HomeMy Public PortalAbout05 May 23, 2016 Western Riverside County Programs and ProjectsRIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
MEETING AGENDA
TIME: 1:30 p.m.
DATE: Monday, May 23, 2016
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
COMMITTEE MEMBERS
Ben Benoit, Chair / Timothy Walker, City of Wildomar
Deborah Franklin, Vice Chair / Art Welch, City of Banning
Karen Spiegel / Randy Fox, City of Corona
Adam Rush / Clint Lorimore, City of Eastvale
Frank Johnston / Brian Berkson, City of Jurupa Valley
Scott Mann / John Denver, City of Menifee
Yxstian Gutierrez / Jesse Molina, City of Moreno Valley
Berwin Hanna / Ted Hoffman, City of Norco
Daryl Busch / Rita Rogers, City of Perris
Andrew Kotyuk / Crystal Ruiz, City of San Jacinto
Kevin Jeffries, County of Riverside, District I
Marion Ashley, County of Riverside, District V
STAFF
Anne Mayer, Executive Director
John Standiford, Deputy Executive Director
AREAS OF RESPONSIBILITY
Air Quality, Capital Projects,
Communications and Outreach Programs,
Intermodal Programs,
Motorist Services, New Corridors,
Regional Agencies/Regional Planning,
Regional Transportation Improvement Program (RTIP),
Specific Transit Projects,
State Transportation Improvement Program (STIP),
Transportation Uniform Mitigation Fee (TUMF) Program, and
Provide Policy Direction on Transportation Programs and Projects
related to Western Riverside County and other
areas as may be prescribed by the Commission.
Comments are welcomed by the Committee. If you wish to provide comments to the Committee,
please complete and submit a Speaker Card to the Clerk of the Board.
COMM-WRC-00029
Riverside County Transportation Commission
TO:
FROM:
DATE:
SUBJECT:
Riverside County Transportation Commission
Jennifer Harmon, Clerk of the Board
May 18, 2016
Possible Conflicts of Interest Issues -Western Riverside County Programs and
Projects Committee Agenda of May 23, 2016
The April 25 agenda of the WRC Programs and Projects Committee includes items which may
raise possible conflicts of interest. A RCTC member may not participate in any discussion or
action concerning a contract or amendment if a campaign contribution of more than $250 is
received in the past 12 months or 3 months following the conclusion from any entity or
individual listed.
Agenda Item No. 10 -Agreement with Nossaman LLP for On-Call Strategic Partnership
Advisor Services
Consultant(s): Nossaman LLP
Corey Boock, Partner
777 South Figueroa Street, 34th Floor
Los Angeles, CA 90017
Tara Byerly
From:
Sent:
To:
Cc:
Subject:
Importance:
Tara Byerly
Wednesday, May 18, 2016 3:38 PM
Tara Byerly
Alexandra Rackerby; Jennifer Harmon
RCTC: Western Riverside County Programs and Projects Committee Agenda -05.23.2016
High
Good afternoon WRC Programs and Projects Committee Members:
Attached is the link to the WRC Programs and projects Committee Agenda for the meeting scheduled @ 1:30 p.m. on
Monday, May 23.
http://www.rctc.org/uploads/media items/western-riverside-county-programs-and-projects-committee-may-23-
2016.original.pdf
Conflict of Conflict of
Interest Form.pdf Interest Memo.pdf
Also, attached for your review and information is the conflict of interest memo and form. Please let me know if you
have any questions. Thank you.
Respectfully,
<Tara S. (]Jyer(y
Deputy Clerk of the Board
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
(951) 787-7141
1
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
www.rctc.org
AGENDA*
*Actions may be taken on any item listed on the agenda
1:30 p.m.
Monday, May 23, 2016
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. PLEDGE OF ALLEGIANCE
3. ATTENDANCE / ROLL CALL
4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous
minutes or less. The Committee may, either at the direction of the Chair or by majority vote
of the Committee, waive this three minute time limitation. Depending on the number of
items on the Agenda and the number of speakers, the Chair may, at his/her discretion,
reduce the time of each speaker to two (2) continuous minutes. Also, the Committee may
terminate public comments if such comments become repetitious. In addition, the maximum
time for public comment for any individual item or topic is thirty (30) minutes. Speakers may
not yield their time to others without the consent of the Chair. Any written documents to be
distributed or presented to the Committee shall be submitted to the Clerk of the Board. This
policy applies to Public Comments and comments on Agenda Items.
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
May 23, 2016
Page 2
5. APPROVAL OF MINUTES – APRIL 25, 2016
6. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to
the attention of the Committee subsequent to the posting of the agenda. An action adding
an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the
Committee members present, adding an item to the agenda requires a unanimous vote.
Added items will be placed for discussion at the end of the agenda.)
7. RATIFY EXPENDITURES FOR CONSTRUCTION ZONE ENHANCED ENFORCEMENT PROGRAM
AND OTHER STATE FURNISHED MATERIALS FOR THE STATE ROUTE 91 CORRIDOR
IMPROVEMENT PROJECT
Page 1
Overview
This item is for the Committee to:
1) Ratify the scope of state furnished materials (SFM) defined in the design-build
cooperative Agreement No. 12-31-070-00, as amended, between the Commission
and Caltrans for the State Route 91 Corridor Improvement Project (SR-91 CIP) to
include Construction Zone Enhanced Enforcement Program (COZEEP) and other SFM
in the amount of $4.3 million, plus a contingency amount of $400,000, for a total
amount not to exceed $4.7 million;
2) Authorize the Executive Director or designee to approve the use of the contingency
amount as may be required for the project; and
3) Forward to the Commission for final action.
8. RIVERSIDE 91 EXPRESS LANES ORDINANCE FOR ENFORCEMENT OF TOLL VIOLATIONS
Page 4
Overview
This item is for the Committee to:
1) Approve the introduction of and introduce Ordinance No. 16-001, “An Ordinance of
the Riverside County Transportation Commission Establishing Ordinance No. 16-001
Relating to the Administration of Tolls and the Enforcement of Toll Violations for the
Riverside 91 Express Lanes”;
2) Approve the toll evasion penalties for a violation of Ordinance No. 16-001 in the
amounts identified in Schedule A of Ordinance No. 16-001; and
3) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
May 23, 2016
Page 3
9. SECTION 214 FUNDING AGREEMENT WITH THE ARMY CORPS OF ENGINEERS FOR
INTERSTATE 15 EXPRESS LANES PROJECT
Page 17
Overview
This item is for the Committee to:
1) Approve Agreement No. 16-31-096-00 between Riverside County Transportation
Commission and U.S. Army Corps of Engineers Los Angeles District, for Section 214
funding agreement in the amount of $15,000, plus a contingency amount of $45,000,
for a total amount not to exceed $60,000;
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 the use of the contingency
amount as may be required for the project; and
4) Forward to the Commission for final action.
10. AGREEMENT WITH NOSSAMAN LLP FOR ON-CALL STRATEGIC PARTNERSHIP ADVISOR
SERVICES
Page 28
Overview
This item is for the Committee to:
1) Approve Agreement No. 06-66-028-13, Amendment No. 10 to Agreement No.
06-66-028-00, with Nossaman LLP (Nossaman) for the on-call strategic partnership
advisor services by extending the contract term to December 31, 2020, and
augmenting the agreement in the amount of $5.7 million, plus a contingency amount
of $300,000, for an additional amount of $6 million, and a total amount not to
exceed $14,352,935;
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 the use of the contingency
amount as may be required for the project; and
4) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
May 23, 2016
Page 4
11. RESOLUTION 16-011 REGARDING THE INTERSTATE 15 EXPRESS LANES TOLL POLICY GOALS
AND TOLL POLICIES
Page 40
Overview
This item is for the Committee to:
1) Adopt Resolution No. 16-011, “Resolution of the Riverside County Transportation
Commission Regarding Interstate 15 Express Lanes Toll Policy Goals and Toll Policies”;
and
2) Forward to the Commission for final action.
12. INTERSTATE 15 EXPRESS LANES INVESTMENT GRADE TRAFFIC AND REVENUE STUDY
Page 91
Overview
This item is for the Committee to:
1) Adopt the Interstate 15 Express Lanes Investment Grade Traffic and Revenue Study;
and
2) Forward to the Commission for final action.
13. PROPOSED METROLINK BUDGET FOR FISCAL YEAR 2016/17
Page 93
Overview
This item is for the Committee to:
1) Adopt the Fiscal Year 2016/17 Southern California Regional Rail Authority (SCRRA)
operating and capital budget, which results in a total operating and capital subsidy of
$19,233,000 from the Commission;
2) Support an amendment to the FY 2016/17 SCRRA operating and capital budget in an
amount not to exceed $6 million for the expansion of the Riverside Downtown
Layover Facility and additional track improvements on the corridor;
3) Receive and file a report on the Commission’s portion of the FY 2016/17 SCRRA
operating and capital budget; and
4) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
May 23, 2016
Page 5
14. FUNDING AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL FOR FREEWAY SERVICE
PATROL SUPERVISION
Page 140
Overview
This item is for the Committee to:
1) Approve Agreement No. 16-45-094-00 with the California Highway Patrol (CHP) to
provide supervision and operation of the Freeway Service Patrol (FSP) program in
Riverside County in an amount not to exceed $793,181;
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.
15. AMENDMENT TO FREEWAY SERVICE PATROL AGREEMENT
Page 153
Overview
This item is for the Committee to:
1) Approve Agreement No. 11-45-053-05, Amendment No. 4 to Agreement
No. 11-45-053-00, with Tri-City Towing, Inc. (Tri-City) to provide Freeway Service
Patrol (FSP) services on Beat No. 7 for an additional amount of $60,000, and a total
amount not to exceed $1,110,000;
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.
16. FISCAL YEAR 2016/17 MEASURE A COMMUTER ASSISTANCE BUSPOOL SUBSIDY FUNDING
CONTINUATION REQUESTS
Page 158
Overview
This item is for the Committee to:
1) Authorize payment of $1,645/month maximum subsidy per buspool for the period
July 1, 2016 to June 30, 2017, to the existing Riverside, Riverside II, and Mira Loma
buspools;
2) Require subsidy recipients to meet monthly buspool reporting requirements as
supporting documentation to receive payments; and
2) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
May 23, 2016
Page 6
17. 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.
18. ADJOURNMENT
The next Western Riverside County Programs and Projects Committee meeting is scheduled
to be held at 1:30 p.m., Monday, June 27, 2016, Board Chambers, First Floor, County
Administrative Center, 4080 Lemon Street, Riverside.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
County of Riverside, District I
County of Riverside, District V
City of Banning
City of Corona
City of Eastvale
City of Jurupa Valley
City of Menifee
City of Moreno Valley
City of Norco
City of Perris
City of San Jacinto
City of Wildomar
ROLL CALL
May 23, 2016
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JOIN US FOR
THE 27TH ANN UAL
DEMOGRAPHIC WORKSHOP
The Southern California Association of Governments and the University of
Southern California Sol Price School of Public Policy are pleased to invite you
to the 27th Annual Demographic Workshop at the California Science Center
on Monday, June 13, 2016. This year's program, "The Continued Rise of the
Millennials?" provides new insights and research on this important demographic
group and what that means for the region's future, including housing,
employment and services. The program will include guest speakers and panels
related to this topic and will be attended by over 150 thought leaders, business
representatives and city officials.
