HomeMy Public PortalAbout01 January 31, 2019 CommissionComments are welcomed by the Commission. If you wish to provide comments to the Commission,
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MEETING AGENDA
TIME/DATE: 12:00 P.M. / Thursday, January 31, 2019
LOCATION: Temecula Creek Inn
44501 Rainbow Canyon Road
Temecula, California
COMMISSIONERS
Chair – Chuck Washington
Vice Chair – Ben J. Benoit
Second Vice Chair – Jan Harnik
Kevin Jeffries, County of Riverside, District 1
Karen Spiegel, County of Riverside, District 2
Chuck Washington, County of Riverside, District 3
V. Manuel Perez, County of Riverside, District 4
Jeff Hewitt, County of Riverside, District 5
Art Welch / Daniela Andrade, City of Banning
Lloyd White / Julio Martinez, City of Beaumont
Joseph DeConinck / Tim Wade, City of Blythe
Larry Smith / Jim Hyatt, City of Calimesa
Randall Bonner / Jeremy Smith, City of Canyon Lake
Greg Pettis / To Be Appointed, City of Cathedral City
Steven Hernandez / Megan Jacinto, City of Coachella
Wes Speake / Jim Steiner, City of Corona
Scott Matas / Russell Betts, City of Desert Hot Springs
Clint Lorimore / Todd Rigby, City of Eastvale
Linda Krupa / Russ Brown, City of Hemet
Dana Reed / To Be Appointed, City of Indian Wells
Waymond Fermon / Oscar Ortiz, City of Indio
Brian Berkson / Chris Barajas, City of Jurupa Valley
Kathleen Fitzpatrick / Robert Radi, City of La Quinta
Bob Magee / Natasha Johnson, City of Lake Elsinore
Bill Zimmerman / Dean Deines, City of Menifee
Victoria Baca / Carla Thornton, City of Moreno Valley
Scott Vinton / Randon Lane, City of Murrieta
Berwin Hanna / Ted Hoffman, City of Norco
Jan Harnik / Kathleen Kelly, City of Palm Desert
Lisa Middleton / Jon R. Roberts, City of Palm Springs
Michael M. Vargas / Rita Rogers, City of Perris
Ted Weill / Charles Townsend, City of Rancho Mirage
Rusty Bailey / Andy Melendrez, City of Riverside
Andrew Kotyuk / Russ Utz, City of San Jacinto
Michael S. Naggar / Matt Rahn, City of Temecula
Ben J. Benoit / Joseph Morabito, City of Wildomar
Janice Benton, Governor’s Appointee Caltrans District 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.org
MEETING AGENDA
*Actions may be taken on any item listed on the agenda
12:00 p.m.
Thursday, January 31, 2019
Temecula Creek Inn
44501 Rainbow Canyon Road
Temecula, California
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed
72 hours prior to the meeting, which are public records relating to open session agenda items, will be available
for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third
Floor, Riverside, CA, and on the Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special
assistance is needed to participate in a Commission meeting, please contact the Clerk of the Board at
(951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that
reasonable arrangements can be made to provide accessibility at the meeting.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes or less.
The Commission may, either at the direction of the Chair or by majority vote of the Commission, 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. In addition, the maximum time for public comment for any individual item or topic is thirty
(30) minutes. Also, the Commission may terminate public comments if such comments become
repetitious. Speakers may not yield their time to others without the consent of the Chair. Any written
documents to be distributed or presented to the Commission 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 Commission should not take action on or discuss matters raised during public
comment portion of the agenda that are not listed on the agenda. Commission members may refer such
matters to staff for factual information or to be placed on the subsequent agenda for consideration.
Riverside County Transportation Commission Agenda
January 31, 2019
Page 2
5. ADDITIONS / REVISIONS – The Commission 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 Commission subsequent to the posting of the agenda. An action adding an
item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the
Commission members present, adding an item to the agenda requires a unanimous vote.
Added items will be placed for discussion at the end of the agenda.
6. CONSENT CALENDAR – All matters on the Consent Calendar will be approved in a single motion
unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the
Consent Calendar will be placed for discussion at the end of the agenda.
6A. QUARTERLY SALES TAX ANALYSIS
Page 1
Overview
This item is for the Commission to receive and file the sales tax analysis for Quarter 2,
2018 (2Q 2018).
6B. AMENDMENT TO AGREEMENT FOR THE CONSTRUCTION MANAGEMENT SERVICES
OF LA SIERRA PARKING LOT EXPANSION
Page 11
Overview
This item is for the Commission to:
1) Approve Agreement No. 16-24-080-02, Amendment No. 2 to Agreement
No. 16-24-080-00, with S2 Engineering to provide additional construction
management (CM), materials testing, and construction surveying services for
the La Sierra Parking Lot Expansion project for an additional amount of
$90,000, and a total amount not to exceed $838,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission.
