mitigation
ratio of 1:1 to be replaced on site in kind after the
temporary impact has occurred. Final details for
Final EIR/EIS RCTC/Design
Builder
During
construction
For permanent impacts, CDFW 1602
requires 3.0 acres of rehabilitation
credits and the USACE 404 permit
requires 1.06 acres of compensatory
mitigation from a mitigation bank.
Permanent impacts: RCRCD in lieu
fee agreement completed in
September 2014.
Temporary impacts: on-going due to
current construction. A restoration
plan will be submitted to Caltrans
and RCTC the week of 8/1/16.
After both resource agency and
Caltrans review, Caltrans accepted
DESN0392.6 California Gnatcatcher
7/31/17;
2/12/18;
2/23/18
AT
JLS
JLS
Overall 90%
Complete;
however,
100%
complete for
Initial Phase
X
Page 9-35
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
compensatory mitigation will be coordinated and
environmental clearance will be obtained (if necessary)
through coordination among the Riverside County
Transportation Commission (RCTC), the California
Department of Transportation (Department), the
resource agencies, and third-party landowners.
Habitat and Temporary Impacts
Restoration Plan on Fwd:
DESN0392.6 California Gnatcatcher
Habitat and Temporary Impacts
Restoration Plan on 2/12/2018,
constituting closure of this measure.
Closure of this measure was
reconfirmed during the 2/12/2018
ECR Meeting. During this meeting, it
was determined that additional
comment from CDFW's Jeff Brandt
(unrelated to this measure) will be
addressed in the Bat Management
Plan. USFWS previously concurred
on 2/5 that information regarding
bats is not required as part of the
restoration plan.
This measure is also addressed in
the 1602 permit amendment
submitted on 2/23/2018.
Compensatory
Mitigation (5)
5. Prior to beginning construction, a Habitat Mitigation
and Monitoring Plan (HMMP) will be developed in
coordination with the Corps, CDFG, and USFWS that
ensures no net loss of riparian habitat value or acreage.
Final details for compensatory mitigation will be
evaluated through coordination among the Department,
RCTC, and the resource agencies.
Final EIR/EIS RCTC Prior to
construction
Compensatory Mitigation Plan
(HMMP) approved September 2014.
August 2015 CAGN survey memo
approved.
2/23/2017 AT
100%
complete for
Initial Phase
X
Item 6 under
Compensatory
Mitigation
6. The HMMP will comply with all terms and conditions
set forth in the permits and opinions issued by the
resource agencies for the project and will include, at a
minimum, the following provisions: Permanent impacts to
riparian/riverine areas will be replaced on or off site at a
minimum ratio of 3:1 with in-kind habitat. Permanent
effects to native habitat will be replaced on or off site at a
minimum 2:1 ratio with in-kind habitat. Temporary effects
to native vegetation will be replaced at a minimum 1:1
ratio with in-kind habitat restored in place within the
project area. If off-site restoration is conducted, it will be
done within the same watershed as the project. The
HMMP will identify a success criterion of at least 80
percent cover of native riparian vegetation or
composition structure similar to existing adjacent high-
Final EIR/EIS RCTC
During
construction;
after
construction
Compensatory Mitigation Plan
(HMMP) approved September 2014.
Agreement with Inland Empire RCD
executed October 2015; first annual
report to be submitted in March
2017.
Oak trees are being planted within
Chino Hills State Park under the
IERCD agreement to manage the
restoration effort.
2/23/2017 AT
100%
complete for
Initial Phase
X
Page 9-36
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
quality riparian vegetation. Further criteria specified in
the HMMP will include an establishment period for the
replacement habitat, regular trash removal, and regular
maintenance and monitoring activities to ensure the
success of the mitigation plan. After construction, annual
summary reports of biological monitoring will be provided
to the Corps, CDFG, and USFWS documenting the
monitoring effort. The duration of the monitoring and
reporting will be established by resource agency permit
conditions. Compensatory mitigation for effects to oak
trees (excluding California scrub oaks) with trunk sizes
above 8 inches in diameter at breast height (dbh) will
involve replacement at a mitigation-to-effect ratio of 3:1.
Heritage oaks (oaks with a greater than 36-inch dbh) will
be replaced at a mitigation-to-effect ratio of 10:1, if
feasible.
Item 6 under
Compensatory
Mitigation
(cont'd)
If the replacement trees cannot be planted in the
immediate vicinity of where the previous trees were
located, they may be planted elsewhere in the project
area, subject to approval by the Department Landscape
Architect and the affected local jurisdiction, if any. All
compensatory mitigation for the entire project, both the
Initial Phases and Ultimate Projects, will be provided in
the Initial Phases of the SR-91 CIP Build Alternatives.
RCTC will provide appropriate funds, to be maintained in
a non-wasting endowment, to Chino Hills State Park to
provide for the long-term maintenance and management
of the restored areas within the park to support
gnatcatcher habitat in perpetuity.
Final EIR/EIS RCTC During
construction
RCRCD agreement includes tree
plantings within Temescal Wash.
3/13/17;
5/18/17
AT
AT
100%
complete for
Initial Phase
X
NC-1
1. During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
delineate all environmentally sensitive areas (ESAs)
within the project footprint and the immediately
surrounding areas in the project specifications. ESAs
include CSS, chaparral, and riparian/riverine vegetation;
the protected zone of any oak tree (5 feet [ft]) outside the
dripline or 15 ft from the trunk of the tree, whichever is
greater) or oak habitat; and designated critical habitat
(with constituent elements).
2. In addition, all restoration and mitigation areas at Coal
Canyon adjacent to the project footprint will be
designated ESAs on the project plans.
3. Prior to clearing or construction, RCTC’s Resident
Final EIR/EIS Design Builder Final design/
construction
ESA fencing plan approved July
2014. ESA fencing installed in areas
of active work as of August 2014.
Yellow wire replaced orange snow
fence in select areas.
Installation and maintenance status
(including site photos) of ESA
fencing can be found in
accompanying locations.
1/6/2017 AT
Overall 95%
Complete;
however,
100%
complete for
Initial Phase
X
Page 9-37
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
Engineer will require the design/build contractor to install
highly visible barriers (such as orange construction
fencing) around all designated ESAs. No grading or fill
activity of any type will be permitted within the ESAs. In
addition, no construction activities, materials, or
equipment will be allowed within the ESAs. All
construction equipment will be operated in a manner so
as to prevent accidental damage to nearby preserved
areas. No structure of any kind, or incidental storage of
equipment or supplies, will be allowed within the ESAs.
Silt fence barriers will be installed at the ESA boundaries
to prevent accidental deposition of fill material in areas
where vegetation is adjacent to planned grading
activities.
NC-2
RCTC’s Resident Engineer will require the design/build
contractor to have a Designated Qualified Biologist under
contract. The Designated Qualified Biologist will monitor
construction in the vicinity of the ESAs for the duration of
construction to flush any wildlife species present prior to
construction and to ensure that all vegetation removal,
best management practices (BMPs), ESAs, and all
avoidance and minimization measures are properly
implemented.
Final EIR/EIS Design Builder During
construction
Qualified biologist(s) selected. All
resumes on file.9/9/2016 AT
100%
complete for
Initial Phase
X
NC-3
To avoid effects to nesting birds, RCTC’s Resident
Engineer will require the design/build contractor to
conduct any native or exotic vegetation removal or tree
trimming activities outside of the nesting bird season
(i.e., February 15–September 15). In the event that
vegetation clearing is necessary during the nesting
season, RCTC’s Resident Engineer will require the
design/build contractor to have the Designated Qualified
Biologist conduct a preconstruction survey within 300 ft
of construction areas no more than 7 days prior to
construction to identify the locations of nests. Should
nesting birds be found, an exclusionary buffer of 300 ft
will be established by the Designated Biologist around
each nest site. This buffer will be clearly marked in the
field by construction personnel under guidance of the
design/build contractor’s Designated Qualified Biologist,
and construction or clearing will not be conducted within
this zone until the Designated Qualified Biologist
determines that the young have fledged or the nest is no
longer active. In the event that construction must occur
Final EIR/EIS Design Builder
Prior to
construction;
during
construction
Bird Biologists (Miller, URS;
Thompson, URS; Parent, Aecom)
were approved on 11/05/13.
Surveys were conducted as
necessary during August - Nesting
season was completed as of August
31 due to seasonal conditions.
Surveys were continued in 2015 from
February to September and
monitoring reports were regularly
submitted to RCTC. As of May 2015,
monitoring reports are submitted on
a weekly basis.
1/6/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
Page 9-38
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
within the 300 ft buffer, the Designated Biologist will take
steps to ensure that construction activities do not disturb
or disrupt nesting activities. If the Designated Biologist
determines that construction activities are disturbing or
disrupting nesting activities, the Designated Biologist will
notify the Resident Engineer, who has the authority to
halt construction to reduce the noise and/or disturbance
to the nests. Responses may include, but are not limited
to, turning off vehicle engines and other equipment
whenever possible to reduce noise, installing a protective
noise barrier between the nest and the construction
activities, and/or working in other areas until the young
have fledged.
NC-4
When work is conducted during the fire season (as
identified by the Orange County Fire Authority [OCFA],
Riverside County Fire Department [RCFD], City of Norco
Fire Department, and/or the City of Corona Fire
Department) adjacent to any vegetated open space,
RCTC’s Resident Engineer will require the design/build
contractor to ensure that appropriate firefighting
equipment (e.g., extinguishers, shovels, water tankers) is
available on site during all phases of project construction
to help minimize the potential for human-caused
wildfires. Shields, protective mats, and/or other fire-
preventive methods will be used during grinding,
welding, and other spark-inducing activities. Personnel
trained in fire hazards, preventive actions, and
responses to fires will advise contractors regarding fire
risk from all construction-related activities. If a
responsible fire agency (OCFA, RCFD, City of Norco
Fire Department, or City of Corona Fire Department)
requires the RCTC to clear defensible spaces during
construction, the RCTC’s Resident Engineer, the
design/build contractor, and the design/build contractor’s
Designated Qualified Biologist will coordinate with the
USFWS prior to this clearing effort. In the event there are
resources in the areas identified for defensible clearing,
RCTC’s Resident Engineer and the Designated Qualified
Biologist will coordinate with any applicable permitting
agencies regarding possible effects to those resources
prior to approving the defensible clearing of any areas by
the contractor.
During all Red Flag Warning periods as issued by the
National Weather Service, the design/build contractor will
Final EIR/EIS Design Builder During
construction
Safety Plan covers all potential
hazards and measures to be
implemented during fire season.
Design Builder implementing these
measures near natural habitat areas
(Bridge 2).
6/2/2017 AT
100%
complete for
Initial Phase
X
Page 9-39
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
not be allowed to operate mechanized equipment or
equipment that could throw off sparks or potentially start
fires in any areas of natural open space in CHSP or
other areas.
NC-5
During final design, the Project Engineer will coordinate
with the Designated Qualified Biologist to identify
developed or nonsensitive upland habitat areas
appropriate for use during construction for equipment
maintenance, staging, dispensing of fuel and oil, or any
other such activities and will delineate and identify those
areas on the project specifications. The Designated
Qualified Biologist will specifically identify developed or
nonsensitive upland habitat areas to prevent any spill
runoff on those sites from entering waters of the United
States. During construction, RCTC’s Resident Engineer
will require the design/build contractor to ensure that all
equipment maintenance, staging, dispensing of fuel and
oil, or any other such activities occur in developed or
designated nonsensitive upland habitat areas designated
in the project specifications for those uses.
Final EIR/EIS Design Builder
Final design;
during
construction
ESA exhibit was prepared in August
2013 and is being implemented in
the field. Exhibit shows where
staging and maintenance areas can
be placed.
2/23/17;
5/18/17 AT
100%
complete for
Initial Phase
X
NC-6
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
identify the locations of all existing wildlife fencing and
will delineate and identify those areas on the project
specifications. Prior to and during construction, RCTC’s
Resident Engineer will require the design/build contractor
to install new fencing prior to the removal of any existing
wildlife fencing to protect against wildlife-vehicle
incidents. The new fencing must be the same or greater
height than the previous wildlife fence.
The RCTC Resident Engineer will require the
design/build contractor to ensure that the fencing is
maintained and functional throughout the project
construction.
The Department will ensure that the fencing is
maintained and functional throughout the life of the
project to prevent wildlife-vehicle incidents.
Final EIR/EIS Design Builder
Final design;
prior to and
during
construction
Wildlife fencing as shown in project
specifications have been and will
continue to be installed in order to
delineate and identify
environmentally sensitive areas in
construction areas. Design team is
coordinating with Designated
Qualified Biologist. ESA exhibit was
prepared in August 2013 and is
being implemented in the field.
Wildlife corridor plan was reviewed
and approved in October 2014.
1/6/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
NC-7
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
identify the habitat adjacent to Coal Canyon, B Canyon,
Fresno Canyon/Wardlow Wash, and Bedford Wash that
is anticipated to be disturbed by construction activities
and will delineate those areas on the project
Final EIR/EIS Design Builder
Final design;
during
construction
Habitat adjacent to Coal Canyon, B
Canyon, Fresno Canyon/Wardlow
Wash, and Bedford Wash have been
identified on project specifications.
Restoration for impacts to these
areas is in-progress. Include
2/5/18;
2/12/18
JLS
JLS
100%
complete for
Initial Phase
X
Page 9-40
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
specifications. As detailed in the project specifications,
RCTC’s Resident Engineer will require the design/build
contractor to restore habitat adjacent to Coal Canyon, B
Canyon, Fresno Canyon/Wardlow Wash, and Bedford
Wash that was disturbed during construction as
construction in the affected areas is completed. That
restoration will be provided on a 1:1 ratio, using native
vegetation as determined by RCTC and the Department
in coordination with the resource agencies.
discussion regarding monitoring at B
Canyon, punch through pipe (2016),
monitor present
After both resource agency and
Caltrans review, Caltrans accepted
DESN0392.6 California Gnatcatcher
Habitat and Temporary Impacts
Restoration Plan on Fwd:
DESN0392.6 California Gnatcatcher
Habitat and Temporary Impacts
Restoration Plan on 2/12/2018,
constituting closure of this measure.
Closure of this measure was
reconfirmed during the 2/12/2018
ECR Meeting. During this meeting, it
was determined that additional
comment from CDFW's Jeff Brandt
(unrelated to this measure) will be
addressed in the Bat Management
Plan. USFWS previously concurred
on 2/5 that information regarding
bats is not required as part of the
restoration plan.
During the 2/5 meeting Caltrans
provided concurrence that habitat
adjacent to Coal Canyon, B Canyon,
Fresno Canyon/Wardlow Wash, and
Bedford Wash appeared to be
restored.
NC-8
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
delineate all wildlife corridors within the project footprint
and the immediately surrounding areas as
Environmentally Sensitive Areas (ESAs) in the project
specifications. Prior to and during construction, RCTC’s
Resident Engineer will require the design/build contractor
to ensure that equipment maintenance, lighting, and
staging are limited to designated areas away from
wildlife corridor entrances.
Final EIR/EIS Design Builder
Final design;
prior to and
during
construction
Wildlife corridors within the project
footprint have been identified and
delineated in project specifications.
Equipment maintenance, lighting,
and staging limitations are being
implemented.
After both resource agency and
Caltrans review, Caltrans accepted
DESN0392.6 California Gnatcatcher
Habitat and Temporary Impacts
Restoration Plan on Fwd:
DESN0392.6 California Gnatcatcher
9/9/16;
7/31/17;
2/5/18;
2/12/18;
2/23/18
AT
AT
JLS
JLS
JLS
Overall 90%
complete;
however,
100%
complete for
Initial Phase
X
Page 9-41
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
Habitat and Temporary Impacts
Restoration Plan on 2/12/2018,
constituting closure of this measure.
Closure of this measure was
reconfirmed during the 2/12/2018
ECR Meeting. During this meeting, it
was determined that additional
comment from CDFW's Jeff Brandt
(unrelated to this measure) will be
addressed in the Bat Management
Plan. USFWS previously concurred
on 2/5 that information regarding
bats is not required as part of the
restoration plan.
This measure is also addressed in
the 1602 permit amendment
submitted on 2/23/2018.
NC-9
During final design, RCTC’s Project Engineer will
develop design and construction management measures
to direct temporary construction noise and nighttime
construction lighting and permanent facility lighting away
from the wildlife corridors, bridges (structures potentially
occupied by bats), biologically sensitive areas, Western
Riverside County MSHCP Conservation Areas,
vegetated drainages, CSS in CAGN-designated critical
habitat with long-term conservation value for covered
species. Those design measures will be approved by
Department District 8 Biology/Environmental prior to the
completion of final design. If construction work must be
done at night, RCTC’s Resident Engineer will require the
design/build contractor to properly implement the
measures developed during final design to direct noise
and direct lighting away from the wildlife corridors,
bridges, and biologically sensitive areas during those
nighttime construction activities.
Final EIR/EIS RCTC
Final design;
prior to
construction
Wildlife Crossing Lighting and Noise
Plan approved by RCTC and
submitted to CDFW for review and
approval. CDFW approved in
October 2014
9/9/2016 AT
100%
complete for
Initial Phase
X
NC-10
Prior to and during construction, RCTC’s Resident
Engineer will require the design/build contractor to keep
the wildlife corridors clear of all equipment or structures
that could potentially serve as barriers to wildlife
passage.
Final EIR/EIS Design Builder
Prior to and
during
construction
Design Builder actively ensuring that
wildlife corridors are kept clear of
equipment and falsework.
9/9/16/16 AT
100%
complete for
Initial Phase
X
Page 9-42
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
NC-11
During final design, RCTC’s Project Engineer will ensure
that the existing culvert structures that will be extended
or modified by the project are designed so that they are
at least as compatible with wildlife usage as the existing
culvert structures. Those culverts will be shown on the
project specifications. RCTC’s Resident Engineer will
require the design/build contractor to properly implement
these compatible culvert designs during construction.
Final EIR/EIS Design Builder Final design
Wildlife Noise and Lighting Plan
included description of design
characteristics to document
compliance. Plan approved by
RCTC and submitted to CDFW for
review and approval.
8/25/2017 AT
100%
complete for
Initial Phase
X
NC-12
Within Coal Canyon, B Canyon, Fresno
Canyon/Wardlow Wash, and Bedford Wash, RCTC’s
Resident Engineer will require the design/build contractor
to limit the hours of construction within 1,000 ft of the
centerline of each of these crossings to daylight hours
(7:00 a.m. to 4:00 p.m.) to ensure continued use of these
wildlife corridors during construction, with the exception
of limited periods when evening or night work is required
for safety or operations reasons.
Final EIR/EIS Design Builder During
construction
Hours of construction near wildlife
crossings have been and will
continue to be consistent with
commitment NC-12. URS completed
both day and night project monitoring
to verify compliance.
9/9/2016 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
NC-13
During final design, RCTC’s Project Engineer will ensure
that the design and construction process for all
structures required for bridge and/or culvert work within
Coal Canyon, B Canyon, Fresno Canyon/Wardlow
Wash, and Bedford Wash, will not block the main
underpass at these locations during construction.
RCTC’s Project Engineer will ensure that the design of
the scaffolding and false work is restricted to the sides of
the underpass and limits of the existing exclusionary
chain-link fence to maintain the existing width of the
wildlife corridor during construction activities. During
construction within Coal Canyon, B Canyon, Fresno
Canyon/Wardlow Wash, and Bedford Wash, RCTC’s
Resident Engineer will require the design/build contractor
to ensure that all structures required for bridgework are
installed and constructed consistent with the final design
specifically to avoid blocking the main underpass during
construction and to restrict all scaffolding and false work
to the sides of the underpass and limits of the existing
exclusionary chain-link fence to maintain the existing
width of the wildlife corridor during construction activities.
Final EIR/EIS Design Builder
Final design;
during
construction
Design of scaffolding and falsework
restricts construction in the areas
described in NC-13 to minimize
impacts to the associated wildlife
corridors. Construction in within Coal
Canyon, B Canyon, Fresno
Canyon/Wardlow Wash is being
completed in compliance with NC-13.
Measures to minimize impacts to
wildlife corridors are currently being
implemented in construction. Include
discussion of Caltrans planting at
Coal Canyon, John
Novack/D12/Chuck Baker
coordination.
9/9/2016 AT
100%
complete for
Initial Phase
X
NC-14
Minimal equipment staging area is available at the
eastbound Coal Canyon off-ramp along the sides of the
paved road and will be used for the staging of equipment
for Coal Canyon work only. During final design, RCTC’s
Project Engineer will ensure that the available area for
Final EIR/EIS Design Builder
Final design;
during
construction
A Wildlife Crossing Noise and
Lighting Plan was approved by
RCTC in July 2014 and submitted to
CDFW to address construction
activities that are required to be
6/2/2017 AT
100%
complete for
Initial Phase
X
Page 9-43
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
construction staging at the eastbound Coal Canyon off-
ramp is delineated on the project specifications.
RCTC’s Resident Engineer will require the design/build
contractor to minimize the use of this area during
construction and, where possible, to avoid the area from
February 15 to September 1. RCTC’s Resident Engineer
will require the design/build contractor to ensure that
vehicles staged in this area are equipped with security
lights.
completed during night time hours.
Project Biologist conducted
monitoring for night work.
The eastbound Coal Canyon off-
ramp area was not used for staging
(confirmed by Construction Engineer
Salim Khalil on 6/2/17).
NC-15
During construction within Coal Canyon, RCTC’s
Resident Engineer will require the design/build contractor
to keep the Coal Canyon on- and off-ramps open at all
times for emergency and police personnel. RCTC’s
Resident Engineer will require the design/build contractor
to ensure that use of the emergency access road as a
turnaround or shortcut for any construction or non-
emergency traffic is prohibited. That road will only be
used during bridge construction and general road
construction at Coal Canyon. RCTC’s Resident Engineer
will also require the design/build contractor to ensure
that, in general, no hauling is allowed at night through
underpasses and freeway off-ramps.
Final EIR/EIS Design Builder During
construction
Emergency access via Coal Canyon
is being maintained as described in
NC-15. AWJV has minimally used
the road during construction utilities
and other features of the project.
Project biologist has conducted
monitoring throughout construction of
the project to ensure compliance.
5/12/2017 AT
100%
complete for
Initial Phase
X
NC-16
During construction in Coal Canyon, RCTC’s Resident
Engineer will require the design/build contractor to close
the gates at Coal Canyon at the end of each construction
day. The locations of those gates will be shown on the
project specifications.
Final EIR/EIS Design Builder During
construction
Currently being implemented during
construction; RCTC to ensure that
gates are closed after every
construction day.
1/2/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
NC-17
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
identify existing and proposed conservation areas within
the project footprint or in the immediately surrounding
areas and will designate those areas on the project
specifications. To reduce impacts where the project
interfaces with existing or proposed conservation areas
prior to and during construction, RCTC’s Project
Manager will ensure that the project complies with the
Urban/Wildlands Interface Guidelines in Section 6.1.4 of
the Western Riverside County MSHCP. The project
Final EIR/EIS RCTC Final design Pending approval of Revalidation 23
to close measure.1/6/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
Page 9-44
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
specifications will include applicable guidelines from the
Western Riverside County MSHCP.
NC-18
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
identify existing Criteria Areas within the project footprint
or in the immediately surrounding areas and will
designate those areas on the project specifications.
To reduce impacts where the project is located within the
Criteria Area, RCTC’s Project Manager will ensure that
the project complies with the applicable siting and design
criteria and the Construction Guidelines in Section 7.5.2
of the Western Riverside County MSHCP. The project
specifications will include applicable guidelines from the
Western Riverside County MSHCP.
Final EIR/EIS Design Builder Final design
ESA exhibit was prepared in August
2013 and is being implemented in
the field. Exhibit reflects where
criteria areas are located.
1/6/2017 AT
100%
complete for
Initial Phase
X
NC-19
During construction, RCTC’s Resident Engineer will
require the design/build contractor to comply with
guidelines from the Western Riverside County MSHCP
included in the project specifications. The SR-91 CIP is a
covered project. Therefore, RCTC’s Resident Engineer
will ensure that the SR-91 CIP complies with all Western
Riverside County MSHCP Construction Guidelines and
Standard BMPs prior to and during construction.
Final EIR/EIS Design Builder During
construction
MSHCP construction guidelines and
BMPs have been incorporated into
project design and applicable project
guidelines. Implementation during
construction is ongoing.
9/29/2016 AT
100%
complete for
Initial Phase
X
WET-1
Riverside County Transportation Commission’s (RCTC)
Project Manager will ensure that prior to any clearing or
construction, a Section 404 Nationwide Permit is
obtained through the United States Army Corps of
Engineers (Corps) pursuant to Section 404 of the Clean
Water Act (CWA). RCTC’s Resident Engineer will retain
a copy of the Corps permit at the construction site and
will ensure that the conditions in that permit are properly
implemented prior to and during construction.
Final EIR/EIS Design Builder Prior to
construction
404 Permit Package approved for
affected delineated areas other than
Oak St Channel - Approved Sept
2014. Submit 404 application
package for Oak St Channel -
Approved Feb 2015. Amendments
for Oak St. Channel impacts
approved Feb. 19. 2015
8/21/2015 SB
100%
complete for
Initial Phase
X
WET-2
RCTC’s Project Manager will ensure that prior to any
clearing or construction, a Streambed Alteration
Agreement with California Department of Fish and Game
(CDFG) is obtained. RCTC’s Resident Engineer will
retain a copy of the CDFG agreement at the construction
site and will ensure that the conditions in that agreement
are properly implemented prior to and during
construction.
Final EIR/EIS Design Builder Prior to
construction
The Streambed Alteration Agreement
(1602 Agreement) for the SR-91 CIP
was secured in August of 2014.
Streambed Alteration Agreement:
Completed and approved on
08/15/13.
ReValidation 6, approved 7/11/14
ReValidation 18, approved 11/2/15
1602 Amendment 1, approved
11/3/15
8/21/2015 SB
100%
complete for
Initial Phase
X
Page 9-45
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
WET-3
RCTC’s Project Manager will ensure that prior to any
clearing or construction, a Section 401 Water Quality
Certification from the Regional Water Quality Control
Board (RWQCB) is obtained.
RCTC’s Resident Engineer will retain a copy of the
Section 401 certification at the construction site and will
ensure that the conditions in that certification are
properly implemented prior to and during construction.
Final EIR/EIS Design Builder Prior to
construction
401 Permit secured in May of 2014.
A copy of the certification is
accessible at project construction
sites. Implementation of conditions
associated with the permit is in-
progress.
8/21/2015 SB
100%
complete for
Initial Phase
X
PS-1
As part of the SR-91 CUP Habitat Mitigation and
Monitoring Plan, trees and shrubs will be planted at
appropriate locations, and the species list to be used for
those plantings will include Southern California black
walnut and Coulter's matilija poppy. At a minimum, 30
Southern California black walnut trees will be planted.
Final EIR/EIS RCTC's Project
Manager
Required for
Initial Phase;
Timing during
the
design/build
phase
The HMMP approved in September
2014, identifies oak tree plantings
and that Coulter's Matilija poppy
seedlings.
RFC landscape package B
(approved November 2014) includes
highway planting of Southern
California Black walnut trees within
the SR 91/71 interchange area.
The Cooperative Agreement with
State Parks, executed 2/10/16, for
mitigation restoration within Chino
Hills State Park includes the planting
of 50 container Matilija Poppy (pg.
58).
6/2/2017 AT
100%
complete for
Initial Phase
X
AS-1
During final design, the Riverside County Transportation
Commission’s (RCTC) Project Engineer will coordinate
with the Designated Qualified Biologist to identify all
areas of potential burrowing owl (BUOW) habitat within
the project footprint or in the immediately surrounding
areas and will designate those areas on the project
specifications. To ensure that any BUOW that may
occupy the site in the future are not affected by
construction activities, RCTC’s Resident Engineer will
require the design/build contractor to have
preconstruction BUOW surveys conducted by a
Designated Qualified Biologist within 30 days prior to any
phase of construction in the areas identified as potential
BUOW habitat. These preconstruction surveys are also
required to comply with the Western Riverside County
Multiple Species Habitat Conservation Plan (MSHCP),
the federal Migratory Bird Treaty Act (MBTA), and the
California Fish and Game Code. If any of the
preconstruction surveys determine that BUOW are
present, one or more of the following mitigation
Final EIR/EIS Design Builder Final design
Burrowing Owl Surveys completed
in September 2013.
Based on BUOW PA&ED reports,
habitat indicators were present
during the survey to merit
preconstruction survey.
Seven jurisdictional features with
potentially-suitable BUOW habitat
were located within the Biological
Survey Area (BSA). No BUOW, or
their sign, were located within the
CDFW jurisdictional features or their
buffer during the protocol surveys. All
seven drainages contained burrows
and habitat that has the potential to
support BUOW, but were all
impacted by human disturbance and
noise and were generally limited to
1/6/2017 AT
100%
complete for
Initial Phase
X
Page 9-46
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
measures may be required:
(1) avoidance of active nests/burrows and surrounding
buffer area during construction activities;
(2) passive relocation of individual owls;
(3) active relocation of individual owls; and
small open areas with limited
foraging area necessary to support
BUOW.
(4) preservation of on-site habitat with long-term
conservation value for the owl. The specifics of the
required measures will be coordinated among the
Department District Biologist, RCTC’s Project Manager,
RCTC’s Resident Engineer, the design/build contractor,
the design/build contractor’s Designated Qualified
Biologist, and the resource agencies.
RCTC’s Resident Engineer will ensure that any BUOW
measures determined to be required based on the
results of the preconstruction surveys and the required
coordination are properly implemented by the
design/build contractor prior to and during construction in
the BUOW areas identified in the surveys.
Final EIR/EIS
100%
complete for
Initial Phase
X
AS-2
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
identify all areas of potential bat habitat within the project
footprint or in the immediately surrounding areas and will
designate those areas on the project specifications.
RCTC’s Project Manager will require the design/build
contractor to have a Designated Qualified Bat Biologist
survey all potential bat habitat in June, prior to
construction, to assess the potential for the presence of
maternity roosts because maternity roosts are generally
formed in late spring. The Designated Qualified Bat
Biologist will also perform preconstruction surveys
because bat roosts can change seasonally. The surveys
will include a combination of structure inspection,
sampling, exit counts, and acoustic surveys.
Final EIR/EIS Design Builder Final design
Bat habitat within the project area
has been identified on project
specifications. The Designated
Qualified Bat Biologist has and
continues to complete bat surveys
per AS-2.
Bat Survey Report approved on
12/17/13.
2/2/17;
7/31/17
AT
AT
100%
complete for
Initial Phase
X
AS-3
To avoid direct mortality to bats roosting in areas subject
to effects from construction activities, RCTC’s Resident
Engineer will require the design/build contractor to
ensure that any structure with potential bat habitat will
have temporary bat exclusion devices installed under the
supervision of the Designated Qualified Bat Biologist
prior to construction. The installation of the exclusion
devices will be conducted during the fall (September or
October) to avoid trapping flightless young inside during
Final EIR/EIS Design Builder Prior to
construction
Bat exclusionary devices have been
installed in structures with potential
bat habitat per requirements set forth
in AS-3.
8/21/2015 SB
100%
complete for
Initial Phase
X
Page 9-47
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
the summer months or hibernating individuals during the
winter. Such exclusion efforts must be continued to keep
the structures free of bats until the completion of
construction. Replacement roosting habitat may also be
needed to minimize effects to excluded bats. All bat
exclusion techniques will be coordinated among the
California Department of Transportation (Department)
District 8 Biologist, the Department District 12 Biologist,
RCTC’s Project Manager, RCTC’s Resident Engineer,
the design/build contractor, the design/build contractor’s
Designated Qualified Bat Biologist, and the resource
agencies.
AS-4
As required in Measure NC-10, RCTC’s Resident
Engineer will ensure that all construction work on bridges
will take place during the day to the best extent feasible.
Limited evening and/or night construction may be
required for safety and/or operations reasons. The RCTC
Project Engineer will require the design/build contractor
to include construction management measures to direct
lighting and noise away from bat night roosting areas in
the project specifications. The RCTC Resident Engineer
will require the design/build contractor to implement
those measures during evening and night construction
as much as possible while providing for safe facility
operations and construction worker safety.
Final EIR/EIS Design Builder During
construction
A Wildlife Crossing Noise and
Lighting Plan was approved by
RCTC in July 2014 and submitted to
CDFW to address construction
activities that are required to be
completed during night time hours.
Design Builder actively ensuring that
wildlife corridors are kept clear of
equipment and falsework.
1/6/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
AS-5
RCTC’s Project Engineer will ensure that the final design
specifically addresses keeping riparian vegetation
delineated on the project specifications that is adjacent
to bat roosting sites (which include crevices in bridges,
culverts, and overhead structures) intact during
construction per measures included in the project
specifications. Prior to and during construction, RCTC’s
Resident Engineer will require the design/build contractor
to properly implement the measures in the project
specifications to keep riparian vegetation adjacent to bat
roosting sites intact.
Final EIR/EIS Design Builder
Prior to and
during
construction
Riparian vegetation adjacent to bat
roosting habitat has been identified
on ESA exhibits.
1/25/17;
11/6/17
AT
AT
100%
complete for
Initial Phase
X
AS-6
To prevent project effects to bridge- and crevice-nesting
birds (i.e., swifts and swallows), RCTC’s Resident
Engineer will require the design/build contractor to
ensure that all work on existing bridges with potential
habitat that is conducted between February 15 and
October 31 includes removal of all bird nests prior to
construction under the guidance and observation of the
Final EIR/EIS Design Builder During
construction
Removal of bird nests, prior to
construction in bridge areas with
potential habitat, occurred to the
extent possible.
Exclusionary efforts, as described in
AS-6 were implemented with
supervision of a designated biologist.
5/12/17;
11/20/17
AT
AT
100%
complete for
Initial Phase
X
Page 9-48
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
Designated Qualified Biologist prior to February 1 of that
year, before the swallow colony returns to the nesting
site. Removal of swallow nests that are under
construction must be repeated as frequently as
necessary to prevent nest completion or until a nest
exclusion device is installed (such as netting or a similar
mechanism that keeps birds from building nests). Nest
removal and exclusion device installation will be
monitored by the Designated Qualified Biologist. Such
exclusion efforts must be continued to keep the
structures free of swallows until September or
completion of construction. All nest exclusion techniques
will be coordinated among the Department District 8
Biologist, the Department District 12 Biologist, RCTC’s
Project Manager, RCTC’s Resident Engineer, the
design/build contractor, the design/build contractor’s
Designated Qualified Biologist, and the resource
agencies.
Crevices were filled on Bridge 3 with
foam which, while primarily
implemented for bats, also excluded
white throated swifts from potential
roost and nest habitat in this hinge
structure (Oct 2014). The study
excluded birds/bats from bridges to
be demolished during 2015 or 2016.
Installed one-way doors and wire
mesh at soffit weepholes of affected
project bridges (January and
February 2015). Exclusion efforts
continued through the 2017 nesting
season which ended in October.
AS-7
During final design, RCTC’s Project Manager, the
Department District 8 Biologist, the Department District
12 Biologist, and the Designated Qualified Biologist will
determine whether structural features providing existing
bat roosting habitat cannot be permanently retained
following construction. If that is the case, RCTC’s Project
Manager, RCTC’s Project Engineer, the Department
District 8 Biologist, the Department District 12 Biologist,
and the Designated Qualified Biologist will identify
alternative roosting habitat to be installed during project
construction. The project specifications will include
suitable designs and specifications for bat exclusion and
habitat replacement structures.
Prior to and during construction, RCTC’s Resident
Engineer will require the design/build contractor to
properly implement the designs and specifications for bat
exclusion and habitat replacement structures included in
the project specifications. The installation and
maintenance of those structures will be monitored by the
Designated Qualified Biologist.
Final EIR/EIS Design Builder
Final design;
prior to and
during
construction
Bat Panel Habitat installation, at
Bridge 4, was completed on
01/13/14. Bat panel installation, over
Temescal Wash, will be completed in
July 2017.
Retention of structural features
providing bat roosting habitat will be
determined following project
completion.
Installation was completed in July
2017 with bat biologist, Jill
Carpenter, present.
Details regarding panel installation
locations and dates will be discussed
in the Post-Construction Monitoring
Report; which will be submitted to
resource agencies.
7/10/17;
7/31/17
AT
AT
100%
complete for
Initial Phase
X
AS-8
RCTC’s Resident Engineer will require the design/build
contractor to install and maintain silt fence barriers at all
staging or construction areas at Coal Canyon and areas
within Chino Hills State Park (CHSP) to prevent small
animals from entering those areas.
Final EIR/EIS Design Builder During
construction
Silt fence barriers at Coal Canyon
and areas within Chino Hills State
Park have been installed and will be
maintained throughout project
construction.
12/29/2016 AT
Overall 95%
Complete and
will remain so
until project
completion;
X
Page 9-49
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
however,
100%
complete for
Initial Phase
TE-1
Prior to any ground disturbing activities, an individual will
be identified as the Designated Biologist. A qualified
Designated Biologist must have a Bachelor’s degree with
an emphasis in ecology, natural resource management,
or related science; 3 years of experience in field biology
or current certification of a nationally recognized
biological society, such as The Ecological Society of
America or The Wildlife Society; previous experience
with applying the terms and conditions of a Biological
Opinion; and the appropriate permit and/or training if
conducting focused or protocol surveys for listed
species.
The Riverside County Transportation Commission
(RCTC) will ensure the Designated Biologist position is
filled throughout the construction period. Each
successive Designated Biologist (if applicable) will be
approved by the United States Fish and Wildlife Service
(USFWS) and California Department of Fish and Game
(CDFG) (hereafter referred to as the Wildlife Agencies).
The Designated Biologist will have the authority to
ensure compliance with conservation measures and will
be the primary agency contact for the implementation of
these measures. The Designated Biologist will have the
authority and responsibility to halt activities that are in
violation of the conservation measures.
Final EIR/EIS Design Builder Prior to
disturbance
Designated Qualified Biologists meet
all of the criteria set forth in TE-1 and
have been approved by each agency
listed in commitment TE-1.
8/25/2015 SB
100%
complete for
Initial Phase
X
TE-2
To minimize adverse effects from dust during all site
disturbance, grading, and construction activities, the
design/build contractor will ensure that all active parts of
the construction site are watered a minimum of twice
daily or more often when needed due to dry or windy
conditions to prevent excessive amounts of dust.
Additionally, the design/build contractor will ensure that
all stockpiled material is sufficiently watered or covered
to prevent excessive amounts of dust.
Final EIR/EIS Design Builder During
construction
Design Builder is implementing
BMPs to minimize dust during
construction.
Daily Quality Assurance Inspection
Reports would have identified any
dust control violations since dust
control was a checklist item. No
violations were identified during
construction.
10/6/2017 AT
Overall 95%
Complete;
however,
100%
complete for
Initial Phase
X
TE-3
All erosion and sediment control devices during project
construction and operation, including fiber rolls and
bonded fiber matrix, will be made from biodegradable
Final EIR/EIS Design Builder During
construction
Design Builder is actively
implementing BMPs per the NPDES
General Construction Permit.
11/20/2017 AT
Overall 95%
Complete;
however,
100%
X
Page 9-50
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
materials such as jute, with no plastic mesh, to avoid
creating a wildlife entanglement hazard.
complete for
Initial Phase
TE-4
During all site disturbance, grading, and construction
activities, the design/build contractor will be required to
control noise from construction activity consistent with
Caltrans Standard Specifications, Section 14-8.02,
“Noise Control,” and the California Department of
Transportation (Caltrans) Standard Special Provisions
S5-310. Noise levels from construction operations within
the State right-of-way between the hours of 9:00 p.m.
and 6:00 a.m. will not exceed 86 A-weighted decibels
(dBA) at a distance of 50 feet (ft) from the noise source.