MONDAY, JUNE 13, 2016 II 8a.m. -3p.m.
Continental breakfast served at 7:30am.
Register online at www.scag.ca.gov/demographics
Early bird registration (ends May 31): $75/person
Registration (after May 31): $100/person
Student registration : $50/person
Continental breakfast and lunch included
For more information, contact John Cho
(213) 236-1847 or choj@scag .ca .gov
7 hours of CM credit is available for this event
)LPPORTING PARTNE-1'.l;
www.scag .ca .gov/demograph ics
USC
Price J') 1 en< J B.Jre, Ci' form a St tf' (en< Data C€ -.tpr,
Sol Price School
of Public Policy
C l1forn1a DE: part me rt c' F inane e C di forr i Depci t'1wnt
r,' 1-1~ J n., ilnd C ;n unity 0€-v"lopn ent uc.c
opL :.it1or "yr arr' s R search ( oup
SAVE THE DATE
27THANNUAL
DEMOGRAPHIC WORKSHOP
MONDAY, JUNE 13, 2016
8:00a.m . -3:00p.m .
California Science Center
Loker Conference Center
700 Exposition Park Drive
Los Angeles, CA 90037
www.scag.ca.gov/demographics
Pres ent ed b\,I
USC
Price
Sol Price School
of Public Policy
AGENDA ITEM 5
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, April 25, 2016
MINUTES
1. CALL TO ORDER
The meeting of the Western Riverside County Programs and Projects Committee was
called to order by Chair Pro Tem Adam Rush at 1:32 p.m., in the Board Room at the
County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside,
California, 92501.
2. PLEDGE OF ALLEGIANCE
At this time, Commissioner Kevin Jeffries led the Western Riverside County Programs
and Projects Committee in a flag salute.
3. ROLL CALL
Members/Alternates Present Members Absent
Marion Ashley Ben Benoit
Daryl Busch Deborah Franklin
Berwin Hanna Yxstian Gutierrez
Kevin Jeffries Andrew Kotyuk
Frank Johnston
Scott Mann
Adam Rush
Karen Spiegel
4. PUBLIC COMMENTS
Arnold San Miguel, Southern California Association of Governments (SCAG), announced
SCAG is hosting an active transportation leadership symposium for elected officials on
May 4, 11:30 a.m. - 3 p.m. at the La Quinta Resort.
RCTC WRC Programs and Projects Committee Minutes
April 25, 2016
Page 2
5. APPROVAL OF MINUTES – OCTOBER 26, 2015
M/S/C (Hanna/Johnston) to approve the minutes as submitted.
6. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
7. EXPRESS LANES PRIVACY POLICY
Jennifer Crosson, Toll Operations Manager, presented the scope of the express lanes
privacy policy.
M/S/C (Ashley/Mann) to:
1) Adopt Resolution 16-008, “Resolution of the Riverside County
Transportation Commission Regarding the Express Lanes Privacy
Policy”; and
2) Forward to the Commission for final action.
8. ADOPTION OF RESOLUTION CERTIFYING THE LA SIERRA STATION PARKING LOT
EXPANSION PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND
APPROVAL OF THE LA SIERRA STATION PARKING LOT EXPANSION PROJECT
Patti Castillo, Capital Projects Manager, presented the details of the adoption of
resolution certifying the La Sierra Station parking lot expansion project initial
study/mitigated negative declaration and approval of the La Sierra Station parking lot
expansion project.
M/S/C (Johnston/Spiegel) to:
1) Adopt Resolution No 16-009, “Resolution of the Riverside County
Transportation Commission Adopting a Mitigated Negative Declaration
and Approving a Mitigation Monitoring and Reporting Program for the
La Sierra Station Parking Lot Expansion Project and Approving the
Project”;
2) Approve the La Sierra Station Parking lot expansion project in
accordance with the California Environmental Quality Act (CEQA); and
3) Forward to the Commission for final action.
RCTC WRC Programs and Projects Committee Minutes
April 25, 2016
Page 3
9. AGREEMENTS FOR ON-CALL PAINTING SERVICES FOR THE COMMUTER RAIL STATIONS
AND RIVERSIDE DOWNTOWN OPERATIONS CONTROL CENTER
Hector Casillas, Senior Management Analyst, presented the scope of the agreements for
on-call painting services for the commuter rail stations and Riverside Downtown
Operations Control Center.
M/S/C (Mann/Busch) to:
1) Award the following agreements to provide on-call painting services for
a three-year term, and two two-year options to extend the agreement,
in an amount of $1.2 million, plus a contingency amount of $150,000,
for a total amount not to exceed an aggregate value of $1,350,000;
a. Agreement No. 16-24-013-00 with Interlog Corporation dba
Interlog Construction; and
b. Agreement No. 16-24-076-00 with U.S. National Corp. dba
Jimenez Painting Company;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements, including option years, on behalf of
the Commission;
3) Authorize the Executive Director or designee to execute task orders
awarded to contractors under the terms of the agreements;
4) Authorize the Executive Director or designee to approve contingency
work as may be required for the project; and
5) Forward to the Commission for final action.
10. AGREEMENT FOR ELEVATOR MAINTENANCE, INSPECTION, AND REPAIR SERVICES
Hector Casillas presented the scope of the agreement for elevator maintenance,
inspection, and repair services.
At Commissioner Karen Spiegel’s request, Hector Casillas clarified it is the consultants
responsibility to ensure the elevator permits are valid.
Anne Mayer, Executive Director, added staff will follow up with regard to Commissioner
Spiegel’s concern regarding expired permits.
M/S/C (Spiegel/Ashley) to:
1) Award Agreement No. 16-24-060-00 to Pacific Coast Elevator dba
Amtech Elevator Services (Amtech) for the provision of elevator
maintenance, inspection, and repair services for a three-year term, and
two two-year options to extend the agreement, in an amount of
$550,000, plus a contingency amount of $55,000, for a total amount not
RCTC WRC Programs and Projects Committee Minutes
April 25, 2016
Page 4
to exceed $605,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement, including option years, on behalf of
the Commission;
3) Authorize the Executive Director or designee to execute task orders
awarded to the contractor under the terms of the agreement;
4) Authorize the Executive Director or designee to approve contingency
work up to the total not to exceed amount as required for these
services; and
5) Forward to the Commission for final action.
11. FISCAL YEAR 2016/17 SAN BERNARDINO ASSOCIATED GOVERNMENTS AGREEMENT
FOR INLAND EMPIRE RIDESHARE AND 511 SERVICES
Brian Cunanan, Commuter and Motorist Assistance Manager, presented the details of
the Fiscal Year 2016/17 San Bernardino Associated Governments agreement for Inland
Empire Rideshare and 511 Services.
Commissioner Adam Rush commented there are inconsistencies between IE511 and
social media content.
Anne Mayer responded the issue is being resolved and the IE511 updates will come
from the Caltrans quick map.
M/S/C (Johnston/Mann) to:
1) Approve Agreement No. 16-41-088-00 with San Bernardino Associated
Governments (SANBAG) as part of the Commission’s continuing bi-
county partnership with SANBAG to deliver commuter/employer
rideshare services and operation of the Inland Empire 511 (IE511)
system for fiscal year 2016/17 in an amount not to exceed $1.5 million;
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.
RCTC WRC Programs and Projects Committee Minutes
April 25, 2016
Page 5
12. COMMISSIONERS / STAFF REPORT
12A. Commissioner Karen Spiegel thanked Anne Mayer and staff for attending the
recent Corona City Council meeting.
12B. Anne Mayer announced the I-15 Express Lanes DBE/SBE Summit will be held on
Thursday, April 28, at 9:00 a.m. in Corona at the Circle City Center.
13. ADJOURNMENT
There being no further business for consideration by the Western Riverside County
Programs and Projects Committee, the meeting was adjourned at 1:56 p.m.
Respectfully submitted,
Jennifer Harmon
Clerk of the Board
AGENDA ITEM 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 23, 2016
TO: Western Riverside County Programs and Projects Committee
FROM: David Thomas, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT:
Ratify Expenditures for Construction Zone Enhanced Enforcement Program
and Other State Furnished Materials for the State Route 91 Corridor
Improvement Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Ratify the scope of state furnished materials (SFM) defined in the design-build
cooperative Agreement No. 12-31-070-00, as amended, between the Commission and
Caltrans for the State Route 91 Corridor Improvement Project (SR-91 CIP) to include
Construction Zone Enhanced Enforcement Program (COZEEP) and other SFM in the
amount of $4.3 million, plus a contingency amount of $400,000, for a total amount not
to exceed $4.7 million;
2) Authorize the Executive Director or designee to approve the use of the contingency
amount as may be required for the project; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
At its July 14, 2010 meeting, the Commission adopted Resolution No. 10-026 as part of the
authorization for issuance of toll revenue bonds to finance the SR-91 CIP costs related to the
design-build phase. The agenda item also included approval of the form of the agreement and
authorized the Executive Director to approve and execute the agreement as well as any
amendments to the agreement. The agreement was executed on July 25, 2012.
The agreement included terms for the Commission to pay Caltrans for SFM, which at the time
contemplated primarily signal control items estimated at a cost of $79,902. Amendment No. 3
to the agreement, approved and executed by the Executive Director in February 2014,
amended the original agreement to broaden the definition of SFM to include COZEEP. An
estimate of the costs for COZEEP services was not required in the amendment. Through this
amendment, Caltrans agreed to allow the Commission to utilize its statewide COZEEP contract,
which eliminated the need for a separate agreement between the Commission and California
Highway Patrol for COZEEP services.
Agenda Item 7
1
The current estimate of total SFM is $4.7 million, which includes $223,000 for various signal
control items, $4,077,000 for COZEEP services, and a contingency of $400,000. The original
estimate for signal control items was based on the scope and unit prices known in 2012 at the
time the agreement was executed and has been updated to reflect the design-builder’s final
design and current unit prices. It should also be noted the design-builder for the SR-91 CIP is
responsible for reimbursing the Commission for all COZEEP costs; therefore, all COZEEP costs
are passed through to the design-builder. The SFM costs are included in the SR-91 CIP budget
of $1,407,000,000. Staff recommends Commission ratification of the expanded scope of SFM
and the related total cost of $4.7 million, which includes a $400,000 contingency.