6C. APPROVAL OF VARIOUS AGREEMENTS FOR THE INTERSTATE 215/PLACENTIA
AVENUE INTERCHANGE PROJECT
Page 17
Overview
This item is for the Commission to:
1) Approve Agreement No. 19-31-049-00 with County of Riverside (County) and
Southern California Regional Rail Authority (SCRRA) for construction and
maintenance of the Interstate 215/Placentia Avenue Interchange Project
(Project) in the amount of $1,121,000;
Riverside County Transportation Commission Agenda
January 31, 2019
Page 3
2) Approve Cooperative Agreement No. 19-31-019-00 between the Commission
and city of Perris (City) for enhanced landscaping and aesthetics;
3) Approve Cooperative Agreement No. 19-31-044-00 between the Commission
and the City for storm drain improvements and the Commission’s funding
contribution for an amount not to exceed $150,000;
4) Amend authorization for the Executive Director to execute utility agreements
required for the Project for an additional amount of $702,360, and a total
amount not to exceed $1,902,360;
5) Approve Agreement No. 19-31-055-00, a cooperative agreement between the
Commission and Caltrans, that defines the roles and responsibilities for Project
construction;
6) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission; and
7) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute all future necessary non-funding interagency agreements on behalf of
the Commission.
6D. QUARTERLY PUBLIC ENGAGEMENT METRICS REPORT, OCTOBER – DECEMBER 2018
Page 105
Overview
This item is for the Commission to receive and file the Quarterly Public Engagement
Metrics Report for October – December 2018.
7. APPROVAL OF CALIFORNIA ENVIRONMENTAL QUALITY ACT RE-VALIDATION AND
ADDENDUM AND AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES, MATERIALS
TESTING, AND CONSTRUCTION SURVEYING FOR THE INTERSTATE 215/PLACENTIA AVENUE
INTERCHANGE PROJECT
Page 110
Overview
This item is for the Commission to:
1) Adopt Resolution No. 19-002, “Resolution of the Riverside County Transportation
Commission Adopting a Second Addendum to the Previously Certified Environmental
Impact Report (SCH #2004111103) for the Mid County Parkway and Approving the
Proposed Changes to the Mid County Parkway Project,” related to the Interstate 215
(I-215)/Placentia Avenue Interchange Improvements Project (Project);
2) Award Agreement No. 18-31-148-00 to Vali Cooper & Associates, Inc. to perform
construction management services, materials testing, and construction surveying for
the Project in the amount of $5,496,274, plus a contingency amount of $549,627 for
potential changes in scope, for a total amount not to exceed $6,045,901;
3) Authorize the Executive Director, or designee, to approve the use of the contingency
amount as may be required for the Project; and
Riverside County Transportation Commission Agenda
January 31, 2019
Page 4
4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission.
8. LOCAL TRANSPORTATION FUND ADVANCE LOAN TO SUNLINE TRANSIT AGENCY
Page 165
Overview
This item is for the Commission to approve a loan to advance Local Transportation Funds (LTF)
in the amount of $4.5 million to SunLine Transit Agency (SunLine) under the condition the loan
is repaid to the Commission within 14 days of receipt of Federal Transit Administration (FTA)
Section 5307 funds.
9. CLOSED SESSION
9A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION
Pursuant to Government Code Section 54956.9 (d)(1)
Case No(s). RIC 1409484 and 37-2018-00059425-CU-MC-CTL
10. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT
Overview
This item provides the opportunity for the Commissioners and the Executive Director to report
on attended meetings/conferences and any other items related to Commission activities.
11. ADJOURNMENT
AGENDA ITEM 6A
Agenda Item 6A
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 31, 2019
TO: Riverside County Transportation Commission
FROM: Michele Cisneros, Deputy Director of Finance
THROUGH: Anne Mayer, Executive Director
SUBJECT: Quarterly Sales Tax Analysis
STAFF RECOMMENDATION:
This item is for the Commission to receive and file the sales tax analysis for Quarter 2, 2018
(2Q 2018).
BACKGROUND INFORMATION:
At its December 2007 meeting, the Commission awarded an agreement with MuniServices, LLC
(MuniServices), an Avenu Company, for quarterly sales tax reporting services plus additional fees
contingent on additional sales tax revenues generated from the transactions and use tax
(sales tax) audit services. As part of the recurring contracts process in June 2018, the Commission
approved a five-year extension through June 30, 2023. The services performed under this
agreement pertain to only the Measure A sales tax revenues.