The noise level requirement will apply to the equipment
on the job site or related to the job, including, but not
limited to, trucks, transit mixers, or transient equipment
that may or may not be owned by the contractor.
Final EIR/EIS Design Builder During
construction
As documented for Noise Measure
N-2, measures to reduce noise from
construction activities were
implemented throughout construction
duration. During July 2014, City of
Corona reviewed and approved a
variance to the noise ordinance to
allow night time work. With regard to
Threatened and Endangered
Species, the designated Project
Biologist monitored for noise
violations that had the potential to
impact wildlife.
6/5/2017 AT
100%
complete for
Initial Phase
X
TE-5
During all site disturbance, grading, and construction
activities in and immediately adjacent to biologically
sensitive areas, Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP)
Conservation Areas, vegetated drainages, and coastal
sage scrub (CSS) in coastal California gnatcatcher
(CAGN) designated critical habitat, the design/build
contractor will be required to control noise from
construction activity by using an alternative warning
method instead of a sound signal unless required by
safety laws. In addition, the contractor will equip all
internal combustion engines with the manufacturer-
recommended mufflers and will not operate any internal
combustion engine on the job site without the
appropriate mufflers. As directed by the RCTC Resident
Engineer, the contractor will implement appropriate
additional noise mitigation measures, including changing
the location of stationary construction equipment, turning
off idling equipment, rescheduling construction activity,
notifying adjacent residents in advance of construction
work, and installing acoustic barriers around stationary
construction noise sources.
Final EIR/EIS Design Builder During
construction
Noise control measures were taken
during all site disturbance, grading,
and construction activities in and
immediately adjacent to biologically
sensitive areas except for one
instance in early 2017 at the NW
quadrant of the 91/71 interchange.
The PCM biologist paused the
activity and advised the construction
team on appropriate measures.
Documentation is provided in
Biological Resource Monitoring
Reports.
Documentation prepared for
Measure N-2 (Noise) details
measures taken to keep the public
informed about potentially noisy
construction activities.
10/6/2017 AT
100%
complete for
Initial Phase
X
TE-6
In accordance with the Municipal Codes of the Cities of
Anaheim, Corona, Riverside, and Norco, the design/build
contractor will be required to limit construction activities
to between the hours of 7:00 a.m. and 7:00 p.m.,
Monday through Friday, excluding weekends and
Final EIR/EIS Design Builder During
construction
During July 2014, City of Corona
reviewed and approved a variance to
the noise ordinance to allow night
time work.
A Wildlife Crossing Noise and
1/6/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
X
Page 9-51
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
holidays. If construction is needed outside those hours or
days, the design/build contractor will be required to
coordinate with the affected local jurisdiction. If the local
jurisdiction approves construction hours that are different
from those imposed by this measure, then the
design/build contractor will immediately request that
RCTC consider a modification to this measure to allow
construction during the new hours that the local
jurisdiction approved.
Lighting Plan was approved by
RCTC in July 2014 and submitted to
CDFW to address construction
activities that are required to be
completed during night time hours.
however,
100%
complete for
Initial Phase
TE-7
In the major wildlife movement corridors at, Coal
Canyon, Wardlow Wash, and Fresno Canyon, and areas
adjacent to least Bell’s vireo and CAGN occupied areas
(approximately Post Mile [PM] ORA-91-R17.16 to PM
ORA-91-R18.74), construction activities will be limited to
between the hours of 7:00 a.m. and 7:00 p.m., Monday
through Friday. Should an exception to this measure be
necessary, RCTC and the California Department of
Transportation (Department) will consult with the Wildlife
Agencies to determine effective measures to avoid and
minimize adverse impacts to these species and
movement corridors.
Final EIR/EIS Design Builder During
construction
A Wildlife Crossing Noise and
Lighting Plan was approved by
RCTC in July 2014 and submitted to
CDFW to address construction
activities that are required to be
completed during night time hours.
1/6/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
TE-8
Braunton’s Milk-vetch Conservation Measures. A pre-
construction survey will be conducted prior to ground
disturbing activities in the vicinity of the historical
occurrence in Coal Canyon in Orange County. This
survey will be conducted by a biologist familiar with the
species and during the appropriate time of year to
optimize detection.
Should Braunton’s milk-vetch be found during surveys,
the Designated Biologist will consult with the USFWS to
determine effective measures to avoid and minimize
adverse impacts to this species.
Final EIR/EIS Design Builder Prior to
construction
Report submitted to USFWS in July
2014.8/28/2015 SB
100%
complete for
Initial Phase
X
TE-9
Coastal California Gnatcatcher Conservation and
Compensatory Measures. The Designated Biologist (or
their designee) will monitor construction within the
vicinity of CAGN-designated critical habitat areas prior to
and during site preparation, grading, and construction
activities, to flush any wildlife species present prior to
construction and to ensure that vegetation removal, best
management practices (BMPs), Environmentally
Sensitive Areas (ESAs), and all avoidance and
minimization measures are properly implemented and
followed.
Final EIR/EIS Design Builder During
construction
Carol Thompson (designated
biologist) currently monitors CSS
area within the project footprint on a
weekly basis. She also monitored
any construction work near any CSS
areas.
John Parent became the designated
biologist in early 2016.
11/30/2016 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
Page 9-52
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
TE-10
RCTC will offset the permanent loss of 8.42 acres (ac) of
occupied CAGN habitat in Orange County, including 6.32
ac of designated critical habitat, by restoring 16.03 ac of
habitat suitable for CAGN breeding, dispersal, and
foraging in Chino Hills State Park (CHSP) to be
conducted during the Initial Phase of the project. If
restoration is unable to be conducted in CHSP, another
location will be selected on approval of the Wildlife
Agencies.
Final EIR/EIS RCTC After
construction
Compensatory Mitigation Plans for
CAGN and LBV was approved in
September of 2014. Restoration work
began in 2015
5/18/2017 AT
100%
complete for
Initial Phase
X
TE-11
RCTC will offset the temporary loss of 3.01 ac of
occupied CAGN habitat in Orange County, including 2.09
ac of CAGN-designated critical habitat, with in-kind, or
better, on-site restoration after the completion of project
construction.
Final EIR/EIS RCTC After
construction
Compensatory Mitigation Plans for
CAGN and LBV was approved in
September of 2014. Restoration work
began in 2015
5/18/2017 AT
100%
complete for
Initial Phase
X
TE-12
Prior to site preparation, grading or construction
activities, a restoration plan will be developed by a
qualified biologist for the permanent and temporary
impacts to occupied CAGN habitat in Orange County,
including designated critical habitat. The plan will be
submitted to the USFWS for review and approval. This
plan will include, at a minimum, a detailed description of
restoration methods, slope stabilization/erosion control,
criteria for restoration to be considered successful, and
monitoring and reporting protocol(s).
The restoration plan will be implemented for a minimum
of 5 years, unless success criteria are met earlier and all
artificial watering has been off for at least 2 years.
Final EIR/EIS Design Builder Prior to
construction
Compensatory Mitigation Plans for
CAGN and LBV was approved in
September of 2014. Restoration work
will begin in 2015
After both resource agency and
Caltrans review, Caltrans accepted
DESN0392.6 California Gnatcatcher
Habitat and Temporary Impacts
Restoration Plan on Fwd:
DESN0392.6 California Gnatcatcher
Habitat and Temporary Impacts
Restoration Plan on 2/12/2018,
constituting closure of this measure.
Closure of this measure was
reconfirmed during the 2/12/2018
ECR Meeting. During this meeting, it
was determined that additional
comment from CDFW's Jeff Brandt
(unrelated to this measure) will be
addressed in the Bat Management
Plan. USFWS previously concurred
on 2/5 that information regarding
bats is not required as part of the
restoration plan.
2/5/18;
2/12/18
JLS
JLS
Overall 80%
Complete;
however,
100%
complete for
Initial Phase
X
TE-13
During all site preparation, grading, and construction
activities in Orange County, the RCTC Resident
Engineer, will require the design/build contractor to use
Final EIR/EIS Design Builder During
construction
Shielded lighting measures are being
implemented during nighttime
construction in areas adjacent to
11/30/2016 AT
Overall 95%
Complete and
will remain so
X
Page 9-53
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
shielded lighting for any nighttime construction adjacent
to coastal sage scrub in CAGN-designated critical
habitat.
coastal sage scrub and CAGN
designated critical habitat.
until project
completion;
however,
100%
complete for
Initial Phase
TE-14
Riparian Birds Conservation Measures. During the bird
breeding season (i.e., February 15–September 15), the
Designated Biologist (or their designee) will monitor
riparian and riverine areas within 500 ft of active
construction areas for the duration of the construction in
those areas to survey for active nests and/or nesting
activity to ensure breeding activities are not disrupted
and to ensure vegetation removal, BMPs, ESAs, and all
avoidance and minimization measures are properly
implemented.
Final EIR/EIS Design Builder During
construction
Bird monitoring completed for 2014
season. Monitoring continuing for
2015 season. Nest Monitoring is
occurring during 2015 nesting
season within 500' buffer area at
91/71 interchange; include 2016
buffer variance info.
11/30/2016 AT
100%
complete for
Initial Phase
X
TE-15
Measure for Light Intrusion and Wildfires. To minimize
adverse effects from light intrusion from vehicle
headlights and the potential threat of increased fires from
the operation of State Route 91 (SR-91), during final
design, the Department and RCTC will work with the
USFWS to investigate the possibility of adding features
along SR-91 in the vicinity of the Coal Canyon wildlife
crossing in Orange County. For example, consideration
can be given to the placement of K-rail, concrete walls,
and/or hardscaping barriers along the shoulder of SR-91.
In investigating these features, consideration must be
given to motorist safety, freeway operations, vehicle
headlight mitigation and the potential fire threat.
Final EIR/EIS RCTC Ultimate
Phase
WB 3-foot barrier included in final
design between SR 71 and Orange
County line.
Coordination also occurred with
resource agencies to explore
possible improvements at the Coal
Canyon Wildlife Crossing.
To be completed during Ultimate
Phase.
7/10/17;
7/31/17;
12/4/17
ATx3
100%
complete for
Initial Phase
X
TE-16
Santa Ana Sucker Conservation Measures. The United
States Army Corps of Engineers (Corps) is in the
process of constructing the Santa Ana River (SAR)
Reach 9 Phase 2 Green River Golf Club Embankment
Protection Project within the action area. Following
completion of the embankment construction, perennial
stream habitat for the Santa Ana sucker will be
reestablished within the construction footprint. The
Department and RCTC will coordinate with the Corps
during construction of the SR-91 CIP to ensure these
restoration areas will not be temporarily or permanently
impacted during construction of the SR-91 CIP.
Final EIR/EIS Design Builder During
construction
Initial Phase construction does not
require widening westbound stretch
between SR-71 and SR-241, the
area likely to affect releases from
Prado Dam. The Ultimate Phase
requires the addition of a general
purpose lane; which would require
coordination with ACOE for potential
impacts to the Santa Ana River
Canyon Habitat Management Area.
8/25/2017 AT
100%
complete for
Initial Phase
X
Page 9-54
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
TE-17
The Department and RCTC will coordinate with the
Corps during construction to ensure that the SR-91 CIP
will not affect releases from Prado Dam or result in a
permanent reduction of acreage within the Santa Ana
River Canyon Habitat Management Area.
Final EIR/EIS Design Builder During
construction
Initial Phase construction does not
require widening westbound stretch
between SR-71 and SR-241, the
area likely to affect releases from
Prado Dam. The Ultimate Phase
requires the addition of a general
purpose lane; which would require
coordination with ACOE for potential
impacts to the Santa Ana River
Canyon Habitat Management Area.
8/25/2017 AT
100%
complete for
Initial Phase
X
IS-1
During final design, Riverside County Transportation
Commission (RCTC) Project Engineer will direct a
qualified landscape architect develop a weed abatement
program for inclusion in the project specifications. That
program will be developed in compliance with Executive
Order (EO) 13112 to minimize the potential for intrusion
or export of invasive plant species to and from the
biological study area (BSA) during project construction.
At a minimum, the following will be included in the weed
abatement program and implemented prior to and during
construction to address potential effects associated with
invasive species:
Final EIR/EIS Design Builder
Final design;
prior to
construction
Weed Abatement Plan approved in
April of 2014 and is being
implemented during construction;
weed species of concern is Brassica
and is currently being monitored.
8/25/2015 SB
100%
complete for
Initial Phase
X
IS-1a
RCTC’s Resident Engineer will require the design/build
contractor to inspect and clean construction equipment
at the beginning and end of each day and prior to
transporting equipment from one project location to
another.
RCTC’s Resident Engineer will require the design/build
contractor to limit soil and vegetation disturbance to
those areas specifically required for the project
construction.
Final EIR/EIS Design Builder During
construction
As part of the NPDES GCP,
construction equipment is being
inspected. prior to leaving the project
site.
This measure was closed during the
1/29/2018 ECR Meeting. During the
meeting a review of the AW
Memorandum transmitted 1/22/2018
determined completion of compliance
with this measure. This
Memorandum included confirmation
of Equipment Inspection and
Cleaning as well as a copy of the
memorandum submitted for
compliance with Measure IS-1b.
1/29/2018 JLS
100%
complete for
Initial Phase
X
IS-1b
RCTC’s Resident Engineer will require the design/build
contractor to obtain soil, gravel, and rock from weed-free
sources.
RCTC’s Resident Engineer will require the design/build
Final EIR/EIS Design Builder During
construction
The project did not require the import
of soil. Gravel and rock were
obtained from weed-free sources.
12/4/2017 AT
95%
Complete;
however,
100%
X
Page 9-55
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
contractor to use only certified weed-free straw, mulch,
and/or fiber rolls for erosion control during construction.
complete for
Initial Phase
IS-1c
Prior to the completion of construction, RCTC’s Resident
Engineer will require the design/build contractor to
revegetate affected areas adjacent to native vegetation
with plant species that are native to the vicinity and
approved by the California Department of Transportation
(Department) District 8 and District 12 Biologists.
Final EIR/EIS Design Builder During
construction
Restoration work for impacts to CSS
in Orange County began in Oct. 2017
per contract with IERCD.
After both resource agency and
Caltrans review, Caltrans accepted
DESN0392.6 California Gnatcatcher
Habitat and Temporary Impacts
Restoration Plan on Fwd:
DESN0392.6 California Gnatcatcher
Habitat and Temporary Impacts
Restoration Plan on 2/12/2018,
constituting closure of this measure.
Closure of this measure was
reconfirmed during the 2/12/2018
ECR Meeting. During this meeting, it
was determined that additional
comment from CDFW's Jeff Brandt
(unrelated to this measure) will be
addressed in the Bat Management
Plan. USFWS previously concurred
on 2/5 that information regarding
bats is not required as part of the
restoration plan.
11/15/17;
2/5/18;
2/12/18
AT
JLS
JLS
100%
complete for
Initial Phase
X
IS-1
RCTC’s Resident Engineer will require the design/build
contractor to not use any species listed in the California
Invasive Plant Council (Cal-IPC) California Invasive Plant
Inventory with a high or moderate rating in revegetation.
Final EIR/EIS Design Builder During
construction
Although included in the approved
Landscaping Plans, Washingtonia
Robusta (Mexican Fan), was
removed from the Historic District in
July 2017.
Design packages final approvals:
Package A - 1/18/16
Package B - 5/16/17
Package C - 5/17/17
Package D - 5/17/17
Package E - 5/17/17
Package F - 5/18/17
Package G - 5/18/17
6/1/2017 AT
100%
complete for
Initial Phase
X
IS-1d
After construction, RCTC’s Resident Engineer will
ensure that erosion control and revegetation sites are
monitored until achievement of the performance
Final EIR/EIS Design Builder After
construction 7/31/2017 AT
Overall 95%
Complete;
however,
X
Page 9-56
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
standards included in the weed abatement program or
for a period of 2 to 3 years after installation to detect
nonnative species prior to the establishment of the native
vegetation.
100%
complete for
Initial Phase
IS-1e
RCTC’s Resident Engineer will require the design/build
contractor and the post-construction monitors to
implement eradication procedures (e.g., spraying and/or
hand weeding) should an infestation occur. The use of
herbicides will be prohibited within and adjacent to native
vegetation, except as specifically authorized and
monitored by the Department District 8 and District 12
Biologists during and after project construction.
Final EIR/EIS
Design Builder
During
Construction
Perform weed abatement, during
construction, as required per the
Weed Abatement Plan
12/4/2017 AT
Overall 95%
Complete;
however,
100%
complete for
Initial Phase
X
Final EIR/EIS After
construction
Restoration Plan includes weed
abatement measures.12/4/2017 AT
Overall 95%
Complete;
however,
100%
complete for
Initial Phase
X
IS-1f
During construction, RCTC’s Resident Engineer will
require the design/build contractor to reduce indirect
impacts of exotic plant infestations and litter by regular
roadside maintenance to remove litter and weeds from
the right-of-way.
Because the Department already conducts regular
ongoing maintenance of landscaping in the State right-
of-way, no additional project-specific measures for
invasive species are required during project operations.
Final EIR/EIS Design Builder During
construction 11/6/2017 AT
Overall 95%
Complete and
will remain so
until project
completion;
however,
100%
complete for
Initial Phase
X
HW-15
For buildings that would be demolished as part of ROW
acquisition and/or construction, Asbestos Containing
Material (ACM) and Lead Based Paint (LMP) testing
shall be performed after ROW acquisition and prior to
building demolition.
Revalidation #2 for
Initial Phase Design Builder During
construction
ACM and LBP testing completed as
part of the ROW acquisition process.1/1/2017 AT
100%
complete for
Initial Phase
X
HW-16
Herbicide, pesticide, and fungicide testing shall be
performed on the soils within acquired ROW at the
Green River Golf Club (5215 Green River Road, Corona,
CA).
Revalidation #2 for
Initial Phase Design Builder During
construction
Since recent grading work has
already been completed at the Green
River Golf Club, no additional testing
is necessary.
5/31/2016 AT
100%
complete for
Initial Phase
X
HW-17
Prior to demolition, RCTC’s Project engineer will require
the design/build contractor to conduct pre-demolition
asbestos and lead based paint (LBP) surveys at the I-
15/6th Street overcrossing and the I-15 southbound
connector. Any recommendations resulting from the
asbestos and LBP surveys shall be implemented.
"Revalidation
Measures"Design Builder During
construction
Leighton Report completed and
submitted as of August 2014.9/13/2017 AT
100%
complete for
Initial Phase
X
Page 9-57
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
V-6
Prior to the implementation of the 2:1 slopes in the area
between Bridge Nos. 56-0637 Prado OH and 56-0634
West Prado OH, RCTC will ensure that the design/build
contractor will minimize the impacts for the loss of visual
quality by incorporating V-2 measures as approved by
Caltrans and the permitting agencies.
Revalidation #6 for
Initial Phase Design Builder During
construction
Design packages final approval:
Package B - 5/16/17
2/23/17;
7/10/17
AT;
AT
100%
complete for
Initial Phase
X
N-6
ReVal 14a - Since a portion of the proposed sound
barrier is outside the State right of way, a permanent
easement will be secured for the affected properties to
construct and maintain the noise abatement measure –
the wall return of barrier P-1A, approximately 150’ long.
The property owners will enter into a contract with
RCTC, on behalf of Caltrans, that specifies their
agreement:
• To allow RCTC personnel, representatives, and
contractors to enter their property for purposes of
constructing the noise abatement measure and all other
related work.
• To allow RCTC personnel and representatives to enter
their property with appropriate prior notification for the
purpose of periodic inspection or structural repair of the
noise abatement measure.
• To accept aesthetic maintenance responsibility of their
respective portion of the noise abatement measure upon
its completion and to perpetuate the noise abatement
measure’s initial aesthetic qualities.
• Not to remove the noise abatement measure without
full consent of all other affected property owners and
Caltrans.
Revalidation #14 for
Initial Phase RCTC During
construction
RCTC will work with Caltrans to
ensure that maintenance of item is
completed after substantial
completion of project and access is
available for purposes of constructing
noise abatement measure and all
other related work.
RCTC (Mark Lancaster) submitted
draft Soundwall Maintenance
Agreement to Caltrans Project
Manager for legal review and
approval on 7/18/16.
Soundwall Construction and
Maintenance Easement recorded
09/29/2016.
11/4/2016 AT
100%
complete for
Initial Phase
X
N-7
Reval 12-A: A noise barrier survey, of all property
owners affected by the construction of M-1B Option 2,
will be conducted to constitute a 51 percent minimum
vote in support of this noise barrier.
Reval 12-B: A permanent easement will be secured from
the affected properties to construct and maintain the
noise abatement measure. The contract shall be
between the property owner and Caltrans (RCTC will
secure all maintenance agreements and record
easements on behalf of Caltrans) and the property
owner(s) must agree:
- To allow Caltrans personnel, representatives, and
contractors to enter their property for purposes of
constructing the noise abatement measure and all other
Revalidation #14 for
Initial Phase RCTC During
construction
RCTC will work with Caltrans to
ensure that maintenance of item is
completed after substantial
completion of project and access is
available for purposes of constructing
noise abatement measure and all
other related work.
A 2/26/2018 memorandum
transmitted from RCTC to Caltrans
indicated RCTC will accept
responsibility for maintenance of
walls until the time an agreement is
reached with each property owner.
9/13/17;
2/26/18
AT;
JLS
100%
complete for
Initial Phase
X
Page 9-58
ECR ID Avoidance, Minimization, and/or Mitigation Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible
for
Development
and/or
Implementation
of Measure
Timing/Phase Action(s) Taken to Implement
Measure
Measure
Completed
(Date and Initials)
Remarks
Environmental
Compliance for
Initial Phase
YES / NO
related work.
- To allow Caltrans personnel and representatives to
enter their property with appropriate prior to notification
for the purpose of periodic inspection or structural repair
of the noise abatement measure.
- To accept aesthetic maintenance responsibility of their
respective portion of the noise abatement measure upon
its completion and to perpetuate the noise abatement
measure’s initial aesthetic qualities.
- Not to remove the noise abatement measure without
full consent of all other affected property owners and
Caltrans.
- That the contract provisions will be a permanent burden
on the property involved. Caltrans District right of way
will determine specific wording that, at a minimum, must
include the following provision: “The term of this contract
shall be a burden that runs with the land, and shall inure
and be binding upon the successors, assignees, or
transferees of the property owner.”
Reval 12-C: RCTC will obtain a variance from the County
of Riverside’s Planning Department for portions of NB M-
1B that exceed allowable wall height.
The RCTC memorandum was
accepted as completion of
compliance for this measure during
the 2/26/2018 ECR meeting.
Page 10-1
ATTACHMENT 10
Environmental Commitments Record
for the Ultimate Project
Page 10-2
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
LU-1
If a Build Alternative is selected for implementation,
the Riverside County Transportation Commission
(RCTC) will request the County of Riverside, the
County of Orange, and the cities along the
alignments of State Route 91 (SR 91) and Interstate
15 (I-15) to amend their respective General Plans to
reflect the selected SR-91 Corridor Improvement
Project (CIP) alternative and the modification of land
use designations for properties that would be
acquired for the project which are not currently
designated for transportation uses.
Final EIR/EIS RCTC
PR-1
During final design/construction of the Initial Phase,
RCTC will contribute $100,000 to the planning and
implementation of improvements in that area that
would support and expand regional trail connectivity.
Final EIR/EIS RCTC Final design/
construction
PR-2
During final design/construction of the Initial Phase,
RCTC will coordinate with State Parks on the
aesthetic features that will be included in the project
specifications for the proposed retaining wall facing
CHSP between SR-71 and the westbound Green
River Road off-ramp, consistent with the aesthetic
and features required in Measure V 2. The aesthetic
treatment will include a texture to simulate a natural
type appearance such as a soil or rock surface, or
equivalent.
Final EIR/EIS RCTC/Design
Builder
Final design/
construction
PR-3
To minimize nighttime noise impacts to Chino Hills
State Park (CHSP):
1. RCTC’s Resident Engineer will require the
design/build contractor to limit the hours of
construction in CHSP to daylight hours (7:00 a.m. to
7:00 p.m.), with the exception of limited periods when
evening or night construction is necessary for
operational reasons. Operational reasons may
include the desire to conduct certain construction
activities; such as closing multiple ramps or travel
lanes, during night hours to minimize delays to the
traveling public. Any night construction must be
approved in writing by the RCTC Resident Engineer
and coordinated with the District 8 and 12 biologists,
the USFWS, and CDFG.
Final EIR/EIS Design Builder During
Construction
2. Other Commitments by RCTC Relevant to Chino
Hills State Park. RCTC has committed to an
additional action in the Coal Canyon area, as follows.
A stand-alone project will be developed to construct
barriers on the south and north sides of SR-91 to
shield headlight glare and freeway noise. The
required barriers are estimated to be approximately
1,500 feet and 1,300 feet long on the south and north
Final EIR/EIS RCTC Future Project
Page 10-3
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
sides of SR-91 respectively. The project will follow
environmental process requirements and engage
subject area experts to establish the specific
requirements and effectiveness of the proposed
barriers to meet the project purpose as well as
ensure safety and structural standards are met. In
consideration of and reliance on the needs of State
Parks and other open space plans that depend on
Chino Hills State Park, and subject to environmental
review, RCTC commits to build this barrier in tandem
with the completion of the SR-91 widening in this
area currently planned for completion in 2035. RCTC
intends to work with the Department and other
agencies to fund and implement this project.
CI-2
Where property acquisition and relocation are
unavoidable, RCTC’s Right-of-Way Agents will follow
the provisions of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970
(Uniform Act) and the 1987 Amendments as
implemented by the Uniform Relocation Assistance
and Real Property Acquisition Regulations for
Federal and Federally Assisted Programs. Appendix
D in the Environmental Impact Report/Environmental
Impact Statement (EIR/EIS) provides a summary of
the RCTC Relocation Assistance Program for
implementing the Uniform Act.
For properties where a partial acquisition results in
the removal of some or all of the parking for the
property, RCTC’s Right-of-Way Agents will conduct
parking studies to investigate the use of adjacent
acquisitions for replacement parking, reconfiguring
the remaining parking spaces and lots on the
property, restriping parking spaces, enlarging parking
lots, and reconfiguring driveways and/or delivery
locations to reduce the project effects on the
property.
Final EIR/EIS RCTC
Prior to
construction;
during
construction
CI-3
Where possible during final design, RCTC’s Right-of-
Way Agents and the Project Engineer will work with
owners of commercial, agricultural, and industrial
uses subject to partial property acquisitions to
reconfigure those uses on site consistent with
applicable local codes and ordinances in such a
manner as to enable them to remain in operation. If a
commercial or industrial partial acquisition cannot be
reconfigured to allow for continued operation,
RCTC’s Right-of-Way Agents will work with the
property owners to either relocate that use to land
designated for that given land use, preferably within
Final EIR/EIS RCTC Prior to
construction
Page 10-4
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
the boundaries of the study area or to provide
compensation for the land pursuant to the provisions
of the Uniform Act. If an agricultural use cannot be
reconfigured to allow for its continued operation, the
property owner will be compensated pursuant to the
provisions of the Uniform Act as required in Measure
CI-2 and the agricultural use will be discontinued.
CI-4
During final design and property acquisition, the
RCTC Project Engineer and Right-of-Way Agents will
work with billboard/property owners, the City of
Corona, and the California Department of
Transportation’s (Department) Outdoor Advertising
Unit to find locations for relocating the affected
billboards, within the existing sites where the
billboards are currently located or other sites in the
City where billboards are allowed. The Right-of-Way
Agents will work with the City and the Department’s
Outdoor Advertising Unit to ensure that the sites for
the relocated billboards comply with the requirements
in the City of Corona Municipal Code and the
Outdoor Advertising Act and Regulations. The Right-
of-Way Agents will also work with the
billboard/property owners to develop Billboard
Relocation Agreements with the City of Corona.
Final EIR/EIS RCTC Final design/
construction
UES-1
During final design, the Riverside County
Transportation Commission’s (RCTC) Project
Engineer will prepare utility relocation plans in
consultation with the affected utility providers/owners
for those utility facilities anticipated to be relocated,
removed, and protected in-place. Final design will
focus on avoiding utility relocations. If relocation is
necessary, final design will focus on relocating
utilities within the State right-of-way or within other
existing public rights-of-way and/or easements. If
relocation outside of existing or the additional public
rights-of-way and/or easements required for the
project is necessary, final design will focus on
relocating those facilities in such a manner as to
minimize environmental impacts as a result of project
construction and ongoing maintenance and repair
activities. The utility relocation plans will be included
in the project specifications. Prior to and during
construction, the RCTC Resident Engineer will
ensure that the components of the utility relocation
plans provided in the project specifications are
properly implemented by the design/build contractor.
Final EIR/EIS Design
Builder/RCTC
Prior to
construction;
during
construction
UES-2 Prior to and during construction, RCTC’s Resident
Engineer will require the design/build contractor to Final EIR/EIS Design Builder Prior to
construction;
Page 10-5
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
coordinate all temporary ramp and lane closures and
detour plans with law enforcement, fire protection,
and emergency medical service providers to
minimize temporary delays in emergency response
times as part of the Final Transportation
Management Plan (TMP) and Final Ramp Closure
Study required in Measures T-1 and T-2, including
the identification of alternative routes and routes
across the construction areas for emergency vehicles
developed in coordination with the affected agencies.
during
construction
UES-3
Prior to and during any construction activities, the
RCTC Project Engineer will require the design/build
contractor to implement the following to minimize the
risk of fires during construction: Coordinate with the
applicable local fire department to identify and
maintain defensible spaces around active
construction areas.; Coordinate with the applicable
local fire department to identify and maintain
firefighting equipment (extinguishers, shovels, water
tankers) in active construction areas.; Prohibit the
use of mechanized equipment or equipment that
could throw off sparks in areas adjacent to open
space or undeveloped land, including areas adjacent
to CHSP.; Post emergency services phone numbers
(fire, emergency medical, police) in visible locations
in all active construction areas.
Final EIR/EIS Design Builder
Prior to
construction;
during
construction
UES-4
The final design of the SR-91 CIP Build Alternatives
will include closing gaps so there is the equivalent of
a continuous barrier 30 to 36 inches high on the edge
of the shoulder on both westbound and eastbound
SR-91 from SR-71 to SR-241, as follows: 2. Ultimate
Project: Close gaps to provide an equivalent
continuous barrier 30 to 36 inches high on the edge
of shoulder on SR-91 in both directions between
Green River Road and SR-241 meeting Department
standards applicable at the time.
Final EIR/EIS RCTC Prior to
construction
T-1
Transportation Management Plan. During final
design, the Riverside County Transportation
Commission’s (RCTC) Project Engineer direct a
qualified traffic engineer to prepare the Final Traffic
Management Plan (TMP), which will be based on the
Preliminary TMP developed for the Project Report, to
address specific short-term traffic impacts during
construction of the project. The objectives of the Final
TMP are to: Maintain traffic safety during construction
Effectively maintain an acceptable level of traffic flow
throughout the transportation system during
construction Minimize traffic delays and facilitate
Final EIR/EIS RCTC/Design
Builder
Prior to
construction
Page 10-6
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
reduction of overall duration of construction activities
Minimize detours and impacts to pedestrians and
bicyclists Foster public awareness of the project and
related impacts Achieve public acceptance of
construction of the project and the Final TMP
measures.
RCTC will submit the Final TMP to the California
Department of Transportation (Department) for
review and approval during final design and prior to
any construction activities.
The existing Preliminary TMP and Ramp Closure
Study contains the following elements intended to
reduce traveler delay and enhance traveler safety.
These elements will be refined during final design
and incorporated in the Final TMP for implementation
during project construction.
Public Information/Public Awareness Campaign
(PAC). The primary goal of the PAC is to educate
motorists, business owners/operators, residents,
elected officials, and government agencies about
construction activities and associated impacts. The
PAC is an important tool for reaching target
audiences with important construction project
information and will include, but not be limited to:
Rideshare information Brochures and mailers Media
releases Paid advertising Public meetings Broadcast
fax and email services Telephone hotline Notification
to targeted groups Commercial traffic reporters/feeds
Project website Visual information Local cable
television and news Internet postings
Traveler Information Strategies. The effective
implementation of a traveler information system
during construction is crucial for enabling motorists to
make informed decisions about their travel plans and
options with real-time traffic information. That real-
time traffic information will include information on
lane closures, detours, delays, access to adjacent
land uses, “businesses are open” signing, and other
signing and information to assist travelers in
navigating through and in construction areas. Key
components of this system will include, but not be
limited to: Fixed changeable message signs Portable
changeable message signs Ground-mounted signs
Automated work zone information systems Highway
advisory radio Lane closure website Department
highway information network Bicycle and pedestrian
information Commute Smart website
Incident Management. Effective incident
management will ensure that incidents in
Page 10-7
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
construction areas are cleared quickly and do not
lead to substantial delays for the traveling public
through work zones. Incident management includes,
but is not limited to: Construction Zone Enhanced
Enforcement Program (COZEEP) Freeway service
patrol for construction Traffic surveillance stations
Transportation Management Center Unit 370 Traffic
management team Towing services
Construction Strategies. The Final TMP will include
procedures to lessen the effect of typical construction
activities and will include, but not be limited to,
consideration of the following: Conflicts with other
projects and special events Construction staging
alternatives Mainline lane closures Local road
closures Ramp/connector closures Pedestrian and
bicycle detours and facility closures Traffic control
improvements Coordination with other projects
Project phasing Traffic screens Truck traffic
restrictions
Demand Management. Temporarily reducing the
overall traffic volumes on the project segments of
State Route 91 (SR-91) and Interstate 15 (I-15) could
reduce the short-term adverse effects of construction
on traffic operations. The Final TMP will include, but
not be limited to, the following strategies that could
reduce vehicular demand in the study area during
project construction: Rideshare incentives Transit
services Shuttle services Variable work
hours/telecommuting High-occupancy vehicle (HOV)
lanes/ramps Park-and-ride lots
Alternate Route Strategies. The Final TMP will
provide strategies for notifying motorists, pedestrians,
and bicyclists, especially interregional commuters, of
planned construction activities. This notification will
allow travelers to make informed decisions about
their travel plans, including the consideration of
possible alternate routes. The Final TMP will
consider the development of alternate routes for
motorists to address the following: Mainline lane
closures Ramp/connector closures Local road
closures Temporary highway or shoulder use Local
street improvements Temporary detours and
closures of bicycle and pedestrian facilities Traffic
signal coordination
RCTC’s Resident Engineer will ensure that the
measures in the Final TMP are properly implemented
by the design/build contractor prior to and during
construction.
Page 10-8
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
T-2
Management of Ramp Closures. During final design,
RCTC’s Project Engineer will direct a qualified
environmental planner to develop the Final Ramp
Closure Study to address specific short-term impacts
associated with ramp closures longer than 10 days
during construction. The objectives of the Final Ramp
Closure Study will be to: Minimize inconvenience to
the traveling public.; Minimize closures.; Avoid or
minimize concurrently multiple closures where
possible.; Coordinate closures as needed with other
projects and activities. Prior to and during
construction, RCTC's Resident Engineer will ensure
that the measures included in the Final Ramp
Closure Study are properly implemented by the
design/build contractor.
Final EIR/EIS Design Builder Final design/
construction
T-3
Fair Share Contributions. RCTC’s Project Manager
will ensure that RCTC pays the fair share contribution
for the project-related impacts at area intersections.
The recommended improvements include additional
turn and through lanes. Summaries of the improved
intersection delays and levels of service (LOS) are
provided in Tables T-3.2, T-3.3, and T-3.4 for 2015
with the Initial Phase of Alternative 2, Design Year
2035 with Alternative 1, and Design Year 2035 with
Alternative 2 conditions, respectively.
Final EIR/EIS RCTC During
Construction
T-4
During final design, the RCTC Project Engineer will
ensure that the final design and project specifications
for the widened areas in the undercrossings on SR-
91 and I-15 include appropriate lighting for vehicles
and pedestrians. The RCTC Project Engineer will
also assess the need for additional lighting in the
original parts of the undercrossings in the event the
longer undercrossings result in the need for
additional lighting in those areas. That additional
lighting, if any, will also be shown in the project
specifications. The RCTC Project Engineer will have
any lighting considered at Coal Canyon reviewed and
approved by the Project Biologist prior to
incorporation in the project specifications to ensure
the lighting does not affect the use of Coal Canyon
as a wildlife crossing.
During construction, the RCTC Resident Engineer
will require the design/build contractor to implement
the lighting in undercrossings as shown in the project
specifications.
Final EIR/EIS RCTC/Design
Builder
Final design/
construction
V-1 Structure Elements. To address adverse impacts of
the project structures, the Project Engineer will direct Final EIR/EIS RCTC/Design
Builder
During
construction
Page 10-9
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
a qualified landscape architect to ensure that the final
project design incorporates the mitigation and
minimization elements A–D, below, and that these
enhancements to structures are incorporated in the
design and construction of sound walls, retaining
walls, and bridge elements and will not be “follow-up”
enhancements. During construction, RCTC’s
Resident Engineer will ensure that the design/build
contractor constructs the retaining and sound walls,
medians, bridges, and other structures consistent
with aesthetic and design features included in the
project specifications. RCTC’s Resident Engineer will
ensure that those aesthetic and design features are
constructed during the construction phase when the
impact occurs.
A. Sound walls in low-density, developed areas or
those fronting private property will be heavily textured
(i.e. split-face or fractured rib) and integrally colored
to minimize reflected glare and visual mass. Sound
walls facing public-use areas (parks, streets, etc.) will
incorporate textures and color as above plus site-
specific aesthetic features (local or historical
references) to minimize/mitigate impacts to
community character and to restore a “sense of
place.” Specific color selection for sound walls will be
determined by the 215/91 Corridor Master Plan.
B. Retaining walls (including walls associated with
bridge structures) will be heavily textured (i.e., split-
face or fractured rib) to minimize glare and visual
mass. Retaining walls facing public use areas (parks,
streets, etc.) over 9 feet (ft) high will be heavily
textured (i.e., split-face or fractured rib) and include
site-specific aesthetic features (local or historical
references). Color (integral or applied) is not required
for retaining walls.
C. In addition to texture and color as described in A
and B, above, sound walls and retaining walls with
low-density development or recreational viewer
groups will include planting of trees or trees and
shrubs, and vines at the base of the walls (non-
motorist side) to minimize loss of visual unity.
Plantings will be local native species or ornamental
species that require no irrigation after establishment.
These plantings will not require permanent irrigation.
D. Slope paving in all areas with bicyclist and
pedestrian viewers will include texture (i.e. stamped
slate). In urban areas, slope paving will direct a
qualified landscape architect to incorporate site-
specific aesthetic features in addition to texture.
Page 10-10
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
Texture and pattern will be used to minimize the
visual impacts of increased hard surface, and
reinforce community identify, offsetting reduced
community connectivity associated with increased
bridge widths.
V-3
Light and Glare. To reduce glare, RCTC’s Project
Engineer will ensure that the project plans specify
lighting fixtures with non-glare hoods and that lighting
is designed to illuminate only the right-of-way. The
lighting plans will require the review and approval of
the Department and applicable cities and counties
before construction to assure compliance with their
applicable policies regarding public street lighting.