Financial Information
In Fiscal Year Budget: Yes
Yes Year: FY 2015/16
FY 2016/17 Amount: $3,151,000
$1,549,000
Source of Funds: Sales Tax and Toll Bond Proceeds Budget Adjustment: No
No
GL/Project
Accounting No.:
003028 81602 00072 0000 262 31 81601 (Signal Controllers) $243,000
003028 81304 00104 0000 262 31 81301 (COZEEP) $4,457,000
003028 81304 00104 0000 262 31 81301 (COZEEP reimbursements) ($4,457,000)
Fiscal Procedures
Approved: Date: 05/12/2016
Attachment: SFM Cost Estimate Breakdown
Agenda Item 7
2
FY16 FY17 TOTAL
COZEEP $2,966,000 $1,111,000 $4,077,000
Signal Control Items:
Model 332L Cabinets $19,300 $19,300
Model 334L Cabinets $26,200 $26,200
Model 2070 ATCs $16,100 $16,100
Model 2070 Communication Cards $1,000 $1,000
Model 170 Controllers $24,300 $24,300
Model 200 Switch Packs $2,400 $2,400
Model 210 Monitors $2,300 $2,300
Model 222 Vehicle Detectors $18,000 $18,000
Model 242 Isolators $1,400 $1,400
Model 420 Output Files $6,000 $6,000
External BBS Cabinets $6,200 $6,200
Battery Backup Systems $8,300 $8,300
Modem Harnesses $400 $400
Model 334LX Cabinets $53,100 $53,100
Model 342LX Cabinets $18,000 $18,000
Model 2070 Modems for FO $15,600 $15,600
Model 2070 Modems for GPS $2,800 $2,800
Model 204 Flasher Units $300 $300
Padlocks $1,300 $1,300
Contingency $400,000 $400,000
$3,151,000 $1,549,000 $4,700,000
Attachment A - SFM Cost Estimate Breakdown
3
BLANK
AGENDA ITEM 8
BLANK
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 23, 2016
TO: Western Riverside County Programs and Projects Committee
FROM: Jennifer Crosson, Toll Operations Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: Riverside 91 Express Lanes Ordinance for Enforcement of Toll Violations
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve the introduction of and introduce Ordinance No. 16-001, “An Ordinance of the
Riverside County Transportation Commission Establishing Ordinance No. 16-001 Relating
to the Administration of Tolls and the Enforcement of Toll Violations for the Riverside 91
Express Lanes”;
2) Approve the toll evasion penalties for a violation of Ordinance No. 16-001 in the
amounts identified in Schedule A of Ordinance No. 16-001; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Commission will operate the Riverside 91 Express Lanes (a toll highway) and will require
users to have a transponder associated with a valid FasTrak™ account in order to pay a toll.
California Vehicle Code (CVC) 23302, et seq., establishes that it is unlawful for a person to
evade payment of a toll, including failure to have a transponder, on a toll highway and provides
that such acts are subject to civil penalties. CVC 40250, et seq., provides for the enforcement of
civil penalties for violations of CVC 23302.5 and any ordinance enacted by local authorities
pursuant to civil administrative procedures set for in Article 4 of Chapter 1 of Division 17 of the
Code.
In order to process toll violations and enforce penalties, the Commission must adopt an
ordinance establishing the administrative procedures and penalties to ensure compliance with
statute and fairness of the treatment of violators. The enforcement of toll evasion violations is
critical to the protection of revenue collection on the Riverside 91 Express Lanes.
The proposed ordinance establishes administrative procedures for the issuance of toll evasion
violation notices, the processing of contested violations, the escalation of delinquent violations
to allowable collection methods, and the termination of the process in accordance with the
statutes.
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Agenda Item 8
The ordinance also establishes the initial penalty schedule for the Riverside 91 Express Lanes, as
set forth in Schedule A of the proposed ordinance. The proposed penalty structure is within the
limits of CVC 40258 and is equal to those imposed by the Orange County Transportation
Authority (OCTA) on the existing Orange County 91 Express Lanes. The three-party agreement
with OCTA; Cofiroute USA, LLC as the operator; and the Commission contemplates the
Commission will adopt the same violation processes and toll evasion penalty schedule as OCTA.
The goal of the toll evasion penalty structure is two-fold: discourage persons from failing to pay
a toll at the time of travel and to recover tolls lost to violations and the cost to recover such
tolls.
The Riverside 91 Express Lanes financial plan contemplates a toll evasion program, as outlined
in the ordinance, will be in place utilized to collect tolls and penalties from customers who fail
to pay their toll at the time of travel.
The proposed ordinance provides for the Commission’s Executive Director to amend the
penalty amount from time to time provided that any amended penalty amounts do not exceed
the amounts set forth in the CVC. Any amendments to the penalties shall be posted on the 91
Express Lanes and Commission websites 90 days in advance of the enactment.
Adoption of Ordinance No. 16-001 for enforcement of toll violations for the Riverside 91
Express Lanes will allow the Commission to process toll evasion violations for motorists who
use the Riverside 91 Express Lanes but fail to pay the toll at the time of travel. The
establishment of a toll enforcement program is critical to the protection of toll revenue and
ensures compliance with statute and fairness of the treatment of violators.
Failure to adopt the ordinance for enforcement of toll violations for the 91 Express Lanes could
have a negative fiscal impact, as the Commission would not be able to recover its costs in
enforcing toll violations.
Attachment: Ordinance No. 16-001 for Enforcement of Toll Violations for the Riverside 91
Express Lanes
5
ORDINANCE NO. 16-001
AN ORDINANCE OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ESTABLISHING ORDINANCE NO. 16-001 RELATING TO
THE ADMINISTRATION OF TOLLS AND
THE ENFORCEMENT OF TOLL VIOLATIONS FOR THE
RIVERSIDE 91 EXPRESS LANES
WHEREAS, Section 130244 (c) of the Public Utilities Code authorizes the Riverside County
Transportation Commission to collect tolls on the Riverside County portion of State Highway Route 91;
and
WHEREAS, Section 23302.5 of the California Vehicle Code (“Code”) provides that it is unlawful for a
person to evade or attempt to evade the payment of tolls or other charges on any vehicular crossing or
toll highway, and provides that such acts are subject to civil penalties; and
WHEREAS, Section 40250, et seq., of Chapter 1 of Division 17 of the Code provides for enforcement of
civil penalties for violation of Code Section 23302.5 and any ordinance enacted by local authorities
pursuant to civil administrative procedures set forth in Article 4 of Chapter 1 of Division 17 of the Code;
and
WHEREAS, the Riverside County portion of the State Highway Route 91 toll facility (“91 Express Lanes”),
which is owned, maintained and operated by the Riverside County Transportation Commission
(“Commission”) constitutes a “toll highway” for the purposes of section 23302.5 of the Code; and
WHEREAS, the Commission deems it necessary to establish penalties for passing through the
Commission portion of the 91 Express Lanes toll facility without payment of the proper toll, pursuant to
section 23302.5 and 40250, et. seq., of the Code and to establish the procedures for issuing of violation
notices and enforcement of penalties, consistent with sections 40250, et seq., of the Code.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE COMMISSION DOES HEREBY ORDAIN THAT
ORDINANCE NO. 16-001 RELATING TO THE ADMINISTRATION OF TOLLS AND THE ENFORCEMENT OF
TOLL POLICIES FOR THE COMMISSION IS AS FOLLOWS:
Section 1. Definitions
The following terms shall have the meanings as set forth below:
a) “Code” shall mean the California Vehicle Code.
b) “Commission” shall mean the Riverside County Transportation Commission.
c) “91 Express Lanes” shall mean the toll facility on State Route 91 east of the Orange/Riverside
County line and extending east to McKinley Street in the City of Corona and south onto
Interstate 15.
d) “Department” shall mean the California Department of Motor Vehicles or other state’s
department of motor vehicles.
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e) “Due Date” shall mean the date specified in the Notice of Toll Evasion Violation or the Notice of
Delinquent Toll Evasion Violation, as applicable, by which payment of the Penalty or affidavit of
non-liability or written explanation of the contest must be received by the Processing Agency,
which date shall provide no less than the minimum time required by the relevant Code section
for such receipt.
f) “Motorists” shall mean and include the Registered Owner, rentee, lessee and driver of a Vehicle.
g) “Notice of Delinquent Toll Evasion Violation” shall mean the written notice provided to the
Registered Owner of a Vehicle when the payment of the Penalty or completion of an affidavit of
non-liability or written explanation of contest has not been returned by the due date.
h) “Notice of Toll Evasion Violation” shall mean the written notice provided to the Registered
Owner of a Vehicle which has committed a Violation.
i) “Processing Agency” shall mean the entity under contract with the Commission, which may be a
private vendor or another public agency, as provided in Code Section 40252, for the processing
of the Notice of Toll Evasion and Notice of Delinquent Toll Evasions.
j) “Registered Owner” shall mean a person registered by the Department as the owner of a
Vehicle or a person registered as the owner of the Vehicle by the appropriate agency or
authority of another state, the District of Columbia, or a territory or possession of the United
States.
k) “Repeat Violator” shall mean any Registered Owner for whom more than five violations have
been issued within the preceding 12-month period.
l) “Toll” shall mean the monetary charges established by the Commission for use of the 91 Express
Lanes.
m) “Toll Enforcement Officer” shall mean any member of the California Highway Patrol or any
employee or contractor of Commission whose duties include the enforcement of the payment
of tolls.
n) “Toll Evasion Penalty” or “Penalty” shall mean, but is not limited to, any late payment penalty,
administrative fee, fine, assessment, and costs of collection as provided by law.
o) “Transponder” shall mean a FasTrak electronic device issued by any toll operator that meets the
specifications of California Code of Regulations Title 21 and is used to pay Toll(s) electronically.
p) “Vehicle” shall mean any vehicle as defined in California Vehicle Code Section 670.
q) “Violation” shall mean the commission of any activity proscribed in Section 2(a) hereof.
7
Section 2. Payment of Proper Toll
a) All Vehicles travelling on the 91 Express Lanes shall have a Transponder located in or on the
Vehicle in a location so as to be visible for the purpose of enforcement at all times when the
Vehicle is located on the 91 Express Lanes, unless otherwise permitted by the operating policies
of the Commission, as proscribed by Code Section 23302 (a)(2).
b) The Transponder shall be associated with an account with a balance sufficient to pay the Toll
amount as proscribed by Code Section 23302 (a)(1).
c) Vehicles qualifying for a 3+ carpool discount shall pass through the designated 3+ carpool lane
to receive any available carpool discount.
d) Vehicles using the designated carpool lane without the qualifying number of vehicle occupants
will be subject to citation by the California Highway Patrol and the payment of the full price Toll
charge.
Section 3. Liability for Failure to Pay Toll
a) No person shall cause a Vehicle to pass through or attempt to pass through the 91 Express Lanes
without payment of the proper Toll for the Vehicle.
b) Except as provided herein, the Registered Owner(s), driver, rentee or lessee of a Vehicle which is
the subject of any Violation shall be jointly and severally liable for the Penalties imposed under
this ordinance, unless the Registered Owner can show that the Vehicle was used without the
express or implied consent of the Registered Owner. Anyone who pays any Penalty pursuant to
this Ordinance shall have the right to recover the same from the driver, rentee or lessee.
c) The driver, rentee or lessee of a Vehicle who is not the owner of the Vehicle may contest the
Notice of Toll Evasion Violation in accordance with this Ordinance.
d) Any Motorists assessed a Penalty for a Violation shall be deemed to be charged with a non-
criminal, civil violation, pursuant to Section 23302.5 subdivision (a) of the Code.