Since the commencement of these services, MuniServices submitted audits, which reported
findings, to the California Department of Tax and Fee Administration (CDTFA), as successor to the
California State Board of Equalization, for review and determination of errors in sales tax
reporting related to 819 businesses. Through 1Q 2018, the CDTFA approved 555 of these
accounts for a cumulative sales tax recovery of $9,116,330. Updated amounts for 2Q 2018 will
be provided once received from MuniServices. If CDTFA concurs with the error(s) for the
remaining claims, the Commission will receive additional revenues; however, the magnitude of
the value of the remaining findings was not available. It is important to note that while the
recoveries of additional revenues will be tangible, it will not be sufficient to alter the overall trend
of sales tax revenues.
Additionally, MuniServices provided the Commission with the quarterly sales tax digest summary
report for 2Q 2018. Most of the 2Q 2018 Measure A sales tax revenues were received in the
third quarter of calendar year 2018, during July 2018 through September 2018, due to a lag in
the sales tax calendar. The summary section of the 2Q 2018 report is attached and includes an
overview of California’s economic outlook, local results, historical cash collections analysis by
quarter, top 25 sales/use tax contributors, historical sales tax amounts, annual sales tax by
business category, and five-year economic trend for significant business category (general retail).
1
Agenda Item 6A
As reported to the Commission in November 2018, the CDTFA implemented a new automation
system in May 2018 and encountered some issues that included delays in tax return processing.
This included numerous sales tax returns for the first two quarters of calendar year 2018
unprocessed at the CDTFA. The CDTFA has been responsive and committed to resolving the
issues and has completed the 1Q 2018 unprocessed sales tax returns and is making good progress
on the 2Q 2018 and 3Q 2018 unprocessed sales tax returns. Staff continues to work closely with
MuniServices to receive updates on the CDTFA unprocessed sales tax returns.
Taxable transactions for the top 25 contributors in Riverside County generated 23.6 percent of
taxable sales for the benchmark year ended 2Q 2018, slightly higher than the 22.6 percent for
the benchmark year ended 2Q 2017. The top 100 tax contributors generated 38.1 percent,
slightly higher than the 36.6 percent for the benchmark year ended 2Q 2017.
In the Economic Category Analysis below, all six categories experienced new highs in the 2Q 2018
benchmark year compared to the prior eight benchmark years.
An analysis of sales tax performance by quarter through 2Q 2018 is attached and illustrates fairly
consistent cycles for sales tax performance for most of the economic categories since 4Q 2012.
For 9 of the top 10 segments (auto sales – new, restaurants, department stores, miscellaneous
retail, service stations, building materials – wholesale, apparel stores, food markets, and light
industry) during the eight benchmark year quarters, sales tax receipts reached a new high point.
The segments represent 70.5 percent of the total sales tax receipts.
The top 10 segments represent 74.7 percent of the total sales tax receipts. For the other 21
segments representing 25.3 percent of the total sales tax receipts, 11 segments representing 16.6
percent of the total sales tax receipts reached new high points in the benchmark year 2Q 2018.
In the Economic Segments Analysis below, auto sales – new, restaurants, and department stores
represent the largest segments for Riverside County, or 32.7 percent of the total sales tax
receipts.
% of Total / % Change
RCTC State Wide Orange
County
San
Bernardino
County
S.F. Bay Area Sacramento
Valley
Central
Valley South Coast North Coast
Central
Coast
General Retail 28.7 / 3.8 38.7 / 2.8 37.5 / 1.9 37.9 / 4.5 36.1 / 2.7 40.3 / 5.0 42.6 / 7.2 39.9 / 1.9 31.7 / 0.2 36.7 / -2.1
Food Products 17.0 / 4.4 19.5 / 5.0 18.5 / 3.1 14.0 / 7.3 20.6 / 4.6 16.5 / 5.9 24.5 / 9.6 20.8 / 4.9 18.4 / 1.5 30.4 / -1.8
Transportation 25.5 / 5.2 23.2 / 3.2 21.6 / 1.0 26.2 / 1.8 20.7 / 6.3 27.8 / 4.3 26.6 / 7.6 22.6 / 1.0 29.2 / 2.3 21.2 / 8.6