RCTC’s Project Engineer will coordinate with the City
of Corona and other applicable cities and counties to
ensure that sufficient lighting is provided as part of
the improvements to local streets within the project
limits, consistent with applicable local policies and
street lighting codes. Increased glare from walls,
structures and pavement will be minimized by
measures identified in V-2 and V-3.
RCTC’s Resident Engineer will ensure that the
project lighting plan included in the project
specifications is implemented by the design/build
contractor during construction.
Final EIR/EIS Design Builder During
construction
V-4
Graffiti Reduction, Removal and Control. During final
design, the RCTC Project Engineer will incorporate
vine planting on all sound barriers in the project
specifications to reduce the potential for graffiti and to
soften the appearance of those walls, consistent with
the Highway Design Manual, Index 902.3(5). After
the construction of each sound barrier, the RCTC
Resident Engineer will require the design/build
contractor to install vine planting consistent with the
project specifications and the planting requirements
in Measure V-3.
The Department and the City of Corona have existing
ongoing maintenance programs for the control and
removal of graffiti. Those programs would apply to all
new and modified structures in Alternatives 1 and 2,
on public and private property, as appropriate. Key
components of those programs are: Department
Program. Chapter D1, Litter, Debris, and Graffiti (July
2006), in the Caltrans Maintenance Manual (Volume
I, January 2011) describes the Department’s
maintenance program for the control and removal of
graffiti. Key program components applicable to the
project features in Alternatives 1 and 2 are: Use of
Final EIR/EIS Design
Builder/RCTC
Final design
/construction
Page 10-11
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
recycled paint for various structures and matching
paint used to cover graffiti with the original paint color
on the structure. Use of physical devices such as rat
guards, sign hoods, razor wire, and glare screen
patches to limit access to facilities targeted by
taggers. Replacement of ground-mounted signs with
signs that have protective coatings or application of
protective coatings to signs. City of Corona Program.
Chapter 9.30, Graffiti Abatement Procedure, in the
Corona Municipal Code, describes the City’s
procedures related to the prohibition of graffiti in the
City and the graffiti removal process. Methods for the
removal of graffiti include power washing, gel
removers, and painting.
V-5
Construction Plan. To address adverse impacts
associated with views of construction access and
staging areas, the Riverside County Transportation
Commission’s (RCTC) Resident Engineer will require
the design/build contractor to construct the project in
accordance with California Department of
Transportation (Caltrans) Standard Construction
Specifications, including appropriate measures to
address visual impacts during construction.
Final EIR/EIS RCTC/Design
Builder
During
construction
CR-1
Replacement of Trees in the Grand Boulevard
Historic District. The requirements of Measure V-3
related to highway planting would apply to the
replacement of the 18 trees in the Grand Boulevard
Historic District. In addition, the following will be
implemented during the design/build phase regarding
the removal and replacement of the 18 trees in the
Grand Boulevard Historic District: The RCTC Project
Engineer will require the design/build contractor to
replace all trees removed from the Historic District at
a ratio of 1:1. The RCTC Project Engineer will require
the design/build contractor to install replacement
trees that are compatible with the existing plantings
in the Grand Boulevard Historic District and with the
overall character of the Historic District, and that the
replacement trees be identified in consultation with
the City of Corona, the California Department of
Transportation (Department) District Landscape
Architect, and a Professional Qualified Staff
Architectural Historian from the District. The RCTC
Project Engineer will require the construction
contractor to install all replacement trees no later
than the completion of construction activities in the
Grand Boulevard Historic District.
Final EIR/EIS RCTC Final design/
construction
Page 10-12
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
CR-2
Discovery of Cultural Materials. If cultural materials
are discovered during construction, the RCTC Project
Engineer will require the design/build contractor to
divert all earthmoving activity within and around the
immediate discovery area until a qualified
archaeologist can assess the nature and significance
of the find.
Final EIR/EIS RCTC During
construction
CR-3
Discovery of Human Remains. If human remains are
discovered during construction, State Health and
Safety Code Section 7050.5 states that further
disturbances and activities shall cease in any area or
nearby area suspected to overlie remains and the
County Coroner shall be contacted. Pursuant to
Public Resources Code (PRC) Section 5097.98, if
the remains are thought to be Native American, the
Coroner will notify the Native American Heritage
Commission (NAHC), which will then notify the Most
Likely Descendant (MLD). At that time, the
Department’s District 8 Environmental Branch Chief
or the District 8 Native American Coordinator (Gary
Jones, [909] 383-7505) will be contacted so they may
work with the MLD on the respectful treatment and
disposition of the remains. Further provisions of PRC
5097.98 are to be followed as applicable.
Final EIR/EIS RCTC/Design
Builder
During
construction
CR-4
During final design, the RCTC Project Manager and
Department Cultural 1) Resources Professionally
Qualified Staff will coordinate with representatives
from the Pechanga Band of Mission Indians to
identify areas in the project disturbance limits
considered sensitive to the Tribe. 2) During final
design, the RCTC Project Engineer will identify on
the project plans all areas that require monitoring by
a Native American Monitor during site preparation,
disturbance, and grading. 3) During all site
preparation, disturbance, and grading, the RCTC
Resident Engineer will require the design/build
contractor to have a Native American monitor present
and conducting monitoring activities in all areas
identified by the Pechanga Band of Mission Indians
as sensitive, as shown in the project specifications.
Final EIR/EIS RCTC/Design
Builder Final design
CR-5
Condition for the Grand Boulevard Historic District:
Acorn-Style Streetlights. The following condition will
be implemented during the project design/build
phase regarding the removal, temporary storage, and
relocation of up to seven existing acorn-style
streetlights within the project disturbance limits in the
Grand Boulevard Historic District:
- The Riverside County Transportation Commission
Final EIR/EIS Design Builder Final design/
construction
Page 10-13
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
(RCTC) Project Engineer will require the design/build
contractor to clearly indicate on the final plans the
locations of up to seven acorn-style streetlights in the
project disturbance limits that are to be removed at
the beginning of construction in those areas and to
identify the locations where the removed streetlights
would be reinstalled.
- The RCTC Resident Engineer will require the
design/build contractor to remove and, as necessary,
dismantle the affected acorn-style streetlights and to
place them in containers appropriate for storing those
fixtures during the project construction period.
- The RCTC Resident Engineer will require the
design/build contractor to store the containers
holding the acorn-style streetlights in a secure
location protected from public access and weather.
- The RCTC Project Engineer will require the
design/build contractor to verify that the locations
identified for the reinstallation of the affected
streetlights are acceptable to the City of Corona and
consistent with the City’s requirements for the siting
of streetlights.
- The RCTC Resident Engineer will require the
design/build contractor to reinstall the acorn-style
streetlights at the locations designated in the final
plans when no further construction/disruption will
occur at those locations, as follows:
- The streetlights will be reinstalled as close to their
original locations as possible, based on the project
design and available space, in a manner consistent
with the other acorn-style streetlights in the Grand
Boulevard Historic District and with the City of
Corona requirements for the siting of streetlights.
- If any of the acorn-style streetlights cannot be
reinstalled at or near their original locations, they will
be reinstalled elsewhere within the boundaries of the
Grand Boulevard Historic District, focusing on
locations where acorn-style lights have previously
been removed as long as those locations are
consistent with the historic spatial relationships of the
Historic District and with the City of Corona
requirements for the siting of streetlights; and
- If the lights cannot be reinstalled as described
above, the RCTC Project Engineer will consult with
the City of Corona to identify alternative locations.
- The RCTC Resident Engineer will require the
construction contractor to have an architectural
historian on site during the removal, dismantling, and
reinstallation of the acorn-style streetlights
Page 10-14
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
WQ-1
Prior to and during construction, Riverside County
Transportation Commission’s (RCTC) Resident
Engineer will require the design/build contractor to
comply with the provisions of the National Pollutant
Discharge Elimination System (NPDES) General
Permit for Storm Water Discharges Associated with
Construction and Land Disturbance Activities (Order
No. 2009-0009-DWQ, NPDES No. CAS000002), and
any subsequent permit, as they relate to the project
construction activities. This will include submission of
the Permit Registration Documents, including a
Notice of Intent (NOI), risk assessment, site map,
Storm Water Pollution Prevention Plan (SWPPP),
annual fee, and signed certification statement to the
State Water Resources Control Board (SWRCB) at
least 14 days prior to the start of construction activity.
The SWPPP will meet the requirements of the
Construction General Permit and will identify
potential pollutant sources associated with
construction activities; identify non-storm water
discharges; develop a water quality monitoring and
sampling plan; and identify, implement, and maintain
best management practices (BMPs) to reduce or
eliminate pollutants associated with the construction
site. The BMPs identified in the SWPPP will be
implemented during project construction. A Notice of
Termination (NOT) will be submitted to the SWRCB
on the completion of construction and the
stabilization of the site. RCTC’s Resident Engineer
will also require the design/build contractor to
implement SWRCB Resolution No. 2001-046
requiring sampling and analysis during project
construction.
Final EIR/EIS RCTC
Prior to
construction;
during
construction
WQ-2
Prior to and during construction, RCTC’s Resident
Engineer will require the design/build contractor to
comply with the provisions of the General Waste
Discharge Requirements for Discharges to Surface
Waters that Pose an Insignificant (De Minimums)
Threat to Water Quality, Order No. R8-2009-0003,
NPDES No. CAG998001, as they relate to discharge
of non-storm-water dewatering wastes for the project.
This will include submitting to the Santa Ana
Regional Water Quality Control Board (RWQCB) an
NOI at least 60 days prior to the start of construction,
notification of discharge at least 5 days prior to any
planned discharges, and monitoring reports by the
30th day of each month following the monitoring
period.
Final EIR/EIS RCTC/Design
Builder
Prior to
construction;
during
construction
Page 10-15
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
WQ-3
Prior to dewatering activities, RCTC’s Resident
Engineer will provide the design/build contractor with
a copy of the discharge authorization letter issued by
the RWQCB Executive Director.
Final EIR/EIS RCTC Prior to
construction
WQ-4
Prior to and during construction, RCTC’s Resident
Engineer will require the design/build contractor to
follow the procedures outlined in the California
Department of Transportation (Caltrans) Storm Water
Quality Handbooks, Project Planning and Design
Guide (July 2010 or subsequent issuance) for
implementing Design Pollution Prevention and
Treatment BMPs for the project. This will include
coordination with the Santa Ana RWQCB with
respect to the feasibility, maintenance, and
monitoring of Treatment BMPs as set forth in the
Department’s Statewide Storm Water Management
Plan (SWMP, May 2003 or subsequent issuance).
RCTC’s Resident Engineer will also require the
design/build contractor to comply with other
provisions identified in the NPDES Permit, Statewide
Storm Water Permit, and Waste Discharge
Requirements for the State of California, Department
of Transportation (Order No. 99-06-DWQ, NPDES
No. CAS000003).
RCTC’s Resident Engineer will also require the
design/build contractor to comply with other
provisions identified in the NPDES Permit and Waste
Discharge Requirements for the Riverside County
Flood Control and Water Conservation District, the
County of Riverside, and the incorporated cities of
Riverside County within the Santa Ana Region (Order
No. R8-2010-0033, NPDES No. CAS618033); and
for the County of Orange, Orange County Flood
Control District, and the incorporated cities of Orange
County within the Santa Ana Region (Order No. R8-
2009-0030), as applicable.
Final EIR/EIS Design Builder
Prior to
construction;
during
construction
GEO-1
During final design, the Riverside County
Transportation Commission’s (RCTC) Project
Engineer or a Project Geotechnical Engineer or
Project Geologist under contract to RCTC will
prepare a design-level geotechnical report. This
report will document soil-related constraints and
hazards such as slope instability, settlement,
liquefaction, or related secondary seismic impacts
that may be present along the project segments of
State Route 91 (SR-91) and Interstate 15 (I-15). This
Final EIR/EIS Design Builder Final design
Page 10-16
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
report will require review and approval by the
California Department of Transportation
(Department). The performance standard for this
report will be the geotechnical design standards of
the State of California and the Department, as they
apply to the project features and structures. RCTC
will submit the design-level geotechnical report to the
Department for review and approval during final
design. The report will include but not be limited to:
Evaluation of expansive soils and recommendations
regarding construction procedures and/or design
criteria to minimize the effect of these soils on the
construction of the project and to minimize effects
related to expansive soils on project facilities in the
long term. Identification of potential liquefiable areas
within the project limits and recommendations for
mitigation. Evaluation of the corrosion potential of
soils along those segments of the project alignment
not previously tested (i.e., areas along I-15 and the
westbound side of SR-91). Demonstration that no
retaining walls or excavations will occur in the
existing landslide areas, or that landslide stabilization
measures independent of the retaining wall design
are included in the final project design.
Demonstration that the design of all retaining walls is
geotechnically suitable for project area soils, and
verification that project design has considered and
addressed the possibility of scour associated with the
Santa Ana River. Demonstration that side slopes can
be designed and graded so that surface erosion of
the engineered fill is not increased compared to
existing, natural conditions. RCTC's Project Engineer
will incorporate the measures recommended in the
design-level geotechnical report in the final design
and project specifications.
RCTC’s Resident Engineer will require the
design/build contractor to implement the measures
recommended in the design-level geotechnical report
as included in the project specifications.
GEO-2
RCTC’s Resident Engineer will maintain a quality
assurance/quality control plan during construction.
The plan will include observing, monitoring, and
testing by the Project Geotechnical Engineer and/or
the Project Geologist under contract to RCTC prior to
and during construction to confirm that the
geotechnical/geologic recommendations from the
design-level geotechnical report and standard design
and construction practices are fulfilled by the
Final EIR/EIS Design Builder During
construction
Page 10-17
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
design/build contractor, or if different site conditions
are encountered, appropriate changes are made to
accommodate such issues. The geotechnical
engineer will submit weekly reports to RCTC and the
Department during all project-related grading,
excavation, and construction activities.
GEO-3
During final design, if blasting is required, RCTC’s
Project Engineer will require the design/build
contractor to prepare a blasting plan to minimize
potential hazards related to blasting activities. The
blasting plan will address all applicable standards in
accordance with the United States Department of the
Interior, Office of Surface Mining. The issues to be
addressed in the blasting plan will include, but are
not limited to, the following: hours of blasting activity,
notification to adjacent property owners, noise and
vibration, and dust control. RCTC’s Resident
Engineer will require the design/build contractor to
implement the blasting plan prior to and during any
blasting during construction.
Final EIR/EIS Design Builder Final design
PAL-1
Following preparation of suitable construction
drawings and elevations and during final design, the
Riverside County Transportation Commission’s
(RCTC) Project Engineer will require the Designated
Principal Paleontologist under contract to RCTC to
prepare a Paleontological Mitigation Plan (PMP). The
PMP will provide guidance for developing and
implementing paleontological mitigation efforts,
including field work, laboratory methods, and
curation. This PMP will be consistent with guidelines
provided in the Department’s Standard
Environmental Reference (SER), Environmental
Handbook, Volume I, Chapter 8, Paleontology, the
Counties of Riverside and Orange, and the Society of
Vertebrate Paleontology (SVP), and will be
specifically tailored to the resources and sedimentary
formations in the disturbance limits.
The part of the PMP that covers excavation will
include but not be limited to:
Prior to any ground disturbance, RCTC’s Designated
Principal Paleontologist or his/her representative will
attend a meeting with the design/build contractor to
explain the likelihood for encountering
paleontological resources during construction, what
resources may be discovered, and the methods that
will be employed if anything is discovered.
Final EIR/EIS RCTC/Design
Builder
Final design/
construction
PAL-1
(cont'd)
RCTC’s Principal Paleontologist will conduct a
preconstruction field survey in areas identified as Final EIR/EIS Design Builder Prior to
construction
Page 10-18
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
having high paleontological sensitivity after
vegetation and any pavement are removed, followed
by salvage of any observed surface paleontological
resources prior to the beginning of additional ground-
disturbing activities. The survey will be conducted by
the Principal Paleontologist or their representative
who is qualified to identify vertebrate, invertebrate,
and plant fossils.
During ground disturbance, grading, and excavation,
RCTC’s Project Engineer will require the design/build
contractor to retain a Principal Paleontologist. The
Principal Paleontologist will provide a Paleontological
Monitor who is qualified to recognize and
professionally collect vertebrate, invertebrate, and
plant fossils. The qualified Paleontological Monitor
will initially be present on site on a full-time basis
whenever these types of construction activities occur
in sediments that have a high paleontological
sensitivity rating and also on a spot-check basis in
sediments that have a low sensitivity rating.
Monitoring may be reduced to a part-time basis if no
resources are being discovered in sediments with a
high sensitivity rating. Any reduction or modification
in scheduling of monitoring will be determined by the
Principal Paleontologist and RCTC’s Resident
Engineer. The qualified Paleontological Monitor will
inspect fresh cuts and/or spoils piles to recover
paleontological resources. That monitor will be
empowered to temporarily divert construction
equipment away from the immediate area of the
discovery. The monitor will be equipped to rapidly
stabilize and remove fossils to avoid prolonged
delays to construction schedules.
PAL-1
(cont'd)
If large mammal fossils or large concentrations of
fossils are encountered, RCTC’s Resident Engineer
will require the design/build contractor to make heavy
equipment available to assist in the removal and
collection of large materials.
Localized concentrations of small (or micro-)
vertebrates may be found in all native sediments.
Therefore, the qualified Paleontological Monitor will
occasionally spot-screen native sediments through
one-eighth- to one-twentieth-inch mesh screens to
determine whether microfossils are present. If
microfossils are encountered, a standard sediment
sample (up to 3 cubic yards or 6,000 pounds) will be
collected and processed through one-twentieth-inch
Final EIR/EIS Design Builder During
construction
Page 10-19
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
mesh screens to recover additional fossils.
Processing of large bulk samples is best
accomplished at a designated location within the
project limits that will be accessible throughout the
duration of construction but will also be away from
any cut or fill areas or active construction areas.
Processing is usually completed concurrently with
construction and with the intent to have all
processing completed before, or just after, project
completion. A small corner of a staging or equipment
parking area is an ideal location for this activity. If
water is not available, the location should be
accessible for a water truck to occasionally fill
containers with water.
PAL-1 5th
sub-point
RCTC’s Project Engineer will require the Principal
Paleontologist or their representative to prepare any
recovered specimens to the point of identification and
permanent preservation. This includes sorting any
washed mass samples to recover small invertebrate
and vertebrate fossils, the removal of surplus
sediment from around larger specimens to reduce
the volume of storage for the repository and storage
cost, and the addition of approved chemical
hardeners/stabilizers to fragile specimens. This is
best accomplished at a designated laboratory with
access to fossil preparation tools, magnifying
equipment, storage boxes and vials, and chemical
hardeners. Processing of fossils through the lab is
best accomplished concurrently with construction,
especially if numerous fossils are being collected.
Final EIR/EIS RCTC During
construction
PAL-1 6th
sub-point
Specimens will be identified to the lowest taxonomic
level possible and curated into an institutional
repository with retrievable storage. Repository
institutions usually charge a one-time fee based on
volume, so removing surplus sediment is important.
The repository institution may be a local museum or
university that has a curator who can retrieve the
specimens on request. RCTC’s Project Manager and
the California Department of Transportation
(Department) will require that a draft curation
agreement be in place between the Principal
Paleontologist and an approved curation facility prior
to the initiation of paleontological monitoring and
mitigation activities for the project. RCTC’s Resident
Engineer will require the design/build contractor to
comply with the provisions of the PMP during all
ground disturbance, grading, and excavation
activities. This will include appropriate coordination
Final EIR/EIS RCTC/Design
Builder
During
construction
Page 10-20
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
with RCTC’s Designated Principal Paleontologist and
the provision of qualified paleontological monitors
consistent with the provisions of the PMP.
After the completion of all ground disturbance and
grading, RCTC’s Project Manager will require the
design/build contractor to have the design/build
contractor’s Designated Principal Paleontologist to
prepare a Final Paleontological Mitigation Report
(PMR) that summarizes the project area investigated,
the field and laboratory methods used, the
stratigraphic units inspected, the types of fossils
recovered, and the scientific significance of the
curated collection. RCTC’s Project Manager will
retain a copy of the report for the RCTC project files
and will provide a copy of the report to the
Department.
HW-1 First
Sub-point
A Phase I ESA was conducted for the Mobil No. 18-
FLM site (616 Paseo Grande Street, Corona,
California), and a Phase I ESA and Phase II Site
Investigation were conducted for the Honda Cars of
Corona site (231 South Lincoln Avenue, Corona,
California) as part of the DSI, in accordance with
ASTM Standard E 1527-05. The DSI identified
Recognized Environmental Conditions (RECs)
associated with on-site releases. Based on the
results of the DSI, the following measures will be
implemented for these two sites of potential
environmental concern:
Honda Cars of Corona Site: During final design and
prior to any ground disturbance, RCTC’s Resident
Engineer will require the design/build contractor to
consult with regulators, confirm that the final
confirmation sampling has been completed at the
site, and that contaminant investigation for the site
has received regulatory site closure. In addition, prior
to the completion of final design, the RCTC Resident
Engineer will require the design build/build contractor
to properly abandon all monitoring wells and vapor
extraction wells on the site in accordance with
regulatory requirements.
Final EIR/EIS Design Builder Final design; prior
to disturbance
HW-1 Second
Sub-point
Mobil No. 18-FLM Site: During final design and prior
to any ground disturbance, RCTC’s Resident
Engineer will require the design/build contractor to
conduct further investigation on contaminants in soils
on site after a work plan is prepared and additional
information is available.
Final EIR/EIS RCTC Final design; prior
to disturbance
HW-2 During final design and prior to any ground
disturbance activities, RCTC’s Resident Engineer will Final EIR/EIS Design Builder Final design; prior
to disturbance
Page 10-21
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
require the design/build contractor to conduct site
investigations for any new release sites that are
within the project right-of-way. RCTC’s Resident
Engineer will require the design/build contractor to
conduct these site investigations in compliance with
applicable federal, State, and local regulations and in
accordance with ASTM Standard E 1527-05. If
contaminants are determined to be present during
the site investigation, RCTC’s Resident Engineer
may require the design/build contractor to prepare
one or more of the following specialized reports:
Remedial Actions Options Report, Sensitive
Receptor Survey, Human Health/Ecological Risk
Assessment, and/or Quarterly Monitoring Report.
HW-3
During final design and prior to any ground
disturbance activities, RCTC’s Resident Engineer will
require the design/build contractor to conduct an
aerially deposited lead (ADL) study for soil if
excavation will exceed 3 feet (ft) below ground
surface (bgs) in unpaved locations adjacent to the
State right-of-way between Gypsum Canyon Road
and Magnolia Avenue, or 5 ft bgs in unpaved
locations in areas where there would be fiber-optic
signage along eastbound State Route 91 (SR-91)
starting east of the Weir Canyon Road undercrossing
and extending east of the Gypsum Canyon Road
undercrossing.
During construction, if soils within the project
disturbance limits along SR-91 are removed off site,
RCTC’s Resident Engineer will require the
design/build contractor to treat the soils as State
hazardous waste and to properly dispose of those
soils at an appropriate State-certified landfill facility.
In addition, during construction, RCTC’s Resident
Engineer will require the design/build contractor to
test all soils imported on site as fill. RCTC’s Resident
Engineer will require the design/build contractor to
use only clean soils as imported fill on site.
Final EIR/EIS Design Builder Final design; prior
to disturbance
HW-4
1. Predemolition asbestos and/or LBP surveys were
conducted for 21 road structures that will be
renovated or demolished during project construction.Final EIR/EIS Design Builder Prior to
construction
HW-4
2. Based on the results of the ACM surveys of the 21
freeway structures, the SR-91/State Route 71 (SR-
71) Separation (Bridge No. 56-0587), East SR-
91/North SR-71 Connector Separation (Bridge No.
56-0635), Prado Overhead (Bridge No. 56-0637),
West Grand Boulevard Undercrossing (UC) (Bridge
Final EIR/EIS Design Builder Prior to
construction
Page 10-22
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
No. 56-0445 L/R), El Cerrito Road UC (Bridge No.
56-0558 L/R), and Serfas Club Drive UC (Bridge No.
56-0368 L/R) contain ACMs. Therefore, prior to
disturbance associated with renovation or demolition
of these bridges, RCTC’s Resident Engineer will
require the design/build contractor to have a licensed
asbestos contractor properly remove and dispose of
asbestos-containing railing brace pads from these
structures.
HW-4
3. Based on the results of the LBP surveys of the 21
freeway structures, the Main Street UC (Bridge No.
56-0448 L/R), McKinley Street UC (Bridge No. 56-
0365), and Buchanan Street Overcrossing (Bridge
No. 56-0368) contain LBPs. Therefore, prior to
disturbance associated with renovation or demolition
of these bridges, RCTC’s Resident Engineer will
inform the design/build contractor of the presence of
LBPs in those structures. RCTC’s Resident Engineer
will require the design/build contractor to protect
construction workers from exposure to lead dust
when disturbing LBP during bridge renovation or
demolition activities.
Final EIR/EIS Design Builder Prior to
construction
HW-4
4. In addition, a hazardous materials survey identified
two areas with potential hazardous materials. Based
on the results of the visual hazardous materials
survey of the bridges, light fixture components and
possible lead metal railing braces may pose an
additional concern. These components include:
- Light fixtures (some flush-mounted) on the
undersides of many of the bridges. At a few of the
bridges that cross over the freeway, there are light
posts. The light bulbs in these fixtures may contain
mercury.
- The Temescal Wash Bridge overhead has some
metal braces and wire tension cable at joint locations
on the underside of the bridge. While no suspected
ACMs were observed or sampled at these locations,
the presence of metal washers and spacers, which
may contain lead, was noted.
- Soft metal railing brace pads that may be composed
of lead metal were observed at the following bridges:
Pierce Street UC (Bridge No. 56-0369 L/R) and
Buchanan Street Overcrossing (Bridge No. 56-0368)
Final EIR/EIS Design Builder During
construction
HW-4
5. Therefore, during final design and prior to any
disturbance of these facilities and materials, RCTC’s
Resident Engineer will inform the design/build
contractor of the presence and location of the
Final EIR/EIS RCTC Final design; prior
to disturbance
Page 10-23
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
hazardous materials in the freeway structures
described above.
HW-4
6. Prior to the disturbance of freeway structures,
RCTC’s Resident Engineer will require the
design/build contractor to have asbestos-containing
railing brace pads removed and disposed of by a
licensed asbestos abatement contractor. If abated,
RCTC’s Resident Engineer will require the
design/build contractor to remove non-friable ACMs
in accordance with Category II asbestos abatement
procedures as defined in Federal Occupational
Safety and Health Administration (Fed-OSHA) 29
Code of Federal Regulations (CFR) 1926.1101.
However, if mechanical means are utilized for
abatement of ACMs, RCTC’s Resident Engineer will
require the design/build contractor to convert these
non-friable materials into a friable state during
removal activities and manage these materials under
Class I asbestos abatement procedures.
Final EIR/EIS Design Builder During
construction
HW-4
7. Prior to disturbance of freeway structures, RCTC’s
Resident Engineer will require the design/build
contractor to properly test any areas that have not
been previously tested, and remove and dispose of
any materials from these structures that exceed
California Health and Safety Code criteria for
hazardous waste at an appropriate State-certified
landfill facility.
Final EIR/EIS Design Builder Prior to
construction
HW-4
8. During final design and prior to any ground
disturbance, demolition, or renovation activities,
RCTC’s Project Engineer will require the design/build
contractor to conduct predemolition asbestos, LBP,
polychlorinated biphenyl (PCB), and/or mercury
surveys of any buildings that will be renovated or
demolished.
Final EIR/EIS RCTC Final design; prior
to disturbance
HW-4
9. During construction, RCTC’s Resident Engineer
will require the design/build contractor to properly
remove and dispose of any materials from these
structures that exceed California Health and Safety
Code criteria for hazardous waste at an appropriate
State-certified landfill facility.
Final EIR/EIS RCTC During
construction
HW-5, Part 1
During final design and prior to any ground
disturbance activities, RCTC’s Resident Engineer will
require the design/build contractor to conduct
inspections for potential PCBs in utility pole-mounted
transformers that will be relocated or removed as part
of the project
Final EIR/EIS Design Builder Final design; prior
to construction
Page 10-24
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
HW-5, Part 2
RCTC’s Resident Engineer will require the
design/build contractor to consider leaking
transformers a PCB hazard unless tested and
confirmed otherwise, and to handle them accordingly.
Final EIR/EIS Design Builder Prior to
construction
HW-6
During construction, RCTC’s Resident Engineer will
require the design/build contractor to test, remove,
and dispose of any yellow traffic striping and
pavement marking materials in accordance with the
California Department of Transportation
(Department) Construction Manual, Chapter 7,
Section 106.
Final EIR/EIS Design Builder During
construction
HW-7
During final design and prior to any dewatering
activities, RCTC’s Resident Engineer will require the
design/build contractor to conduct additional
coordination with the Riverside County Department of
Environmental Health when groundwater dewatering
will occur in the vicinity of contaminated soils or
contaminated groundwater sites.
Final EIR/EIS Design Builder Final design
HW-8
During final design and prior to any ground
disturbance activities, RCTC’s Project Engineer will
require the design/build contractor to sample soil
adjacent to the Burlington Northern Santa Fe (BNSF)
railroad tracks that will be disturbed during
construction for the presence of petroleum
hydrocarbons, metals, solvents, and other potential
contaminants (e.g., polynuclear aromatic
hydrocarbons [PNAs], kerosene, ACMs, chlorinated
hydrocarbons, pesticides, and herbicides). That
testing will determine whether the soils require
special handling and disposal during construction.
During construction, RCTC’s Resident Engineer will
require the design/build contractor to properly
dispose of all soils exceeding the criteria for State or
federal hazardous waste at an appropriate State-
certified landfill facility.
Final EIR/EIS Design Builder Final design; prior
to disturbance
HW-9
Prior to the start of construction, RCTC’s Project
Engineer will require the design/build contractor to
prepare a site-specific Health and Safety Plan
(HASP) by a certified industrial hygienist. The HASP
will be based on evaluation of proposed construction
activities, the potential hazards identified in the
Phase I Environmental Site Assessment and Phase II
testing, and any future assessments prepared for the
project. The HASP will outline specific procedures for
encountering expected and unexpected
contaminants. It will include safe work practices,
contaminant monitoring, the need for personal
protective equipment, emergency response
Final EIR/EIS Design Builder Prior to
construction
Page 10-25
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
procedures, and safety training requirements to
protect construction workers and third parties working
on site. The HASP will be in compliance with the
requirements of 29 CFR 1910 and 1926 and all other
applicable federal, State, and local regulations and
requirements.
During construction, RCTC’s Resident Engineer will
require the design/build contractor to implement the
requirements in the HASP.
HW-10
Prior to the start of construction, RCTC’s Project
Engineer will require the design/build contractor to
prepare a soils and groundwater Contaminant
Management Plan (CMP). The CMP will include
procedures for contaminant monitoring and
identification as well as temporary storage, handling,
treatment, and disposal of hazardous waste and
materials in accordance with applicable federal,
State, and local regulations and requirements. Prior
to and during construction, RCTC’s Resident
Engineer will require the design/build contractor to
implement the soils and groundwater CMP.
Final EIR/EIS Design Builder Prior to
construction
HW-11
Prior to the start of construction, RCTC’s Project
Engineer will require the design/build contractor to
prepare a Construction Contingency Plan (CCP) in
accordance with the Department’s Unknown Hazards
Procedures for Construction. The CCP will include
provisions for emergency response in the event that
unidentified underground storage tanks (USTs),
hazardous materials, petroleum hydrocarbons, or
hazardous or solid wastes are discovered during
construction activities. The CCP will address UST
decommissioning, field screening, contaminant
materials testing methods, mitigation and
contaminant management requirements, and health
and safety requirements for construction workers.
RCTC’s Resident Engineer will require the
design/build contractor to implement the CCP during
all construction activities.
During construction, RCTC’s Resident Engineer will
require the design/build contractor to cease work
immediately if an unexpected release of hazardous
substances is found in reportable quantities. If an
unexpected release of hazardous substances is
found in reportable quantities, RCTC’s Resident
Engineer will require the design/build contractor to
notify the National Response Center by calling 1-800-
424-8802. RCTC’s Resident Engineer will require the
design/build contractor to perform cleanup of
Final EIR/EIS Design Builder
Prior to
construction;
during
construction
Page 10-26
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
unexpected releases under the appropriate federal,
State, or local agency oversight.
HW-12
RCTC’s Resident Engineer will require the
design/build contractor to notify Underground Service
Alert (USA) at least 2 days prior to excavation by
calling 811 to require that all utility owners within the
project disturbance limits identify the locations of
underground transmission lines and facilities.
Final EIR/EIS Design Builder Prior to
construction
HW-13
RCTC’s Resident Engineer will require the
design/build contractor to submit the fees to the
South Coast Air Quality Management District
(SCAQMD) at least 10 days prior to proceeding with
any demolition or renovation of a structure (refer to
SCAQMD Rule 1403). RCTC’s Resident Engineer
will require the design/build contractor to adhere to
the requirements of SCAQMD Rule 1403 during
renovation and demolition activities.
Final EIR/EIS Design Builder During
construction
HW-14
During final design and prior to any ground
disturbance, RCTC’s Resident Engineer will require
the design/build contractor to test all wooden utility
poles, railroad ties, and other treated wood waste
material that will be removed and disposed of as part
of the project are tested for wood
treatments/preservatives. RCTC’s Resident Engineer
will also require the design/build contractor to test
soils surrounding railroad ties for wood
treatments/preservatives. Prior to and during
construction, RCTC’s Resident Engineer will require
the design/build contractor to properly dispose of all
treated wood waste as required in Alternative
Management Standards for Wood Treated Waste in
Section 67386.6(a)(2)(B)(3) of the California Code of
Regulations (CCR). Alternative Management
Standards for Wood Treated Waste. In addition,
RCTC’s Resident Engineer will require the
design/build contractor to require any personnel who
come in contact with treated wood waste or
contaminated soils to follow all applicable
requirements under Section 67386.6(a)(2)(B)(3) of
the CCR and to be trained in the proper identification,
disposal, and safe handling of treated wood waste
and contaminated soils.
Final EIR/EIS Design Builder Final design; prior
to disturbance
SC-1
Development of a Construction Emissions Mitigation
Plan. Prior to any site preparation, grading and/or
construction activities, the Riverside County
Transportation Commission (RCTC) Project Engineer
will require the design/build contractor to develop a
Construction Emissions Mitigation Plan. That plan will
Final EIR/EIS Design Builder Prior to
construction
Page 10-27
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
specifically incorporate measures for controlling
particulate and other emissions during construction
from the following sources:
California Department of Transportation
(Department) Standard Specifications Sections 10
and 18 (Dust Control) Department’s Standard
Specifications Section 39-3.06 (Asphalt Concrete
Plant Emissions) South Coast Air Quality
Management District (SCAQMD) Rule 403, including
control measures from Tables 1, 2, and 3 in that rule
The plan will also include the following measures:
Control of ozone precursor emissions from
construction equipment vehicles by maintaining
equipment engines in good condition and in proper
tune per the manufacturers’ specifications.
Control of material on all trucks hauling excavated or
graded material from the site by compliance with
State Vehicle Code Section 23114, with special
attention to Sections 23114(b)(F), (e)(2), and (e)(4)
as amended, regarding the prevention of such
material spilling onto public streets and roads.
SC-2
Implementation of the Construction Emissions
Mitigation Plan. During all site preparation, grading,
construction, clean-up, and other activities during
construction, RCTC’s Resident Engineer will require
the design/build contractor to comply with the
measures in the Construction Emissions Mitigation
Plan. RCTC’s Resident Engineer will conduct site
inspections at least once a month to ensure that the
design/build contractor is complying with the
provisions of the Construction Emissions Mitigation
Plan.
Final EIR/EIS Design Builder
SC-3
Prior to any construction activities, RCTC’s Project
Engineer will ensure that the grading plans and
project specifications show the anticipated duration of
construction in individual construction areas along
the project alignment.
Final EIR/EIS Design Builder Prior to
construction
SC-4
During final design and prior to any ground
disturbance, RCTC’s Project Geologist will conduct
appropriate testing to determine whether there are
asbestos-containing materials (ACMs) present in the
project disturbance limits.
Final EIR/EIS Design Builder Final design; prior
to disturbance
SC-5
If RCTC’s Project Geologist determines that ACMs
are present in the project disturbance limits during
that final preconstruction inspection, RCTC’s
Resident Engineer will require the design/build
contractor to properly remove and dispose of those
ACMs.
Final EIR/EIS Design Builder Prior to
construction
Page 10-28
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
N-1
Based on studies completed to date, Riverside
County Transportation Commission (RCTC) intends
to incorporate noise abatement in the form of
reasonable and feasible barriers at 15 to 16
locations, depending on the selected alternative,
ranging in height from 8 feet (ft) to 14 ft, depending
on the alternative and the design variations.
Calculations based on preliminary design data
indicate that the barriers will reduce noise levels by 5
to 15 A-weighted decibels (dBA) for 333 to 419
homes and the Green River Golf Club, depending on
the design variation. If during final design conditions
have substantially changed, noise abatement at
some of these locations may not be necessary. The
final decision on noise abatement will be made on
completion of the project design and the public
involvement processes for the environmental
document. RCTC’s Resident Engineer will require the
design/build contractor to construct the noise
abatement measures included in the final design and
project specifications.
Final EIR/EIS Design Builder During
construction
N-2
RCTC’s Resident Engineer will require the
design/build contractor to control noise from
construction activity consistent with the California
Department of Transportation’s (Department’s)
Standard Specifications, Section 14-8.02, “Noise
Control,” and Standard Special Provisions (SSP) S5-
310. RCTC’s Resident Engineer will require the
design/build contractor to ensure that noise levels
from construction operations within the State right-of-
way between the hours of 9:00 p.m. and 6:00 a.m.
not exceed 86 dBA at a distance of 50 ft. The noise
level requirement will apply to the equipment on the
job site or related to the job, including, but not limited
to trucks, transit mixers, or transient equipment that
may or may not be owned by the contractor.
RCTC’s Resident Engineer will require the
design/build contractor to use an alternative warning
method instead of a sound signal unless required by
safety laws. In addition, RCTC’s Resident Engineer
will require the design/build contractor to equip all
internal combustion engines with the manufacturer-
recommended mufflers and not operate any internal
combustion engine on the job site without the
appropriate mufflers. As directed by RCTC’s
Resident Engineer, the design/build contractor will
implement appropriate additional noise mitigation
measures, including changing the location of
Final EIR/EIS Design Builder During
construction
Page 10-29
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
stationary construction equipment, turning off idling
equipment, rescheduling construction activity,
notifying adjacent residents in advance of
construction work, and installing acoustic barriers
around stationary construction noise sources.
N-3
In accordance with the Municipal Codes of the Cities
of Anaheim, Corona, Riverside, and Norco, RCTC’s
Resident Engineer will require the design/build
contractor to limit construction activities to between
the hours of 7:00 a.m. and 7:00 p.m., Monday
through Friday, excluding weekends and holidays. If
construction is needed outside those hours or days,
RCTC’s Resident Engineer will require the
design/build contractor to coordinate with the affected
local jurisdiction. In addition to Measure N-3,
Measure GEO-3 specifically addresses potential
noise control in the event blasting is necessary
during construction along State Route 91 (SR-91)
east of Interstate 15 (I-15).