Section 4. Penalties and Processing of Violation(s)
a) The Penalties for a Violation of this Ordinance shall be the amounts set forth in the Schedule of
Penalties, attached hereto as Schedule A and incorporated by reference herein. The Schedule of
Penalties, as proscribed under Schedule A, may be amended from time to time by the
Commission’s Executive Director provided they do not exceed the amounts set forth in Code
Section 40258(a). Any amendments to the Penalties shall be posted on the 91 Express Lanes
and Commission website 90 days in advance of enactment.
b) If a Vehicle is found by automated devices, by visual observation, or otherwise, to have evaded
Tolls on the 91 Express Lanes, the Commission or the Processing Agency shall, within 21 days of
the Violation, deliver by first-class mail a Notice of Toll Evasion Violation to the Registered
Owner at the address as shown on the record of the Department. If accurate information
concerning the identity and address of the Registered Owner is not available to the Processing
Agency within 21 days of the Violation, the Processing Agency shall have an additional 45
calendar days to obtain such information and forward the Notice of Toll Evasion. Where the
8
Registered Owner is a Repeat Violator, the Processing Agency shall forward the Notice of Toll
Evasion Violation within 90 calendar days of the Violation.
c) The Processing Agency shall use its best efforts to obtain accurate information concerning the
identity and address of the Registered Owner for the purpose of forwarding a Notice of Toll
Evasion Violation.
d) Toll evasion Penalties shall be collected as civil penalties.
Section 5. Notice of Toll Evasion Violation
a) The Notice of Toll Evasion Violation shall contain (1) the date, approximate time and location of
the alleged violation, (2) the section of the Code allegedly violated, (3) the Vehicle license plate
number, and if practicable, the make and registration expiration date of the Vehicle (4) the
Penalty due for the Violation, (5) the procedure to follow for payment of the amount due,
including the address of the person authorized to receive payments (6) a statement in bold that
payments may be sent through the mail (7) the Due Date for payment, contesting the Notice or
submission of the affidavit of non-liability and (8) a clear and concise explanation of the
procedures for contesting the violation and appealing an adverse decision pursuant to Code
section 40255 and 40256.
b) The Notice of Toll Evasion Violation shall contain, or be accompanied with, an affidavit of non-
liability and information of what constitutes non-liability, information as to the effect of
executing the affidavit, and instructions for returning the affidavit to the issuing agency, as
further specified below.
Section 6. Basis for Non-Liability; Return of Affidavit of Non-Liability
a) If the affidavit of non-liability is returned to the Processing Agency by the Due Date set forth in
the Notice of Toll Evasion Violation together with proof that the driver at the time of the
Violation did not possess express or implied consent to drive the Vehicle evidenced by a stolen
vehicle police report, and if the Processing Agency is satisfied that the Registered Owner is not
responsible for the Violation, the Processing Agency shall terminate proceedings against the
originally served Registered Owner and proceed against the unauthorized driver at the time of
the Violation.
b) If the affidavit of non-liability is returned to the Processing Agency by the Due Date set forth in
the Notice of Toll Evasion Violation with proof that the Registered Owner given the Notice of
Toll Evasion Violation has made a bona fide sale or transfer of the Vehicle and has delivered
possession thereof to the purchaser prior to the date of the alleged Violation and either (1) has
complied with section 5602 of the Code, or (2) the Processing Agency is satisfied with evidence
establishing that the transfer of ownership and possession of the Vehicle occurred prior to the
date of the alleged Violation, and has obtained verification from the Department of either of the
foregoing, then the Processing Agency shall terminate proceedings against the originally served
Registered Owner and proceed against the new owner of the Vehicle.
9
c) If the affidavit of non-liability is returned to the Processing Agency by the Due Date on the
Notice of Toll Evasion Violation together with proof of an executed written rental agreement or
lease between a bona fide renting or leasing company and its customer that identifies the
rentee or lessee and provides the driver’s license number, name and address of the rentee or
lessee, the Processing Agency shall serve or mail to the rentee or lessee identified in the
affidavit of non-liability a Notice of Toll Evasion Violation.
Section 7. Dismissal of Notice of Toll Evasion Violation
a) If, after a copy of a Notice of Toll Evasion Violation has been sent to the Motorist, the Processing
Agency determines that due to failure of proof of apparent Violation the Notice of Toll Evasion
Violation should be dismissed, the Processing Agency shall cancel the Notice of Toll Evasion
Violation, and the Motorist shall be notified by first-class mail.
b) Under no circumstances shall a personal relationship with any law enforcement officer, public
official, law enforcement agency, processing agency or toll operations agency or entity be
ground for dismissal of the Violation.
c) If non-liability has been established pursuant to an affidavit of non-liability as detailed in Section
6 of this Ordinance, proceedings against the party found not liable shall terminate, unless
otherwise specified in Section 6 above.
d) If the description of the Vehicle in the Notice of Toll Evasion Violation does not match the
corresponding information on the registration card for that Vehicle, the Processing Agency may,
on written request of the Motorists, cancel the Notice of Toll Evasion Violation without the
necessity of appearance by that person.
e) If the full amount of the Penalty is received by the person authorized to receive it by the Due
Date, and there is no contest as to that Violation, proceedings under this Ordinance shall
terminate.
Section 8. Notice of Delinquent Toll Evasion Violation; Failure to Pay Penalties
a) If payment of the Penalty is not received by the Processing Agency by the Due Date on the
Notice of Toll Evasion Violation, and proceedings hereunder have not otherwise been
terminated, the Processing Agency shall deliver by first-class mail to the Registered Owner a
Notice of Delinquent Toll Evasion Violation.
b) The Processing Agency shall provide to the Registered Owner, upon request, a photo-static copy
of the original Notice of Toll Evasion Violation Notice or an electronically produced facsimile of
the original Notice of the Toll Evasion Violation within 15 days of a request. The Commission
may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two
dollars ($2). Until the Processing Agency complies with the request for a copy of the original
Notice of Toll Evasion Violation, the Processing Agency may not proceed to collection of the
Penalty due.
c) The Notice of Delinquent Toll Evasion Violation shall contain information required to be
contained in the original Notice of Toll Evasion Violation and additionally, shall contain a notice
to the Registered Owner that, unless the Registered Owner pays the Penalty, contests the
10
Violation pursuant to the procedure set forth in the Notice of Delinquent Toll Evasion Violation,
or completes and returns to the Processing Agency an affidavit of non-liability, as provided with
the Notice of Delinquent Toll Evasion Violation, within the Due Date set forth in the Notice of
Delinquent Toll Evasion Violation: (1) the Penalty shall be considered a debt due and owing to
the Commission, (2) the renewal of the Vehicle registration shall be contingent upon compliance
with the Notice of Delinquent Toll Evasion Violation at the Commission’s election and (3) the
Commission may seek recovery of the debt in any lawful manner, as provided for in section 13
below.
d) The Notice of Delinquent Toll Evasion Violation shall contain, or be accompanied with, an
affidavit of non-liability and information of what constitutes non-liability, information as to the
effect of executing the affidavit, and instructions for returning the affidavit to the Processing
Agency. Non-liability may be established pursuant to an affidavit of non-liability returned to the
Processing Agency by the Due Date set forth in the Notice of Delinquent Toll Evasion Violation,
on any basis set forth in Section 6 of this Ordinance.
e) If a rentee or lessee identified by a bona fide renting or leasing company in the affidavit of non-
liability, in accordance with the requirements in Section 6(c) above, is forwarded the Notice of
Delinquent Toll Evasion Violation, and the rentee or lessee does not pay the Penalty, contest the
Violation pursuant to the procedure set forth in the Notice of Delinquent Toll Evasion Violation,
or complete and return to the Processing Agency an affidavit of non-liability, as provided with
the Notice of Delinquent Toll Evasion Violation, within the Due Date set forth in the Notice of
Delinquent Toll Evasion Violation, the Penalty shall be considered a debt due and owing the
Commission and the Commission may seek recovery in any lawful manner, as provided for in
section 13 below.
Section 9. Payment After Notice of Delinquent Toll Evasion Violation
a) Unless paragraph (b) below applies, if a Motorist who was mailed a Notice of Delinquent Toll
Evasion Violation pursuant to section 8, or any other person who presents the Notice of Toll
Evasion Violation or Notice of Delinquent Toll Evasion Violation, deposits the Penalty due with a
person authorized to receive it, then the Processing Agency shall terminate all proceedings
where the amount deposited satisfies the amount due. If the Registered Owner, by appearance
or by mail, makes payment to the Processing Agency by the Due Date set forth in the Notice of
Delinquent Toll Evasion Violation, the Penalty shall consist of the amount of the Penalty set
forth in the notice, without any additional administrative fees or charges.
b) If the Notice of Delinquent Toll Evasion Violation has been filed with the Department pursuant
to subdivision (a) of Code section 40267 or a civil judgment has been entered pursuant to Code
section 40267(b) and payment of the Penalty together with the administrative fee of the
Department and the administrative service fee of the Processing Agency for costs of service and
any applicable assessment is received, the Processing Agency shall immediately transmit the
payment information to the Department in the manner prescribed by the Department, and
terminate proceeding on the Notice of Delinquent Toll Evasion Violation.
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Section 10. Contest of Notice of Toll Evasion Violation or Notice of Delinquent Toll Evasion Violation
a) A person may contest a Notice of Toll Evasion Violation or Notice of Delinquent Toll Evasion
Violation by the Due Date set forth in the applicable notice.
b) The Processing Agency shall establish and implement a fair and impartial investigation process
to investigate the circumstance of the notice with respect to the contestant’s written
explanation of reasons for contesting a Violation. The Processing Agency shall investigate with
its own records and staff the circumstances of the notice with respect to the contestant’s
written explanation of reasons for contesting the Violation. If based upon the results of that
investigation, the Processing Agency is satisfied that the Violation did not occur or that the
Registered Owner was not responsible for the Violation, the Processing Agency shall cancel the
Notice of Toll Evasion Violation or Notice of Delinquent Toll Evasion Violation and make an
adequate record of the reasons for cancelling the notice. The Processing Agency shall mail the
results of the investigation to the person who contested the Notice of Toll Evasion Violation or
the Notice of Delinquent Toll Evasion Violation.
c) A person who contests a Notice of Toll Evasion Violation or Notice of Delinquent Toll Evasion
Violation and is not satisfied with the results of the investigation may, within 15 days of the
mailing of the results of the investigation, deposit the amount determined pursuant to
paragraph (d) below, and request an administrative review. An administrative review shall be
held within 90 calendar days following the receipt of the request for an administrative review
accompanied by the required deposit amount. The person requesting the administrative review
may request one continuance, not to exceed 21 calendar days. The person requesting the
administrative review shall indicate to the Processing Agency his or her election for a review by
mail or personal conference.
d) The deposit for requesting an administrative review shall be as follows:
1) Except as provided herein, an individual seeking an administrative review shall deposit
the full amount of the Penalty due at the time of the request.
2) For Violations arising out of the same set of operative facts and belonging to the same
Registered Owner, the maximum amount of the Penalty to be deposited shall be a) two
hundred fifty dollars ($250) or b) two hundred fifty dollars ($250) plus ten (10) percent
of Penalty above one thousand dollars ($1,000), whichever is greater.
3) Individuals unable to pay the required deposit may apply for a hardship exception.
e) If the person requesting an administrative review is a minor, that person shall be permitted to
appear at an administrative review or admit responsibility for a Violation without the necessity
of the appointment of a guardian. The Processing Agency may proceed against that person in
the same manner as if that person were an adult.
f) As evidence of the Violation, the Processing Agency shall produce the Notice of Toll Evasion
Violation or a copy thereof, information received from the Department identifying the
Registered Owner of the Vehicle, and a statement under penalty of perjury from the person
authorized to issue a notice of Violation that the Tolls or other charges and any applicable fee
were not paid in accordance with the Commission’s policies. This documentation in proper form
shall be prima facie evidence of the Violation.
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Section 11. Hearing Officers; Administrative Reviews
a) The Commission’s Executive Director shall designate a hearing officer or reviewer to conduct
administrative reviews. The hearing officer shall demonstrate the qualifications, training and
objectivity necessary to perform fair and impartial reviews. The hearing officer’s employment,
performance evaluation, compensation and benefits shall not be directly or indirectly linked to
the outcome of reviews or the revenue generated by such reviews.
b) Reviews shall be conducted in accordance with the written procedures established by the
Processing Agency, which shall ensure fair and impartial review of contested Toll evasion
Violations. The hearing officer’s final decision may be delivered personally or by first-class mail.
c) If a notice of appeal to the California Superior Court is not filed within the period set forth in
section 12, the decision of the hearing officer shall be deemed final.
Section 12. Appeal to Superior Court
A person who requests an administrative review and is not satisfied with the results of the review, may
within 20 days after the mailing of the administrative review final decision, seek review by filing an
appeal to the California Superior Court. The matter shall be heard de novo, except that the contents of
the Processing Agency’s file in the case on appeal shall be received in evidence. For the purpose of
computing the 20-day period, Section 1013 of the Code of Civil Procedure shall be applicable. The
Processing Agency shall admit into evidence as prima facie evidence of the facts stated therein, a copy
of the Notice of Toll Evasion Violation and/or Delinquent Toll Evasion Violation. A copy of the notice of
appeal shall be served in person or by first-class mail upon the Processing Agency by the contestant.
The fee for filing the notice of appeal shall be the amount specified in Section 40256 of the Code. If the
appellant prevails this fee, together with any deposit of the Penalty made by the contestant, shall be
promptly refunded by the Processing Agency in accordance with the judgment of the court.
Section 13. Collection of Unpaid Penalties
If payment is not received within the time periods set forth herein, and no contest has been timely filed,
or has been resolved in favor of Commission, Commission and the Processing Agency are authorized to
proceed under one or more of the following options for the collection of unpaid Penalties:
a) Transmit an itemization of unpaid Penalties to the Department for collection with the
registration of the Vehicle. Commission shall pay the fees assessed by the Department
associated with the recording of the Notice of Delinquent Toll Evasion Violation and may charge
the amount of the fee to the Motorist.
b) If more than four hundred dollars ($400) in unpaid Penalties have been accrued by any person
or Registered Owner, Commission may file proof of that fact with the Superior Court with the
same effect as a civil judgment. Execution may be levied and other measures may be taken for
the collection of the judgment as are authorized for the collection of any unpaid civil judgment
entered against a defendant in an action on a debt. The court may assess costs against a
judgment debtor to be paid upon satisfaction of the judgment. The Processing Agency shall mail
a notice by first-class mail to the person or Registered Owner indicating that a judgment shall be
13
entered for the unpaid Penalties, fees and costs and that after 30 days from the date of the
mailing of the notice, the judgment shall have the same effect as an entry of judgment against a
judgment debtor. The person or Registered Owner shall also be notified at that time that
execution may be levied against his or her assets, liens may be placed against his or her
property, his or her wages may be garnished, and other steps may be taken to satisfy the
judgment amount. The notice shall include all information required by Code section 40267. The
filing fee and any costs of the collection shall be added to the judgment amount.
c) If the Processing Agency has determined that registration of the Vehicle has not been renewed
for 60 days beyond the renewal date, and the Penalty has not been collected by the Department
pursuant to section 4770 of the Code, file proof of unpaid Penalties with the court with the
same effect as a civil judgment as provided above, except that if the amount of the unpaid
Penalty is not more than four hundred dollars ($400), the filling fee shall be collectible by the
court from the debtor.
d) Contract with a collection agency to collect the Penalty amounts.
e) Submit a request to the California State Controller for an offset of unpaid Penalty amounts
owing by a Motorist against any amount owing the person or entity by a claim for a refund from
the Franchise Tax Board under Personal Income Tax Law or the Bank and Corporation Law or
from winnings in the California State Lottery, as authorized by California Government Code
section 12419.10. Commission shall provide a notice of intent to request an offset by first-class
mail to the Motorist 30 days prior to the request date, or within such time as required by law.
f) Pursue such other remedies and enforcement procedures that are authorized under laws of the
State of California.
Section 14. Termination of Proceedings
The Commission and/or the Processing Agency shall terminate proceedings on the Notice of Delinquent
Toll Evasion Violation:
a) Upon receipt of collected Penalties and administrative fees remitted by the Department
under Section 4772 for that Notice of Delinquent Toll Evasion Violation.
b) If the Notice of Delinquent Toll Evasion Violation was returned to the Processing Agency
pursuant to section 4774 and five years have elapsed since the date of the Violation.
c) The Processing Agency received information, which it verified, that the Penalty has been
paid to the Department pursuant to Section 4772.
d) If the Registered Owner of the Vehicle provides proof to the Processing Agency that he
or she was not the registered owner on the date of the toll evasion violation.
Section 15. Confidentiality
Any information obtained through the use of automated devices during the enforcement of Violations
hereunder shall not be used for any purpose other than to identify and obtain the mailing address
14
information of the Toll evasion violator in order to facilitate the serving of Notices of Toll Evasion
Violations and Notices of Delinquent Toll Evasion Violations.
Section 16. Other Notices
Nothing herein shall prohibit the Commission or the Processing Agency from establishing informal
methods of notifying Motorists of Violations and from collecting Tolls and Penalties for Violations
through such means.
Section 17. Implementation
The Executive Director of the Commission is hereby authorized and directed to develop procedures,
forms, documents and directives which may be necessary to implement the terms of this Ordinance and
may delegate his/her duties and obligation under this Ordinance to the Toll Program Director.
Section 18. Severability
If any term, covenant or condition of this Ordinance shall be held by a court of competent jurisdiction to
be invalid or unenforceable, then the remainder of this Ordinance shall not be affected and each
remaining provision shall be valid and enforceable to the fullest extent permitted by law unless any of
the stated purposes of this Ordinance would be defeated.
APPROVED AND ADOPTED this 8th day of June, 2016.
_____________________________________
Scott Matas, Chair
Riverside County Transportation Commission
ATTEST:
_____________________________________
Jennifer Harmon, Clerk of the Board
Riverside County Transportation Commission
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Schedule “A”
Schedule of Penalties
Stage Penalty
Initial Penalty Assessed with Notice of Toll Evasion Violation
(NTEV)
$25.00
Added Penalty Assessed with Notice of Delinquent Toll Evasion
Violation (NDTEV)
$30.00
Total Penalty Assessed with NDTEV
(Initial NTEV Penalty + NDTEV Added Penalty)
$55.00
Added Penalty Assessed upon Assignment to Collection Agency
$25.00
Total Penalty Assessed upon Assignment to Collection Agency
(Total NDTEV Penalty + Added Penalty on Assignment to
Collections)
$80.00
Collection Demand Notices*:
First violation in one year
Second violation in one year
Third and additional violations in one year
$20.00
$70.00
$120.00/violation
* Collection demand notice penalties are in addition to the total Penalty assessed upon assignment to
the collection agency.
16
BLANK
AGENDA ITEM 9
BLANK
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 23, 2016
TO: Western Riverside County Programs and Projects Committee
FROM: Lisa DaSilva, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: Section 214 Funding Agreement with the Army Corps of Engineers for
Interstate 15 Express Lanes Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 16-31-096-00 between Riverside County Transportation
Commission and U.S. Army Corps of Engineers Los Angeles District, for Section 214
funding agreement in the amount of $15,000, plus a contingency amount of $45,000,
for a total amount not to exceed $60,000;
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 the use of the contingency
amount as may be required for the project; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Interstate 15 Express Lanes Project proposes to design and construct one to two express
lanes mostly in the undeveloped median from Cajalco Road in the city of Corona to the State
Route 60 interchange in the cities of Eastvale and Jurupa Valley. There are 11 bridges within
the Project limits that need to be widened to accommodate the express lanes.
DISCUSSION:
Within the project, the Santa Ana River Bridge, which is a U.S. Army Corps of Engineers (USACE)
facility, needs to be widened. Since it is a USACE facility, all modifications to the bridge that
affect the Santa Ana River must be reviewed and approved by USACE and a Section 408 permit
must be issued prior to the start of construction on the bridge. The permit review process is
very lengthy and can be expedited by a memorandum of agreement between Commission and
USACE Los Angeles District, Section 214 funding agreement. Expediting USACE’s permit review
process via the Section 214 funding agreement helps mitigate the schedule risk to obtain the
Section 408 permit from USACE.
Agenda Item 9
17
Agreement No. 16-31-096-00 with the USACE is the vehicle by which the Commission will pay
for expedited permit evaluation-related services for a Section 408 permit. The $15,000 base
amount included in this funding agreement is the estimated minimal USACE cost for expedited
permit evaluation-related services. Depending on the complexity of the Section 408 permit
submittal, the permit evaluation-related services may increase up to $60,000, resulting in the
need for a $45,000 contingency for this agreement.
Staff recommends the Commission approve Agreement No 16-31-096-00 with the USACE Los
Angeles District for a Section 214 funding agreement in an amount not to exceed of $60,000.
Further, staff recommends to authorize the Chair or Executive Director, pursuant to legal
counsel review, to execute the agreement on behalf of the Commission and authorize the
Executive Director or designee to approve the use of the contingency amount as may be
required for the project.