Final EIR/EIS Design Builder During
construction
N-4
If noise barriers proposed for I-15 (with the exception
of Noise Barrier [NB] K1-A), as part of a separate
project, are not constructed within 5 years of the
completion of the construction the SR-91 Corridor
Improvement Project (CIP), the RCTC will initiate a
separate project to construct those walls.
Final EIR/EIS RCTC During
construction
N-5
1. Residences that would experience a severe traffic
noise impact of 75 dBA equivalent continuous sound
level (Leq) or higher would qualify for consideration
of unusual and extraordinary abatement under
Alternative 2f. NBs M-1, M-2, M-3, and D1-B are
considered unusual and extraordinary noise
abatement.
2. During the design/build phase, RCTC will contract
with a qualified acoustical specialist to conduct
interior noise analyses at residences projected to
experience severe traffic noise impacts. Interior noise
abatement for each of those homes will be evaluated
on a case-by-case basis per FHWA guidance and
noise protocol.
Final EIR/EIS RCTC Final design
Compensatory
Mitigation (1)
Compensatory Mitigation:
1.) Compensatory mitigation for the effects to coastal
sage scrub (CSS) vegetation within Riverside County
will be achieved through project consistency with the
Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP). Permanent effects to
CSS vegetation in Orange County occupied by
coastal California gnatcatcher (CAGN) or within
CAGN-designated critical habitat will be mitigated as
Final EIR/EIS RCTC During
construction
Page 10-30
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
described in the Biological Opinion received from the
United States Fish and Wildlife Service (USFWS) on
November 30, 2011. Specifically, 16.03 acres (ac) of
habitat (e.g., CSS) suitable for CAGN breeding,
dispersal, and foraging will be restored in Chino Hills
State Park (CHSP) (or another off-site area approved
by the USFWS) during construction of the Initial
Phases under Alternatives 1 and 2. This will increase
the amount of conserved habitat available for CAGN
in the area.
Compensatory
Mitigation (2 &
3)
2.) Temporarily impacted coastal sage scrub (CSS)
and other vegetation communities used by California
gnatcatcher (CAGN) for dispersal and foraging will be
restored with in-kind or better vegetation during and
after construction as the construction in each
disturbed area is completed (e.g., after each phase of
construction). Measures TE-1 through TE-17,
provided later in the Environmental Commitments
Record (ECR), were developed from the Biological
Opinion.
3.) The plant palette used for restored areas in the
project limits and CHSP (or other areas approved by
the USFWS) will be approved by the District Biologist
at each location. The District Biologist may consult
with local responsible agencies (e.g., local fire
agencies) regarding the plant palettes if the District
Biologist determines that such consultation would be
appropriate.
Final EIR/EIS RCTC/Design
Builder
During
construction
Compensatory
Mitigation (4)
4. Compensatory mitigation for riparian communities
in both counties will be required for United States
Army Corps of Engineers (Corps) Section 404 and
California Department of Fish and Game (CDFG)
Section 1600 permitting. Typically, riparian habitat
subject to Corps and CDFG jurisdiction is mitigated
at a minimum mitigation-to-effect ratio of 2:1 for
permanent effects and 1:1 for temporary effects,
which is consistent with Corps and CDFG policies for
no net loss of riparian/riverine habitat (e.g., wetlands)
standards. Mitigation for permanent effects will be
conducted in advance during the Initial Phases in the
form of habitat restoration and/or enhancement in on-
or off-site areas where similar riparian habitat exists.
Temporary effects to riparian communities will be
mitigated at a minimum mitigation ratio of 1:1 to be
replaced on site in kind after the temporary impact
has occurred. Final details for compensatory
mitigation will be coordinated and environmental
clearance will be obtained (if necessary) through
Final EIR/EIS RCTC/Design
Builder
During
construction
Page 10-31
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
coordination among the Riverside County
Transportation Commission (RCTC), the California
Department of Transportation (Department), the
resource agencies, and third-party landowners.
Compensatory
Mitigation (5)
5. Prior to beginning construction, a Habitat
Mitigation and Monitoring Plan (HMMP) will be
developed in coordination with the Corps, CDFG, and
USFWS that ensures no net loss of riparian habitat
value or acreage. Final details for compensatory
mitigation will be evaluated through coordination
among the Department, RCTC, and the resource
agencies.
Final EIR/EIS RCTC Prior to
construction
Item 6 under
Compensatory
Mitigation
6. The HMMP will comply with all terms and
conditions set forth in the permits and opinions
issued by the resource agencies for the project and
will include, at a minimum, the following provisions:
Permanent impacts to riparian/riverine areas will be
replaced on or off site at a minimum ratio of 3:1 with
in-kind habitat. Permanent effects to native habitat
will be replaced on or off site at a minimum 2:1 ratio
with in-kind habitat. Temporary effects to native
vegetation will be replaced at a minimum 1:1 ratio
with in-kind habitat restored in place within the
project area. If off-site restoration is conducted, it will
be done within the same watershed as the project.
The HMMP will identify a success criterion of at least
80 percent cover of native riparian vegetation or
composition structure similar to existing adjacent
high-quality riparian vegetation. Further criteria
specified in the HMMP will include an establishment
period for the replacement habitat, regular trash
removal, and regular maintenance and monitoring
activities to ensure the success of the mitigation plan.
After construction, annual summary reports of
biological monitoring will be provided to the Corps,
CDFG, and USFWS documenting the monitoring
effort. The duration of the monitoring and reporting
will be established by resource agency permit
conditions. Compensatory mitigation for effects to
oak trees (excluding California scrub oaks) with trunk
sizes above 8 inches in diameter at breast height
(dbh) will involve replacement at a mitigation-to-effect
ratio of 3:1. Heritage oaks (oaks with a greater than
36-inch dbh) will be replaced at a mitigation-to-effect
ratio of 10:1, if feasible.
Final EIR/EIS RCTC
During
construction; after
construction
Item 6 under
Compensatory
If the replacement trees cannot be planted in the
immediate vicinity of where the previous trees were
located, they may be planted elsewhere in the project
Final EIR/EIS RCTC During
construction
Page 10-32
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
Mitigation
(cont'd)
area, subject to approval by the Department
Landscape Architect and the affected local
jurisdiction, if any. All compensatory mitigation for the
entire project, both the Initial Phases and Ultimate
Projects, will be provided in the Initial Phases of the
SR-91 CIP Build Alternatives. RCTC will provide
appropriate funds, to be maintained in a non-wasting
endowment, to Chino Hills State Park to provide for
the long-term maintenance and management of the
restored areas within the park to support gnatcatcher
habitat in perpetuity.
NC-1
1. During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
delineate all environmentally sensitive areas (ESAs)
within the project footprint and the immediately
surrounding areas in the project specifications. ESAs
include CSS, chaparral, and riparian/riverine
vegetation; the protected zone of any oak tree (5 feet
[ft]) outside the dripline or 15 ft from the trunk of the
tree, whichever is greater) or oak habitat; and
designated critical habitat (with constituent
elements).
2. In addition, all restoration and mitigation areas at
Coal Canyon adjacent to the project footprint will be
designated ESAs on the project plans.
3. Prior to clearing or construction, RCTC’s Resident
Engineer will require the design/build contractor to
install highly visible barriers (such as orange
construction fencing) around all designated ESAs. No
grading or fill activity of any type will be permitted
within the ESAs. In addition, no construction
activities, materials, or equipment will be allowed
within the ESAs. All construction equipment will be
operated in a manner so as to prevent accidental
damage to nearby preserved areas. No structure of
any kind, or incidental storage of equipment or
supplies, will be allowed within the ESAs. Silt fence
barriers will be installed at the ESA boundaries to
prevent accidental deposition of fill material in areas
where vegetation is adjacent to planned grading
activities.
Final EIR/EIS Design Builder Final design/
construction
NC-2
RCTC’s Resident Engineer will require the
design/build contractor to have a Designated
Qualified Biologist under contract. The Designated
Qualified Biologist will monitor construction in the
vicinity of the ESAs for the duration of construction to
flush any wildlife species present prior to construction
and to ensure that all vegetation removal, best
Final EIR/EIS Design Builder During
construction
Page 10-33
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
management practices (BMPs), ESAs, and all
avoidance and minimization measures are properly
implemented.
NC-3
To avoid effects to nesting birds, RCTC’s Resident
Engineer will require the design/build contractor to
conduct any native or exotic vegetation removal or
tree trimming activities outside of the nesting bird
season (i.e., February 15–September 15). In the
event that vegetation clearing is necessary during the
nesting season, RCTC’s Resident Engineer will
require the design/build contractor to have the
Designated Qualified Biologist conduct a
preconstruction survey within 300 ft of construction
areas no more than 7 days prior to construction to
identify the locations of nests. Should nesting birds
be found, an exclusionary buffer of 300 ft will be
established by the Designated Biologist around each
nest site. This buffer will be clearly marked in the field
by construction personnel under guidance of the
design/build contractor’s Designated Qualified
Biologist, and construction or clearing will not be
conducted within this zone until the Designated
Qualified Biologist determines that the young have
fledged or the nest is no longer active. In the event
that construction must occur within the 300 ft buffer,
the Designated Biologist will take steps to ensure that
construction activities do not disturb or disrupt
nesting activities. If the Designated Biologist
determines that construction activities are disturbing
or disrupting nesting activities, the Designated
Biologist will notify the Resident Engineer, who has
the authority to halt construction to reduce the noise
and/or disturbance to the nests. Responses may
include, but are not limited to, turning off vehicle
engines and other equipment whenever possible to
reduce noise, installing a protective noise barrier
between the nest and the construction activities,
and/or working in other areas until the young have
fledged.
Final EIR/EIS Design Builder
Prior to
construction;
during
construction
NC-4
When work is conducted during the fire season (as
identified by the Orange County Fire Authority
[OCFA], Riverside County Fire Department [RCFD],
City of Norco Fire Department, and/or the City of
Corona Fire Department) adjacent to any vegetated
open space, RCTC’s Resident Engineer will require
the design/build contractor to ensure that appropriate
firefighting equipment (e.g., extinguishers, shovels,
water tankers) is available on site during all phases
Final EIR/EIS Design Builder During
construction
Page 10-34
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
of project construction to help minimize the potential
for human-caused wildfires. Shields, protective mats,
and/or other fire-preventive methods will be used
during grinding, welding, and other spark-inducing
activities. Personnel trained in fire hazards,
preventive actions, and responses to fires will advise
contractors regarding fire risk from all construction-
related activities. If a responsible fire agency (OCFA,
RCFD, City of Norco Fire Department, or City of
Corona Fire Department) requires the RCTC to clear
defensible spaces during construction, the RCTC’s
Resident Engineer, the design/build contractor, and
the design/build contractor’s Designated Qualified
Biologist will coordinate with the USFWS prior to this
clearing effort. In the event there are resources in the
areas identified for defensible clearing, RCTC’s
Resident Engineer and the Designated Qualified
Biologist will coordinate with any applicable
permitting agencies regarding possible effects to
those resources prior to approving the defensible
clearing of any areas by the contractor.
During all Red Flag Warning periods as issued by the
National Weather Service, the design/build contractor
will not be allowed to operate mechanized equipment
or equipment that could throw off sparks or
potentially start fires in any areas of natural open
space in CHSP or other areas.
NC-5
During final design, the Project Engineer will
coordinate with the Designated Qualified Biologist to
identify developed or nonsensitive upland habitat
areas appropriate for use during construction for
equipment maintenance, staging, dispensing of fuel
and oil, or any other such activities and will delineate
and identify those areas on the project specifications.
The Designated Qualified Biologist will specifically
identify developed or nonsensitive upland habitat
areas to prevent any spill runoff on those sites from
entering waters of the United States. During
construction, RCTC’s Resident Engineer will require
the design/build contractor to ensure that all
equipment maintenance, staging, dispensing of fuel
and oil, or any other such activities occur in
developed or designated nonsensitive upland habitat
areas designated in the project specifications for
those uses.
Final EIR/EIS Design Builder
Final design;
during
construction
NC-6
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
identify the locations of all existing wildlife fencing
Final EIR/EIS Design Builder
Final design; prior
to and during
construction
Page 10-35
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
and will delineate and identify those areas on the
project specifications. Prior to and during
construction, RCTC’s Resident Engineer will require
the design/build contractor to install new fencing prior
to the removal of any existing wildlife fencing to
protect against wildlife-vehicle incidents. The new
fencing must be the same or greater height than the
previous wildlife fence.
The RCTC Resident Engineer will require the
design/build contractor to ensure that the fencing is
maintained and functional throughout the project
construction.
The Department will ensure that the fencing is
maintained and functional throughout the life of the
project to prevent wildlife-vehicle incidents.
NC-7
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
identify the habitat adjacent to Coal Canyon, B
Canyon, Fresno Canyon/Wardlow Wash, and
Bedford Wash that is anticipated to be disturbed by
construction activities and will delineate those areas
on the project specifications. As detailed in the
project specifications, RCTC’s Resident Engineer will
require the design/build contractor to restore habitat
adjacent to Coal Canyon, B Canyon, Fresno
Canyon/Wardlow Wash, and Bedford Wash that was
disturbed during construction as construction in the
affected areas is completed. That restoration will be
provided on a 1:1 ratio, using native vegetation as
determined by RCTC and the Department in
coordination with the resource agencies.
Final EIR/EIS Design Builder
Final design;
during
construction
NC-8
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
delineate all wildlife corridors within the project
footprint and the immediately surrounding areas as
Environmentally Sensitive Areas (ESAs) in the
project specifications. Prior to and during
construction, RCTC’s Resident Engineer will require
the design/build contractor to ensure that equipment
maintenance, lighting, and staging are limited to
designated areas away from wildlife corridor
entrances.
Final EIR/EIS Design Builder
Final design; prior
to and during
construction
NC-9
During final design, RCTC’s Project Engineer will
develop design and construction management
measures to direct temporary construction noise and
nighttime construction lighting and permanent facility
lighting away from the wildlife corridors, bridges
(structures potentially occupied by bats), biologically
Final EIR/EIS RCTC Final design; prior
to construction
Page 10-36
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
sensitive areas, Western Riverside County MSHCP
Conservation Areas, vegetated drainages, CSS in
CAGN-designated critical habitat with long-term
conservation value for covered species. Those
design measures will be approved by Department
District 8 Biology/Environmental prior to the
completion of final design. If construction work must
be done at night, RCTC’s Resident Engineer will
require the design/build contractor to properly
implement the measures developed during final
design to direct noise and direct lighting away from
the wildlife corridors, bridges, and biologically
sensitive areas during those nighttime construction
activities.
NC-10
Prior to and during construction, RCTC’s Resident
Engineer will require the design/build contractor to
keep the wildlife corridors clear of all equipment or
structures that could potentially serve as barriers to
wildlife passage.
Final EIR/EIS Design Builder
Prior to and
during
construction
NC-11
During final design, RCTC’s Project Engineer will
ensure that the existing culvert structures that will be
extended or modified by the project are designed so
that they are at least as compatible with wildlife
usage as the existing culvert structures. Those
culverts will be shown on the project specifications.
RCTC’s Resident Engineer will require the
design/build contractor to properly implement these
compatible culvert designs during construction.
Final EIR/EIS Design Builder Final design
NC-12
Within Coal Canyon, B Canyon, Fresno
Canyon/Wardlow Wash, and Bedford Wash, RCTC’s
Resident Engineer will require the design/build
contractor to limit the hours of construction within
1,000 ft of the centerline of each of these crossings
to daylight hours (7:00 a.m. to 4:00 p.m.) to ensure
continued use of these wildlife corridors during
construction, with the exception of limited periods
when evening or night work is required for safety or
operations reasons.
Final EIR/EIS Design Builder During
construction
NC-13
During final design, RCTC’s Project Engineer will
ensure that the design and construction process for
all structures required for bridge and/or culvert work
within Coal Canyon, B Canyon, Fresno
Canyon/Wardlow Wash, and Bedford Wash, will not
block the main underpass at these locations during
construction. RCTC’s Project Engineer will ensure
that the design of the scaffolding and false work is
restricted to the sides of the underpass and limits of
the existing exclusionary chain-link fence to maintain
Final EIR/EIS Design Builder
Final design;
during
construction
Page 10-37
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
the existing width of the wildlife corridor during
construction activities. During construction within
Coal Canyon, B Canyon, Fresno Canyon/Wardlow
Wash, and Bedford Wash, RCTC’s Resident
Engineer will require the design/build contractor to
ensure that all structures required for bridgework are
installed and constructed consistent with the final
design specifically to avoid blocking the main
underpass during construction and to restrict all
scaffolding and false work to the sides of the
underpass and limits of the existing exclusionary
chain-link fence to maintain the existing width of the
wildlife corridor during construction activities.
NC-14
Minimal equipment staging area is available at the
eastbound Coal Canyon off-ramp along the sides of
the paved road and will be used for the staging of
equipment for Coal Canyon work only. During final
design, RCTC’s Project Engineer will ensure that the
available area for construction staging at the
eastbound Coal Canyon off-ramp is delineated on the
project specifications.
RCTC’s Resident Engineer will require the
design/build contractor to minimize the use of this
area during construction and, where possible, to
avoid the area from February 15 to September 1.
RCTC’s Resident Engineer will require the
design/build contractor to ensure that vehicles staged
in this area are equipped with security lights.
Final EIR/EIS Design Builder
Final design;
during
construction
NC-15
During construction within Coal Canyon, RCTC’s
Resident Engineer will require the design/build
contractor to keep the Coal Canyon on- and off-
ramps open at all times for emergency and police
personnel. RCTC’s Resident Engineer will require the
design/build contractor to ensure that use of the
emergency access road as a turnaround or shortcut
for any construction or non-emergency traffic is
prohibited. That road will only be used during bridge
construction and general road construction at Coal
Canyon. RCTC’s Resident Engineer will also require
the design/build contractor to ensure that, in general,
no hauling is allowed at night through underpasses
and freeway off-ramps.
Final EIR/EIS Design Builder During
construction
NC-16
During construction in Coal Canyon, RCTC’s
Resident Engineer will require the design/build
contractor to close the gates at Coal Canyon at the
end of each construction day. The locations of those
gates will be shown on the project specifications.
Final EIR/EIS Design Builder During
construction
Page 10-38
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
NC-17
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
identify existing and proposed conservation areas
within the project footprint or in the immediately
surrounding areas and will designate those areas on
the project specifications. To reduce impacts where
the project interfaces with existing or proposed
conservation areas prior to and during construction,
RCTC’s Project Manager will ensure that the project
complies with the Urban/Wildlands Interface
Guidelines in Section 6.1.4 of the Western Riverside
County MSHCP. The project specifications will
include applicable guidelines from the Western
Riverside County MSHCP.
Final EIR/EIS RCTC Final design
NC-18
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
identify existing Criteria Areas within the project
footprint or in the immediately surrounding areas and
will designate those areas on the project
specifications.
To reduce impacts where the project is located within
the Criteria Area, RCTC’s Project Manager will
ensure that the project complies with the applicable
siting and design criteria and the Construction
Guidelines in Section 7.5.2 of the Western Riverside
County MSHCP. The project specifications will
include applicable guidelines from the Western
Riverside County MSHCP.
Final EIR/EIS Design Builder Final design
NC-19
During construction, RCTC’s Resident Engineer will
require the design/build contractor to comply with
guidelines from the Western Riverside County
MSHCP included in the project specifications. The
SR-91 CIP is a covered project. Therefore, RCTC’s
Resident Engineer will ensure that the SR-91 CIP
complies with all Western Riverside County MSHCP
Construction Guidelines and Standard BMPs prior to
and during construction.
Final EIR/EIS Design Builder During
construction
WET-1
Riverside County Transportation Commission’s
(RCTC) Project Manager will ensure that prior to any
clearing or construction, a Section 404 Nationwide
Permit is obtained through the United States Army
Corps of Engineers (Corps) pursuant to Section 404
of the Clean Water Act (CWA). RCTC’s Resident
Engineer will retain a copy of the Corps permit at the
construction site and will ensure that the conditions in
that permit are properly implemented prior to and
during construction.
Final EIR/EIS Design Builder Prior to
construction
Page 10-39
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
WET-2
RCTC’s Project Manager will ensure that prior to any
clearing or construction, a Streambed Alteration
Agreement with California Department of Fish and
Game (CDFG) is obtained. RCTC’s Resident
Engineer will retain a copy of the CDFG agreement
at the construction site and will ensure that the
conditions in that agreement are properly
implemented prior to and during construction.
Final EIR/EIS Design Builder Prior to
construction
WET-3
RCTC’s Project Manager will ensure that prior to any
clearing or construction, a Section 401 Water Quality
Certification from the Regional Water Quality Control
Board (RWQCB) is obtained.
RCTC’s Resident Engineer will retain a copy of the
Section 401 certification at the construction site and
will ensure that the conditions in that certification are
properly implemented prior to and during
construction.
Final EIR/EIS Design Builder Prior to
construction
PS-1
As part of the SR-91 CUP Habitat Mitigation and
Monitoring Plan, trees and shrubs will be planted at
appropriate locations, and the species list to be used
for those plantings will include Southern California
black walnut and Coulter's matilija poppy. At a
minimum, 30 Southern California black walnut trees
will be planted.
Final EIR/EIS RCTC's Project
Manager
Required for Initial
Phase; Timing
during the
design/build
phase
AS-1
During final design, the Riverside County
Transportation Commission’s (RCTC) Project
Engineer will coordinate with the Designated
Qualified Biologist to identify all areas of potential
burrowing owl (BUOW) habitat within the project
footprint or in the immediately surrounding areas and
will designate those areas on the project
specifications. To ensure that any BUOW that may
occupy the site in the future are not affected by
construction activities, RCTC’s Resident Engineer
will require the design/build contractor to have
preconstruction BUOW surveys conducted by a
Designated Qualified Biologist within 30 days prior to
any phase of construction in the areas identified as
potential BUOW habitat. These preconstruction
surveys are also required to comply with the Western
Riverside County Multiple Species Habitat
Conservation Plan (MSHCP), the federal Migratory
Bird Treaty Act (MBTA), and the California Fish and
Game Code. If any of the preconstruction surveys
determine that BUOW are present, one or more of
the following mitigation measures may be required:
(1) avoidance of active nests/burrows and
surrounding buffer area during construction activities;
Final EIR/EIS Design Builder Final design
Page 10-40
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
(2) passive relocation of individual owls;
(3) active relocation of individual owls; and
(4) preservation of on-site habitat with long-term
conservation value for the owl. The specifics of the
required measures will be coordinated among the
Department District Biologist, RCTC’s Project
Manager, RCTC’s Resident Engineer, the
design/build contractor, the design/build contractor’s
Designated Qualified Biologist, and the resource
agencies.
RCTC’s Resident Engineer will ensure that any
BUOW measures determined to be required based
on the results of the preconstruction surveys and the
required coordination are properly implemented by
the design/build contractor prior to and during
construction in the BUOW areas identified in the
surveys.
Final EIR/EIS
AS-2
During final design, RCTC’s Project Engineer will
coordinate with the Designated Qualified Biologist to
identify all areas of potential bat habitat within the
project footprint or in the immediately surrounding
areas and will designate those areas on the project
specifications. RCTC’s Project Manager will require
the design/build contractor to have a Designated
Qualified Bat Biologist survey all potential bat habitat
in June, prior to construction, to assess the potential
for the presence of maternity roosts because
maternity roosts are generally formed in late spring.
The Designated Qualified Bat Biologist will also
perform preconstruction surveys because bat roosts
can change seasonally. The surveys will include a
combination of structure inspection, sampling, exit
counts, and acoustic surveys.
Final EIR/EIS Design Builder Final design
AS-3
To avoid direct mortality to bats roosting in areas
subject to effects from construction activities, RCTC’s
Resident Engineer will require the design/build
contractor to ensure that any structure with potential
bat habitat will have temporary bat exclusion devices
installed under the supervision of the Designated
Qualified Bat Biologist prior to construction. The
installation of the exclusion devices will be conducted
during the fall (September or October) to avoid
trapping flightless young inside during the summer
months or hibernating individuals during the winter.
Such exclusion efforts must be continued to keep the
structures free of bats until the completion of
construction. Replacement roosting habitat may also
Final EIR/EIS Design Builder Prior to
construction
Page 10-41
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
be needed to minimize effects to excluded bats. All
bat exclusion techniques will be coordinated among
the California Department of Transportation
(Department) District 8 Biologist, the Department
District 12 Biologist, RCTC’s Project Manager,
RCTC’s Resident Engineer, the design/build
contractor, the design/build contractor’s Designated
Qualified Bat Biologist, and the resource agencies.
AS-4
As required in Measure NC-10, RCTC’s Resident
Engineer will ensure that all construction work on
bridges will take place during the day to the best
extent feasible. Limited evening and/or night
construction may be required for safety and/or
operations reasons. The RCTC Project Engineer will
require the design/build contractor to include
construction management measures to direct lighting
and noise away from bat night roosting areas in the
project specifications. The RCTC Resident Engineer
will require the design/build contractor to implement
those measures during evening and night
construction as much as possible while providing for
safe facility operations and construction worker
safety.
Final EIR/EIS Design Builder During
construction
AS-5
RCTC’s Project Engineer will ensure that the final
design specifically addresses keeping riparian
vegetation delineated on the project specifications
that is adjacent to bat roosting sites (which include
crevices in bridges, culverts, and overhead
structures) intact during construction per measures
included in the project specifications. Prior to and
during construction, RCTC’s Resident Engineer will
require the design/build contractor to properly
implement the measures in the project specifications
to keep riparian vegetation adjacent to bat roosting
sites intact.
Final EIR/EIS Design Builder
Prior to and
during
construction
AS-6
To prevent project effects to bridge- and crevice-
nesting birds (i.e., swifts and swallows), RCTC’s
Resident Engineer will require the design/build
contractor to ensure that all work on existing bridges
with potential habitat that is conducted between
February 15 and October 31 includes removal of all
bird nests prior to construction under the guidance
and observation of the Designated Qualified Biologist
prior to February 1 of that year, before the swallow
colony returns to the nesting site. Removal of
swallow nests that are under construction must be
repeated as frequently as necessary to prevent nest
completion or until a nest exclusion device is installed
Final EIR/EIS Design Builder During
construction
Page 10-42
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
(such as netting or a similar mechanism that keeps
birds from building nests). Nest removal and
exclusion device installation will be monitored by the
Designated Qualified Biologist. Such exclusion efforts
must be continued to keep the structures free of
swallows until September or completion of
construction. All nest exclusion techniques will be
coordinated among the Department District 8
Biologist, the Department District 12 Biologist,
RCTC’s Project Manager, RCTC’s Resident
Engineer, the design/build contractor, the
design/build contractor’s Designated Qualified
Biologist, and the resource agencies.
AS-7
During final design, RCTC’s Project Manager, the
Department District 8 Biologist, the Department
District 12 Biologist, and the Designated Qualified
Biologist will determine whether structural features
providing existing bat roosting habitat cannot be
permanently retained following construction. If that is
the case, RCTC’s Project Manager, RCTC’s Project
Engineer, the Department District 8 Biologist, the
Department District 12 Biologist, and the Designated
Qualified Biologist will identify alternative roosting
habitat to be installed during project construction.
The project specifications will include suitable
designs and specifications for bat exclusion and
habitat replacement structures.
Prior to and during construction, RCTC’s Resident
Engineer will require the design/build contractor to
properly implement the designs and specifications for
bat exclusion and habitat replacement structures
included in the project specifications. The installation
and maintenance of those structures will be
monitored by the Designated Qualified Biologist.
Final EIR/EIS Design Builder
Final design; prior
to and during
construction
AS-8
RCTC’s Resident Engineer will require the
design/build contractor to install and maintain silt
fence barriers at all staging or construction areas at
Coal Canyon and areas within Chino Hills State Park
(CHSP) to prevent small animals from entering those
areas.
Final EIR/EIS Design Builder During
construction
TE-1
Prior to any ground disturbing activities, an individual
will be identified as the Designated Biologist. A
qualified Designated Biologist must have a
Bachelor’s degree with an emphasis in ecology,
natural resource management, or related science; 3
years of experience in field biology or current
certification of a nationally recognized biological
society, such as The Ecological Society of America
Final EIR/EIS Design Builder Prior to
disturbance
Page 10-43
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
or The Wildlife Society; previous experience with
applying the terms and conditions of a Biological
Opinion; and the appropriate permit and/or training if
conducting focused or protocol surveys for listed
species.
The Riverside County Transportation Commission
(RCTC) will ensure the Designated Biologist position
is filled throughout the construction period. Each
successive Designated Biologist (if applicable) will be
approved by the United States Fish and Wildlife
Service (USFWS) and California Department of Fish
and Game (CDFG) (hereafter referred to as the
Wildlife Agencies).
The Designated Biologist will have the authority to
ensure compliance with conservation measures and
will be the primary agency contact for the
implementation of these measures. The Designated
Biologist will have the authority and responsibility to
halt activities that are in violation of the conservation
measures.
TE-2
To minimize adverse effects from dust during all site
disturbance, grading, and construction activities, the
design/build contractor will ensure that all active parts
of the construction site are watered a minimum of
twice daily or more often when needed due to dry or
windy conditions to prevent excessive amounts of
dust. Additionally, the design/build contractor will
ensure that all stockpiled material is sufficiently
watered or covered to prevent excessive amounts of
dust.
Final EIR/EIS Design Builder During
construction
TE-3
All erosion and sediment control devices during
project construction and operation, including fiber
rolls and bonded fiber matrix, will be made from
biodegradable materials such as jute, with no plastic
mesh, to avoid creating a wildlife entanglement
hazard.
Final EIR/EIS Design Builder During
construction
TE-4
During all site disturbance, grading, and construction
activities, the design/build contractor will be required
to control noise from construction activity consistent
with Caltrans Standard Specifications, Section 14-
8.02, “Noise Control,” and the California Department
of Transportation (Caltrans) Standard Special
Provisions S5-310. Noise levels from construction
operations within the State right-of-way between the
hours of 9:00 p.m. and 6:00 a.m. will not exceed 86
A-weighted decibels (dBA) at a distance of 50 feet (ft)
from the noise source. The noise level requirement
will apply to the equipment on the job site or related
Final EIR/EIS Design Builder During
construction
Page 10-44
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
to the job, including, but not limited to, trucks, transit
mixers, or transient equipment that may or may not
be owned by the contractor.
TE-5
During all site disturbance, grading, and construction
activities in and immediately adjacent to biologically
sensitive areas, Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP)
Conservation Areas, vegetated drainages, and
coastal sage scrub (CSS) in coastal California
gnatcatcher (CAGN) designated critical habitat, the
design/build contractor will be required to control
noise from construction activity by using an
alternative warning method instead of a sound signal
unless required by safety laws. In addition, the
contractor will equip all internal combustion engines
with the manufacturer-recommended mufflers and
will not operate any internal combustion engine on
the job site without the appropriate mufflers. As
directed by the RCTC Resident Engineer, the
contractor will implement appropriate additional noise
mitigation measures, including changing the location
of stationary construction equipment, turning off idling
equipment, rescheduling construction activity,
notifying adjacent residents in advance of
construction work, and installing acoustic barriers
around stationary construction noise sources.
Final EIR/EIS Design Builder During
construction
TE-6
In accordance with the Municipal Codes of the Cities
of Anaheim, Corona, Riverside, and Norco, the
design/build contractor will be required to limit
construction activities to between the hours of 7:00
a.m. and 7:00 p.m., Monday through Friday,
excluding weekends and holidays. If construction is
needed outside those hours or days, the design/build
contractor will be required to coordinate with the
affected local jurisdiction. If the local jurisdiction
approves construction hours that are different from
those imposed by this measure, then the design/build
contractor will immediately request that RCTC
consider a modification to this measure to allow
construction during the new hours that the local
jurisdiction approved.
Final EIR/EIS Design Builder During
construction
TE-7
In the major wildlife movement corridors at, Coal
Canyon, Wardlow Wash, and Fresno Canyon, and
areas adjacent to least Bell’s vireo and CAGN
occupied areas (approximately Post Mile [PM] ORA-
91-R17.16 to PM ORA-91-R18.74), construction
activities will be limited to between the hours of 7:00
a.m. and 7:00 p.m., Monday through Friday. Should
Final EIR/EIS Design Builder During
construction
Page 10-45
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
an exception to this measure be necessary, RCTC
and the California Department of Transportation
(Department) will consult with the Wildlife Agencies
to determine effective measures to avoid and
minimize adverse impacts to these species and
movement corridors.
TE-8
Braunton’s Milk-vetch Conservation Measures. A pre-
construction survey will be conducted prior to ground
disturbing activities in the vicinity of the historical
occurrence in Coal Canyon in Orange County. This
survey will be conducted by a biologist familiar with
the species and during the appropriate time of year to
optimize detection.
Should Braunton’s milk-vetch be found during
surveys, the Designated Biologist will consult with the
USFWS to determine effective measures to avoid
and minimize adverse impacts to this species.
Final EIR/EIS Design Builder Prior to
construction
TE-9
Coastal California Gnatcatcher Conservation and
Compensatory Measures. The Designated Biologist
(or their designee) will monitor construction within the
vicinity of CAGN-designated critical habitat areas
prior to and during site preparation, grading, and
construction activities, to flush any wildlife species
present prior to construction and to ensure that
vegetation removal, best management practices
(BMPs), Environmentally Sensitive Areas (ESAs),
and all avoidance and minimization measures are
properly implemented and followed.
Final EIR/EIS Design Builder During
construction
TE-10
RCTC will offset the permanent loss of 8.42 acres
(ac) of occupied CAGN habitat in Orange County,
including 6.32 ac of designated critical habitat, by
restoring 16.03 ac of habitat suitable for CAGN
breeding, dispersal, and foraging in Chino Hills State
Park (CHSP) to be conducted during the Initial Phase
of the project. If restoration is unable to be conducted
in CHSP, another location will be selected on
approval of the Wildlife Agencies.
Final EIR/EIS RCTC After construction
TE-11
RCTC will offset the temporary loss of 3.01 ac of
occupied CAGN habitat in Orange County, including
2.09 ac of CAGN-designated critical habitat, with in-
kind, or better, on-site restoration after the
completion of project construction.
Final EIR/EIS RCTC After construction
TE-12
Prior to site preparation, grading or construction
activities, a restoration plan will be developed by a
qualified biologist for the permanent and temporary
impacts to occupied CAGN habitat in Orange County,
including designated critical habitat. The plan will be
Final EIR/EIS Design Builder Prior to
construction
Page 10-46
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
submitted to the USFWS for review and approval.
This plan will include, at a minimum, a detailed
description of restoration methods, slope
stabilization/erosion control, criteria for restoration to
be considered successful, and monitoring and
reporting protocol(s).
The restoration plan will be implemented for a
minimum of 5 years, unless success criteria are met
earlier and all artificial watering has been off for at
least 2 years.
TE-13
During all site preparation, grading, and construction
activities in Orange County, the RCTC Resident
Engineer, will require the design/build contractor to
use shielded lighting for any nighttime construction
adjacent to coastal sage scrub in CAGN-designated
critical habitat.
Final EIR/EIS Design Builder During
construction
TE-14
Riparian Birds Conservation Measures. During the
bird breeding season (i.e., February 15–September
15), the Designated Biologist (or their designee) will
monitor riparian and riverine areas within 500 ft of
active construction areas for the duration of the
construction in those areas to survey for active nests
and/or nesting activity to ensure breeding activities
are not disrupted and to ensure vegetation removal,
BMPs, ESAs, and all avoidance and minimization
measures are properly implemented.
Final EIR/EIS Design Builder During
construction
TE-15
Measure for Light Intrusion and Wildfires. To
minimize adverse effects from light intrusion from
vehicle headlights and the potential threat of
increased fires from the operation of State Route 91
(SR-91), during final design, the Department and
RCTC will work with the USFWS to investigate the
possibility of adding features along SR-91 in the
vicinity of the Coal Canyon wildlife crossing in
Orange County. For example, consideration can be
given to the placement of K-rail, concrete walls,
and/or hardscaping barriers along the shoulder of
SR-91. In investigating these features, consideration
must be given to motorist safety, freeway operations,
vehicle headlight mitigation and the potential fire
threat.
Final EIR/EIS RCTC Ultimate Phase
TE-16
Santa Ana Sucker Conservation Measures. The
United States Army Corps of Engineers (Corps) is in
the process of constructing the Santa Ana River
(SAR) Reach 9 Phase 2 Green River Golf Club
Embankment Protection Project within the action
area. Following completion of the embankment
construction, perennial stream habitat for the Santa
Final EIR/EIS Design Builder During
construction
Page 10-47
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
Ana sucker will be reestablished within the
construction footprint. The Department and RCTC
will coordinate with the Corps during construction of
the SR-91 CIP to ensure these restoration areas will
not be temporarily or permanently impacted during
construction of the SR-91 CIP.
TE-17
The Department and RCTC will coordinate with the
Corps during construction to ensure that the SR-91
CIP will not affect releases from Prado Dam or result
in a permanent reduction of acreage within the Santa
Ana River Canyon Habitat Management Area.
Final EIR/EIS Design Builder During
construction
IS-1
During final design, Riverside County Transportation
Commission (RCTC) Project Engineer will direct a
qualified landscape architect develop a weed
abatement program for inclusion in the project
specifications. That program will be developed in
compliance with Executive Order (EO) 13112 to
minimize the potential for intrusion or export of
invasive plant species to and from the biological
study area (BSA) during project construction. At a
minimum, the following will be included in the weed
abatement program and implemented prior to and
during construction to address potential effects
associated with invasive species:
Final EIR/EIS Design Builder Final design; prior
to construction
IS-1a
RCTC’s Resident Engineer will require the
design/build contractor to inspect and clean
construction equipment at the beginning and end of
each day and prior to transporting equipment from
one project location to another.
RCTC’s Resident Engineer will require the
design/build contractor to limit soil and vegetation
disturbance to those areas specifically required for
the project construction.
Final EIR/EIS Design Builder During
construction
IS-1b
RCTC’s Resident Engineer will require the
design/build contractor to obtain soil, gravel, and rock
from weed-free sources.
RCTC’s Resident Engineer will require the
design/build contractor to use only certified weed-free
straw, mulch, and/or fiber rolls for erosion control
during construction.
Final EIR/EIS Design Builder During
construction
IS-1c
Prior to the completion of construction, RCTC’s
Resident Engineer will require the design/build
contractor to revegetate affected areas adjacent to
native vegetation with plant species that are native to
the vicinity and approved by the California
Department of Transportation (Department) District 8
and District 12 Biologists.
Final EIR/EIS Design Builder During
construction
Page 10-48
ECR ID Avoidance, Minimization, and/or Mitigation
Measures
Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
Action(s) Taken to
Implement Measure
Measure
Completed
(Date and
Initials)
Remarks
Environmental
Compliance for
Ultimate
Project
YES / NO
IS-1
RCTC’s Resident Engineer will require the
design/build contractor to not use any species listed
in the California Invasive Plant Council (Cal-IPC)
California Invasive Plant Inventory with a high or
moderate rating in revegetation.
Final EIR/EIS Design Builder During
construction
IS-1d
After construction, RCTC’s Resident Engineer will
ensure that erosion control and revegetation sites are
monitored until achievement of the performance
standards included in the weed abatement program
or for a period of 2 to 3 years after installation to
detect nonnative species prior to the establishment of
the native vegetation.
Final EIR/EIS Design Builder After construction
IS-1e
RCTC’s Resident Engineer will require the
design/build contractor and the post-construction
monitors to implement eradication procedures (e.g.,
spraying and/or hand weeding) should an infestation
occur. The use of herbicides will be prohibited within
and adjacent to native vegetation, except as
specifically authorized and monitored by the
Department District 8 and District 12 Biologists during
and after project construction.