Financial Information
In Fiscal Year Budget: Yes
Yes Year: FY 2015/16
FY 2016/17 Amount: $5,000
$55,000
Source of Funds:
2009 Measure A Western County Highway
funds/Proceeds from Commercial Paper,
TIFIA Loan, and Toll Revenue Bonds
Budget Adjustment: No
No
GLA No.: 003027 81020 262 31 81002
Fiscal Procedures Approved: Date: 05/12/2016
Attachment: Agreement No. 16-31-096-00 with U.S. Army Corps of Engineers Los Angeles
District
Agenda Item 9
18
Memorandum of Agreement 1 U.S. Army Corps of Engineers
Riverside County Transportation Commission
MEMORANDUM OF AGREEMENT
BETWEEN
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
U.S. ARMY CORPS OF ENGINEERS LOS ANGELES DISTRICT
THIS MEMORANDUM OF AGREEMENT (“MOU’) is entered into as of this first day
of [month][day], 2016, between the Riverside County Transportation Commission (hereinafter
“Commission”) and the Los Angeles District of the United States Army Corps of Engineers
(hereinafter “Corps”), collectively referred to as “the Parties.”
RECITALS
WHEREAS, the Corps has jurisdiction over requests to alter or modify completed federal
flood risk management facilities; and
WHEREAS, Section 214 of the Federal Water Resources Development Act of 2000,
Public Law 106-541 (“WRDA 2000”), as amended by Public Law 111-120, provides as follows:
(a) IN GENERAL. - The Secretary [of the Army], after public notice, may accept and
expend funds contributed by non-Federal public entities to expedite the evaluation of
permits under the jurisdiction of the Department of the Army.
(b) EFFECT ON PERMITTING. - In carrying out this section, the Secretary shall ensure
that the use of funds accepted under subsection (a) will not impact impartial decision-
making with respect to permits, either substantively or procedurally.
WHEREAS, the authority provided under section 214 of the WRDA 2000 is presently in
effect until December 31, 2016; and
WHEREAS, the Secretary of the Army has delegated the responsibility of carrying out
Section 214 of the WRDA 2000 to the Chief of Engineers and his delegated representatives; and
WHEREAS, the Chief of Engineers, by memorandum dated June 18, 2010, authorized
the District and Division Engineers of the Corps to accept and expend funds contributed by non-
Federal public entities subject to certain limitations; and
WHEREAS, the Corps has indicated it is not able, without additional resources, to
expedite the evaluation of Commission; and
WHEREAS, the Commission believes it is in the best interests of the taxpayers of the
County of Riverside to provide funds to the Corps pursuant to this MOA to streamline and
expedite Corps environmental review under section 14 of the Rivers and Harbors Act of 1899
(33 U.S.C. § 408) (hereinafter “Section 408”) for Commission-designated priority projects as
more fully described in Article II.D. of this MOA; and
19
Memorandum of Agreement 2 U.S. Army Corps of Engineers
Riverside County Transportation Commission
WHEREAS, this MOA is intended to: (1) enable the Parties to fully consider, address,
and protect environmental resources, including but not limited to impacts to existing and
completed Corps’ flood risk management systems or facilities, early in the development of
proposed actions; (2) avoid conflicts late in project development through close coordination
during early planning and development stages; (3) provide sufficient information to the Corps for
timely analysis of project effects and to assist the Commission in developing appropriate
mitigation measures; (4) maximize the effective use of limited Corps resources by focusing
attention on projects that would have most effect on completed federal flood risk management
facilities; (5) provide a mechanism for expediting project coordination when necessary; and (6)
provide procedures for resolving disputes in this resource partnering effort.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
Article I. - PURPOSE AND AUTHORITIES
A. This MOA is entered into by the Parties for the purpose of establishing a mutual
framework governing the respective responsibilities of the Parties for the acceptance and
expenditure of funds contributed by the Commission to provide expedited permit evaluation-
related services for the Commission-designated priority projects under the jurisdiction of the
Corps. This MOA is not intended as the exclusive means of obtaining review of projects
proposed by the Commission. This MOA is a vehicle by which the Commission will obtain
expedited permit evaluation-related services, outside of the ordinary Corps review process.
B. Commission enters into this MOA pursuant to its authority under section 130221 of
the California Public Utilities Code. The Corps enters into this MOA pursuant to its authority
under section 214 of the WRDA 2000, as amended.
C. This MOA is specific to Section 408 permit application review only. A separate
agreement will be required between the Commission and the Corps to expedite environmental
technical assistance, coordination services, review, and concurrence of documentation prepared
to comply with Section 404 of the Clean Water Act of 1972 (as amended).
Article II. - SCOPE OF WORK
A. Commission will provide funds to the Corps to expedite permit evaluation related
services for Commission-designated priority projects under the jurisdiction of the Corps.
B. The Corps’ operations and maintenance expenses are funded as a Congressionally
appropriated line item in the annual Federal budget. Funds received from the Commission will
be added to the Corps’ Operations budget in accordance with the provisions of section 214 of
WRDA 2000. The Corps will provide staffing resources dedicated to expediting permit
evaluation related services, as described in Article II.D., below, for Commission-designated
priority projects and/or other programmatic efforts to support efficient decision-making related
to Commission’s Section 408 permitting needs.
20
Memorandum of Agreement 3 U.S. Army Corps of Engineers
Riverside County Transportation Commission
C. The Corps will establish a separate internal financial account to track receipt and
expenditure of the funds associated with its review of permit applications submitted by the
Commission. Corps’ personnel will charge their time and expenses against the account when
they perform work to either expedite Section 408 permit evaluation related requests designated
by the Commission as a priority or undertake other programmatic efforts to support efficient
decision-making related to the Commission’s permitting needs. Corps personnel will focus on
the work as prioritized by Commission, and if no or few projects are designated by Commission
as a priority, Corps personnel will then work on other programmatic efforts for Commission.
D. Funds contributed by the Commission hereunder will be expended by the Corps to
defray the costs of its staff (including salary, associated benefits, overhead and travel expenses)
and other costs in order to expedite the evaluation of priority permit applications designated by
Commission. The Corps may expend Commission funds to perform select duties, including but
not limited to technical analyses and writing, Agency Technical Review, real estate evaluation,
risk analysis, copying or other clerical/support tasks, acquisition of data, site visits, training,
travel, coordination activities, additional personnel (including support/clerical staff), contracting
for technical services (e.g., structural risk evaluation, geotechnical analysis, hydraulic and
hydrological engineering review), environmental documentation preparation and review; any
other permit evaluation related responsibilities that may be mutually agreed upon; and meeting
coordination for the purpose of augmenting resources available to the Corps for expediting
priority projects and activities designated by Commission.
E. The Corps will not expend Commission’s funds for costs associated with the
review of the Corps’ work undertaken by supervisors or other persons or elements of the Corps
in the decision-making chain of command. However, if a supervisor is performing staff work
and not supervisory oversight, funds may be used.
F. If the funds provided by Commission are expended and not replenished, any
remaining priority permit applications will be handled like those of any permit applicant.
Article III. - INTERAGENCY COMMUNICATIONS
To provide for consistent and effective communication between the Parties, each party will
appoint a Principal Representative to serve as its central point of contact on matters relating to
this MOA. Additional representatives may also be appointed to serve as points of contact on
specific actions or issues. Each party will issue a letter to the other designating the Principal
Representative for each party within fifteen (15) days of MOA execution. The Principal
Representative for each party may be changed upon written notification to the other party.
Article IV. - RESPONSIBILITIES OF THE PARTIES
A. Commission will provide adequate resources, to fund existing or additional Corps
personnel for the purpose of timely review of designated priority projects and other identified
activities. To facilitate the Corps’ reviews and activities, Commission will:
1. Provide adequate information regarding projects, scheduling requirements,
and other specific activities to initiate permit evaluation. Information required for the Corps to
21
Memorandum of Agreement 4 U.S. Army Corps of Engineers
Riverside County Transportation Commission
deem a permit application complete thereby allowing initiation of the permit review process can
be found in applicable Section 408 guidance, including but not limited to the Memorandum for
Subordinate Commands, Policy and Procedural Guidance for the Processing Requests to Alter
US Army Corps of Engineers Civil Works Projects Pursuant to 33 USC 408, dated September
30, 2015, and the Memorandum for Major Subordinate Commands, Clarification Guidance on
the Policy and Procedural Guidance for the Approval of Modification and Alteration of Corps of
Engineer Projects, dated November 17, 2008, copies of which have been provided to
Commission. Upon request, Commission shall provide supplemental information necessary to
complete the permit application. Additional information required to complete the permit
evaluation process may exceed what is needed to initiate the process. On a case-by-case basis, if
requested by the Corps, Commission shall provide such additional information so as to ensure
the Corps can effectively accomplish the required review.
2. In consultation with the Corps, schedule the Corps’ involvement in the
priority projects identified by Commission. The project(s) designated as a priority by
Commission are listed in Appendix A to this MOA. The list may be changed by Commission’s
Principal Representative without requiring an amendment to this MOA. Such changes shall be
submitted to the Corps’ Principal Representative in writing and will be effective upon receipt
thereof.
3. To the best of its ability, ensure the participation of all essential personnel
during the permit evaluation process.
4. Work closely with the Corps to adjust priorities and schedules in order to
optimize available Corps staff resources. If overlaps or conflicts occur among priority projects,
then Commission will work with the Corps to identify procedures to handle such overlaps or
resolve the conflicts.
B. The Corps shall assign qualified personnel to evaluate the Commission’s priority
permit applications and prioritized associated tasks within projected funding levels provided
under this MOA. The Corps shall use the funds provided to defray the costs of salaries and
associated benefits and to reimburse travel expenses in order to:
1. Expedite review of Commission’s priority projects in accordance with the
purpose, terms, and conditions of this MOA or any amendments thereto. The Corps shall not
redirect resources from, or otherwise postpone, other non-priority projects submitted by
Commission through the standard Corps review process.
2. Following any pre-application meetings and/or discussions to clarify the
scope of anticipated permit application review processes, provide Commission with an estimated
schedule to complete the permit evaluation process for each application submitted. Commission
shall be able to comment on these schedules and adjust their priorities per Appendix A, or
provide additional resources per Article V. E, below.
3. Consult on a monthly basis with Commission regarding an adjustment of
priorities or establishment of relative priorities if the current and/or projected workload of
22
Memorandum of Agreement 5 U.S. Army Corps of Engineers
Riverside County Transportation Commission
priority projects and activities exceeds the Corps’ ability to provide the services specified herein
or negotiate additional funding in accordance with Article V.E, below.
4. Provide Commission a brief quarterly summary report of progress made
under this MOA, or in accordance with the alternative schedule as agreed by the Parties to this
MOA. Progress will be itemized for each permit application review completed during the
quarter for each permit application pending at the end of the quarter. This report will describe
achievements, including any improvements the Corps has documented in coordinating and
improving the efficiency of the environmental reviews, and will summarize expenditures to date.
The report also will identify any recommendations for improving consultation and coordination
among the Parties to this MOA. The fourth quarter report shall include a summary of the annual
progress made under this MOA. All reports shall not exceed five (5) pages.
5. Meet with Commission as needed to discuss progress under this MOA.
6. Prior to expiration of the MOA, hold a final meeting with the
Commission’s Principal Representative to review a summary of permit streamlining and other
activities under this MOA, as well as provide recommendations for future coordination between
the Parties.
Article V. - FUNDING
A. and B. are RESERVED and subject to negotiation.
C. Within 30 days of execution of this MOU, Commission shall pay the anticipated costs
expected to be incurred through December 31,2019, at the level specified in the Corps’ Cost
Proposal. Maximum payable under this MOA shall not exceed $15,000.
Expediting of permit evaluation related activities as specified in this MOA will be
undertaken by the Corps only after funds have been transferred to the Corps. Prior to the start of
each funding period, Commission shall send a check, or provide by electronic fund transfer, the
amount specified in paragraph C of this Article, payable to:
U.S. Army Corps of Engineers, Los Angeles District
Finance and Accounting Officer
P.O. Box 532711
Los Angeles, CA 90053-2325
Attn: Stephen Vaughn
E. The Corps will provide the Commission a written notice when 80% of the funding
has been expended. If the Corps’ actual costs for providing the agreed upon level of service will
exceed the amount of funds available, Commission will either initiate an amendment to this
MOA to increase the funding amount, or agree to a reduced level of service. If Commission opts
to increase the funding level, the Corps will expeditiously process the amendment and use the
Corps’ best efforts to ensure that there is no interruption to the Corps work on Commission’s
priority projects.
23
Memorandum of Agreement 6 U.S. Army Corps of Engineers
Riverside County Transportation Commission
F. Additional payments by Commission to the Corps, in an amount and schedule
mutually agreed to by the Parties, may be made when priority projects are added to Appendix A.
G. The Corps will carry over any unexpended funds from year to year, or will refund
such unobligated funds if this MOA is terminated or expires.
H. Commission may elect to extend the services of the Corps beyond December 31,
2019, subject to 1) additional funding being provided by Commission and 2) written amendment
to this MOA.
Article VI. - APPLICABLE LAWS
The applicable statutes, regulations, policies, directives, and procedures of the United States will
govern this MOA and all documents and actions pursuant to it. Unless otherwise required by
law, all expediting of permit applications undertaken by the Corps will be governed by Corps
regulations, policies and procedures.
Article VII.- DISPUTE RESOLUTION
In the event of a dispute, the Parties agree to use their best efforts to resolve the dispute in an
informal fashion through consultation and communication, or other forms of non-binding
alternative dispute resolution mutually acceptable to the Parties. The Parties agree that, in the
event such measures fail to resolve the dispute, they shall refer the dispute for resolution to an
appropriate forum in accordance with Federal law.
Article VIII. - PUBLIC INFORMATION
Justification and explanation of Commission’s programs or projects before other agencies,
departments and offices will not be the responsibility of the Corps. The Corps may provide,
upon request from Commission, any assistance necessary to support justification or explanations
of activities conducted under this MOA. In general, the Corps is responsible only for public
information regarding Corps regulatory activities. Commission will give the Corps, as
appropriate, advance notice before making formal, official statements regarding activities funded
under this MOA.
Article IX – AMENDMENT, MODIFICATION, AND TERMINATION
A. This MOA may be modified or amended only by written, mutual agreement of the
Parties.
B. Either party reserves the right to terminate its participation in this MOA without
cause upon thirty (30) days’ written notice to the other parties. In the event of termination,
Commission will continue to be responsible for all costs incurred by the Corps in performing
expedited environmental permit review services up to the time of notice and for the costs of
closing out or transferring any ongoing contracts in support of the provision of services by the
Corps under this MOA.
24
Memorandum of Agreement 7 U.S. Army Corps of Engineers
Riverside County Transportation Commission
C. Within ninety (90) calendar days of termination of the MOA, or the expiration of
the MOA, the Corps shall provide Commission with a final statement of expenditures. Within
sixty (60) calendar days after submittal of the Corps’ final statement of expenditures, the Corps
shall directly remit to Commission the unexpended balance of the advance payment, if any.
Funds may be provided to Commission either by check or electronic funds transfer.
Article X. - MISCELLANEOUS
A. This MOA will not affect any pre-existing or independent relationships or
obligations between Parties.
B. The Corps’ participation in this MOA does not imply endorsement of
Commission projects nor does it diminish, modify, or otherwise affect Corps statutory or
regulatory authorities.
C. Under the provisions of section 214 of the WRDA 2000 as extended, no funds
may be accepted or expended by the Corps pursuant to this MOA after December 31, 2019.
D. If any provision of this MOA is determined to be invalid or unenforceable, the
remaining provisions will remain in force and unaffected to the fullest extent permitted by law
and regulation.
E. This MOA, including any documents incorporated by reference or attachments
thereto, constitute the entire agreement between the Parties. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged herein
and shall be of no further force or effect.
Article XI. - EFFECTIVE DATE AND DURATION
This MOA will be effective on the date of signature by the last Party. This MOA shall remain in
force until whichever of these events occurs first: 1) December 31, 2019; or 2) the MOA is
terminated pursuant to Article IX.B.
[REMAINDER LEFT INTENTIONALLY BLANK]
25
Memorandum of Agreement 8 U.S. Army Corps of Engineers
Riverside County Transportation Commission
IN WITNESS WHEREOF, this MOA is executed by Commission acting by and through
its authorized officer and by the Los Angeles District of the U.S. Army Corps of Engineers
through its authorized officer.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
By: Date:
Anne Mayer
Executive Director, RCTC
APPROVED AS TO FORM:
By: _________________________________
James Donich
General Counsel
U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT
By: Date:
Name
Chief, Asset Management Division
26
Memorandum of Agreement 9 U.S. Army Corps of Engineers
Riverside County Transportation Commission
Appendix A: Commission’s Priority Projects
(Dated: April 15, 2016)
The list of Commission’s Priority Projects under this MOA includes the following proposed
projects:
1. Interstate 15 Express Lanes Project
The project proposes to construct tolled express lanes on a portion of Interstate 15 (I-15)
within Riverside County to improve existing and future traffic operations and mainline
travel times, expand travel choice, increase travel time reliability, and expand the tolled
express lane network. The project would construct one to two tolled express lanes
between post miles (PM) 36.8 and 51.4 in Riverside County, a distance of 14.6 miles.
Based on preliminary engineering, this area constitutes the extent of planned lane
improvements and is identified as the project limits. The lane improvements are located
within Riverside County, California and run through the cities of Corona, Norco,
Eastvale, and Jurupa Valley and portions of unincorporated Riverside County. The 408
facility that would be affected by the project is the Santa Ana River. The project requires
the closing of the gap between the 2 bridges to allow for a median area for express lanes
to be implemented.
27
BLANK
AGENDA ITEM 10
BLANK
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 23, 2016
TO: Western Riverside County Programs and Projects Committee
FROM: Lisa DaSilva, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: Agreement with Nossaman LLP for On-Call Strategic Partnership Advisor
Services
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 06-66-028-13, Amendment No. 10 to Agreement No.
06-66-028-00, with Nossaman LLP (Nossaman) for the on-call strategic partnership
advisor services by extending the contract term to December 31, 2020, and augmenting
the agreement in the amount of $5.7 million, plus a contingency amount of $300,000,
for an additional amount of $6 million, and a total amount not to exceed $14,352,935;
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 the use of the contingency
amount as may be required for the project; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
In February 2006, following a competitive procurement process, the Commission approved an
agreement with Nossaman for the purpose of providing strategic partnership advisor services
for innovative project financing and evaluation of potential toll road corridors in Riverside
County, specifically the State Route 91 Corridor Improvement Project (SR-91 CIP) and Interstate
15 Express Lanes project.
Nossaman has been integral in negotiating, preparing, and executing various agreements
related to the SR-91 CIP with the Orange County Transportation Authority (OCTA), Cofiroute
USA LLC, California Transportation Commission, and Caltrans. With the support of Nossaman,
the SR-91 CIP developed letters of interest, prepared the Transportation Infrastructure Finance
and Innovation Act (TIFIA) application, and completed the TIFIA loan agreement negotiations
including its terms and conditions. Nossaman was also essential in assisting the project and
construction management team in the development and execution of the various design-build
Agenda Item 10
28
procurement documents such as the request for qualifications prequalification, risk allocation
workshops, design-build contract, contract industry review process, and proposal evaluations,
selection, and negotiations.
Nossaman has also been engaged in the I-15 Express Lanes Project since 2006, in the areas of
toll feasibility, method of project delivery, and tolling authority; however, approximately
67 percent of the $8,352,935 authorized agreement amount, as summarized below, is related
to the SR-91 CIP.
Commission
Authorized
Amount
Commission
Authorized
Contingency
Commission
Authorized Total
Nossaman
Contract
Original Authorization 150,000$ -$ 150,000$ 150,000$
No. 11 75,000 - 75,000 75,000
No. 2 (50,000) - (50,000) (50,000)
No. 3 150,000 - 150,000 150,000
No. 42 250,000 - 250,000 250,000
No. 53 - - - -
No. 6 800,000 - 800,000 800,000
No. 7 2,083,035 - 2,083,035 2,083,035
No. 84 1,878,900 376,000 2,254,900 1,878,900
No. 95 2,400,000 240,000 2,640,000 2,776,000
Subtotal 7,736,935 616,000 8,352,935 8,112,935
No. 10 (proposed)6 5,700,000 300,000 6,000,000 5,700,000
Totals 13,436,935$ 916,000$ 14,352,935$ 13,812,935$
Amendments
6 Includes time extension to December 31, 2020
1 Includes time extension to February 9, 2008
2 Includes time extension to February 9, 2012
3 Provides for services to SANBAG at no cost to the Commission
4 Includes time extension to February 9, 2014
5 Includes time extension to March 9, 2018
DISCUSSION:
In summer 2015, the I-15 Express Lanes project team began developing its procurement
strategies, which resulted in two independent and competitively bid procurements. The first
procurement includes the toll services provider who will provide design, implementation, and a
minimum of five years of operations/maintenance of the tolling system. The second
procurement, design-build contract, will include the design and construction of the express
lanes.
Agenda Item 10
29
This two-procurement approach differed from the SR-91 CIP in two areas. First, for the SR-91
CIP staff negotiated sole-source contracts for design, implementation, and
operations/maintenance with the existing toll operator to achieve economies of scale and
consistency with OCTA and therefore did not conduct a competitive procurement. Secondly,
the I-15 Express Lanes project lead procurement responsibility is being performed by Nossaman
rather than the project and construction management team.