Final EIR/EIS
Design Builder
During
Construction
Final EIR/EIS After construction
IS-1f
During construction, RCTC’s Resident Engineer will
require the design/build contractor to reduce indirect
impacts of exotic plant infestations and litter by
regular roadside maintenance to remove litter and
weeds from the right-of-way.
Because the Department already conducts regular
ongoing maintenance of landscaping in the State
right-of-way, no additional project-specific measures
for invasive species are required during project
operations.
Final EIR/EIS Design Builder During
construction
HW-15
For buildings that would be demolished as part of
ROW acquisition and/or construction, Asbestos
Containing Material (ACM) and Lead Based Paint
(LMP) testing shall be performed after ROW
acquisition and prior to building demolition.
Revalidation #2 for
Initial Phase Design Builder During
construction
HW-16
Herbicide, pesticide, and fungicide testing shall be
performed on the soils within acquired ROW at the
Green River Golf Club (5215 Green River Road,
Corona, CA).
Revalidation #2 for
Initial Phase Design Builder During
construction
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 24, 2019
TO: Western Riverside County Programs and Projects Committee
FROM: David Thomas, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: Request for Proposal to Design and Construct the Interstate 15/State Route
91 Express Lanes Connector Project Through a Design-Build Contract
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Authorize staff, subject to concurrence by the California Department of Transportation
(Caltrans) and the Federal Highway Administration (FHWA), to issue Request for Proposal
(RFP) No. 19-31-074-00 and future addenda to design and construct the Interstate
15/State Route 91 Express Lanes Connector (15/91 ELC) project through a design-build
(DB) contract;
2) Approve the selection criteria for the selection of the apparent best value (ABV) proposer;
3) Authorize the Executive Director to select the top-ranked ABV proposer for DB services,
based on the criteria identified in the RFP and addenda, and to conduct subsequent
limited negotiations;
4) Authorize the Executive Director to pay, to the unsuccessful shortlisted DB proposers (or
potentially all DB proposers in the case that the procurement is cancelled after the
proposal due date) that submit a timely and responsive proposal, a stipend of $225,000,
plus a contingency amount of $25,000 per proposer, for a total amount not to exceed
$1 million;
5) Authorize the Executive Director or designee to approve stipend contingency up to the
total amount not to exceed as deemed necessary; and
6) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The 15/91 ELC will provide a tolled express lanes connector between the existing RCTC 91 Express
Lanes and the future 15 Express Lanes to the north of SR-91. A detailed vicinity map of the 15/91
ELC is provided as Attachment 1. The 15/91 ELC involves adding:
1) A single-lane tolled express lane connector from the eastbound RCTC 91 Express Lanes to
the future northbound 15 Express Lanes that would extend in the median of I-15 to the
Hidden Valley Road interchange; and
45
Agenda Item 9
2) A single-lane tolled express lane connector from the future southbound 15 Express Lanes
that would extend from the median of I-15 at the Hidden Valley Road interchange and
would connect to the westbound RCTC 91 Express Lanes.
In addition, operational improvements are proposed along eastbound SR-91 by extending the
eastbound RCTC 91 Express Lane to approximately 0.5 mile east of the 15/91 interchange and
widening SR-91 to accommodate extending the outside eastbound general purpose lane from
the SR-91 bridge over Arlington Channel to east of Promenade Avenue. A variable toll messaging
sign would also be installed on eastbound SR-91 near the Orange/Riverside county line.
In April 2017 Governor Brown signed Senate Bill 132 (SB 132) which appropriated $427 million to
the Riverside County Transportation Efficiency Corridor (RCTEC) for five projects. SB 132
allocated $180 million to the 15/91 ELC project. The current estimated capital cost of the project
is $220 million. At its January 2019 workshop, the Commission committed to fund the remaining
balance with surplus toll revenue from the RCTC 91 Express Lanes. The Commission is also
seeking federal funds to build the 15/91 ELC project.
SB 132 statutorily created a task force to develop recommendations to accelerate project
delivery of the RCTEC projects. On June 27, 2017, Governor Brown signed budget trailer bill
Assembly Bill 115 (AB 115) through which the Commission received additional project delivery
authority to ensure cost-effective and timely delivery of the 15/91 ELC.
At its October 2017 meeting, the Commission approved an overall procurement strategy for the
15/91 ELC to secure all the services and construction needed to deliver the project. The approved
strategy consists of a series of contract amendments, as permitted by AB 115, to existing SR-91
Corridor Improvement Project (91 Project) and I-15 Express Lanes Project (ELP) contracts with
engineering companies, contractors, toll vendors, legal, and financial advisors. As part of the
overall procurement strategy, the Commission approved initiating negotiations with the I-15 ELP
DB Contractor to amend the I-15 ELP DB contract to design and construct the 15/91 ELC project.
The overall procurement strategy also included an alternative procurement strategy (plan B) to
be implemented should staff feel it warranted due to the unsuccessful outcome of negotiations
with the I-15 ELP DB contractor.
In April 2018, staff initiated negotiations with the I-15 ELP DB contractor to amend the I-15 ELP
contract to include the 15/91 ELC work. To ensure that a fair and reasonable cost, schedule, and
risk transfer is negotiated, staff and the Commission’s consultant team performed an
independent construction estimate to allow for a separate comparison of costs and to support
direct negotiations with the I-15 ELP DB contractor. In November 2018, staff and the I-15 ELP DB
contractor were unable to reach an agreement on a negotiated price for the 15/91 ELC project.
To advance the 15/91 ELC work while the new procurement is underway, the I-15 ELP DB contract
was amended to include specific final engineering design and construction work to accommodate
the 15/91 ELC project. Between April 2018 and October 2018, the Commission approved one
contract amendment and three contract change orders to the I-15 ELP contract to design and
construct certain work to accommodate the 15/91 ELC project. The combined amendments and
46
Agenda Item 9
change orders amounted to $24,634,604 and a contingency amount of $1,689,300 for a total
amount of $26,323,904.
DISCUSSION:
Industry Outreach and Procurement Strategy
On February 4, 2019, staff issued a letter to the industry announcing the upcoming release of a
Request for Qualifications (RFQ) for the 15/91 ELC project. The Commission conducted
numerous meetings with interested companies to garner their input about the 15/91 ELC project
prior to the release of the RFQ. On March 4, 2019, the Commission released the DB RFQ
No. 19-31-001-00 and received seven (7) Statements of Qualifications (SOQs). Shortly after the
SOQs were received, the Pass/Fail and Responsiveness Subcommittee, comprised of the
Commission’s consultant team, reviewed the SOQs for responsiveness using pass/fail criteria
related to minimum qualifications, financial stability and safety record. SOQs were then
evaluated and scored by a DB evaluation and selection review committee comprised of
Commission staff and public agency personnel. The selection review committee evaluated each
SOQ in accordance with the evaluation criteria listed in the RFQ, which included the proposed DB
team structure and experience and approach to project scope. Technical Advisory
Subcommittees, comprised of staff and the Commission’s consultant team, also reviewed the
SOQs for financial and legal responsiveness and made recommendations to the selection review
committee. Based on the evaluations and recommendations, the selection review committee
shortlisted the following four DB firms:
1. Guy F. Atkinson Construction, LLC., dba Guy F. Atkinson
2. Flatiron West, Inc.
3. MCM Construction, Inc.
4. Myers-Rados, a Joint Venture
The draft DB RFP No. 19-31-074-00 was developed in coordination with Caltrans and FHWA, and
an industry review draft was issued to the shortlisted DB firms on May 9, 2019 to garner industry
feedback. Staff hereby requests authorization to release the final approved RFP and subsequent
addenda to the DB shortlisted firms.
Apparent Best Value Determination
Proposals will be due to the Commission in November 2019. Once the proposals have been
received, they will be evaluated using an ABV determination on both price and technical
proposal. The ABV is based on a 100-point scale. The price score will represent up to 80 points
of the total score, and the technical score will represent up to 20 points of the total score. The
determination of ABV shall be based on the highest total proposal score (TPS) computed based
on the following formula:
47
Agenda Item 9
Total Proposal Score (maximum 100 pts.) = Price Score (maximum 80 pts.) + Technical Proposal
Score (maximum 20 pts.)
The price score will be calculated based on the following formula:
Price Score = (PPLow/PP) * 80, where;
PPLow = Lowest Proposal Price (PP) submitted by any proposer as determined by its fixed price.
PP = Each proposer’s Price as determined by its fixed price.
The technical score will be calculated based on the following formula:
Technical Score = (TP/TP High) * 20, where;
TP = Proposer’s Technical Proposal evaluation score.
TP High = Highest Technical Proposal evaluation score achieved by any proposer.
The technical score calculation will be based on the following primary categories:
• Technical Approach
• Project Delivery Approach
• Quality Management Approach
Additional details of the evaluation are outlined in the RFP’s Instructions to Proposers that will
be issued to the shortlisted firms. Once the DB ABV proposer has been selected, staff will conduct
limited negotiations that may include minor revisions to the contract terms, technical provisions,
and/or scope and return to the Commission with a recommendation to award the Contract in
Spring 2020.
Milestone Activity Procurement Schedule
Issued letter to the industry February 4, 2019
Completed
Issued Request For Qualifications March 4, 2019
Completed
Issued Draft RFP (to shortlisted proposers) May 9, 2019
Completed
One-on-One meetings May 29 & 30 2019
Completed
Issue Final RFP (to shortlisted proposers) July 2019
Final RFP addendum October 2019
Proposal due date November 2019
Selection, negotiation, and staff recommendation January 2020
Committee and Commission approval of contract award February/March 2020
Contract Award and Notice to Proceed Spring 2020
48
Agenda Item 9
Stipend
A stipend is an amount paid to proposers who submit a timely and responsive, but unsuccessful
proposal on DB procurements. Use of stipends is considered an industry best practice commonly
used by agencies nationally to reduce costs to industry for participation in DB procurements and
provide proposers partial compensation for development of technical concepts and innovations.
Stipends generally cover 20-40 percent of proposer’s cost to prepare a responsive proposal/bid
and allow an agency to have the right to incorporate a proposer’s technical concepts and
innovations into the project or elsewhere. Stipends have been found to also increase
competition by allowing firms to participate due to lower proposal costs and enhance price
competition by keeping proposers in the game. The Commission has twice previously approved
the use of DB procurement stipends for the 91 Project and the I-15 ELP.
Under 23 CFR 636.112 and 636.113, FHWA provides for federal-aid participation in stipends with
certain stipulations. There is no fixed formula for stipends. Industry surveys reveal that stipends
are typically found to be in the range of 0.06 percent to 0.2 percent of the contract value. Since
the 15/91 ELC project is a complex project with several challenges including structural design
issues, maintenance of traffic issues for general purpose and operational express lanes along
SR-91 and I-15, and significant coordination with railroad companies and flood control facilities,
staff recommends a stipend on the higher end of the industry range. The following table
summarizes stipend awards on recent, similar projects and includes the current 15/91 ELC project
staff recommendation.
Project Location DB Contract Stipend % Notes
15/91 ELC CA $130 million
(estimated)
$225,000 0.17% Complex engineering; main-
tenance of traffic and
multiple connector bridges.
Limited concept plans
required
I-15 ELP CA $266 million $275,000 0.10% Concept plans not required
SR-91 Corridor
Improvement
Project
CA $795 million $650,000 0.08% Concept plans required
I-10 Contract 1 CA $673 million $500,000 0.07% Concept plans required
I-405
Sepulveda Pass
CA $1.1 billion $1 million 0.09%
CA High Speed
Rail, CP-2
CA $1.5 billion $2 million 0.13% Complex engineering, but
concept plans not required
Gerald
Desmond
Bridge
CA $750 million $1 million 0.13% Concept plans required
Grand Parkway
Toll Road
TX $850 million $1 million 0.12% Concept plans required
49
Agenda Item 9
Grand Parkway
Toll Road
TX $1.3 billion $747,000 0.06%
USA Parkway NV $80 million $100,000 0.13% Concept plans required for
18 miles of roadway
I-15 South NV $245 million $300,000 0.12% Concept plans required;
complex maintenance of
traffic and interchange
project with bridges
Legacy
Parkway
UT $300 million $500,000 0.17%
Staff recommends a stipend of $225,000 to each responsive but unsuccessful proposer, which is
approximately 0.17 percent of the estimated DB contract value for the 15/91 ELC project. One-
on-one meetings with proposers to be conducted after issuance of the final RFP may reveal the
need to increase the stipend value. Therefore, an additional stipend contingency amount of
$25,000 per each proposer is requested. In the unlikely case that the Commission cancels the
procurement after the proposal due date, all proposers that had submitted a responsive proposal
would receive the stipend.
Payment of the stipend to the unsuccessful proposers will be made if the proposal is determined
by the Commission to be responsive, achieves a passing score under the criteria identified in the
RFP, and all other conditions of the stipend agreement included in the RFP are met. Proposers
will not receive a stipend if the Commission withdraws the RFP prior to the due date. Proposers
will also not receive a stipend if they file a protest of, or otherwise challenge, the procurement
process, award or cancellation of the procurement process and such protest or challenge is
dismissed or unsuccessful as determined by the Commission. Payment of the stipend to each
unsuccessful proposer will be made only after the DB contract has been awarded to the
successful proposer. The successful proposer will not receive a stipend provided the
procurement is not cancelled after the proposal due date.
RECOMMENDATION:
Staff recommends authorization to issue RFP No. 19-31-074-00 and future addenda, subject to
concurrence by Caltrans and FHWA, to design and construct the 15/91 ELC project through a DB
contract. Staff also requests approval of the selection criteria of the ABV proposer and
authorization for the Executive Director to select the top-ranked ABV proposer for DB services,
based on the criteria identified in the RFP and any addenda, and to conduct subsequent limited
negotiations. Staff recommends the Commission authorize the Executive Director to pay, to the
unsuccessful shortlisted DB proposers (or potentially all DB proposers in the case that the
procurement is canceled after the proposal due date) that submit a timely and responsive
proposal, a stipend of $225,000 plus a contingency amount of $25,000 per proposer, for a total
amount not to exceed $1 million. Additionally, staff recommends that the Commission authorize
the Executive Director or designee to approve stipend contingency up to the total amount not to
exceed as deemed necessary.
50
Agenda Item 9
Financial Information
In Fiscal Year Budget: Yes Year: FY 2019/20 Amount: $1 million
Source of Funds: SB 132 State Funds Budget Adjustment: No
GL/Project Accounting No.: 003039 81603 00000 0000 605 31 81601
Fiscal Procedures Approved: Date: 06/13/2019
Attachment: 15/91 Express Lanes Connector Vicinity Map
51
MOUNTAIN AveMOUNTAIN AveRI
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15
SR-91 PM 8.1
END CONSTRUCTION
I-15 PM 43.4
END CONSTRUCTION
SCHOOL
HIGH
NORCO
SCHOOL
HIGH
NORCO
91
NORTH
91
I-15 PM 41.5
BEGIN CONSTRUCTION
ORA
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U
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COUNTYRIVERSIDECOAL CANYON RdCOAL CANYON RdSR-91 PM 6.6
BEGIN CONSTRUCTION
CCO 6 / CCO 10
CONNECTOR PROJECT
EXPRESS LANES
APPROXIMATELY 9 MILES WEST OF THE 15/91 JUNCTION
SR-91 PM R17.3
INSTALL NEW VTMS
SR-91 CIP APE
LEGEND
PROPOSED RE-STRIPING
COUNTY LINE
VTMS VARIABLE TOLL MESSAGE SIGN
EXPRESS LANES CONNECTOR PROJECT
CCO 6 / CCO 10
I-15/SR-91 EXPRESS LANES CONNECTOR
91
NORTH
ORA
N
G
E CO
U
N
TY
COUNTYRIVERSIDECOAL CANYON RdCOAL CANYON RdAPPROXIMATELY 9 MILES WEST OF THE 15/91 JUNCTION
SR-91 PM R17.3
INSTALL NEW VTMS
52
15/91 EXPRESS LANES CONNECTOR PROJECT
Request for Proposal for Design-Build Contract
Presented by: David Thomas, Toll Project Manager
1
Project Overview
2
•Tolled express lane connectors:
EB91 Express Lanes to NB15 Express
Lanes
SB15 Express Lanes to WB91 Express
Lanes
•Operational improvements along EB91
extending Express Lane and GP lane
approx. 0.5 mile
Background
3
•SB 132 allocated $180 million to the 15/91 ELC project
•AB 115 granted additional project delivery authority
•October 2017, Commission approved an overall procurement
strategy
•April 2018, staff initiated negotiations with the I-15 ELP DB
contractor
•November 2018, unable to reach an agreement on a
negotiated price
DB Procurement Status
4
•February 2019, letter to industry
•Issued Request for Qualifications and shortlisted:
Guy F. Atkinson Construction, LLC., dba Guy F. Atkinson
Flatiron West, Inc.
MCM Construction, Inc.
Myers-Rados, a Joint Venture
•Final Request for Proposals
Under final review with Caltrans and FHWA
Issue to shortlisted firms July 2019
DB Procurement –Selection Criteria
5
•Apparent Best Value Evaluation
–Considers price and technical response in final evaluation
–Based on 100 point scale with
Price = 80 points max
Technical = 20 points max
•Technical categories:
–Technical Approach
–Project Delivery Approach
–Quality Management Approach
DB Procurement –Stipend
6
•The amount paid to unsuccessful but responsive shortlisted proposers
•Generally covers 20-40 percent of proposers costs to prepare a proposal
•Commission past practice
Project Location DB Contract Stipend %Notes
15/91 ELC CA $130 million
(estimated)
$225,000 0.17%Complex engineering;maintenance of traffic and multiple
connector bridges.Limited concept plans required
I-15 ELP CA $266 million $275,000 0.10%Concept plans not required
SR-91 Corridor Improvement Project CA $795 million $650,000 0.08%Concept plans required
I-10 Contract 1 CA $673 million $500,000 0.07%Concept plans required
I-405 Sepulveda Pass CA $1.1 billion $1 million 0.09%
CA High Speed Rail,CP-2 CA $1.5 billion $2 million 0.13%Complex engineering,but concept plans not required
Gerald Desmond Bridge CA $750 million $1 million 0.13%Concept plans required
Grand Parkway Toll Road TX $850 million $1 million 0.12%Concept plans required
Grand Parkway Toll Road TX $1.3 billion $747,000 0.06%
USA Parkway NV $80 million $100,000 0.13%Concept plans required for 18 miles of roadway
I-15 South NV $245 million $300,000 0.12%Concept plans required;complex maintenance of traffic and
interchange project with bridges
Legacy Parkway UT $300 million $500,000 0.17%
DB Procurement Schedule
7
Milestone Activity Procurement
Schedule
Issued letter to the industry February 4, 2019
Completed
Issued Request For Qualifications March 4, 2019
Completed
Issued Draft RFP (to shortlisted proposers)May 9, 2019
Completed
One-on-One meetings May 29 & 30 2019
Completed
Issue Final RFP (to shortlisted proposers)July 2019
Final RFP addendum October 2019
Proposal due date November 2019
Selection,negotiation,and staff recommendation January 2020
Committee and Commission approval of contract award February/March 2020
Contract Award and Notice to Proceed Spring 2020
Staff Recommendation
8
•Authorization, subject to approval by Caltrans and FHWA, to issue the
DB RFP and future addenda to design and construct the 15/91 ELC
project through a DB contract
•Approval of the selection criteria of the ABV proposer and
authorization to select the top-ranked ABV proposer for DB services,
based on the criteria identified in the RFP and any addenda, and to
conduct limited negotiations
•Authorize a stipend of $225,000 plus a contingency amount of $25,000
per proposer, for a total not to exceed $1 million for all shortlisted
responsive DB proposers
AGENDA ITEM 10
Agenda Item 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 24, 2019
TO: Western Riverside County Programs and Projects Committee
FROM: Stephanie Blanco, Capital Projects Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: Agreement with WSP USA Inc. for the Completion of the Project Initiation
Document Phase for the Riverside County Next Generation Express Lanes
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 19-31-058-00 to WSP USA Inc. (WSP) to provide planning and
preliminary engineering services to complete the Project Initiation Document for the Next
Generation Express Lanes Project (NGELP), in the amount of $996,110, plus a contingency
amount of $99,611, for a total contract amount not to exceed $1,095,721;
2) Authorize the Executive Director, or designee, to approve an increase not to exceed
$20,000 of the total amount based on the final Caltrans Independent Office of Audits and
Investigations (IOAI) and Commission’s pre-award audit results;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission;
4) Authorize the Executive Director, or designee, to approve contingency work up to the
total not to exceed amount as may be required for the Project; and
5) Forward to the Commission for final action.
BACKGROUND INFORMATION:
In 2019, the Commission completed the Next Generation Toll Feasibility Study which analyzed
and identified freeway corridors best suited for express lane implementation. At its January 2019
workshop, the Commission authorized staff to complete the first step of project development, a
Project Initiation Document (PID), for the following freeway corridors: 91 Downtown Riverside
Express Lanes; 60 Jurupa-Riverside Express Lanes; and 60/215 Riverside-Moreno Valley Express
Lanes. See Figure 1.
53
Agenda Item 10
Figure 1: Project Location Map
As required by the California Government Code, all projects that are on the State Highway System
or are state-funded, must have a PID approved by the California Department of Transportation
(Caltrans) to be programmed for funding.
The purpose of the PID process is to:
• Define the purpose and need for the project;
• Identify feasible alternatives for the next phase;
• Collect and analyze existing information;
• Identify stakeholders for development of the project;
• Scope proposed studies and activities for project development;
• Estimate the project cost and schedule; and
• Approve the PID to program the projects and proceed to the next phase of project
development
The NGELP would analyze and develop a network level PID for the following three corridors in
Riverside County:
1. 91 Downtown Riverside: SR-91 from I-15 to SR-91/I-215/SR-60 interchange
2. 60 Jurupa-Riverside: SR-60 from I-15 to SR-91/I-215/SR-60 interchange
3. 60/215 Riverside-Moreno Valley: I-215/SR-60 from SR-91/I-215/SR-60 interchange to
SR-60/Theodore Avenue interchange and to I-215/Van Buren interchange
54
Agenda Item 10
Services for the PID document will be funded with State Transportation Improvement Program-
Planning, Programming, and Monitoring (STIP-PPM) and Local Transportation Fund (LTF)
planning funds.
The NGELP’s PID phase is anticipated to begin in July 2019 with planning studies. It is anticipated
the PID project will have a duration of approximately 1 year with completion in the summer of
2020.
Procurement Process:
Pursuant to Government Code 4525 et seq, the selection of an architect, engineer, and related
services shall be on the basis of demonstrated competence and on professional qualifications
necessary for the satisfactory performance of the services required. Therefore, staff used the
qualification method of selection for the procurement of these services. Evaluation criteria
included elements such as qualifications of firm, qualifications of personnel, project
understanding and approach, and the ability to respond to the requirements set forth under the
terms of a request for qualifications (RFQ).
RFQ No. 19-31-058-00 for the completion of the PID for the NGELP was released on February 21,
2019. A public notice was advertised in the Press Enterprise, and the RFQ was posted on the
Commission’s website. Through PlanetBids, 104 firms downloaded the RFQ, 13 of these firms
are located in Riverside County. A pre-proposal conference was held on March 6, and attended
by 19 firms. Staff responded to all questions submitted by potential proposers prior to the March
14 clarification deadline date. Four firms – Kimley-Horn and Associates, Inc. (Riverside); Parson
Transportation Group Inc. (Ontario); WSP (San Bernardino); and HNTB Corporation (Ontario) –
submitted responsive and responsible statements of qualifications (SOQ) prior to the 2:00 p.m.
submittal deadline on April 10. Based on the evaluation criteria set forth in the RFQ, the firms
were evaluated and scored by an evaluation committee comprised of Commission, Bechtel, and
Caltrans staff.
Based on the evaluation committee’s assessment of the written SOQs and pursuant to the terms
of the RFQ, the evaluation committee shortlisted and invited all four firms to the interview phase
of the evaluation and selection process. Interviews were conducted on May 9, 2019.
After final scoring of the interviews, the evaluation committee combined the shortlisted firms’
SOQ and interview scores to develop the final ranking. Accordingly, the evaluation committee
recommends contract award to WSP to provide preliminary engineering and environmental
analysis services for the NGELP, as it earned the highest total evaluation score.
Subsequently, staff negotiated the scope (including the appropriate level of effort, labor
categories/mix, etc.), cost, and schedule proposal received from WSP for the project services and
established a fair and reasonable price. As part of the procurement process for state-funded
architectural and engineering services, WSP and its subconsultants’ proposed indirect cost rates
are subject to audit by Caltrans’ IOAI. The proposed cost is $1,095,721 and may change slightly
as a result of the IOAI audit. In addition, staff is conducting an independent pre-award audit of
55
Agenda Item 10
the cost proposal to ensure cost elements such as direct labor, other direct costs, and fixed fee
associated with the work are allowable, reasonable, and allocable. The proposed cost is expected
to be finalized prior to Commission approval in July; however, if not finalized, staff recommends
that the Commission authorize the Chair or Executive Director to approve an increase of the total
contract amount not to exceed $20,000 as a result of the indirect cost rate audits.
Recommendation
Staff recommends award of Agreement No. 19-31-058-00 to WSP to perform engineering and
environmental analysis for the NGELP, based on the final scope and cost, in the amount of
$996,110, plus contingency amount of $99,611, for a total amount not to exceed $1,095,721.
The Commission’s model professional services agreement will be entered into with WSP, subject
to any changes approved by the Executive Director and pursuant to legal counsel review. Further,
staff recommends authorization for the Chair or Executive Director to execute the agreement on
behalf of the Commission and for the Executive Director or designee to approve contingency
work up to the total not to exceed amount as required for the project.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2019/20
FY 2020/21 Amount: $ 950,000
$ 145,721
Source of Funds: LTF planning and STIP-PPM Budget Adjustment: No
N/A
GL/Project Accounting No.:
003047 81101 00000 0000 262 31 81101 - $ 365,240
003048 81101 00000 0000 262 31 81101 - $ 365,240
003049 81101 00000 0000 262 31 81101 - $ 365,241
Fiscal Procedures Approved: Date: 06/13/2019
Attachment: Draft Agreement No. 19-31-058-00
56
Agreement No. 19-31-058-00
PROFESSIONAL SERVICES AGREEMENT
WITH STATE FUNDING/ASSISTANCE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT WITH
WSP USA, INC.
FOR
PLANNING AND PRELIMINARY ENGINEERING SERVICES
TO COMPLETE THE PROJECT INITIATION DOCUMENT
FOR THE
NEXT GENERATION EXPRESS LANES PROJECT
Parties and Date.
This Agreement is made and entered into this day of , 2019, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the
Commission") and WSP USA, INC. ("Consultant"), a [ INSERT TYPE OF LEGAL
ENTITY ]. The Commission and Consultant are sometimes referred to herein individually
as “Party”, and collectively as the “Parties”.
Recitals.
A. On November 8, 1988 the Voters of Riverside County approved Measure A
authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax (the
“tax”) to fund transportation programs and improvements within the County of Riverside,
and adopting the Riverside County Transportation Improvement Plan (the “Plan”).
B. Pursuant to Public Utility Code Sections 240000 et seq., the Commission is
authorized to allocate the proceeds of the Tax in furtherance of the Plan.
C. On November 5, 2002, the voters of Riverside County approved an extension of
the Measure A tax for an additional thirty (30) years for the continued funding of
transportation and improvements within the County of Riverside.
D. A source of funding for payment for professional services provided under this
Agreement is state funds administered by the California Department of Transportation
(“Caltrans”) pursuant to the following project/program: STIP/LTF.
E. Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the Commission on the terms and conditions
57
set forth in this Agreement. Consultant represents that it is experienced in providing
planning and preliminary engineering services to public clients, is licensed in the State
of California (if necessary), and is familiar with the plans of the Commission.
F. The Commission desires to engage Consultant to render such services for the
Next Generation Express Lanes Project (“Project”), as set forth in this Agreement.
Terms.
1. General Scope of Services. Consultant shall furnish all technical and professional
services, including labor, material, equipment, transportation, supervision and expertise,
and incidental and customary work necessary to fully and adequately supply the
professional planning and preliminary engineering services necessary for the Project
(“Services”). The Services are more particularly described in Exhibit “A” attached hereto
and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein
by reference, and all applicable local, state and federal laws, rules and regulations.
2. Commencement of Services. The Consultant shall commence work upon receipt
of a written "Notice to Proceed" or "Limited Notice to Proceed" from Commission.
3. Pre-Award Audit. As a result of the state funding for this Project, and to the extent
Caltrans procedures apply in connection therewith, issuance of a “Notice to Proceed” may
be contingent upon completion and approval of a pre-award audit. Any questions raised
during the pre-award audit shall be resolved before the Commission will consider
approval of this Agreement. The state aid provided under this Agreement is contingent
on meeting all state requirements and could be withdrawn, thereby entitling the
Commission to terminate this Agreement, if the procedures are not completed. The
Consultant’s files shall be maintained in a manner to facilitates State process reviews.
4. Caltrans Audit Procedures. Consultant and subconsultant contracts, including cost
proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract
audit, an incurred cost audit, an Independent Cost Review (ICR) Audit, or a CPA ICR
audit work paper review. If selected for audit or review, this Agreement,
58
Consultant’s cost proposal and ICR and related work papers, if applicable, will be
reviewed to verify compliance with 48 CFR, Part 31 and other related laws and
regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s
responsibility to ensure state, or local government officials are allowed full access to the
CPA’s work papers including making copies as necessary. This Agreement, Consultant’s
cost proposal, and ICR shall be adjusted by Consultant and approved by the
Commission’s contract manager to conform to the audit or review recommendations.
Consultant agrees that individual terms of costs identified in the audit report shall be
incorporated into this Agreement by this reference if directed by Commission at its sole
discretion. Refusal by Consultant to incorporate audit or review recommendations, or to
ensure that the state or local governments have access to CPA work papers, will be
considered a breach of the Agreement terms and cause for termination of this Agreement
and disallowance of prior reimbursed costs. Additional audit provisions applicable to this
Agreement are set forth in Sections 23 and 24 of this Agreement.
5. Term.
5.1 This Agreement shall go into effect on the date first set forth above,
contingent upon approval by Commission, and Consultant shall commence work after
notification to proceed by Commission’s Contract Administrator. This Agreement shall
end on December 31, 2020, unless extended by contract amendment.
5.2 Consultant is advised that any recommendation for Agreement award is not
binding on Commission until this Agreement is fully executed and approved by the
Commission.
5.3 This Agreement shall remain in effect until the date set forth above, 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.
All applicable indemnification provisions of this Agreement shall remain in effect following
the termination of this Agreement.
6. Commission’s Contract Administrator. The Commission hereby designates the
Commission’s Executive Director, or his or her designee, to act as its Contract
Administrator for the performance of this Agreement (“Commission’s Contract
Administrator”). Commission’s Contract Administrator shall have the authority to act on
behalf of the Commission for all purposes under this Agreement. Commission’s Contract
Administrator shall also review and give approval, as needed, to the details of
Consultant’s work as it progresses. Consultant shall not accept direction or orders from
any person other than the Commission’s Contract Administrator or his or her designee.
7. Consultant’s Representative. Consultant hereby designates Victor Martinez to act
as its Representative for the performance of this Agreement (“Consultant’s
Representative”). Consultant’s Representative shall have full authority to act on behalf
of Consultant for all purposes under this Agreement. The Consultant’s
59
Representative shall supervise and direct the Services, using his or her professional 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. Consultant shall work closely and cooperate fully with Commission’s
Contract Administrator and any other agencies which may have jurisdiction over, or an
interest in, the Services. Consultant’s Representative shall be available to the
Commission staff at all reasonable times. Any substitution in Consultant’s Representative
shall be approved in writing by Commission’s Contract Administrator.
8. Substitution of Key Personnel. Consultant has represented to the 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 upon written approval by the Commission.
In the event that the Commission and Consultant cannot agree as to the substitution of
the key personnel, the Commission shall be entitled to terminate this Agreement for
cause, pursuant to the provisions herein. The key personnel for performance of this
Agreement are as follows: Vikrant Sanghai, Project Manager; Don Hubbard, Planning
Lead; Srikanth Koneru, Engineering Lead; James Santos, Environmental Lead; Brandon
Reyes, Engineering Lead.
9. Standard of Care; Licenses. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform all Services, duties and obligations
required by this Agreement to fully and adequately complete the Project. Consultant shall
perform the Services and duties in conformance to and consistent with the standards
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Consultant
further represents and warrants to the Commission that 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 the 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.
10. Independent Contractor. The Services shall be performed by Consultant or under
its supervision. Consultant will determine the means, methods and details of
60
performing the Services subject to the requirements of this Agreement. Commission
retains Consultant on an independent contractor basis and not as an employee, agent or
representative of the 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 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 and as required by law. Consultant shall be responsible for all reports and
obligations respecting such personnel, including but not limited to, social security taxes,
income tax withholdings, unemployment insurance, disability insurance, and workers’
compensation insurance.
11. Schedule of Services. Consultant shall perform the Services expeditiously, within
the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents
that it has the professional and technical personnel to perform the Services in
conformance with such conditions. In order to facilitate Consultant’s conformance with
the Schedule, the Commission shall respond to Consultant’s submittals in a timely
manner. Upon request of Commission’s Contract Administrator, Consultant shall provide
a more detailed schedule of anticipated performance to meet the Schedule of Services.
11.1 Modification of the Schedule. Consultant shall regularly report to the
Commission, through correspondence or progress reports, its progress in providing
required Services within the scheduled time periods. Commission shall be promptly
informed of all anticipated delays. In the event that Consultant determines that a schedule
modification is necessary, Consultant shall promptly submit a revised Schedule of
Services for approval by Commission’s Contract Administrator.
11.2 Trend Meetings. Consultant shall conduct trend meetings with the
Commission’s Contract Administrator and other interested parties, as requested by the
Commission, on a bi weekly basis or as may be mutually scheduled by the Parties at a
standard day and time. These trend meetings will encompass focused and informal
discussions concerning scope, schedule, and current progress of Services, relevant cost
issues, and future Project objectives. Consultant shall be responsible for the preparation
and distribution of meeting agendas to be received by the Commission and other
attendees no later than three (3) working days prior to the meeting.
11.3 Progress Reports. As part of its monthly invoice, Consultant shall submit a
progress report, in a form determined by the Commission, which will indicate the progress
achieved during the previous month in relation to the Schedule of Services. Submission
of such progress report by Consultant shall be a condition precedent to receipt of payment
from the Commission for each monthly invoice submitted.
61
12. Delay in Performance.
12.1 Excusable Delays. Should Consultant be delayed or prevented from the
timely performance of any act or Services required by the terms of the Agreement by
reason of acts of God or of the public enemy, acts or omissions of the Commission or
other governmental agencies in either their sovereign or contractual capacities, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe
weather, performance of such act shall be excused for the period of such delay.
12.2 Written Notice. If Consultant believes it is entitled to an extension of time
due to conditions set forth in subsection 12.1, Consultant shall provide written notice to
the Commission within seven (7) working days from the time Consultant knows, or
reasonably should have known, that performance of the Services will be delayed due to
such conditions. Failure of Consultant to provide such timely notice shall constitute a
waiver by Consultant of any right to an excusable delay in time of performance.
12.3 Mutual Agreement. Performance of any Services under this Agreement may
be delayed upon mutual agreement of the Parties. Upon such agreement, Consultant’s
Schedule of Services shall be extended as necessary by the Commission. Consultant
shall take all reasonable steps to minimize delay in completion, and additional costs,
resulting from any such extension.
13. Preliminary Review of Work. All reports, working papers, and similar work products
prepared for submission in the course of providing Services under this Agreement shall
be submitted to the Commission’s Contract Administrator in draft form, and the
Commission may require revisions of such drafts prior to formal submission and approval.
In the event plans and designs are to be developed as part of the Project, final detailed
plans and designs shall be contingent upon obtaining environmental clearance as may
be required in connection with state funding. In the event that Commission’s Contract
Administrator, in his or her sole discretion, determines the formally submitted work
product to be not in accordance with the standard of care established under this
Agreement, Commission’s Contract Administrator may require Consultant to revise and
resubmit the work at no cost to the Commission.
14. Appearance at Hearings. If and when required by the Commission, Consultant
shall render assistance at public hearings or other meetings related to the Project or
necessary to the performance of the Services. However, Consultant shall not be required
to, and will not, render any decision, interpretation or recommendation regarding
questions of a legal nature or which may be construed as constituting a legal opinion.
15. Opportunity to Cure; Inspection of Work. Commission may provide Consultant an
opportunity to cure, at Consultant’s expense, all errors and omissions which may be
disclosed during Project implementation. Should Consultant fail to make such correction
in a timely manner, such correction may be made by the Commission, and the cost thereof
charged to Consultant. Consultant shall allow the Commission’s
62
Contract Administrator and Caltrans to inspect or review Consultant’s work in progress
at any reasonable time.
16. Claims Filed by Contractor.
16.1 If claims are filed by the Commission’s contractor for the Project
(“Contractor”) relating to work performed by Consultant’s personnel, and additional
information or assistance from the Consultant’s personnel is required by the Commission
in order to evaluate or defend against such claims; Consultant agrees to make reasonable
efforts to make its personnel available for consultation with the Commission’s construction
contract administration and legal staff and for testimony, if necessary, at depositions and
at trial or arbitration proceedings.
16.2 Consultant’s personnel that the Commission considers essential to assist in
defending against Contractor claims will be made available on reasonable notice from the
Commission. Consultation or testimony will be reimbursed at the same rates, including
travel costs that are being paid for the Consultant’s personnel services under this
Agreement.
16.3 Services of the Consultant’s personnel and other support staff in connection
with Contractor claims will be performed pursuant to a written contract amendment, if
necessary, extending the termination date of this Agreement in order to finally resolve the
claims.
16.4 Nothing contained in this Section shall be construed to in any way limit
Consultant’s indemnification obligations contained in Section 29. In the case of any
conflict between this Section and Section 29, Section 29 shall govern. This Section is not
intended to obligate the Commission to reimburse Consultant for time spent by its
personnel related to Contractor claims for which Consultant is required to indemnify and
defend the Commission pursuant to Section 29 of this Agreement.
17. Final Acceptance. Upon determination by the Commission that Consultant has
satisfactorily completed the Services required under this Agreement and within the term
herein, the Commission shall give Consultant a written Notice of Final Acceptance. Upon
receipt of such notice, Consultant shall incur no further costs hereunder, unless otherwise
specified in the Notice of Final Acceptance. Consultant may request issuance of a Notice
of Final Acceptance when, in its opinion, it has satisfactorily completed all Services
required under the terms of this Agreement.
18. Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. For example, and not by way of
limitation, Consultant shall keep itself fully informed of and in compliance with all
implementing regulations, design standards, specifications, previous commitments that
must be incorporated in the design of the Project, and administrative controls including
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those of the United States Department of Transportation. Compliance with Federal
procedures may include completion of the applicable environmental documents and
approved by the United States Department of Transportation. For example, and not by
way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or
published Record of Decision may be required to be approved and/or completed by the
United States Department of Transportation. 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 the 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.