Amendment No. 10 to Agreement No. 06-66-028-00 includes the scope, cost, and assumed
duration to complete these procurement and contract administration services by Nossaman for
the I-15 Express Lanes project. Staff developed and negotiated with Nossaman the following
scope of services, as further described in Exhibit A to the attachment, related to the
procurement phase of the I-15 Express Lanes project at a cost of $4.5 million:
• Assist with agreements and negotiations with Caltrans, Federal Highway Administration,
and other agency stakeholders;
• Lead in drafting procurement documents;
• Lead in responding to proposer questions;
• Lead the selection, negotiations, and award process; and
• Lead with analysis, response and defense to any bid, proposal, or award protests.
For the contract administration phase of the I-15 Express Lanes project, staff developed and
negotiated with Nossaman the following scope of services, as further described in Exhibit A to
the attachment, at a cost of $1.2 million:
• Develop and administer contract administration training workshops for the Commission
and technical advisory staff;
• Assist with contract interpretation, analysis, and administration during the design and
construction phase; and
• Assist with change order and claims management.
Amendment No. 10 with Nossaman in the amount of $5.7 million plus a contingency amount of
$300,000, for an additional amount of $6 million for strategic partnership advisor services
related to the I-15 Express Lanes project is attached. The agreement also extends the term to
December 31, 2020, or the anticipated completion of development and construction of the I-15
Express Lanes project. This approach is consistent with the SR-91 CIP and provides continuity of
legal/procurement counsel through the contract administration phase.
The schedule for the next phases of the I-15 Express Lanes project is as follows:
Award Toll Services Provider Contract Early 2017
Award Design-Build Contract Spring 2017
Financial Close Summer 2017
Start of Construction Spring 2018
I-15 Express Lanes open to traffic 2020
Agenda Item 10
30
Staff recommends the Commission approve Agreement No. 06-66-028-13, Amendment No. 10
to Agreement No. 06-66-028-00, with Nossaman for the on-call strategic partnership advisor
services by extending the contract term to December 31, 2020, and augmenting the agreement
in the amount of $5.7 million, plus a contingency of $300,000, for an additional amount of
$6 million, and a total authorized contract value of $14,352,935.
Further, staff recommends the Commission authorize the Chair or Executive Director, pursuant
to legal counsel review, to execute the agreement on behalf of the Commission and authorize
the Executive Director or designee to approve the use of the contingency amount as may be
required for the project
Financial Information
In Fiscal Year Budget:
Yes
Yes
N/A
Year:
FY 2015/16
FY 2016/17
FY 2017/18+
Amount:
$500,000
$3,500,000
$2,000,000
Source of Funds:
2009 Measure A Western County Highway
funds/Proceeds from Commercial Paper,
TIFIA Loan, and Toll Revenue Bonds
Budget Adjustment:
No
Yes
N/A
GLA No.: 003027 65102 262 31 65102
Fiscal Procedures Approved: Date: 05/13/2016
Attachment: Agreement No. 06-66-028-13 with Nossaman LLP
Agenda Item 10
31
17336.00000\1514236.2 1
Agreement No. 06-66-028-13
AMENDMENT NO. 10 TO
AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES
WITH NOSSAMAN LLP
1. PARTIES AND DATE
This Amendment No. 10 to the Agreement for Strategic Partnership Advisor
Services is made and entered into as of this ______ day of ___________, 2016, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
(“Commission”) and NOSSAMAN LLP, a ("Consultant").
2. RECITALS
2.1 The Commission and the Consultant have entered into an agreement
dated April 10, 2006 for the purpose of providing Strategic Partnership
Advisor Services (as amended, the "Master Agreement"). The not to
exceed amount of the Master Agreement is set at One Hundred Fifty
Thousand Dollars ($150,000).
2.2 The Commission and the Consultant have entered into an Amendment
No. 1 to the Master Agreement, dated July 27, 2006, for the purpose of
increasing the not to exceed amount of the Master Agreement by Seventy-
Five Thousand Dollars ($75,000).
2.3 The Commission and the Consultant have entered into an Amendment
No. 2 to the Master Agreement, dated October 26, 2006, for the purpose
of reducing the not to exceed amount of the Master Agreement by Fifty
Thousand Dollars ($50,000).
2.4 The Commission and the Consultant have entered into an Amendment
No. 3 to the Master Agreement, dated April 9, 2007, for the purpose of
increasing the not to exceed amount of the Master Agreement by One
Hundred Fifty Thousand Dollars ($150,000).
2.5 The Commission and the Consultant have entered into an Amendment
No. 4 to the Master Agreement, dated February 8, 2008, for the purpose
32
17336.00000\1514236.2 2
of incorporating additional services into the Scope of Services of the
Master Agreement, modifying the Consultant’s hourly billing rates,
extending the term and increasing the not to exceed amount of the Master
Agreement by Two Hundred Fifty Thousand Dollars ($250,000).
2.6 The Commission and the Consultant have entered into an Amendment
No. 5 to the Master Agreement, dated July 16, 2008, for the purpose of
making consulting services available to the San Bernardino Associated
Governments through the Master Agreement.
2.7 The Commission and the Consultant have entered into an Amendment
No. 6 to the Master Agreement, dated January 27, 2010 and Amended
and Restated Amendment No. 6 to the Master Agreement, dated March
10, 2010, for the purpose of increasing the total not to exceed amount of
the Master Agreement by Eight Hundred Thousand Dollars ($800,000)
and to modify the Consultant’s hourly billing ra tes.
2.8 The Commission and the Consultant have entered into an Amendment
No. 7 to the Master Agreement, dated December 21, 2010, for the
purpose of increasing the total not to exceed amount of the Master
Agreement by Two Million Eighty-Three Thousand Thirty-Five Dollars
($2,083,035).
2.9 The Commission and the Consultant have entered into an Amendment
No. 8 to the Master Agreement, dated February 9, 2012, for the purpose
of increasing the total not to exceed amount of the Master Agreement by
One Million Eight Hundred Seventy-Eight Thousand Nine Hundred Dollars
($1,878,900), and extending the term (the “Third Extended Term”) to end
February 9, 2014, unless earlier terminated as provided in the Master
Agreement.
2.10 By letter dated May 22, 2013 (“Contingency Release Letter”), the
Commission authorized the release the Board allocated contingency funds
in the sum of Three Hundred Seventy Six Thousand Dollars ($376,000) to
cover Extra Work, as that term is defined in the Master Agreement.
2.11 The Commission and the Consultant have entered into an Amendment
No. 9 to the Master Agreement, dated August 26, 2013, to identify the
Contingency Release letter within the formal amendments to the Master
Agreement, increasing the total not to exceed amount of the Master
Agreement by Eight Million One Hundred Twelve Thousand Hundred Nine
33
17336.00000\1514236.2 3
Thirty-Five Dollars ($8,112,935), and extending the term (the “Fourth
Extended Term”) to end March 9, 2018, unless earlier terminated as
provided in the Master Agreement.
2.12 The parties now desire to amend the Master Agreement in order to extend
the term of the Master Agreement, and provide additional compensation
for the continued provision of Strategic Partnership Advisor Services.
3. TERMS
3.1 The term of the Master Agreement shall be extended for an additional
term (the “Fifth Extended Term”) beginning March 9, 2018 and ending on
December 31, 2020, unless earlier terminated as provided in the Master
Agreement.
3.2 The maximum compensation for Services performed pursuant to this
Amendment shall be Five Million Seven Hundred Thousand Dollars
($5,700,000), as further set forth in Exhibit "A" attached hereto and
incorporated herein by reference.
3.3 The total not-to-exceed amount of the Master Agreement, as amended by
this Amendment No. 10, shall be increased from Eight Million One
Hundred Twelve Thousand Nine Hundred Thirty-Five Dollars ($8,112,935)
to Thirteen Million Eight Hundred Twelve Thousand Nine Hundred Thirty-
Five Dollars ($13,812,935).
3.4 The recitals set forth above are true and correct and are incorporated into
this Amendment No. 10 by reference as though fully set forth herein.
3.5 Except as amended by this Amendment, all provisions of the Master
Agreement, as amended by Amendment No. 1 through No. 9, 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.
[Signatures on following page]
34
17336.00000\1514236.2 4
SIGNATURE PAGE
TO
AGREEMENT NO. 06-66-028-13
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the date first herein above written.
RIVERSIDE COUNTY NOSSAMAN LLP
TRANSPORTATION COMMISSION
By: _____________________________ By: _________________________
Scott Matas, Chair Signature
__________________________
Name
__________________________
Title
APPROVED AS TO FORM: Attest:
By: _____________________________ By: ________________________
Best Best & Krieger LLP Its: Secretary
Counsel to the Riverside County
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 the Commission.
35
Exhibit C
17336.00000\1514236.2
EXHIBIT "A"
COMPENSATION
[attached behind this page]
36
BLANK
SCOPE OF SERVICES
In support for the design-build procurement of the I-15 HOT Lanes Design-Build Project
(“Project”), NOSSAMAN LLP (“Nossaman”) will provide the following services:
PROCUREMENT PHASE
Participate in weekly team calls
Participation in procurement strategies discussion (e.g., including toll services as part of
the DB procurement, on its own, or part of a separate toll services procurement. When
does it make sense to bring them on, etc.)
Assistance with agreements and negotiations with Caltrans, FHWA and other agency
stakeholders, including the design-build coop agreement, toll facilities agreement
Lead in drafting of RFQs
Lead with proposer Q&A re: RFQs and RFQ document revisions (addenda)
Lead with drafting of RFQ Evaluation Manuals
Assist with training of the Commission personnel and consultant personnel on RFQ
evaluation process and procedures
Participate and lead with oversight of RFQ evaluations
Lead in drafting of RFPs (Instructions to Proposers)
Lead in drafting of Design-Build Contract documents
Lead in drafting of Toll Services Contract documents
Review and comment on drafts of the Technical Provisions drafted by the Commission
and/or technical advisor
Coordinate with and among co-consultants, including technical advisor
Lead industry review process, including proposer workshops, one on one meetings,
proposer Q&A and document revisions
Participate in post-RFP issuance procurement processes, including proposer workshops,
one on one meetings, alternative technical concept (ATC) review and approval process,
review and response to proposer Q&A and document revisions (addenda)
Lead with drafting of RFP Evaluation Manuals
Lead with training of the Commission personnel and consultant personnel on RFP
evaluation processes and procedures
Participate and lead with oversight of RFP evaluations
Lead with analysis, response and defense to any bid or proposal protests
Lead negotiations with apparent best value Proposers and Design-Build Contract and
Toll Services Contract finalization
Assist with Design-Build Contract and Toll Services Contract award and execution
process
Assistance with preparation of materials for presentations, briefings and other materials
to Commission board and committees and senior staff and other stakeholders, as needed
Assist Commission with any applications under SEP-14 or SEP-15 (as well as other
similar, related or new programs authorized under FAST or any future reauthorizations)
Assist Commission with any applications under TIFIA (or any replacement program) and
negotiation of any TIFIA documents
Assist Commission with any toll revenue bonds in coordination with Commission’s
financial advisor and other counsel (issuer’s counsel, bond counsel, etc.)
37
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