19. Fees and Payment.
19.1 The method of payment for this Agreement will be based on actual cost plus
a fixed fee. Commission shall reimburse Consultant for actual costs (including labor costs,
employee benefits, travel, equipment rental costs, overhead and other direct costs)
incurred by Consultant in performance of the Services. Consultant shall not be reimbursed
for actual costs that exceed the estimated wage rates, employee benefits, travel,
equipment rental, overhead, and other estimated costs set forth in the approved
Consultant cost proposal attached hereto as Exhibit “C” and incorporated herein by
reference (“Cost Proposal”) unless additional reimbursement is provided for by a written
amendment. In no event shall Consultant be reimbursed for overhead costs at a rate that
exceeds Commission’s approved overhead rate set forth in the Cost Proposal. The
overhead rates included in the attached Exhibit “C” shall be fixed for the term of the Master
Agreement, and shall not be subject to adjustment. In the event that Commission
determines that a change to the Services from that specified in the Cost Proposal and
this Agreement is required, the contract time or actual costs reimbursable by Commission
shall be adjusted by contract amendment to accommodate the changed work. The
maximum total cost as specified in Section 19.8 shall not be exceeded, unless authorized
by a written amendment.
19.2 In addition to the allowable incurred costs, Commission shall pay Consultant
a fixed fee of $85,957.75. The fixed fee is nonadjustable for the term of this Agreement,
except in the event of a significant change in the Scope of Services, and such adjustment
is made by written amendment.
19.3 Reimbursement for transportation and subsistence costs shall not exceed
the rates specified in the approved Cost Proposal. In addition, payments to Consultant
for travel and subsistence expenses claimed for reimbursement or applied as local match
credit shall not exceed rates authorized to be paid exempt non-represented State
employees under current State Department of Personnel Administration (DPA) rules,
unless otherwise authorized by Commission. If the rates invoiced are in excess of those
authorized DPA rates, and Commission has not otherwise approved said rates,
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then Consultant is responsible for the cost difference and any overpayments shall be
reimbursed to the Commission on demand.
19.4 When milestone cost estimates are included in the approved Cost Proposal,
Consultant shall obtain prior written approval for a revised milestone cost estimate from
the Contract Administrator before exceeding such cost estimate.
19.5 Progress payments shall be made monthly in arrears based on Services
provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee shall
be included in the monthly progress payments. If Consultant fails to submit the required
deliverable items according to the schedule set forth in the Scope of Services,
Commission shall have the right to delay payment or terminate this Agreement in
accordance with the provisions of Section 21 Termination.
19.6 No payment shall be made prior to approval of any Services, nor for any
Services performed prior to approval of this Agreement.
19.7 Consultant shall be reimbursed, as promptly as fiscal procedures will permit
upon receipt by Commission’s Contract Administrator of itemized invoices in triplicate.
Invoices shall be submitted no later than 45 calendar days after the performance of work
for which Consultant is billing. Invoices shall detail the work performed on each milestone
and each project as applicable. Invoices shall follow the format stipulated for the approved
Cost Proposal and shall reference this Agreement number and project title. Final invoice
must contain the final cost and all credits due Commission including any equipment
purchased under the Equipment Purchase provisions of this Agreement. The final invoice
should be submitted within 60 calendar days after completion of Consultant’s work.
Invoices shall be mailed to Commission’s Contract Administrator at the following address:
Riverside County Transportation Commission
Attention: Accounts Payable
P.O. 12008
Riverside, CA 92502
19.8 The total amount payable by Commission including the fixed fee shall not
exceed $996,110.
19.9 Salary increases shall be reimbursable if the new salary is within the salary
range identified in the approved Cost Proposal and is approved by Commission’s
Contract Administrator. For personnel subject to prevailing wage rates as described in
the California Labor Code, all salary increases, which are the direct result of changes in
the prevailing wage rates are reimbursable.
19.10 Consultant shall not be reimbursed for any expenses unless authorized in
writing by the Commission’s Contract Administrator.
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19.11 All subcontracts in excess of $25,000 shall contain the above provisions.
20. Disputes.
20.1 Any dispute, other than audit, concerning a question of fact arising under
this Agreement that is not disposed of by mutual agreement of the Parties shall be
decided by a committee consisting of RCTC’s Contract Administrator and the Director of
Capital Projects, who may consider written or verbal information submitted by Consultant.
20.2 Not later than 30 days after completion of all Services under this Agreement,
Consultant may request review by the Commission’s Executive Director of unresolved
claims or disputes, other than audit. The request for review will be submitted in writing.
20.3 Neither the pendency of a dispute, nor its consideration by the committee
will excuse Consultant from full and timely performance in accordance with the terms of
this Agreement.
21. Termination.
21.1 Commission reserves the right to terminate this Agreement for any or no
reason upon thirty (30) calendar days written notice to Consultant with the reasons for
termination stated in the notice.
21.2 Commission may terminate this Agreement with Consultant should
Consultant fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination, Commission may proceed with the work
in any manner deemed proper by Commission. If Commission terminates this Agreement
with Consultant, Commission shall pay Consultant the sum due to Consultant under this
Agreement for Services completed and accepted prior to termination, unless the cost of
completion to Commission exceeds the funds remaining in this Agreement. In such case,
the overage shall be deducted from any sum due Consultant under this Agreement and
the balance, if any, shall be paid to Consultant upon demand.
21.3 In addition to the above, payment upon termination shall include a prorated
amount of profit, if applicable, but no amount shall be paid for anticipated profit on
unperformed Services. Consultant shall provide documentation deemed adequate by
Commission’s Contract Administrator to show the Services actually completed by
Consultant prior to the effective date of termination. This Agreement shall terminate on
the effective date of the Notice of Termination.
21.4 Discontinuance of Services. Upon receipt of the written Notice of
Termination, Consultant shall discontinue all affected Services as directed in the Notice
or as otherwise provided herein, and deliver to the Commission all Documents and
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Data, as defined in this Agreement, as may have been prepared or accumulated by
Consultant in performance of the Services, whether completed or in progress.
21.5 Effect of Termination for Cause. In addition to the above, Consultant shall
be liable to the Commission for any reasonable additional costs incurred by the
Commission to revise work for which the Commission has compensated Consultant under
this Agreement, but which the Commission has determined in its sole discretion needs to
be revised, in part or whole, to complete the Project because it did not meet the standard
of care established herein. Termination of this Agreement for cause may be considered
by the Commission in determining whether to enter into future agreements with
Consultant.
21.6 Cumulative Remedies. The rights and remedies of the Parties provided in
this Section are in addition to any other rights and remedies provided by law or under this
Agreement.
21.7 Waivers. Consultant, in executing this Agreement, shall be deemed to have
waived any and all claims for damages which may otherwise arise from the Commission’s
termination of this Agreement, for convenience or cause, as provided in this Section.
21.8 Consultant may not terminate this Agreement except for cause.
22. Cost Principles and Administrative Requirements.
22.1 Consultant agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be
used to determine the cost allowability of individual items.
22.2 Consultant also agrees to comply with federal procedures in accordance
with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
22.3 Any costs for which payment has been made to Consultant that are
determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by Consultant to Commission.
22.4 All subcontracts in excess of $25,000 shall contain the above provisions.
23. Retention of Records/Audit. For the purpose of determining compliance with Public
Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21,
Section 2500 et seq., when applicable and other matters connected with the performance
of this Agreement pursuant to Government Code 8546.7; Consultant, subconsultants, and
Commission shall maintain and make available for inspection all books, documents,
papers, accounting records, and other evidence pertaining to the
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performance of this Agreement, including but not limited to, the costs of administering this
Agreement. All parties shall make such materials available at their respective offices at
all reasonable times during this Agreement period and for three years from the date of
final payment under this Agreement. The state, State Auditor or Commission shall have
access to any books, records, and documents of Consultant and it’s certified public
accountants (CPA) work papers that are pertinent to this Agreement and indirect cost
rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall
be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision.
23.1 Accounting System. Consultant and its subcontractors shall establish and
maintain an accounting system and records that properly accumulate and segregate
expenditures by line item for the Services. The accounting system of Consultant and its
subcontractors shall conform to Generally Accepted Accounting Principles (GAAP),
enable the determination of incurred costs at interim points of completion, and provide
support for reimbursement payment vouchers or invoices.
24. Audit Review Procedures.
24.1 Any dispute concerning a question of fact arising under an interim or post
audit of this Agreement that is not disposed of by agreement, shall be reviewed by
Commission’s Chief Financial Officer.
24.2 Not later than 30 days after issuance of the final audit report, Consultant
may request a review by Commission’s Chief Financial Officer of unresolved audit issues.
The request for review shall be submitted in writing.
24.3 Neither the pendency of a dispute nor its consideration by Commission shall
excuse Consultant from full and timely performance, in accordance with the terms of this
Agreement.
25. Subcontracting.
25.1 Nothing contained in this Agreement or otherwise, shall create any
contractual relation between Commission and any subconsultant(s), and no subcontract
shall relieve Consultant of its responsibilities and obligations hereunder. Consultant
agrees to be as fully responsible to Commission for the acts and omissions of its
subconsultant(s) and of persons either directly or indirectly employed by any of them as
it is for the acts and omissions of persons directly employed by Consultant. Consultant’s
obligation to pay its subconsultant(s) is an independent obligation from Commission’s
obligation to make payments to the Consultant.
25.2 Consultant shall perform the Services with resources available within its
own organization and no portion of the Services shall be subcontracted without written
authorization by Commission’s Contract Administrator, except that, which is expressly
identified in the approved Cost Proposal.
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25.3 Consultant shall pay its subconsultants within ten (10) calendar days from
receipt of each payment made to Consultant by Commission.
25.4 Any subcontract in excess of $25,000 entered into as a result of this
Agreement shall contain all the provisions stipulated in this Agreement to be applicable
to subconsultants.
25.5 Any substitution of subconsultant(s) must be approved in writing by
Commission’s Contract Administrator prior to the start of work by the subconsultant(s).
25.6 Exhibit “C” may also set forth the rates at which each subconsultant shall
bill the Consultant for Services and that are subject to reimbursement by the Commission
to Consultant. Additional Direct Costs, as defined in Exhibit “C” shall be the same for
both the Consultant and all subconsultants, unless otherwise identified in Exhibit “C”. The
subconsultant rate schedules and cost proposals contained herein are for accounting
purposes only.
26. Equipment Purchase
26.1 Prior authorization, in writing, by Commission’s Contract Administrator shall
be required before Consultant enters into any unbudgeted purchase order, or subcontract
for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of
the necessity or desirability of incurring such costs.
26.2 For purchase of any item, service or consulting work not covered in
Consultant’s Cost Proposal and exceeding $5,000 prior authorization by Commission’s
Contract Administrator is required. Three competitive quotations must be submitted with
the request for such purchase, or the absence of bidding must be adequately justified.
26.3 Any equipment purchased as a result of this Agreement is subject to the
following:
Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable
property is defined as having a useful life of at least two years and an acquisition cost of
$5,000 or more. If the purchased equipment needs replacement and is sold or traded in,
Commission shall receive a proper refund or credit at the conclusion of this Agreement,
or if this Agreement is terminated, Consultant may either keep the equipment and credit
Commission in an amount equal to its fair market value, or sell such equipment at the
best price obtainable at a public or private sale, in accordance with established
Commission procedures; and credit Commission in an amount equal to the sales price. If
Consultant elects to keep the equipment, fair market value shall be determined at
Consultant’s expense, on the basis of a competent independent appraisal of such
equipment. Appraisals shall be obtained from an appraiser mutually agreeable to
Commission and Consultant. If Consultant determines to sell the equipment, the terms
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and conditions of such sale must be approved in advance by Commission. 2 CFR, Part
200 requires a credit to Federal funds when participating equipment with a fair market
value greater than $5,000 is credited to the project.
26.4 All subcontracts in excess $25,000 shall contain the above provisions.
27. Labor Code Requirements.
27.1 Prevailing Wages.
(a) Consultant shall comply with the State of California’s General Prevailing
Wage Rate requirements in accordance with California Labor Code, Section 1770, and
all Federal, State, and local laws and ordinances applicable to the Services.
(b) Any subcontract entered into as a result of this Agreement, if for more than
$25,000 for public works construction or more than $15,000 for the alteration, demolition,
repair, or maintenance of public works, shall contain all of the provisions of this Section.
(c) When prevailing wages apply to the Services described in the Scope of
Services, transportation and subsistence costs shall be reimbursed at the minimum rates
set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing
Wage Determination. See http://www.dir.ca.gov.
(d) Copies of the prevailing rate of per diem wages in effect at commencement
of this Agreement are on file at the Commission’s offices. 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 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.
27.2 DIR Registration. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5
and 1771.1, the Consultant and all applicable subconsultants must be registered with the
Department of Industrial Relations. If applicable, Consultant shall maintain registration for
the duration of the Project and require the same of any subconsultants. This Project may
also be subject to compliance monitoring and enforcement by the Department of Industrial
Relations. It shall be Consultant’s sole responsibility to comply with all applicable
registration and labor compliance requirements.
27.3 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
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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.
27.4 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
28. Ownership of Materials/Confidentiality.
28.1 Documents & Data. This Agreement creates an exclusive and perpetual
license for Commission to copy, use, modify, reuse, or sub-license any and all copyrights
and designs embodied in plans, specifications, studies, drawings, estimates, materials,
data and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared
by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that Commission is granted
an exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement.
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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.
28.2 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
referenced Intellectual Property. Should Consultant, either during or following termination
of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall
first obtain the written approval of the Commission.
All materials and documents which were developed or prepared by the Consultant for
general use prior to the execution of this Agreement and which are not the copyright of
any other party or publicly available and any other computer applications, shall continue
to be the property of the Consultant. However, unless otherwise identified and stated prior
to execution of this Agreement, Consultant represents and warrants that it has the right
to grant the exclusive and perpetual license for all such Intellectual Property as provided
herein.
Commission further is granted by Consultant a non-exclusive and perpetual license to
copy, use, modify or sub-license any and all Intellectual Property otherwise owned by
Consultant which is the basis or foundation for any derivative, collective, insurrectional,
or supplemental work created under this Agreement.
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28.3 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.
28.4 Infringement 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.
29. Indemnification. To the fullest extent permitted by law, Consultant shall defend
(with counsel of Commission’s choosing), indemnify and hold Commission, its directors,
officials, officers, employees, consultants, volunteers, and agents 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 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 Project or this
Agreement, including without limitation the payment of consequential damages, expert
witness fees, 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, its directors, officials, officers, employees, consultants, agents, or
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, or 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, including reasonable
attorney’s fees, 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, its directors, officials officers,
employees, consultants, agents, or volunteers.
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If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of
Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited
to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
Consultant’s obligations as set forth in this Section shall survive expiration or termination
of this Agreement.
30. Insurance.
30.1 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 a form and with insurance companies
acceptable to the Commission. In addition, Consultant shall not allow any subcontractor
to commence work on any subcontract until it has secured all insurance required under
this Section.
30.2 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 or exact equivalent);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA
0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
(b) Minimum Limits of Insurance. Consultant shall maintain limits no less
than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence
limit. Limits may be achieved by any combination of primary and excess or umbrella
liability insurance; (2) Automobile Liability: $2,000,000 per accident
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for bodily injury and property damage. Limits may be achieved by any combination of
primary and excess or umbrella liability insurance; and (3) 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.
30.3 Professional Liability. 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. For
Consultant, such insurance shall be in an amount not less than
$1,000,000 per claim. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Consultant. “Covered
Professional Services” as designated in the policy must specifically include work
performed under this Agreement. The policy must “pay on behalf of” the insured and must
include a provision establishing the insurer’s duty to defend. Subconsultants of Consultant
shall obtain such insurance in an amount not less than $1,000,000 per claim.
Notwithstanding the foregoing, the Commission may consider written requests to lower
or dispense with the errors and omissions liability insurance requirement contained in this
Section for certain subconsultants of Consultant, on a case-by-case basis, depending on
the nature and scope of the Services to be provided by the subconsultant. Approval of
such request shall be in writing, signed by the Commission’s Contract Administrator.
30.4 Aircraft Liability Insurance. Prior to conducting any Services requiring use
of aircraft, Consultant shall procure and maintain, or cause to be procured and
maintained, aircraft liability insurance or equivalent form, with a single limit as shall be
required by the Commission. Such insurance shall include coverage for owned, hired and
non-owned aircraft and passengers, and shall name, or be endorsed to name, the
Commission, Caltrans and their directors, officials, officers, employees and agents as
additional insureds with respect to the Services or operations performed by or on behalf
of the Consultant.
30.5 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.
(i) Commercial General Liability Insurance must include
coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Injury;
(3) premises/operations liability; (4) products/completed operations liability; (5) aggregate
limits that apply per Project; (6) explosion, collapse and underground (UCX) exclusion
deleted; (7) contractual liability with respect to this Agreement; (8) broad form property
damage; and (9) independent consultants coverage.
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(ii) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits
by one insured against another; or (3) contain any other exclusion contrary to this
Agreement.
(iii) The policy shall give the Commission, its directors, officials,
officers, employees, and agents insured status using ISO endorsement forms 20 10 10
01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy shall be
“primary and non-contributory” and will not seek contribution from the Commission’s or
Caltrans’ insurance or self-insurance and shall be at least as broad as CG 20 01 04 13,
or endorsements providing the exact same coverage.
(b) Automobile Liability. The automobile liability policy shall be endorsed
to state that: (1) the Commission, Caltrans and their 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, Caltrans
and their 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, Caltrans and
their 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.
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) 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.
(i) Defense costs shall be payable in addition to the limits set
forth hereunder.
(ii) Requirements of specific coverage or limits contained in this
Section are not intended as a limitation on coverage, limits, or other requirement, or a
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waiver of any coverage normally provided by any insurance. It shall be a requirement
under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits set forth herein
shall be available to the Commission, Caltrans and their directors, officials, officers,
employees and agents as additional insureds under said policies. Furthermore, the
requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of coverage
of any insurance policy or proceeds available to the named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of the Commission
(if agreed to in a written contract or agreement) before the Commission’s own insurance
or self-insurance shall be called upon to protect it as a named insured. The
umbrella/excess policy shall be provided on a “following form” basis with coverage at least
as broad as provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least thirty (30)
days prior written notice of cancellation of any policy required by this Agreement, except
that the Consultant shall provide at least ten (10) days prior written notice of cancellation
of any such policy due to non-payment of premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Consultant shall deliver
renewal certificate(s) including the General Liability Additional Insured Endorsement to
the Commission at least ten (10) days prior to the effective date of cancellation or
expiration.
(v) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if
the retroactive date is advanced past the effective date of this Agreement; B) if the policy
is cancelled or not renewed; or C) if the policy is replaced by another claims- made policy
with a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the Commission, is not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Commission has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by Commission will be promptly
77
reimbursed by Consultant or Commission will withhold amounts sufficient to pay premium
from Consultant payments. In the alternative, Commission may cancel this Agreement.
The Commission may require the Consultant to provide complete copies of all insurance
policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors, officials,
officers, employees or agents shall be personally responsible for any liability arising under
or by virtue of this Agreement.
30.6 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.
30.7 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.
30.8 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.
30.9 Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the Commission that they have secured all insurance
required under this Section. Policies of commercial general liability insurance provided by
such subcontractors or subconsultants shall be endorsed to name the Commission as an
additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by Consultant, the Commission may approve different
scopes or minimum limits of insurance for particular subcontractors or subconsultants.
30.10 Other Insurance. At its option, the Commission may require such additional
coverage(s), limits and/or the reduction of deductibles or retentions it considers
reasonable and prudent based upon risk factors that may directly or indirectly impact the
Project. In retaining this option Commission does not warrant Consultant’s
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insurance program to be adequate. Consultant shall have the right to purchase insurance
in addition to the insurance required in this Section.
31. 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.
As between Consultant and the construction contractors only, the construction
contractors shall remain solely responsible for construction safety notwithstanding any
safety obligations of Consultant at the jobsite. The foregoing sentence shall not impact
nor in any way modify or alter Consultant’s indemnity and defense obligations to the
Commission, as set forth in Section 29 of this Agreement, not any of Consultant’s duties
or obligations set forth under this Agreement, including the attached exhibits.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Commission
has determined that the Project will contain areas that are open to public traffic.
Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14,
and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions
for safe operation of its vehicles and the protection of the traveling public from injury and
damage from such vehicles.
32. Additional Work. Any work or activities that are in addition to, or otherwise outside
of, the Services to be performed pursuant to this Agreement shall only be performed
pursuant to a separate agreement between the parties. Notwithstanding the foregoing,
the Commission’s Executive Director may make a change to the Agreement, other than
a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a change
which is “outside the scope” of the Agreement; in other words, work which should not be
regarded as having been fairly and reasonably within the contemplation of the parties
when the Agreement was entered into. An example of a change which is not a Cardinal
Change would be where, in a contract to construct a building there are many changes in
the materials used, but the size and layout of the building remains the same. Cardinal
Changes are not within the authority of this provision to order, and shall be processed by
the Commission as “sole source” procurements according to applicable law, including the
requirements of FTA Circular 4220.1D, paragraph 9(f).
(a) In addition to the changes authorized above, a modification which is
signed by Consultant and the Commission’s Executive Director, other than a Cardinal
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Change, may be made in order to: (1) make a negotiated equitable adjustment to the
Agreement price, delivery schedule and other terms resulting from the issuance of a
Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of
the parties modifying the terms of this Agreement (“Bilateral Contract Modification”).
(b) Consultant shall not perform, nor be compensated for any change,
without written authorization from the Commission’s Executive Director as set forth
herein. In the event such a change authorization is not issued and signed by the
Commission’s Executive Director, Consultant shall not provide such change.
33. Prohibited Interests.
33.1 Solicitation. Consultant maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the Commission shall have the right
to rescind this Agreement without liability.
33.2 Consultant Conflict of Interest (Construction Management/ Administration).
(a) Consultant shall disclose any financial, business, or other
relationship with Commission that may have an impact upon the outcome of this
Agreement, or any ensuing Commission construction project. Consultant shall also list
current clients who may have a financial interest in the outcome of this Agreement, or any
ensuing Commission construction project, which will follow.
(b) Consultant hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the performance of
Services under this Agreement.
(c) Any subcontract in excess of $25,000 entered into as a result of this
Agreement, shall contain all of the provisions of this Article.
(d) Consultant hereby certifies that neither Consultant, nor any firm
affiliated with Consultant will bid on any construction contract, or on any contract to
provide construction inspection for any construction project resulting from this Agreement.
An affiliated firm is one, which is subject to the control of the same persons through joint-
ownership, or otherwise.
(e) Except for subconsultants whose services are limited to providing
surveying or materials testing information, no subconsultant who has provided design
services in connection with this Agreement shall be eligible to bid on any construction
80
contract, or on any contract to provide construction inspection for any construction project
resulting from this Agreement.
33.3 Commission Conflict of Interest. For the term of this Agreement, no
member, officer or employee of the Commission, during the term of his or her service with
the Commission, shall have any direct interest in this Agreement, or obtain any present
or anticipated material benefit arising therefrom.
33.4 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.
33.5 Covenant Against Contingent Fees. As may be required in connection with
funding provided hereunder, the Consultant warrants that he/she has not employed or
retained any company or person, other than a bona fide employee working for the
Consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to
pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting
from the award or formation of this Agreement. For breach or violation of this warranty,
the Commission shall have the right to terminate this Agreement without liability pursuant
to the terms herein, or at its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
33.6 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants
that this Agreement was not obtained or secured through rebates kickbacks or other
unlawful consideration, either promised or paid to any Commission employee. For breach
or violation of this warranty, Commission shall have the right in its discretion; to terminate
this Agreement without liability; to pay only for the value of the work actually performed;
or to deduct from the contract price; or otherwise recover the full amount of such rebate,
kickback or other unlawful consideration.
33.7 Employment Adverse to the Commission. Consultant shall notify the
Commission, and shall obtain the Commission’s written consent, prior to accepting work
to assist with or participate in a third-party lawsuit or other legal or administrative
proceeding against the Commission during the term of this Agreement.
34. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, 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
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related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
35. Right to Employ Other Consultants. Commission reserves the right to employ
other consultants in connection with the Project.
36. Governing Law. This Agreement shall be governed by and construed with the
laws of the State of California. Venue shall be in Riverside County.
37. Disputes; Attorneys’ Fees.
37.1 Prior to commencing any action hereunder, the Parties shall attempt in good
faith to resolve any dispute arising between them. The pendency of a dispute shall not
excuse Consultant from full and timely performance of the Services.
37.2. If the Parties are unable to resolve a dispute after attempting in good faith to
do so, the Parties may seek any other available remedy to resolve the dispute. 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 attorneys’
fees and, all other costs of such actions.
38. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
39. 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.
39.1 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:
WSP USA, INC. Riverside County Transportation Commission
826 E. Hospitality Lane, Suite 350 4080 Lemon Street, 3rd Floor
San Bernardino, CA 92408 Riverside, CA 92501
Attn: Victor Martinez 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.
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40. 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.
41. Amendment or Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
42. Entire Agreement. This Agreement contains the entire agreement of the Parties
relating to the subject matter hereof and supersedes all prior negotiations, agreements or
understandings.
43. 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.
44. Provisions Applicable When State Department of Transportation Funds Are
Involved. When funding for the Services provided by this Agreement are provided, in
whole or in part, from the Caltrans, Consultant shall also fully and adequately comply with
the provisions included in Exhibit “D” (Caltrans requirements) attached hereto and
incorporated herein by reference.
45. Survival. All rights and obligations hereunder that by their nature are to continue
after any expiration or termination of this Agreement, including, but not limited to, the
indemnification and confidentiality obligations, shall survive any such expiration or
termination.
46. No Third Party Beneficiaries. There are no intended third party beneficiaries of any
right or obligation assumed by the Parties.
47. 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.
48. Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
49. 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.
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50. 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.
51. 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.
52. Incorporation of Recitals. The recitals set forth above are true and correct and are
incorporated into this Agreement as though fully set forth herein.
53. 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.
[Signatures on following page]
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SIGNATURE PAGE
TO
PROFESSIONAL SERVICES AGREEMENT
WITH STATE FUNDING/ASSISTANCE
IN WITNESS WHEREOF, this Agreement was executed on the date first written
above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Chair
Approved as to Form:
By:
Best, Best & Krieger LLP
General Counsel
WSP USA, INC.
By:
Signature
Name
Title
ATTEST:
By:
Its:
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer
or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
RCTC.
85
EXHIBIT “A”
SCOPE OF SERVICES
[attached behind this page]
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Page 1 of 7
EXHIBIT "A"
SCOPE OF WORK
1. Background
The Scope of Work includes:
1. Development through approval of a PID completed to Caltrans/FHWA standards for
the proposed project allowing for the projects to be programmed and to proceed with
the Project Approval/Environmental Document phase. The type of PID document to
be completed for this Project is a Project Study - Report/Project Development Study
(PSR/PDS) and will be referenced throughout this scope of work.
2. Develop a single PSR/PDS document for the express lanes network with all express
lanes corridors named in the project description to be delivered within the next 20
years.
Final alternatives for the project have not been developed, however, for the purpose of
this scope of work only, CONSULTANT assumes that three (3) viable alternatives for the
express lanes corridors will be developed as a network for the scope identified below.
Additionally, other alternatives may be included for initial alternatives screening process
as described in task 3.3 – Develop Alternatives. However, the scope of work described
herein, is based on the three (3) viable alternatives described below to be included in the
final PSR-PDS.
Alternative 1: No Build
Alternative 2:
Within the limits of each corridor, construct 1 express lane in each direction through
conversion of an existing HOV lane or addition of 1 express lane in the median.
Al ternative 3:
• 60 Jurupa-Riverside: SR-60 from I-15 to SR-91/I-215/SR-60 interchange;
construct 2 express lanes in each direction by converting existing HOV lane to 1
express lane and adding a new express lane.
• 215/60 Riverside-Moreno Valley: I-215/SR 60 from SR-91/I-215/SR-60
interchange to SR 60/215 East Junction; construct 2 express lanes in each
direction by converting HOV lane to express lane and adding a new express
lane in the median; SR60/215 East Junction to SR-60/Gilman Springs Road
Interchange construct 1 express lane by converting existing HOV to 1 express
lane; SR60/I215 East Junction to I215/Van Buren Blvd interchange; construct 1
express lane by adding a new express lane in the median. DRAFT87
Page 2 of 7
• 91 Downtown Riverside: SR-91 from I-15 to SR-91/I-215/SR-60 interchange;
construct 1 express lane in each direction by converting existing HOV lane to 1
express lane.
2. Data Collection
The project will involve the review, assimilation and validation of existing data from
previous Next Generation Toll Feasibility Study and the generation of new data. Existing
data in pdf format consists of engineering layouts, cost estimates, and RCTC workshop
materials which are included in Exhibit C. Native files of the engineering layouts, cost
estimates, and traffic data from the feasibility study will be provided to the CONSULTANT.
RCTC expects that the CONSULTANT will make the best use of existing data to minimize
waste and duplication of work efforts. CONSULTANT shall provide a recommendation
to RCTC regarding the use of existing data and if additional data collection beyond
the scope of this work is required.
3. Work Activities
The overall action plan will be to obtain Caltrans approval of the PID. CONSULTANT is
expected to prepare all reports, studies and plans to meet all requirements of Caltrans.
RCTC staff will provide overall project coordination and handle administrative and policy
matters.
Project management will be conducted for the duration of the PID effort. Work activities
are described in the following sections. Scope for public outreach activities, such a
conducting scoping meeting and public outreach events is excluded from this scope of
work, except as noted in task 3.9.
3.1. Data Collection and Define Transportation Deficiency
Data collection, field investigations, and interviews in support of the PSR-PDS shall
be conducted. The data is to include but is not limited to regional and Caltrans
program objectives, traffic data, planned or in progress adjacent projects, planned
or existing utilities, transportation concept report (TCR) or route concept report
(RCR), district system management plan (DSMP), regional transportation plan
(RTP), congestion management program (CMP), 2015 Ten-Year State Highway
Operation and Protection Program Plan (SHOPP Plan), State Implementation Plan
(SIP), and local plans.
The data collected shall be analyzed to identify transportation deficiencies.
RCTC’s concurrence is required for the transportation deficiencies that will be
addressed in the build alternatives.
3.2. Develop Project Purpose and Need
DRAFT88
Page 3 of 7
The project purpose-and-need statement shall be developed based on
transportation deficiencies developed through the evaluation of existing and future
traffic conditions, current/future planning documents, and future population growth.
The purpose and need should focus on supporting the implementation of express
lanes and development of these corridors individually to help support an overall
express lane network. As part of this activity, will be development of documentation
to support a single PSR- PDS to deliver the PID phase of the three express lane
corridors.
3.3. Develop Alternatives
Two (2) build alternatives and one (1) no build alternative described in Section 1 are
to be developed for inclusion in the PSR-PDS. The alternatives will address the
established purpose-and-need and the transportation deficiencies developed in
consultation with the PDT. This task includes alternatives screening and
development of documentation to justify only two (2) viable build alternatives
for the PID phase. This scope of work assumes other alternatives to be included for
preliminary alternatives screening. A technical memorandum or white paper will be
completed for the preliminary alternatives screening.To the extent feasible,
CONSULTANT shall use available data and refine the geometry design, as needed,
by using the Next Generation Toll Feasibility Study for incorporation into the PID.
Although the corridors are part of a network, delivery of the corridors may occur
separately during the 20-year planning duration. CONSULTANT will propose the
sequence and years of delivery for each corridor to be considered and approved by
RCTC. CONSULTANT shall prepare conceptual typical cross sections and schematic
line drawings on 11” x 17” sheets (at 1” = 1000’ scale) to represent the proposed
improvements for the study alternatives. Preparation of plan sheets with topographic
background, including obtaining new topographic mapping, is excluded from the
scope of this work.
3.4. Initial Engineering Analysis
Initial engineering analysis shall be performed to establish a reasonable study area
for alternatives. The engineering analysis is to include but not be limited to structures,
storm water, materials, landscaping, permits, local and regional input, right-of-way,
preliminary pavement life cycle cost analysis memo, compliance with design
standards (and listing of potential design exceptions), traffic operations, toll
operations, and alternative transportation modes already in place (such as: mass
transit, rail, and bicycle and pedestrian facilities). The analyses will consider that all
projects will be completed within 20 years. This scope of work assumes assessment
of right of way costs for up to 100 properties.
3.5. Traffic Engineering Performance Assessment
The Traffic Engineering Performance Assessment for the PSR-PDS will be limited to
the assessment of readily available information and data, and macro-level analysis DRAFT89
Page 4 of 7
and evaluation. As necessary, traffic forecast data should be provided to show the
existing and future traffic conditions without the projects. This effort will produce
the potential scope and magnitude of traffic engineering work (traffic forecasting,
modeling analysis, and evaluation) to be performed during the PA/ED phase. Also,
include proposed scope for managed lanes traffic and safety analysis necessary to
do during PA/ED to meet Caltrans Traffic Operations Directive 11-02. The
assessment will also include the approach to meet SB 743 for VMT analyses
requirements. The completion of transportation planning scoping information sheet will
be part of this activity.
3.6. Initial Environmental Analysis
A preliminary environmental analysis report (PEAR) shall be developed and
include discussion on but not limited to environmental resources, potential project
issues or impacts, studies that are needed to complete an environmental evaluation,
recommended environmental determination/ document and a tentative schedule for its
completion, initial site assessment (ISA) checklist for hazardous waste, and
identification of required or anticipated permits or approvals. The analyses will
consider that all projects will be completed within 20 years. A single PEAR document
will be developed for all three Express Lanes projects, and a separate PEAR checklist
shall be prepared for each project. Due to the high-level approach proposed for the
PID, a general discussion will be provided in the PEAR and/or a brief statement for
each affected resource. Record searches will be conducted for biological and cultural
resources for each Express Lane Project (total of three segments) and results of the
record searches will be briefly discussed in the PEAR.
3.7. Develop Cost Estimates
A project cost estimate is to be developed for each alternative. Build alternative
cost estimates from prior project studies are to be verified and utilized as a baseline
for use for the PSR-PDS cost estimates for each build alternative. The cost estimates
are to include support cost that will be provided by RCTC. Cost estimates will be
escalated to year of expenditure.
3.8. Risk Register
A risk assessment of the project conducting a PSR-PDS in lieu of a PSR is to
be performed utilizing feedback from the PDT. The resulting risk register will be
developed to identify, classify, and quantify the risk impacts to the scope, cost and
schedule of the project.
3.9. Scoping for Public Outreach
Within the PSR-PDS, discuss the type of stakeholder involvement that has
been completed to date, if applicable. Identify the stakeholders and organizations that
would be involved during the PA/ED effort and potential concerns/objectives from DRAFT90
Page 5 of 7
each group. Identify the context-sensitive-solutions approach for public that will be
used to obtain stakeholder involvement in the identification and evaluation of
alternatives during the PA/ED phase for each corridor.
3.10. Develop PSR-PDS
A PSR-PDS report is to be developed for the express lanes network using
Caltrans guidelines. The PSR-PDS reports are to be distributed to the PDT and others
identified for review and comment. The PSR-PDS review comments are to be
consolidated into a comment log for each corridor that documents resolution. Final
submittal of the corridor PSR-PDS reports are to be submitted to RCTC and Caltrans
with the objective to obtain approval. This task assumes 3 review cycles with Caltrans.
3.11. Project Management
Project management and administration shall include the coordination and supervision
of project staff to facilitate the performance of the work in accordance with the scope of
work and RCTC requirements. The project management effort is to include but not be
limited to the coordination/preparation/documentation of project meetings,
development/ maintenance of the project schedule, preparation of project
management plan, preparation of monthly invoicing, maintenance of project records,
development/and administration of quality control plan, and coordination of submittals
and final deliverables.
The Project Development Team (PDT) shall include the Caltrans project
manager, representatives from relevant Caltrans functional units, RCTC, and
members of the CONSULTANT. Representatives from local and regional agencies
can be added on an as needed basis.
3.12. Optional Task: Miscellaneous Planning Level Studies
This activity includes additional alternatives screening, engineering, traffic, planning,
and other technical work tasks and studies that may be necessary and in addition to
the scope of the PSR-PDS scope to further evaluate next generation express lanes
project alternatives. RCTC will provide a specific scope, authorize additional budget,
and issue a separate notice to proceed (NTP) if this task is warranted.
4. Deliverables
The majority of the CONSULTANT work in this phase will include data gathering and
analyses necessary for completion of the PID phase. The scope of work assumes that
for all documents/deliverables required for PSR-PDS approval, and as described in this
scope of work, two (2) reviews will be conducted by Caltrans. CONSULTANT assumes
that three (3) viable alternatives for the express lanes corridors will be developed as a
network for the deliverables described below. DRAFT91
Page 6 of 7
Specific documents that will be required as draft and final during PID phase include the
following:
• One (1) Kick-off Meeting with RCTC within one week of notice to proceed
• One (1) Pre-PID Meeting with Project Development Team within 2 weeks of
receiving notice to proceed.
• Twelve (12) Project Development Team Meetings
• Up to four (4) Focus Meetings to aid in gathering information or developing
analyses for the PSR/PDS
• Baseline PSR/PDS Project Schedule and Monthly Updates
• Monthly Invoicing and Project Reporting
• Records Management establish and maintain a web accessible records
management system. Provide project files electronically at the close-out of the
project.
• Development and administration of an approved Quality Management Plan
• Form Project Development Team
• Provide data collected for the preparation of the PSR-PDS to RCTC
• Define transportation deficiencies
• Obtain RCTC consensus on transportation deficiencies that will be addressed in
build alternatives
• Develop purpose-and-need statement.
• Prepare an alternatives screening technical memorandum or white paper to
document the alternatives considered but eliminated from the PSR-PDS
evaluation.
• Develop one (1) no build alternative and two (2) build alternatives for the
corridors as a network
• Perform engineering analysis
• Develop one (1) Preliminary Environmental Analysis Report.
• Develop cost estimates for each build alternative
• Develop preliminary PA&ED delivery schedule
• Develop one (1) risk register
• Develop a single draft PSR-PDS report along with all the required attachments
and scoping documents/checklists as required by Caltrans PDPM Appendix S,
for the three (3) corridors
• Distribute up to twenty (20) copies of draft PSR-PDS reports for comment
• Document comments and resolution for PSR-PDS reports in a comment log
• Obtain Caltrans approval of PSR-PDS report
• Distribute up to twenty (20) copies of final PSR-PDS
• Up to 20 copies of draft and final miscellaneous planning level studies
DRAFT92
Page 7 of 7
Assumptions
• It is assumed that a full pavement Life Cycle Cost Analysis (LCCA) will not be
developed as part of this scope and will be completed in subsequent phases.
5. Project Delivery Milestones
RCTC has established the following tentative milestones for the project:
• Notice to Proceed
• Kick-off Meeting
• Initial PDT Meeting
• Data Collection
• Engineering and Environmental Studies
• Produce Draft and Final PSR-PDS
• Obtain Caltrans approval of Final PSR-PDS
• Miscellaneous Planning Level Studies
Optional Task: Miscellaneous Planning Level Studies described in Section 3.12 will be
issued under a separate NTP and will be at the discretion of the RCTC project manager.
The timeline of the deliverables associated with this task will be determined at NTP and
will be within the overall contract duration.
DRAFT93
EXHIBIT “B”
SCHEDULE OF SERVICES
[attached behind this page]
94
ID Task Name Duration Start Finish
1 Notice to Proceed 0 days Tue 7/16/19 Tue 7/16/19
2 PSR-PDS Document 263 days Tue 7/16/19 Thu 7/16/20
3 Project Management and Coordination
Meetings
262 days Tue 7/16/19 Wed 7/15/20
4 Prepare QMP 5 days Tue 7/16/19 Mon 7/22/19
5 Obtain & Review Existing Reports & Plans 10 days Tue 7/16/19 Mon 7/29/19
6 Define Purpose and Need 54 days Tue 7/16/19 Fri 9/27/19
7 Develop/Refine Preliminary Geometry 25 days Tue 7/30/19 Mon 9/2/19
8 Collect Existing Traffic Data 15 days Tue 7/16/19 Mon 8/5/19
9 Traffic Methodology Memo 35 days Tue 8/6/19 Mon 9/23/19
13 Prepare Traffic Forecasts 23 days Tue 9/24/19 Thu 10/24/19
14 Conceptual Geometric Design for Alternatives 20 days Tue 9/3/19 Mon 9/30/19
15 Traffic Engineering Performance
Assessment (TEPA)
90 days Fri 10/25/19 Thu 2/27/20
22 Refine Conceptual Geometric Design 15 days Tue 10/1/19 Mon 10/21/19
23 Conduct Preliminary Constructability Review 8 days Tue 10/22/19 Thu 10/31/19
24 Prepare Preliminary Cost Estimates 15 days Fri 11/1/19 Thu 11/21/19
25 Prepare Conceptual Cost Estimate - ROW
Component
15 days Fri 11/1/19 Thu 11/21/19
26 Prepare Transportation Planning Scoping
Information Sheet
30 days Tue 7/30/19 Mon 9/9/19
27 Prepare Short-Form SWDR 20 days Tue 10/22/19 Mon 11/18/19
28 Prepare Preliminary Materilals Report 20 days Tue 10/1/19 Mon 10/28/19
29 Prepare Preliminary LCCA 15 days Tue 10/29/19 Mon 11/18/19
30 Prepare Risk Register 15 days Tue 10/22/19 Mon 11/11/19
31 Prepare Survey Questionnaire 5 days Tue 10/22/19 Mon 10/28/19
32 Prepare Design Scoping Checklist 15 days Tue 10/22/19 Mon 11/11/19
33 Prepare Preliminary ISA 20 days Tue 9/3/19 Mon 9/30/19
34 Prepare Environmental Mapping & Records
Search
30 days Tue 9/3/19 Mon 10/14/19
35 Prepare Preliminary Environmental Analysis
Report (PEAR)
30 days Tue 10/15/19 Mon 11/25/19
36 Prepare Draft PSR-PDS 40 days Tue 11/26/19 Mon 1/20/20
37 QC/QA Draft PSR-PDS 10 days Tue 1/21/20 Mon 2/3/20
38 RCTC Review and Update Draft PSR-PDS 10 days Tue 2/4/20 Mon 2/17/20
39 Caltrans Review of Draft PSR-PDS 30 days Fri 2/28/20 Thu 4/9/20
40 Prepare Draft Final PSR-PDS 20 days Fri 4/10/20 Thu 5/7/20
41 Caltrans 2nd Review Final PSR-PDS 20 days Fri 5/8/20 Thu 6/4/20
42 Update Final PSR-PDS 15 days Fri 6/5/20 Thu 6/25/20
43 Caltrans Approval of PSR-PDS 15 days Fri 6/26/20 Thu 7/16/20
7/16 7/16
7/16 7/15
7/16 7/22
7/16 7/29
7/16 9/27
7/30 9/2
7/16 8/5
8/6 9/23
9/24 10/24
9/3 9/30
10/25 2/27
10/1 10/21
10/22 10/31
11/1 11/21
11/1 11/21
7/30 9/9
10/22 11/18
10/1 10/28
10/29 11/18
10/22 11/11
10/22 10/28
10/22 11/11
9/3 9/30
9/3 10/14
10/15 11/25
11/26 1/20
1/21 2/3
2/4 2/17
2/28 4/9
4/10 5/7
5/8 6/4
6/5 6/25
6/26 7/16
Jun '19 Jul '19 Aug '19 Sep '19 Oct '19 Nov '19 Dec '19 Jan '20 Feb '20 Mar '20 Apr '20 May '20 Jun '20 Jul '20 Aug '20 Sep '20
Next Generation Express Lanes
Network PSR-PDS
Page 1 Wed 5/15/19DRAFT
95
EXHIBIT “C”
COMPENSATION PROVISIONS
[attached behind this page]
96
EXHIBIT “C”
COMPENSATION SUMMARY SHEET
FIRM PROJECT TASK/ROLE COST
Prime Consultant
WSP USA Inc. Project
Management/Engineering/PSR‐
PDS Preparation/Tolling
$ 651,153.92
Subconsultants
Epic Land Solutions Right of Way $ 27,389.93
ESA, Inc. Environmental $ 130,759.68
Michael Baker International,
Inc.
Engineering $137,585.92
SUBTOTAL
$ 946,889.45
OTHER DIRECT COSTS $ 49,220.30
TOTAL COST PROPOSAL $996,109.75
97
EXHIBIT "D"
CALTRANS REQUIREMENTS
1. STATEMENT OF COMPLIANCE.
A. Consultant’s signature affixed herein shall constitute a certification under penalty of
perjury under the laws of the State of California that CONSULTANT has, unless exempt,
complied with, the nondiscrimination program requirements of Government Code Section
12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Agreement, Consultant and its subconsultants shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant
for employment because of sex, race, color, ancestry, religious creed, national origin,
physical disability (including HIV and AIDS), mental disability, medical condition (e.g.,
cancer), age (over 40), marital status, and denial of family care leave. Consultant and
subconsultants shall insure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Consultant
and subconsultants shall comply with the provisions of the Fair Employment and Housing
Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there
under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing Government
Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California
Code of Regulations, are incorporated into this Agreement by reference and made a part
hereof as if set forth in full. Consultant and its subconsultants shall give written notice of
their obligations under this clause to labor organizations with which they have a collective
bargaining or other Agreement.
2. RELEASE OF RETAINAGE
No retainage will be withheld by the Agency from progress payments due the prime
consultant. Retainage by the prime consultant or subconsultants is prohibited, and no
retainage will be held by the prime consultant from progress due subconsultants. Any
violation of this provision shall subject the violating prime consultant or subconsultants to
the penalties, sanctions, and other remedies specified in Section 7108.5 of the California
Business and Professions Code. This requirement shall not be construed to limit or impair
any contractual, administrative, or judicial remedies, otherwise available to the prime
consultant or subconsultant in the event of a dispute involving late payment or
nonpayment by the prime consultant or deficient subconsultant performance, or
noncompliance by a subconsultant.
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, and by signing this Agreement,
Consultant certifies under penalty of perjury that no more than one final
98
F-34
EXHIBIT H - 2
unappealable finding of contempt of court by a federal court has been issued against
Consultant within the immediately preceding two-year period, because of Consultant’s
failure to comply with an order of a federal court that orders Consultant to comply with an
order of the National Labor Relations Board.
99
NEXT GENERATION EXPRESS LANES
PROJECT INITIATION PHASE
WRCPP Committee
June 24, 2019
1
Stephanie Blanco, Capital Projects Manager (Toll)
Project Background
2
•January 2018 –January 2019: Staff prepares and completes Next Generation Toll
Feasibility Study
•January 2019: Commission approves study and proceeding with the project
initiation phase of three Express Lanes corridors
•February 2019: Commission releases Request for Qualifications for Project
Initiation Document
•July 2019: Staff recommends contract award for Project Initiation Document (PID)
work for Next Generation Express Lanes
Project Description
3
Expand the Riverside County express lanes network through conversion of high
occupancy vehicle lanes to express lanes and/or addition of new express lanes within
the existing State right-of-way.
Project Overview
4
91 Downtown Riverside
5
SR-91 from I-15 to SR-91/I-215/SR-60
La Sierra University
California Baptist University
Downtown Riverside
6
SR-60 from I-15 to SR-91/I-215/SR-60 Interchange
60 Jurupa Valley -Riverside
Santa Ana River
7
I-215/SR-60 from SR-91/I-215/SR-60 interchange to SR-60/Theodore
Avenue interchange; and to I-215/Van Buren interchange
60/215 Riverside –Moreno Valley
University of California, Riverside
March Field Air Reserve Base
Project Initiation Document Work
Activities
8
•Planning activities
•Preliminary Engineering
•Scoping of work activities for the Project Approval/Environmental
Document Phase (PA/ED)
•Prepare Project Study Report/Project Development Support
Study (PSR/PDS)
Procurement Summary
9
February 22, 2019 –Release Request for Qualifications
March 6, 2019 –Pre-Proposal Meeting
•Pre-proposal Meeting-19 firms in attendance
April 10, 2019 –Proposals due
•Four Responsive firms
April 26, 2019 –Shortlist for Interviews
•Four firms identified
May 9, 2019 –Consultant Interviews
•WSP ranked first
Anticipated Schedule
10
July 2019:
Issue Notice to
Proceed
August 2019:
Start Planning
and
Preliminary
Engineering
September
2019:
Execute
Cooperative
Agreement
with Caltrans
December
2019:
Prepare
PSR/PDS
document
Summer 2020:
Caltrans
approves
PSR/PDS
document
Staff Recommendations
11
•Award Agreement No. 19-31-058-00 to WSP USA Inc. (WSP) to
provide planning and preliminary engineering services to
complete the Project Initiation Document for the Next Generation
Express Lanes Project, in the amount of $996,110, plus a
contingency amount of $99,611, for a total amount not to exceed
$1,095,721;
•Authorize the Executive Director, or designee, to approve an
increase not to exceed $20,000 of the total contract amount based
on the final Caltrans Independent Office of Audits and
Investigations (IOAI) and Commission’s pre-award audit results;
•Authorize the Chair or Executive Director, pursuant to legal
counsel review, to execute the agreement on behalf of the
Commission;
Staff Recommendations
12
•Authorize the Executive Director, or designee, to approve
contingency work as may be required for the Project; and
•Forward to the Commission for final action.
QUESTIONS
13
AGENDA ITEM 11
Agenda Item 11
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 24, 2019
TO: Western Riverside County Programs and Projects Committee
FROM: Bryce Johnston, Capital Projects Manager
THROUGH: Marlin Feenstra, Project Delivery Director
SUBJECT: Award of Construction Agreement with Riverside Construction for the Mid
County Parkway Mitigation Site
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 19-31-086-00 to Riverside Construction, as the lowest responsive,
responsible bidder, for the construction of the Mid County Parkway (MCP) Mitigation
Project (Project) in the amount of $1,782,653, plus a contingency amount of $267,398,
for a total amount not to exceed $2,050,051;
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 or designee to approve contingency work pursuant to
the agreement terms up to the total not to exceed amount; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The MCP project has been under development by the Commission since 2002. The purpose of
the MCP project is to provide a transportation facility that would effectively and efficiently
accommodate regional west-east movement of people, goods, and services between and
through the cities of Perris and San Jacinto.
The Commission is the project proponent and the lead agency under the California Environmental
Quality Act (CEQA) and has adopted guidelines for implementing the mitigation required by CEQA
and the National Environmental Policy Act (NEPA). The Federal Highway Administration (FHWA)
is the lead agency under NEPA, with Caltrans acting as its agent and providing oversight for the
NEPA process.
In April 2015, the Commission adopted Resolution No. 15-006 to certify the final environmental
impact report (FEIR), adopt findings pursuant to CEQA, adopt a mitigation monitoring and
reporting program, adopt a statement of overriding considerations, and approve the MCP
project. The Commission, FHWA, and Caltrans approved the FEIR/final environmental impact
statement and the final environmental document (ED) under NEPA/CEQA on April 15, 2015. The
100
Agenda Item 11
Project Approval/ED phase of the MCP project was completed with a record of decision approved
by FHWA on August 17, 2015.
The mitigation for the impacts of the MCP project on biological resources includes acquisition of
habitat to satisfy requirements of the Western Riverside County Multi-Species Habitat
Conservation Plan (MSHCP). In addition, mitigation for impacts of the project on waters of the
United States is required in the form of wetland resources.
In December 2015, the Commission purchased 154.3 acres of land (referred to as the MCP
Mitigation Site), 130 acres of which satisfied 93 percent of the MSHCP habitat requirements for
the entire MCP project. At the same time, a search for the required wetland resources for
impacts to waters of the U.S. was undertaken which revealed that suitable land is unavailable or
would require infeasible restoration efforts.
Therefore, to meet this obligation, it is proposed to create 10.26 acres of wetlands resources by
grading a portion of the MCP Mitigation Site acquired by the Commission to enhance and expand
the 10-year floodplain of the San Jacinto River and planting with the required types of vegetation
to meet the required mitigation acres (Figure 1).
Figure 1: Project Location Map
101
Agenda Item 11
Procurement Process
On May 16, 2019, the Commission advertised Invitation for Bids (IFB) No. 19-31-086-00 for
construction of the Project. A public notice was advertised in the Press Enterprise, and the
complete IFB, including all contract documents, was posted on the Commission’s PlanetBids
website, which is accessible through the Commission’s website. Emails were sent to vendors
registered in the Commission’s PlanetBids database that fit the IFB qualifications. A pre-bid
conference was held at the Commission’s office on May 23, and on June 6, 4 bids were received
and publicly opened. A summary of the public bid opening amounts is shown in Table A and
Attachment 1.
TABLE A
Mid County Parkway Mitigation Project Bid Summary
Firm
(In order from low bid to high bid) Bid Amount
Engineer’s Estimate $3,294,088
1 Riverside Construction $1,782,653
2 Granite Construction $1,789,871
3 Ames Construction $1,830,965
4 SoCal Grading $1,868,832.88
The basis for award of a public works contract is the lowest responsive and responsible bidder as
defined by the Commission’s procurement policy and state law.
The difference between the low and high bids received was $86,180. The four bids received are
very close to each other in value; this is an indication that the bids received are an accurate
reflection of the cost of the Project and are a result of a relatively simple project with minimal
uncertainty and risk associated with the work. The difference between the low bid and the
engineer’s estimate is $1,511,435 with the Engineer’s estimate being higher than all the bids
received. Staff, along with the design engineer and the construction management team,
analyzed the 4 bids received to determine why the bids were significantly lower than the
engineer’s estimate (Attachments 2 and 3). The reason is due to the fact that the Engineer’s
estimate is based on the latest Caltrans construction cost data. However, the construction of the
Project will not involve Caltrans oversight; therefore, no issues or concerns arise due to the lower
than anticipated cost.
After analyzing the bids received, staff concluded that the Riverside Construction bid, in the
amount of $1,782,653, is the lowest responsive and responsible bid received for the Project.
Typically, the contingency added to a construction contract is about 10 percent; however, due to
the small size of this contract staff is recommending a contingency amount of 15 percent of the
total Project amount, or $267,398. Staff worked to minimize risks by clearly defining scope and
ensuring the plan set is complete and thoroughly reviewed for constructability; however, if
102
Agenda Item 11
complications arise and the contingency is not adequate, such contractual budget issues may
delay the Project and prevent work from being completed in a timely manner. Furthermore,
smaller construction contracts such as this one often require a contingency greater than
10 percent because of changes common to many projects, such as grading excavations or
overhead charges.
Staff recommends award of Agreement No. 19-31-086-00 for the construction of the Project to
Riverside Construction in the amount of $1,782,653, plus a contingency amount of $267,398 to
fund potential change orders and supplemental work, for a total amount not to exceed of
$2,050,051. Further, authorization is requested for the Chair or Executive Director to execute
the draft agreement (Attachment 4), pursuant to legal counsel review, on behalf of the
Commission and for the Executive Director or designee to approve contingency work up to the
total not to exceed amount as required for the Project.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2019/20
FY 2020/21 Amount: $ 1,650,051
$ 400,000
Source of Funds:
Transportation Uniform Mitigation
Fee-Community Environmental
Transportation Acceptability Process
and 2009 Measure A Western County
New Corridors funds
Budget Adjustment: No
N/A
GL/Project Accounting No.: 002320 81301 00000 0000 261 31 81101
Fiscal Procedures Approved: Date: 06/17/2019
Attachments:
1) RCTC Bid Opening Results Summary
2) Engineer's Estimate, Bidder's Pricing & Analysis
3) RCTC Construction Contract Bid Analysis Report
4) Draft Agreement No. 19-31-086-00
103
SS 1913182
Rank Firm Amount Diff from Low % Diff from Avg
1 Riverside ConstrucƟon Co.1,782,653.00$ ‐1.9%
2 Granite ConstrucƟon Co.1,789,870.50$ 7,217.50$ 0.4% ‐1.6%
3 AMES ConstrucƟon 1,830,965.00$ 48,312.00$ 2.7% 0.7%
4 Southern California Grading 1,868,832.88$ 86,179.88$ 4.8% 2.8%
Average 1,818,080.35$ 35,427.35$ 2.0%
Spread 86,179.88$ 4.7%
Attachment 1
SWEENEY BID RESULTS ‐ 6 JUN 19
RCTC BID OPENING RESULTS SUMMARY
Mid County Parkway Mitigation Site
RCTC Agreement 19‐31‐086‐00
$1,782,653 $1,789,871
$1,830,965 $1,868,833
$7,218
$48,312
$86,180
Avg. = $1,818,080
$0
$50,000
$100,000
$150,000
$200,000
$1,400,000
$1,550,000
$1,700,000
$1,850,000
$2,000,000
Riverside
Construction Co.
Granite
Construction Co.
AMES
Construction
Southern California
Grading Difference From LowBid AmountBid Comparison ‐ MCP Mitigation Site
Bid Amount Difference from Low Average
ATTACHMENT 1
104
Printed: 6/17/2019, 10:33 AMENGINEER'S ESTIMATE, BIDDERS' PRICING & ANALYSISVARIANCE TO ENGINEER's ESTIMATEMCP Mitigation SiteEngineer's Cost Estimate May 2019LOW BIDDERSECOND BIDDERTHIRD BIDDERFOURTH BIDDERLOW BIDDERSECOND BIDDERTHIRD BIDDERFOURTH BIDDERRiverside Construction Co.Granite Construction Co.AMES ConstructionSouthern California GradingRiverside Construction Co.Granite Construction Co.AMES ConstructionSouthern California GradingITEM NUMFPQBridge ITEM CODEITEM DESCRIPTIONUNIT OF MEASUREBIDQTY(A)ENGINEER'SESTIMATEDPRICE(B) AMOUNT(C=A x B) PRICE AMOUNT % VARENGR ESTPRICE AMOUNT % VARENGR EST PRICE AMOUNT % VARENGR EST PRICE AMOUNT % VARENGR EST PRICE AMOUNT % VARTO ENGR ESTPRICE AMOUNT % VARTO ENGR ESTPRICE AMOUNT % VARTO ENGR ESTPRICE AMOUNT % VARTO ENGR EST1080050 (F) Progress Schedule (Critical Path Method) LS1 $ 2,000.00 $2,000 5,000.00 $ 5,000 150% 6,500.00 $ 6,500 225% 1,200.00 $ 1,200 -40% 3,000.00 $ 3,000 50% 3,000.00 $ 3,000 150% 4,500.00 $ 4,500 90% (800.00) $ (800) -12% 1,000.00 $ 1,000 83%2100100 (F) Develop Water SupplyLS1 $ 10,000.00 $ 10,000 50,000.00 $ 50,000 400% 54,724.00 $ 54,724 447% 60,000.00 $ 60,000 500% 33,000.00 $ 33,000 230% 40,000.00 $ 40,000 400% 44,724.00 $ 44,724 89% 50,000.00 $ 50,000 91% 23,000.00 $ 23,000 38%3120090 (F) Construction Area SignsLS1 $ 3,000.00 $3,000 5,000.00 $ 5,000 67% 22,000.00 $ 22,000 633% 10,000.00 $ 10,000 233% 5,000.00 $ 5,000 67% 2,000.00 $ 2,000 67% 19,000.00 $ 19,000 380% 7,000.00 $ 7,000 32% 2,000.00 $ 2,000 20%4130100 (F) Job Site ManagementLS1 $ 10,000.00 $ 10,000 40,000.00 $ 40,000 300% 3,600.00 $ 3,600 -64% 30,000.00 $ 30,000 200% 100,000.00 $ 100,000 900% 30,000.00 $ 30,000 300% (6,400.00) $ (6,400) -16% 20,000.00 $ 20,000 556% 90,000.00 $ 90,000 300%5130300 (F)Prepare Storm Water Pollution Prevention PlanLS1 $ 10,000.00 $ 10,000 3,500.00 $ 3,500 -65% 2,000.00 $ 2,000 -80% 2,000.00 $ 2,000 -80% 12,000.00 $ 12,000 20% (6,500.00) $ (6,500) -65% (8,000.00) $ (8,000)-229% (8,000.00) $ (8,000)-400% 2,000.00 $ 2,000 100%6130330 (F) Storm Water Annual ReportLS1 $ 3,000.00 $3,000 750.00 $750 -75% 2,500.00 $ 2,500 -17% 500.00 $ 500 -83% 1,500.00 $ 1,500 -50% (2,250.00) $ (2,250) -75% (500.00) $ (500) -67% (2,500.00) $ (2,500)-100% (1,500.00) $ (1,500)-300%7160101 (F) Clearing and GrubbingLS1 $ 50,000.00 $ 50,000 90,000.00 $ 90,000 80% 54,000.00 $ 54,000 8% 120,000.00 $ 120,000 140% 75,000.00 $ 75,000 50% 40,000.00 $ 40,000 80% 4,000.00 $ 4,000 4% 70,000.00 $ 70,000 130% 25,000.00 $ 25,000 21%8150606 Remove Fence (Type BW)LF1,806 $4.00 $ 7,224 4.00 $ 7,224 0%2.00 $ 3,612 -50%7.00 $ 12,642 75%3.40 $ 6,140 -15%- $- 0% (2.00) $ (3,612) 0%3.00 $ 5,418 0% (0.60) $ (1,084) 0%9190101 (F) Earthwork (Farmer's Berm Removal) CY9,526 $18.00 $ 171,468 7.50 $ 71,445 -58%5.20 $ 49,535 -71%5.30 $ 50,488 -71%5.70 $ 54,298 -68% (10.50) $ (100,023)-58% (12.80) $ (121,933)0% (12.70) $ (120,980)0% (12.30) $ (117,170)0%10190101 (F) Earthwork (Stockpile Removal)CY 48,964 $18.00 $ 881,352 5.50 $ 269,302 -69%4.70 $ 230,131 -74%3.50 $ 171,374 -81%3.30 $ 161,581 -82% (12.50) $ (612,050)-69% (13.30) $ (651,221)0% (14.50) $ (709,978)0% (14.70) $ (719,771)0%11210350 Fiber RollsLF5,009 $4.00 $ 20,036 3.00 $ 15,027 -25%6.30 $ 31,557 58%3.00 $ 15,027 -25%2.60 $ 13,023 -35% (1.00) $ (5,009) -25%2.30 $ 11,521 0% (1.00) $ (5,009) 0% (1.40) $ (7,013) 0%12(F) Wetlands grading (new basin)CY 61,714 $18.00 $ 1,110,852 6.00 $ 370,284 -67%5.85 $ 361,027 -68%8.50 $ 524,569 -53% 12.62 $ 778,831 -30% (12.00) $ (740,568)-67% (12.15) $ (749,825)0% (9.50) $ (586,283)0% (5.38) $ (332,021)0%13(F) New bermCY862 $ 10.00 $ 8,620 20.00 $ 17,240 100.0% 19.00 $ 16,378 90.0%3.00 $ 2,586 -70.0% 20.00 $ 17,240 100.0% 10.00 $ 8,620 100.0%9.00 $ 7,758 0% (7.00) $ (6,034) 0% 10.00 $ 8,620 0%14(F)EMWD turn-around (scarification and compaction)LS1 $ 3,000.00 $3,000 5,000.00 $ 5,000 67% 3,000.00 $ 3,000 0% 2,500.00 $ 2,500 -17% 4,800.00 $ 4,800 60% 2,000.00 $ 2,000 67%- $- 0% (500.00) $ (500) -17% 1,800.00 $ 1,800 72%15800360A Fence (3-strand wire)LF11,262 $15.00 $ 168,930 4.00 $ 45,048 -73%4.50 $ 50,679 -70%3.80 $ 42,796 -75%8.30 $ 93,475 -45% (11.00) $ (123,882)-73% (10.50) $ (118,251)0% (11.20) $ (126,134)0% (6.70) $ (75,455) 0%16Access gates (RCA & EMWD)EA6 $ 2,000.00 $ 12,000 1,000.00 $ 6,000 -50% 1,250.00 $ 7,500 -38% 1,100.00 $ 6,600 -45% 1,600.00 $ 9,600 -20% (1,000.00) $ (6,000) -50% (750.00) $ (4,500) -13% (900.00) $ (5,400) -12% (400.00) $ (2,400) -6%17141000 Temporary fence (Type ESA)LF4,238 $5.00 $ 21,190 5.00 $ 21,190 0% 11.80 $ 50,008 136%4.00 $ 16,952 -20%3.70 $ 15,681 -26%- $- 0% 6.80 $ 28,818 0% (1.00) $ (4,238) 0% (1.30) $ (5,509) 0%18130680 Temporary Silt FenceLF9,548 $5.00 $ 47,740 5.00 $ 47,740 0%6.20 $ 59,198 24%4.50 $ 42,966 -10%3.80 $ 36,282 -24%- $- 0% 1.20 $ 11,458 0% (0.50) $ (4,774) 0% (1.20) $ (11,458) 0%19Temporary Reinforced Silt Fence (Type 2) LF6,579 $ 15.00 $ 98,685 7.00 $ 46,053 -53%8.50 $ 55,922 -43%4.75 $ 31,250 -68%6.60 $ 43,421 -56% (8.00) $ (52,632) -53% (6.50) $ (42,764) 0% (10.25) $ (67,435) 0% (8.40) $ (55,264) 0%20130710 Temporary construction entranceEA1 $ 5,000.00 $5,000 5,500.00 $ 5,500 10% 17,000.40 $ 17,000 240% 10,000.00 $ 10,000 100% 4,000.00 $ 4,000 -20% 500.00 $ 500 10% 12,000.40 $ 12,000 218% 5,000.00 $ 5,000 29% (1,000.00) $ (1,000) -10%21731502Minor Concrete (Miscellaneous Construction)CY5 $ 2,500.00 $ 12,500 500.00 $ 2,500 -80% 300.00 $ 1,500 -88% 225.00 $ 1,125 -91% 1,200.00 $ 6,000 -52% (2,000.00) $ (10,000)-80% (2,200.00) $ (11,000)-88% (2,275.00) $ (11,375)-152% (1,300.00) $ (6,500)-116%22EMWD Delineator BollardsEA60 $200.00 $ 12,000 85.00 $ 5,100 -58% 250.00 $ 15,000 25% 90.00 $ 5,400 -55% 176.00 $ 10,560 -12% (115.00) $ (6,900) -58% 50.00 $ 3,000 1% (110.00) $ (6,600) -1% (24.00) $ (1,440) 0%Notincl.Permits$$1 $- $ - $- 0% $- 0% $ - 0% $- 0% - $- #DIV/0!- $- #DIV/0!- $ - #DIV/0!- $ - #DIV/0!23SeedAC32 $ 2,800.00 $ 89,600 12,500.00 $ 400,000 346% 15,000.00 $ 480,000 436% 13,000.00 $ 416,000 364% 1,650.00 $ 52,800 -41% 9,700.00 $ 310,400 346% 12,200.00 $ 390,400 3% 10,200.00 $ 326,400 2% (1,150.00) $ (36,800) 0%24MycorrhizaeAC32 $500.00 $ 16,000 425.00 $ 13,600 -15% 500.00 $ 16,000 0% 425.00 $ 13,600 -15% 2,700.00 $ 86,400 440% (75.00) $ (2,400) -15%- $- 0% (75.00) $ (2,400) 0% 2,200.00 $ 70,400 16%25HydroseedingAC32 $ 1,800.00 $ 57,600 1,700.00 $ 54,400 -6% 2,000.00 $ 64,000 11% 1,730.00 $ 55,360 -4% 1,100.00 $ 35,200 -39% (100.00) $ (3,200) -6% 200.00 $ 6,400 0% (70.00) $ (2,240) 0% (700.00) $ (22,400) -1%26Hand Distribution of SeedAC10 $ 3,000.00 $ 30,000 575.00 $ 5,750 -81% 700.00 $ 7,000 -77% 585.00 $ 5,850 -81% 5,500.00 $ 55,000 83% (2,425.00) $ (24,250)-81% (2,300.00) $ (23,000) -40% (2,415.00) $ (24,150) -35% 2,500.00 $ 25,000 43%27204099 Plant Establishment WorkLS1 $ 142,000.00 $ 142,000 100,000.00 $ 100,000 -30% 73,500.00 $ 73,500 -48% 100,000.00 $ 100,000 -30% 100,000.00 $ 100,000 -30% (42,000.00) $ (42,000) -30% (68,500.00) $ (68,500) -69% (42,000.00) $ (42,000) -57% (42,000.00) $ (42,000) -42%Notincl.Construction Management (12% of Construction Cost)0 $- $- $ - 0% $- 0% - $- 0% $- 0%- $- #DIV/0! - $- #DIV/0! - $- #DIV/0! - $- #DIV/0!Notincl.Construction Survey Work (4% of Construction Cost)0 $- $- $ - 0% $- 0% - $- 0% $- 0%- $- #DIV/0! - $- #DIV/0! - $- #DIV/0! - $- #DIV/0!Notincl.Contingency0 $- $- $ - 0% $- 0% - $- 0% $- 0%- $- #DIV/0! - $- #DIV/0! - $- #DIV/0!- $- #DIV/0!28999990 MOBILIZATIONLS1 $ 290,291 $ 290,291 80,000.00 $ 80,000 -72% 52,000.00 $ 52,000 -82% 80,180.35 $ 80,180 -72% 55,000.00 $ 55,000 -81% (210,291.19) $ (210,291)-72% (238,291.19) $ (238,291) -298% (210,110.84) $ (210,111) -404% (235,291.19) $ (235,291) -293%1 $ 3,294,088 [Bidder] $ 1,782,653 -46% [Bidder] $ 1,789,871 -46% [Bidder] $ 1,830,965 -44% [Bidder] $ 1,868,833 -43% [Bidder] $ (1,511,435)[Bidder] [Bidder] $ (1,504,218)[Bidder] [Bidder] $ (1,463,123)[Bidder] [Bidder] $ (1,425,255)[Bidder]Contractor's Bid Schedule Value1,782,653$ $ 1,789,871 $ 1,830,965 $ 1,868,833 Delta check: Contractor's Bid Sched total vs. calculated total $- $ 0.50 $- $- Variance to Engr Estimate $ (1,511,435) $ (1,504,217) $ (1,463,123) $ (1,425,255)156861% Variance to Engr Estimate-45.9%-45.7%-44.4%-43.3%Variance to Low Bid-$ 7,218$ 48,312$ 86,179.88$ % Variance to Low Bid0.0%0.4%2.7%4.8%Items, though outscheck0000TOTAL BID ITEMS28282828Items within the -75% to +50% range as compared to the Engineer's Estimate 18161619Items outside of the -75% to +50% range as compared to the Engineer's Estimate1012129Items less than -75% of the Engineer's Estimate2452Items greater than +50% of the Engineer's Estimate8877Bid Opening Date: 06 June 2019SS 1913182Yellow items are $100k+ less than the ENGR ESTJim Daughtry:only 1st of 2 mob lines included\\rctc‐fp2‐sv\becfiles‐new\Project Controls\Cost Estimates (ICE), Cost Analysis & Negotiations\Construction Bids\MCP Mitigation Site\Bid Schedule ‐ MCP Mitigation Site 2019‐06‐07 ‐ rB ‐ Final, Bid SchedPage 1 of 2ATTACHMENT 2105
Printed: 6/17/2019, 10:33 AMENGINEER'S ESTIMATE, BIDDERS' PRICING & ANALYSISMCP Mitigation SiteEngineer's Cost Estimate May 2019ITEM NUMFPQBridge ITEM CODE ITEM DESCRIPTIONUNIT OF MEASUREBIDQTY(A)ENGINEER'SESTIMATEDPRICE(B) AMOUNT(C=A x B) 1080050 (F) Progress Schedule (Critical Path Method) LS1 $ 2,000.00 $ 2,000 2100100 (F) Develop Water SupplyLS1 $ 10,000.00 $ 10,000 3120090 (F) Construction Area SignsLS1 $ 3,000.00 $ 3,000 4130100 (F) Job Site ManagementLS1 $ 10,000.00 $ 10,000 5130300 (F)Prepare Storm Water Pollution Prevention PlanLS1 $ 10,000.00 $ 10,000 6130330 (F) Storm Water Annual ReportLS1 $ 3,000.00 $ 3,000 7160101 (F) Clearing and GrubbingLS1 $ 50,000.00 $ 50,000 8150606 Remove Fence (Type BW)LF1,806 $ 4.00 $ 7,224 9190101 (F) Earthwork (Farmer's Berm Removal) CY9,526 $ 18.00 $ 171,468 10190101 (F) Earthwork (Stockpile Removal)CY 48,964 $ 18.00 $ 881,352 11210350 Fiber RollsLF5,009 $ 4.00 $ 20,036 12(F) Wetlands grading (new basin)CY 61,714 $ 18.00 $ 1,110,852 13(F) New bermCY862 $ 10.00 $ 8,620 14(F)EMWD turn-around (scarification and compaction)LS1 $ 3,000.00 $ 3,000 15800360A Fence (3-strand wire)LF11,262 $ 15.00 $ 168,930 16Access gates (RCA & EMWD)EA6 $ 2,000.00 $ 12,000 17141000 Temporary fence (Type ESA)LF4,238 $ 5.00 $ 21,190 18130680 Temporary Silt FenceLF9,548 $ 5.00 $ 47,740 19Temporary Reinforced Silt Fence (Type 2) LF6,579 $ 15.00 $ 98,685 20130710 Temporary construction entranceEA1 $ 5,000.00 $ 5,000 21731502Minor Concrete (Miscellaneous Construction)CY5 $ 2,500.00 $ 12,500 22EMWD Delineator BollardsEA60 $ 200.00 $ 12,000 Notincl.Permits$$1 $ - $ - 23SeedAC32 $ 2,800.00 $ 89,600 24MycorrhizaeAC32 $ 500.00 $ 16,000 25HydroseedingAC32 $ 1,800.00 $ 57,600 26Hand Distribution of SeedAC10 $ 3,000.00 $ 30,000 27204099 Plant Establishment WorkLS1 $ 142,000.00 $ 142,000 Notincl.Construction Management (12% of Construction Cost)0 $ - $ - Notincl.Construction Survey Work (4% of Construction Cost)0 $ - $ - Notincl.Contingency0 $ - $ - 28999990 MOBILIZATIONLS1 $ 290,291 $ 290,291 1 $ 3,294,088 Contractor's Bid Schedule ValueDelta check: Contractor's Bid Sched total vs. calculated totalVariance to Engr Estimate156861% Variance to Engr EstimateVariance to Low Bid% Variance to Low BidcheckTOTAL BID ITEMSItems within the -75% to +50% range as compared to the Engineer's EstimateItems outside of the -75% to +50% range as compared to the Engineer's EstimateItems less than -75% of the Engineer's EstimateItems greater than +50% of the Engineer's EstimateBid Opening Date: 06 June 2019SS 1913182Jim Daughtry:only 1st of 2 mob lines includedATTACHMENT 2AVERAGESVARIANCE TO AVERAGES (excl. lowest & highest bidders only if outliers)AVERAGESLOW BIDDERSECOND BIDDERTHIRD BIDDERFOURTH BIDDERRiverside Construction Co.Granite Construction Co.AMES ConstructionSouthern California GradingPRICE AMOUNT % of Avg. Total % VARENGR EST PRICE AMOUNT % VARTO AVG.PRICE AMOUNT % VARTO AVG.PRICE AMOUNT % VARTO AVG.PRICE AMOUNT % VARTO AVG. 3,925.00 $ 3,925 0.2% 96% 1,075.00 $ 1,075 27% 2,575.00 $ 2,575 66% (2,725.00) $ (2,725) -69% (925.00) $ (925) -24% 49,431.00 $ 49,431 2.7% 394% 569.00 $ 569 1% 5,293.00 $ 5,293 11% 10,569.00 $ 10,569 21% (16,431.00) $ (16,431) -33% 10,500.00 $ 10,500 0.6% 250% (5,500.00) $ (5,500) -52% 11,500.00 $ 11,500 110% (500.00) $ (500) -5% (5,500.00) $ (5,500) -52% 43,400.00 $ 43,400 2.4% 334% (3,400.00) $ (3,400) -8% (39,800.00) $ (39,800)-92% (13,400.00) $ (13,400) -31% 56,600.00 $ 56,600 130% 4,875.00 $ 4,875 0.3% -51% (1,375.00) $ (1,375) -28% (2,875.00) $ (2,875) -59% (2,875.00) $ (2,875) -59% 7,125.00 $ 7,125 146% 1,312.50 $ 1,313 0.1% -56% (562.50) $ (563) -43% 1,187.50 $ 1,188 90% (812.50) $ (813) -62% 187.50 $ 188 14% 84,750.00 $ 84,750 4.7% 70% 5,250.00 $ 5,250 6% (30,750.00) $ (30,750) -36% 35,250.00 $ 35,250 42% (9,750.00) $ (9,750) -12% 4.10 $ 7,405 0.4% 3% (0.10) $ (181) -2% (2.10) $ (3,793) -51% 2.90 $ 5,237 71% (0.70) $ (1,264) -17% 5.93 $ 56,442 3.1% -67% 1.58 $ 15,003 27% (0.73) $ (6,906) -12% (0.63) $ (5,954) -11% (0.23) $ (2,143) -4% 4.25 $ 208,097 11.4%-76% 1.25 $ 61,205 29% 0.45 $ 22,034 11% (0.75) $ (36,723) -18% (0.95) $ (46,516) -22% 3.73 $ 18,659 1.0% -7% (0.73) $ (3,632) -19% 2.58 $ 12,898 69% (0.73) $ (3,632) -19% (1.13) $ (5,635) -30% 8.24 $ 508,678 28.0%-54% (2.24) $ (138,394)-27% (2.39) $ (147,651)-29% 0.26 $ 15,891 3% 4.38 $ 270,153 53% 15.50 $ 13,361 0.7% 55% 4.50 $ 3,879 29% 3.50 $ 3,017 23% (12.50) $ (10,775)-81% 4.50 $ 3,879 29% 3,825.00 $ 3,825 0.2% 28% 1,175.00 $ 1,175 31% (825.00) $ (825) -22% (1,325.00) $ (1,325) -35% 975.00 $ 975 25% 5.15 $ 57,999 3.2% -66% (1.15) $ (12,951) -22% (0.65) $ (7,320) -13% (1.35) $ (15,204) -26% 3.15 $ 35,475 61% 1,237.50 $ 7,425 0.4% -38% (237.50) $ (1,425) -19% 12.50 $ 75 1% (137.50) $ (825) -11% 362.50 $ 2,175 29% 6.13 $ 25,958 1.4% 23% (1.13) $ (4,768) -18% 5.68 $ 24,051 93% (2.13) $ (9,006) -35% (2.43) $ (10,277) -40% 4.88 $ 46,547 2.6% -3% 0.13 $ 1,194 3% 1.33 $ 12,651 27% (0.38) $ (3,581) -8% (1.08) $ (10,264) -22% 6.71 $ 44,162 2.4% -55% 0.29 $ 1,891 4% 1.79 $ 11,760 27% (1.96) $ (12,911) -29% (0.11) $ (740) -2% 9,125.10 $ 9,125 0.5% 83% (3,625.10) $ (3,625) -40% 7,875.30 $ 7,875 86% 874.90 $ 875 10% (5,125.10) $ (5,125) -56% 556.25 $ 2,781 0.2% -78% (56.25) $ (281) -10% (256.25) $ (1,281) -46% (331.25) $ (1,656) -60% 643.75 $ 3,219 116% 150.25 $ 9,015 0.5% -25% (65.25) $ (3,915) -43% 99.75 $ 5,985 66% (60.25) $ (3,615) -40% 25.75 $ 1,545 17% - $ - 0.0% - $ - - $ - - $ - - $ - 10,537.50 $ 337,200 18.5%276% 1,962.50 $ 62,800 19% 4,462.50 $ 142,800 42% 2,462.50 $ 78,800 23% (8,887.50) $ (284,400) -84% 1,012.50 $ 32,400 1.8% 103% (587.50) $ (18,800) -58% (512.50) $ (16,400) -51% (587.50) $ (18,800) -58% 1,687.50 $ 54,000 167% 1,632.50 $ 52,240 2.9% -9% 67.50 $ 2,160 4% 367.50 $ 11,760 23% 97.50 $ 3,120 6% (532.50) $ (17,040) -33% 1,840.00 $ 18,400 1.0% -39% (1,265.00) $ (12,650) -69% (1,140.00) $ (11,400) -62% (1,255.00) $ (12,550) -68% 3,660.00 $ 36,600 199% 93,375.00 $ 93,375 5.1% -34% 6,625.00 $ 6,625 7% (19,875.00) $ (19,875) -21% 6,625.00 $ 6,625 7% 6,625.00 $ 6,625 7% - $ - 0.0% - $ - - $ - - $ - - $ - - $ - 0.0% - $ - - $ - - $ - - $ - - $ - 0.0% - $ - - $ - - $ - - $ - 66,795.09 $ 66,795 3.7% -77% 13,204.91 $ 13,205 20% (14,795.09) $ (14,795) -22% 13,385.26 $ 13,385 20% (11,795.09) $ (11,795) -18% $ 1,818,080 100% -45% [Bidder] $ (35,427)-1.9% [Bidder] $ (28,210)-1.6% [Bidder] $ 12,885 0.7% [Bidder] $ 50,753 2.8%side of the Engineer's Estimate range, are reasonably within the Average of the bids 100000TOTAL BID ITEMS 28282828Items within the -75% to +50% range as compared to the Average of the bids 28232725Items outside of the -75% to +50% range as compared to the Average of the bids 0513Items less than -75% of the Average of the bids 0000Items greater than +50% of the Average of the bids 0513\\rctc‐fp2‐sv\becfiles‐new\Project Controls\Cost Estimates (ICE), Cost Analysis & Negotiations\Construction Bids\MCP Mitigation Site\Bid Schedule ‐ MCP Mitigation Site 2019‐06‐07 ‐ rB ‐ Final, Bid SchedPage 2 of 2106
RCTC Construction Contract Bid Analysis Report
Mid County Parkway Mitigation Site
Adding a 154.3 acre site to enhance and expand the 10-year floodplain east of the
San Jacinto River and expand the MCP right-of-way by 1.52 acres to account for
necessary utility relocation
RCTC Agreement 19-31-086-00
1 | Page
A total of four sealed bids for construction of this project were received and opened in a public
forum on June 6, 2019 at RCTC's offices. The results of the bids are tabulated here.
Adjustments
It was not necessary to adjust the bid amounts since there were no arithmetic errors. Likewise,
it was not necessary to adjust the Engineer’s Estimate quantities, and all quantities in the bids
exactly matched those in the Engineer’s Estimate. Construction Management, Construction
Survey Work and Contingency as provided in the Engineer’s Estimate were not included in the
bids, nor was the second Mobilization.
Initial Observations
All four bids were relatively close, with a spread between the low and high bids of only $86,180.
The low bid was only 1.9% less than the average of the four bids, and the high bid was only
4.8% higher than the low bid, and only 2.8% higher than the average.
Analysis Methodology
This analysis is in accordance with Section 15.6, Contract Award, of the Caltrans Local
Assistance Procedures Manual and utilizes the recommended bid analysis procedures in
the FHWA document "Guidelines on Preparing Engineer's Estimate, Bid Reviews and
Evaluation", herein after referred to as FHWA Guideline. Our review of each bid includes
the following:
1.Assessing competition of bids received.
2. A checklist used to review bid documents for responsiveness.
3.A tabulation of bid items for each bidder that were compared to the Engineer's Estimate.
4. A review of Bid Items for unbalanced bids.
5. Contractors license review. The contracting licenses for bidders and proposed
subcontractors were researched on the Contractor's State License Board web site.
SS 1913182
Rank Firm Amount Diff from Low % Diff from Avg
1 Riverside Construction Company 1,782,653.00$ ‐1.9%
2 Granite Construction Company 1,789,871.00$ 7,218.00$ 0.4% ‐1.6%
3 Ames Construction Company 1,830,965.00$ 48,312.00$ 2.7% 0.7%
4 Southern California Grading 1,868,832.88$ 86,179.88$ 4.8% 2.8%
Average 1,818,080.35$ 35,427.35$ 2.0%
Spread 86,179.88$ 4.7%
SWEENEY BID RESULTS ‐ 6 JUN 2019
ATTACHMENT 3
107
Attachment 3
RCTC Construction Contract Bid Analysis Report
Mid County Parkway Mitigation Site
Adding a 154.3 acre site to enhance and expand the 10-year floodplain east of the
San Jacinto River and expand the MCP right-of-way by 1.52 acres to account for
necessary utility relocation
RCTC Agreement 19-31-086-00
2 | Page
Competition Assessment
With the aforementioned low percentage differences between the bids and with the number of
bids received, competition is considered excellent for this project.
Bidder Responsiveness
The apparent low bidder, R i v e r s i d e C o n s t r u c t i o n C o . acknowledged all
addenda, signed the bid letter, and provided all other forms required to be submitted as
part of the bid package, including signatures by a notary public. Riverside Construction Co.
listed Pacific Restoration Group as their subcontractor performing seeding and plant
establishment scope, which totals to $571,733, or 32% of the total bid amount, and listed
Fence Corp as their subcontractor performing the fencing scope, which totals to $50,385, or
2.7% of the total bid amount.
Bid Item Tabulation and Unbalanced Bid Check
In summary, all bidders were below the Engineer’s Estimate. The lowest bidder was 43.2%
below the Engineer’s Estimate, the second bidder was 42.9% below, the third was 41.6
below, and the fourth and lowest bidders was 40.4% below.
Compared to the low bid, all others were within 4.8% of the low bidder. The second lowest
bidder was only 0.4% above, the third lowest bidder was 2.7% above, and the fourth was
4.85% above the lowest bid. A detailed bid tabulation of all four bidders is attached as
reference to following:
1. A check of individual bid item total price compared to submitted bid sheets.
2. A check of the total bid price submitted on the bid sheets.
3. The percent difference between bid unit prices and the Engineer's estimated unit prices.
4. The difference between the Engineer's Estimate and the bidder's Total Bid Price in
both dollars and percentages.
Bids were analyzed for possible imbalance. Since all four bids were substantially below the
Engineer’s Estimate, yet significantly close to one another in total value, the Bid items were
analyzed and considered as potentially materially unbalanced against the average of the four
bids rather than against the Engineer’s Estimate. Bid items were analyzed as potentially
materially unbalanced if they varied outside of a range of either less than -75% or greater than
50% of the average for each Bid item.
Riverside Construction Co. as the lowest bidder had zero of the 28 items that fell outside of this
range. The second lowest bidder had five items that fell outside of the range, the third lowest
bidder had only one item, and the fourth bidder had three items that fell outside of the range.
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Attachment 3
RCTC Construction Contract Bid Analysis Report
Mid County Parkway Mitigation Site
Adding a 154.3 acre site to enhance and expand the 10-year floodplain east of the
San Jacinto River and expand the MCP right-of-way by 1.52 acres to account for
necessary utility relocation
RCTC Agreement 19-31-086-00
3 | Page
Review of Large Value Items
The following three Bid items total to 58% of the lowest bidder’s total Bid amount.
Item 10 – Earthwork (Stockpile Removal), 48,964 cubic yards at $5.50/CY and $269,302,
which is 15% of the lowest bidder’s total Bid amount.
Item 12 – Wetlands grading (new basin), 61,714 cubic years at $6.00/CY and $370,284,
which is 21% of the lowest bidder’s total Bid amount.
Item 23 – Seed, 32 acres at $12,500/acre and $400,000, which is 22.4% of the lowest
bidder’s total Bid amount.
All other Bid items were less than 7% of the lowest bidders total Bid amount.
Item 10 – Earthwork: The lowest bidder’s price of $5.50/CY is $1.25/CY higher than the
average price, which indicates that the lowest bidder’s price should be adequate.
Item 12 – Wetlands grading: The lowest bidder’s price of $6.00/CY is $2.24/CY lower than the
average price, but only $0.15 higher than the second lowest bidder.
Item 23 – Seed: The lowest bidder’s price of $12,500/acre is $1,962.50/acre higher than the
average price, which indicates that the lowest bidder’s price should be adequate.
Bids v. Engineers Estimate
The average of bids ($1,818,080) was 45% below the Engineers Estimate ($3,294,088). A possible
explanation for this large discrepancy is the designer’s use of Caltrans cost data. As the contract special
provisions were adapted from a Caltrans template the designer was directed by RCTC to use Caltrans
cost data for reference. In hind sight, this decision was not appropriate for a small grading project.
Conclusion
The bids appear to be in order and we recommend award to the low bidder.
109
Contract-1
17336.0601K\29695231.1
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
**************
CONTRACT
**************
CONSTRUCTION SERVICES FOR THE
MID COUNTY PARKWAY MITIGATION SITE
RCTC Agreement No. 19-31-086-00
May 16, 2019
BETWEEN
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
RIVERSIDE CONSTRUCTION COMPANY
ATTACHMENT 4
110
Contract-2
17336.0601K\29695231.1
CONSTRUCTION SERVICES FOR THE
MID COUNTY PARKWAY MITIGATION SITE
AGREEMENT NO. 19-31-086-00
1. PARTIES AND DATE.
This Contract is made and entered into this ____ day of ____________, 2019 by and
between the Riverside County Transportation Commission (hereinafter called the "Commission")
and Riverside Construction Company (hereinafter called the "Contractor"). This Contract is for
that Work described in the Contract Documents entitled CONSTRUCTION SERVICES FOR
THE MID COUNTY PARKWAY MITIGATION SITE
2. RECITALS.
2.1 The Commission is a County Transportation Commission organized under the
provisions of Sections 130000, et seq. of the Public Utilities Code of the State of California, with
power to contract for services necessary to achieving its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by Commission on
May 16, 2019, has submitted a bid proposal for CONSTRUCTION SERVICES FOR THE
MID COUNTY PARKWAY MITIGATION SITE
2.3 Commission has duly opened and considered the Contractor's bid proposal and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and other Bid
Documents.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract Documents.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference this Contract and the
following Contract Documents provided with the above referenced Notice Inviting Bids, including
all exhibits, drawings, specifications and documents therein, and attachments thereto, all of which,
including all addendum thereto, are by this reference incorporated herein and made a part of this
Contract:
a. NOTICE INVITING BIDS
b. INSTRUCTIONS TO BIDDERS
c. CONTRACT BID FORMS
d. FORM OF CONTRACT
e. PAYMENT AND PERFORMANCE BOND FORMS
f. ESCROW AGREEMENT FOR SECURITY DEPOSITS
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Contract-3
17336.0601K\29695231.1
g. CONTRACT APPENDIX
PART "A" - Regulatory Requirements and Permits
PART "B" – Standard Provisions
PART "C" – Technical Special Provisions
PART "D" - Contract Plans
PART "E" - Reference Documents
h. ADDENDUM NO.(S) (N/A or Add Addendum Numbers)
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at his own cost and expense, to furnish to the
Commission all labor, materials, tools, equipment, services, and incidental and customary work
for CONSTRUCTION SERVICES FOR THE MID COUNTY PARKWAY
MITIGATION SITE
Notwithstanding anything else in the Contract Documents, the Contractor shall complete
the Work for a total of One Million Seven Hundred Eighty-Two Thousand Six Hundred Fifty-
Three Dollars ($1,782,653), as specified in the bid proposal and pricing schedules submitted by
the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be
subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be
subject to, and performed in accordance with the above referenced Contract Documents.
3.3 Period of Performance.
Contractor shall perform and complete all Work under this Contract within 256 calendar
days of the effective date of the Notice to Proceed, and in accordance with the Milestone
Completion Dates set forth in the table below. Contractor agrees that if such Work is not completed
within the aforementioned periods, liquidated damages will apply as provided by the applicable
provisions of the Standard Provisions, found in Part "B" of the Contract Appendix. The amount
of liquidated damages shall equal five hundred dollars ($500.00) for each day or fraction thereof,
it takes to complete the Work, or specified portion(s) of the Work, over and above the number of
days specified herein or beyond the Project Milestones established by approved Construction
Schedules.
3.4 Commission's Basic Obligation.
Commission agrees to engage and does hereby engage Contractor as an independent
contractor to furnish all materials and to perform all Work according to the terms and conditions
herein contained for the sum set forth above. Except as otherwise provided in the Contract
Documents, the Commission shall pay to Contractor, as full consideration for the satisfactory
performance by the Contractor of services and obligation required by this Contract, the above
referenced compensation in accordance with Compensation Provisions set forth in the Contract
Documents.
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Contract-4
17336.0601K\29695231.1
3.5 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for Worker's 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 Work. A certification form for
this purpose is attached to this Contract as Exhibit “A” and incorporated herein by reference, and
shall be executed simultaneously with this Contract.
3.6 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of Commission.
3.7 Notices.
All notices hereunder and communications regarding interpretation of the terms of the
Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail,
return receipt requested, postage prepaid and addressed as follows:
Contractor: Commission:
Riverside Construction Company Riverside County Transportation Commission
4225 Garner Rd. P.O. Box 12008
P.O. Box 1146 Riverside, California 92502-2208
Attn: Donald Pim Attn: Executive Director
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
RIVERSIDE CONSTRUCTION RIVERSIDE COUNTY
COMPANY TRANSPORTATION COMMISSION
By: ______________________ By: _________________________
Name Anne Mayer
Riverside County Transportation
Commission
______________________
Title
Tax I.D. Number: APPROVED AS TO FORM:
113
Contract-5
17336.0601K\29695231.1
By: _________________________
Best Best & Krieger LLP
Counsel, RCTC
114
EXHIBIT “A”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the
California Labor Code which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions of the Code. I
agree to and will comply with such provisions before commencing the Work governed by this
Contract.
CONTRACTOR:
Name of Contractor: Riverside Construction Company
By: _______________________________
Signature
_______________________________
Name
_______________________________
Title
_______________________________
Date
115
AGENDA ITEM 12
Agenda Item 12
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 24, 2019
TO: Western Riverside County Programs and Projects Committee
FROM: Michelle McCamish, Management Analyst
Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Aaron Hake, Director of External Affairs
SUBJECT: Agreement with the California Department of Transportation for Senate
Bill 1 Funding of the Freeway Service Patrol Program in Riverside County
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 19-45-101-00 with the California Department of Transportation
(Caltrans) for the Senate Bill (SB) 1 funding of the Riverside County Freeway Service Patrol
(FSP) program in an amount not to exceed $1,390,287;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission; and
3) Forward to the Commission for action.
BACKGROUND INFORMATION:
In 1986, the Commission established itself as the Riverside County Service Authority for Freeway
Emergencies (RC SAFE) after the enactment of SB 1199 in 1985. The purpose of the formation of
SAFEs in California was to provide call box services and, with excess funds, provide additional
motorist aid services. Funding for RC SAFE is derived from a one dollar per vehicle registration
fee on vehicles registered in Riverside County. Initially, these funds were used only for the call
box program. As additional motorist aid services were developed, SAFE funds were also used to
provide FSP and the Inland Empire 511 traveler information services as part of a comprehensive
motorist aid system in Riverside County.
In 1990, Proposition C was passed to fund transportation improvements and to help reduce
traffic congestion in California. From this, the FSP program was created by Caltrans, which
developed the corresponding local funding allocation plan to distribute funds to participating
jurisdictions through a formula based on population, urban freeway lane miles, and levels of
congestion.
The Commission, acting in its capacity as the RC SAFE, is the principal agency in Riverside County,
in partnership with Caltrans and the California Highway Patrol, managing the FSP program. The
purpose of the FSP program is to provide a continuously roving tow services patrol along
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Agenda Item 12
designated freeway segments (referred to as beats) to relieve freeway congestion and facilitate
the rapid removal of disabled vehicles and those involved in minor accidents on local freeways.
In April 2017, the California Legislature passed SB 1 which included additional funding for FSP. In
March 2018, Caltrans released the SB 1 FSP funding guidelines which allocated $25 million for
FSP statewide to participating jurisdictions based on the existing formula, resulting in $1,656,973
for Riverside County for FY 2017/18. Per the guidelines, this allocation is to be applied to:
• California Highway Patrol (CHP) costs for FSP oversight and supervision,
• Inflation and hour adjustments to baseline service, and
• For new or expanded FSP service.
The Commission’s FSP program is a popular service amongst motorists in Riverside County and
has consistently demonstrated a very high benefit to cost score statewide. Currently, the
Commission contracts with three tow truck operators to provide service during peak commute
hours across 165 centerline miles. In FY 2017/18, FSP performed 41,417 assists.
DISCUSSION:
The first allocation of SB 1 funds for new FSP service was applied to expand coverage into
southern Riverside County. The projected benefit cost for this expansion scored above the
minimum benefit cost threshold (3.0). In September 2018, the Commission launched three new
beats expanding FSP as far south as the I-15/79 South interchange benefitting commuters
traveling from and through Lake Elsinore, Wildomar, Menifee, Murrieta, and Temecula.
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Agenda Item 12
Figure 1: Total South County Assists
In FY 2018/19, total assists for all beats through May 31, 2019 are 43,496. Since September 2018,
the three new south county beats have provided 6,939 assists (see Figure 1). As such, the south
county beats make up about 16 percent of total FSP assists in the whole county. Since inception,
the south county beats have scored an average estimated benefit cost of twice the minimum
threshold.
This second SB 1 allocation for FY 2018/19 in the amount of $1,390,287 provides funding to
continue the new service in southern Riverside County as well as supplement inflation costs in
the baseline service. The approximately $267,000 reduction in funding compared to the last
allocation is due to a portion of the funding for CHP supervision of the FSP program being
allocated directly from Caltrans to CHP, rather than passing through the SAFEs.
Caltrans funding agreements are reimbursement-based and allow for the carryover of contract
balances not expended in the agreement’s stated fiscal year. This allows the Commission to fully
expend allocated amounts and also accommodates the timing of the Caltrans allocation release,
which is typically later during the fiscal year for which it is intended.
Staff recommends that the Commission approve the SB 1 funding agreement with Caltrans for
Riverside County FSP operations in the amount of $1,390,287. Additionally, staff recommends
that the Commission authorize the Executive Director to execute the final agreement.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2019/20 Amount: $ 1,390,287
Source of Funds: SB 1 state funds Budget Adjustment: No
GL/Project Accounting No.: 002173 415 41510 201 45 41501
Fiscal Procedures Approved: Date: 06/12/2019
Attachment: Caltrans SB 1 Fund Transfer Agreement FY 2019
118
119
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NOW, THEREFORE, the parties agree as follows:
SECTION I
STATE AGREES:
1. To define or specify, in cooperation with ADMINISTERING AGENCY, the limits of the State Highway
segments to be served by the FSP as well as the nature and amount of the FSP dedicated equipment, if
any that is to be funded under the FSP program.
2. To pay ADMINISTERING AGENCY the STATE's share, an amount not to exceed $1,390,286.79, of
eligible participating PROJECT costs. This amount is comprised of $786,231.58 for Inflation and Hour
Adjustment to Baseline and $604,055.21 for New or Expanded Service.
3. To make reimbursements to ADMINISTERING AGENCY, as promptly as state fiscal procedures will
permit, but not more often than monthly in arrears, upon receipt of an original and two signed copies of
invoices in the proper form covering actual allowable costs incurred for the prior sequential month's
period of the Progress Payment Invoice.
4. When conducting an audit of the costs claimed by ADMINISTERING AGENCY under the provisions of
this Agreement, STATE will rely to the maximum extent possible on any prior audit of ADMINISTERING
AGENCY performed pursuant to the provisions of state and federal laws. In the absence of such an
audit, work of other auditors will be relied upon to the extent that work is acceptable to STATE when
planning and conducting additional audits.
SECTION II
ADMINISTERING AGENCY AGREES:
1. A. To commit and contribute matching funds from ADMINISTERING AGENCY resources, which shall be
an amount not less than 25% of the amount provided by STATE from the State Highway Account.
1. B. To maintain existing service hours and expand new service all as defined in the 2018 FSP SB 1
Funding Guidelines for SB 1 funds.
2. The ADMINISTERING AGENCY's detailed PROJECT Cost Proposal is attached hereto and made an
express part of this Agreement. The detailed PROJECT Cost Proposal reflects the provisions and/or
regulations of Section III, Article 8, of this agreement.
3. To use all state funds paid hereunder only for those transportation-related PROJECT purposes that
conform to Article XIX of the California State Constitution.
4. STATE funds provided to ADMINISTERING AGENCY or sub-recipient(s) under this Agreement shall not
be used for administrative purposes by ADMINISTERING AGENCY or sub-recipient(s). Said administrative
costs may be credited toward ADMINISTERING AGENCY's or sub-recipient's PROJECT matching funds
provided claimed administrative costs are specified on ADMINISTERING AGENCY's invoice submittal. If
said administrative costs are "indirect", as defined in 2 CFR, Part 200, Uniform Administrative
Requirements, Cost Principles and Audit Requirement for Federal Awards, the costs must be allocated in
accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in
accordance with Caltrans Audits and Investigations requirements which may be accessed at:
121
www.dot.ca.gov/hq/audits/.
5. To develop, in cooperation with STATE, advertise, award, and administer PROJECT contract(s) in
accordance with ADMINISTERING AGENCY competitive procurement procedures, in compliance with
Public Contract Code (PCC) 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL
regulations.
6. Upon award of contract for PROJECT, to prepare and submit to STATE an original and two signed
copies of progress invoicing for STATE's share of actual expenditures for allowable PROJECT costs.
7. Said invoicing shall evidence the expenditure of ADMINISTERING AGENCY's PROJECT participation in
paying not less than 20% of all allowable PROJECT costs and shall contain the information described in
Chapter 5 of the Local Assistance Procedures Manual (LAPM). Invoicing shall demonstrate
ADMINISTERING AGENCY'S PROJECT participation by showing a matched expenditure of funds of at least
25% of the amount provided by the STATE (excluding the funds dispersed to CHP). ADMINISTERING
AGENCY invoices shall be submitted to:
State of California
Department of Transportation
Division of Traffic Operations, MS 36
Office of System Management Operations
1120 "N" Street
Sacramento, CA 95814
8. Within 60 days after completion of PROJECT work to be reimbursed under this Agreement, to prepare
a final invoice reporting all actual eligible costs expended, including all costs paid by ADMINISTERING
AGENCY and submit that signed invoice, along with any refund due STATE, to the address referenced
above under Section II, Article 7. Backup information submitted with said final invoice shall include all
FSP operational contract invoices paid by ADMINISTERING AGENCY to contracted operators included in
expenditures billed to STATE under this Agreement.
9. COST PRINCIPLES
A) ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors
to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit
Requirement for Federal Awards, and all applicable Federal and State laws and regulations.
B) ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be
obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations
System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be
used to determine the allowability of individual PROJECT cost items.
C) Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1,
Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING
AGENCY fail to reimburse Fund moneys due STATE within 30 days of demand, or within such other
period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and
withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source,
122
including, but not limited to, the State Treasurer, the State Controller, and the California Transportation
Commission.
10. THIRD PARTY CONTRACTING
A) ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contract over
$10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are
required to be procured in accordance with Government Code sections 4525 (d), (e), and (f)) on the
basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE.
B) Any subcontract or agreement entered into by ADMINISTERING AGENCY as a result of disbursing
Funds received pursuant to this Agreement shall contain all of the fiscal provisions (Section II,
Paragraphs 4, 9, 11, 12, & 13) of this Agreement, and shall mandate that travel and per diem
reimbursements and third-party contract reimbursements to subcontractors will be allowable as project
costs only after those costs are incurred and paid for by the subcontractors.
C) In addition to the above, the preaward requirements of third party contractor/consultants with
ADMINISTERING AGENCY should be consistent with Local Program Procedures as published by STATE.
11. ACCOUNTING SYSTEM
ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting
system and records that properly accumulate and segregate Fund expenditures by line item for the
PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors, and all subcontractors
shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred
costs at interim points of completion, and provide support for reimbursement payment vouchers or
invoices.
12. RIGHT TO AUDIT
For the purpose of determining compliance with this Agreement and other matters connected with the
performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING AGENCY,
ADMINISTERING AGENCY'S contractors, and subcontractors, and STATE shall each maintain and make
available for inspection all books, documents, papers, accounting records, and other evidence pertaining
to the performance of such contracts, including, but not limited to the costs of administering those
various contracts. All of the above referenced parties shall make such materials available at their
respective offices at all reasonable times for three years from the date of final payment of Funds to
ADMINISTERING AGENCY. STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States Department of Transportation shall each have access to any books, records,
and documents that are pertinent for audits, examinations, excerpts, and transactions, and
ADMINISTERING AGENCY shall furnish copies thereof if requested.
13. TRAVEL AND SUBSISTENCE
Payments to ADMINISTERING AGENCY for travel and subsistence expenses of ADMINISTERING AGENCY
forces and its subcontractors claimed for reimbursement or applied as local match credit shall not
123
exceed rates authorized to be paid exempt non-represented State employees under current State
Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those
authorized DPA rates, then ADMINISTERING AGENCY is responsible for the cost difference and any
overpayments shall be reimbursed to STATE on demand.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of
resources by the Legislature and the encumbrance of funds under this Agreement. Funding and
reimbursement is available only upon the passage of the State Budget Act containing these STATE funds.
The starting date of eligible reimbursable activities shall be JULY 1, 2018.
2. All obligations of ADMINISTERING AGENCY under the terms of this Agreement are subject to
authorization and allocation of resources by ADMINISTERING AGENCY.
3. ADMINISTERING AGENCY and STATE shall jointly define the initial FSP program as well as the
appropriate level of FSP funding recommendations and scope of service and equipment required to
provide and manage the FSP program. No changes shall be made in these unless mutually agreed to in
writing by the parties to this Agreement.
4. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in
third parties not parties to this Agreement or affect the legal liability of either party to this Agreement
by imposing any standard of care with respect to the maintenance of State highways different from the
standard of care imposed by law.
5. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability
occurring or arising by reason of anything done or omitted to be done by ADMINISTERING AGENCY
under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY
under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4,
ADMINISTERING AGENCY shall fully defend, indemnify, and save harmless the State of California, its
officers, and employees from all claims, suits, or actions of every name, kind, and description brought
for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work,
authority, or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement.
6. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring or arising by reason of anything done or omitted to be done by STATE
under or in connection with any work, authority, or jurisdiction delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall
fully defend, indemnify, and save harmless ADMINISTERING AGENCY, its officers, and employees from
all claims, suits or actions of every name, kind, and description brought for or on account of injury (as
defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done
by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this
Agreement.
7. ADMINISTERING AGENCY will maintain an inventory of all non-expendable PROJECT equipment,
124
defined as having a useful life of at least two years and an acquisition cost of $500 or more, paid for with
PROJECT funds. ADMINISTERING AGENCY shall define in PROJECT contract who shall take ownership of
all equipment at the conclusion of the Project.
8. In the event that ADMINISTERING AGENCY fails to operate the PROJECT commenced and reimbursed
under this Agreement in accordance with the terms of this Agreement or fails to comply with applicable
Federal and State laws and regulations, STATE reserves the right to terminate funding for PROJECT, or
portions thereof, upon written notice to ADMINISTERING AGENCY.
9. This Agreement shall terminate on June 30, 2021. However, the non-expendable equipment and
liability clauses shall remain in effect until terminated or modified in writing by mutual agreement.
STATE OF CALIFORNIA Riverside County Transportation Commission
By: __________________________ By: ______________________________
Office of Project Implementation Title: ______________________________
Division of Local Assistance
DATE: _________________________ DATE: _____________________________
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AGENDA ITEM 13
Agenda Item 13
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 24, 2019
TO: Western Riverside County Programs and Projects Committee
FROM: Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Aaron Hake, Director of External Affairs
SUBJECT: Amendments for Construction Freeway Service Patrol Towing Services
Supporting the State Route 60 Truck Lanes Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve the following amendments to agreements to provide Construction Freeway
Service Patrol (CFSP) services for the State Route 60 Truck Lanes Project (Project) for an
additional amount not to exceed an aggregate value of $500,000:
a) Agreement No. 15-45-060-03, Amendment No. 3 to Agreement
No. 15-45-060-00, with Airport Mobile Towing, Inc. (Airport);
b) Agreement No. 18-45-131-03, Amendment No. 3 to Agreement
No. 18-45-131-00, with Coastal Pride Towing, Inc. (Coastal);
c) Agreement No. 17-45-061-01, Amendment No. 1 to Agreement
No. 17-45-061-00, with Pepe’s Towing, Inc. (Pepe’s);
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission; and
3) Forward to the Commission for action.
BACKGROUND INFORMATION:
The Commission, acting in its capacity as the Service Authority for Freeway Emergencies (SAFE),
is the principal agency in Riverside County, in partnership with Caltrans and the California
Highway Patrol (CHP), managing the Freeway Service Patrol (FSP) program. The purpose of the
FSP program is to provide a continuously roving tow services patrol along designated freeway
segments (referred to as beats) to relieve freeway congestion and facilitate the rapid removal of
disabled vehicles and those involved in minor accidents on local freeways. Currently, the
Commission contracts with three tow truck operators to provide service on a total of twelve
general purpose lane beats Monday through Friday during the peak commute hours, 5:30 a.m.
to 8:30 a.m. and 2:30 p.m. (12:30 p.m. on Fridays) to 6:30 p.m. In addition to regular FSP service,
CFSP provides support for construction projects as a transportation mitigation strategy. CFSP is
currently providing such support for the I-15 Express Lanes Project.
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Agenda Item 13
DISCUSSION:
SR-60 Truck Lanes Project
The Commission, in cooperation with Caltrans, is constructing an eastbound truck-climbing lane
and westbound truck-descending lane on SR-60 in a portion of unincorporated Riverside County
between Gilman Springs Road and 1.4 miles west of Jack Rabbit Trail. The Project also will
upgrade existing inside and outside shoulders to standard widths (10-foot inside shoulder and
12-foot outside shoulder).
Construction is slated to start this summer; however, the most disruptive phase of the Project is
scheduled to start in August 2019 and last through December 2019. This phase involves the
permanent closure of one westbound lane leaving only one available lane for travel in the
westbound direction. In addition to the loss of one westbound lane, shoulders or medians will
not be available to provide relief for disabled vehicles or those involved in accidents. Therefore,
the Project is strategically deploying several measures, including CFSP, to maintain optimal travel
conditions through the Project limits.
Construction FSP Coverage
Due to the unique conditions of the Project (single lane of travel available westbound and
absence of shoulders and medians), CFSP will not apply the traditional approach with
continuously roving trucks. Instead, up to two tow trucks will be staged at strategic points within
the construction zone to optimize response times. In addition, the trucks will perform a full
sweep of the beat every half hour if they are not already actively involved in an assist at the half
hour marks. The preliminary CFSP service schedule for the Project is Monday through Thursday,
6:00am – 6:00pm and Friday through Sunday, 7:00am – 9:00pm. The CFSP coverage approach
and service schedule will be monitored regularly and may be adjusted by the CHP and Project
team.
CFSP can only be operated by the Commission’s tow operators that have been specifically trained
and certified to work FSP in Riverside County. Therefore, when CFSP is needed to support
construction projects, amendments with existing operators are executed to add CFSP service.
However, incremental work has become more challenging for the Commission’s tow operators
to staff.
Rising costs to operate the program (vehicles, employee wages, insurance) and higher employee
turnover and competition for employees in a healthy economy have made it more challenging
for tow companies to maintain regular FSP operations. For these same reasons, coverage of
incremental FSP service (e.g. CFSP or grant funded weekend service) has been more difficult for
the Commission’s current rotation of certified FSP tow operators to staff.
Additionally, the Project presents some unique challenges for the certified tow operators in the
Commission’s FSP program. The Project is in an area that is not currently served by FSP; therefore,
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it is essentially an entirely new beat for a tow operator to cover on top of its existing beat(s). The
Project entails CFSP shifts with a minimum of 12 hours and may run up to 16 hours or more, if
needed. In order to fully staff such shifts and be compliant with driver laws, operators will need
to staff multiple drivers for a single truck shift, seven days a week.
Given the aforementioned challenges, distance to the construction zone, and extended service
schedules that are unique to this Project, additional provisions are recommended to ensure CFSP
coverage for the Project. Staff recommends that the following temporary provisions be applied
to contract amendments for tow operators within the Commission’s FSP program that agree to
and provide CFSP services for the Project:
• Drive Time Allowance. Drive time will be an allowable expense invoiced to the
Commission at the applied contractor’s rate; maximum of six (6) hours per tow operator
per truck shift.
• Adjusted Penalty Schedule. Priority will be given to CFSP coverage of the Project during
the most impacted construction period. Therefore, if a tow operator that is staffing CFSP
for the Project runs short one truck on a regular FSP beat commitment for that same day,
that operator will not incur penalties for that missed shift.
Penalty charges will be incurred only if the number of regular FSP truck shift shortages exceed
the number of CFSP truck shifts worked that day by the operator. Service shortages shall be
communicated to the CHP as early as possible and no later than the start of the CFSP shift.
Staff is currently negotiating with the Commission’s three tow operators (Airport, Coastal, and
Pepe’s) and anticipates that multiple amendments will be executed. Staff recommends applying
the amendment template (attached), which includes the temporary provisions, to amendments
with each of the Commission’s tow operators. The total projected cost, based on the preliminary
CFSP service schedule, is estimated at $500,000; this amount will be divided among the
participating tow operators.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2019/20 Amount: $ 500,000
Source of Funds:
State Transportation Improvement
Project, State Highway Operations and
Protection Program, and Congestion
Mitigation and Air Quality
Budget Adjustment: No
GL/Project Accounting No.: 003029 81304 00000 0000 262 31 81301
Fiscal Procedures Approved: Date: 06/17/2019
Attachment: Amendment Template for SR-60 Truck Lanes CFSP Services
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17336.0002A\32107980.1 1
Agreement No. __________
AMENDMENT NO. __ TO AGREEMENT
BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION,
ACTING AS THE
RIVERSIDE COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES,
FOR FREEWAY SERVICE PATROL FOR BEAT # ___
WITHIN RIVERSIDE COUNTY WITH _____
1. PARTIES AND DATE
1.1 This Amendment No. __ is made and entered into as of ______________,
2019, by and between the Riverside County Transportation Commission, a
public entity (“COMMISSION”), acting as the Riverside County Service
Authority for Freeway Emergencies (referred to herein as "SAFE"), and
_______________, a ______________ (referred to herein as
"CONTRACTOR"). SAFE and CONTRACTOR are sometimes individually
referred to herein as “Party” and collectively as “Parties”.
2. RECITALS
2.1 SAFE and CONTRACTOR have entered into an agreement dated
____________ for the purpose of providing Freeway Service Patrol
(“FSP”) services on Beat No. ___ within Riverside County (the "Master
Agreement").
2.2 SAFE and CONTRACTOR have entered into an Amendment No. __ dated
___________ in order to provide _________________.
2.3 SAFE and CONTRACTOR now desire to amend the Master Agreement in
order to add construction FSP services required for the State Route 60
truck lane construction project (the “60 TL Project”) which includes: (i)
construction of an eastbound truck-climbing lane and westbound truck-
descending lane on State Route 60 in a portion of unincorporated
Riverside County between Gilman Springs Road and 1.37 miles west of
Jack Rabbit Trail, and (ii) upgrade existing inside and outside shoulders to
standard widths (10-foot inside shoulder and 12-foot outside shoulder).
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17336.0002A\32107980.1 2
3. TERMS
3.1 The Services, as that term is defined in the Master Agreement, shall be
amended to include construction FSP services for the 60 TL Project as
further detailed in Exhibit “A” attached to this Amendment and
incorporated herein by reference (“60 TL Construction FSP Services”).
3.2 60 TL Construction FSP Services will be provided by two trucks. SAFE
may use other FSP contractors, in addition to CONTRACTOR, to perform
the 60 TL Construction FSP Services.
3.3 Notwithstanding any other provision of the Master Agreement, 60 TL
Construction FSP Services shall be performed under this Amendment at
the following hourly rate: _______.
3.4 The maximum compensation for the 60 TL Construction FSP Services to
be provided under this Amendment shall not exceed __________
Thousand Dollars ($_____).
3.5 The total not-to-exceed amount of the Master Agreement shall be
increased from __________________ to _________________________.
3.6 Under Attachment 1 to Exhibit “A” of the Master Agreement,
CONTRACTOR incurs a penalty for the following violation:
Not having a certified FSP back-up tow truck available
during FSP hours and/or FSP Certified Driver
During any 60 TL Construction FSP Services truck shift operated by
CONTRACTOR, the above violation shall not incur a penalty on Beat ___,
provided that (i) CONTRACTOR notifies SAFE and CHP, at the earliest
time possible, but no later than the scheduled start time of the Beat ____
shift, that the FSP Certified Driver or back-up tow truck driver is not
available because such person is needed for performance of the 60 TL
Construction FSP Services truck shift; and (ii) a FSP Certified Driver or
back-up tow truck driver actually works the full 60 TL Construction FSP
Services truck shift.
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17336.0002A\32107980.1 3
3.7 For the 60 TL Construction FSP Services, CONTRACTOR shall be
permitted to invoice SAFE for a maximum of one hour of driver travel time,
at the hourly rate set forth above, to and from the beat (“Drive Time
Allowance”). The Drive Time Allowance shall apply to a maximum of three
drivers per each 60 TL Construction FSP Services truck shift.
3.8 Except as amended by this Amendment, all provisions of the Master
Agreement, as previously amended, including without limitation the
indemnity and insurance provisions, shall remain in full force and effect
and shall govern the actions of the Parties under this Amendment.
3.9 This Amendment shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.10 This Amendment may be signed in counterparts, each of which shall
constitute an original.
[Signatures on following page]
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17336.0002A\32107980.1 4
SIGNATURE PAGE
TO
AGREEMENT NO. _________
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on
the date first herein above written.
RIVERSIDE COUNTY CONTRACTOR
TRANSPORTATION COMMISSION [insert]
ACTING IN ITS CAPACITY AS THE
RIVERSIDE COUNTY SERVICE
AUTHORITY FOR FREEWAY
EMERGENCIES
By: ____________________________ By: __________________________
Anne Mayer, Executive Director Signature
__________________________
Name
__________________________
Title
APPROVED AS TO FORM: ATTEST:
By: __________________________ By: __________________________
Best Best & Krieger LLP
Counsel to the Riverside County Its: __________________________
Transportation Commission
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial
officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
RCTC.
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