Construction 10.5 / 6.1 7.1 / 14.5 6.2 / 10.6 6.4 / 15.9 7.7 / 13.8 6.8 / 18.0 6.8 / 23.6 6.5 / 13.3 11.1 / 12.3 5.4 / 1.0
Business to Business 16.3 / 5.2 10.9 / 5.2 11.0 / 1.5 15.3 / 2.2 14.3 / 4.0 7.9 / 3.7 8.9 / 36.2 9.6 / 3.7 8.6 / 10.5 5.7 / -2.7
Miscellaneous 1.9 / 6.4 0.6 / 2.8 5.3 / 2.8 0.4 / -1.6 0.7 / 3.7 0.7 / -4.7 0.4 / 11.2 0.6 / 2.7 1.0 / 52.0 0.6 / 6.0
Total 100.0 / 4.8 100.0 / 4.4 100.0 / 2.5 100.0 / 4.5 100.0 / 4.9 100.0 / 5.7 100.0 / 11.0 100.0 / 3.2 100.0 /3.8 100.0 / 0.4
General Retail: Apparel Stores, Department Stores, Furniture/Appliances, Drug Stores, Recreation Products, Florist/Nursery, and Misc. Retail
Food Products: Restaurants, Food Markets, Liquor Stores, and Food Processing Equipment
Construction: Building Materials Retail and Building Materials Wholesale
Transportation: Auto Parts/Repair, Auto Sales - New, Auto Sales - Used, Service Stations, and Misc. Vehicle Sales
Business to Business: Office Equip., Electronic Equip., Business Services, Energy Sales, Chemical Products, Heavy Industry, Light Industry, Leasing,
Biotechnology, I.T. Infrastructure, and Green Energy
Miscellaneous: Health & Government, Miscellaneous Other, and Closed Account Adjustments
ECONOMIC CATEGORY ANALYSIS
2
Agenda Item 6A
This is the 23rd consecutive quarter since 4Q 2008, that auto sales – new and department stores
have been in the top three economic segments. Restaurants replaced service stations in the top
three economic segments beginning in 4Q 2014. The service stations segments high occurred in
4Q 2012 and declined through 1Q 2017 due to lower fuel prices; the 2Q 2018 benchmark year
quarter for service stations reflects an increase over the last eight benchmark year quarters for
the first time since 2Q 2011 due to rising fuel prices.
During the review of the 2Q 2018 detailed report with MuniServices, information regarding sales
tax comparison by city and change in economic segments (two highest gains and two highest
losses) from 2Q 2017 to 2Q 2018 was provided and is attached.
Staff continues to monitor monthly sales tax receipts and other available economic data to
determine the need for any adjustments to the revenue projections. Staff will utilize the forecast
scenarios included with the complete report and receipt trends in assessing such projection.
Attachments:
1) Sales Tax Digest Summary 2Q 2018
2) Sales Tax Performance by Quarter 2Q 2018
3) Quarterly Sales Tax Comparison by City for 2Q 2017 to 2Q 2018
RCTC State Wide Orange
County
San
Bernardino
County
S.F. Bay Area Sacramento
Valley
Central
Valley South Coast North Coast
Central
Coast
Largest Segment Auto Sales -
New Misc Retail Misc Retail Misc Retail Misc Retail Misc Retail Misc Retail Misc Retail Restaurants Restaurants
% of Total / % Change 11.7 / 0.6 20.4 / 2.2 20.4 / 1.3 20.9 / 3.7 18.5 / 3.0 21.2 / 5.0 24.5 / 9.6 22.3 / 1.1 11.0 / -0.2 22.6 / -2.6
2nd Largest Segment Restaurants Restaurants Restaurants Restaurants Restaurants
Auto Sales -
New
Service
Stations Restaurants Auto Sales -
New Misc. Retail
% of Total / % Change 11.5 / 3.6 14.7 / 3.8 14.5 / 1.8 10.2 / 5.7 15.4 / 4.4 13.7 / 1.7 10.3 / 13.1 16.3 / 3.4 10.7 / 2.0 16.7 / -1.3
3rd Largest Segment Department
Stores
Auto Sales -
New
Auto Sales -
New
Department
Stores
Auto Sales -
New Restaurants Department
Stores
Auto Sales -
New
Service
Stations
Auto Sales -
New
% of Total / % Change 9.5 / 1.1 11.3 / 1.7 10.8 / 0.0 9.5 / 7.5 11.5 / 5.9 11.7 / 4.4 11.0 / 2.9 11.2 / -0.8 10.0 / 7.6 10.5 / 14.4
ECONOMIC SEGMENT ANALYSIS
3
Riverside County Transportation Commission
Sales Tax Digest Summary
Collections through September 2018
Sales through June 2018 (2018Q2)
www.avenuinsights.com (800) 800-8181 Page 1
CALIFORNIA’S ECONOMIC OUTLOOK
California sales tax receipts decreased by 1.1% over the same quarter from the previous year, with
Northern California reporting a 0.1% increase compared to 2.0% for Southern California. Receipts for the
RCTC decreased by 9.5% over the same periods. The decline was a non-economic decline resulting from
the CDTFA’s new system implementation and delays in processing sales tax returns.
•California Unemployment Rate: 4.2% in August and 4.1% in September, indicating it may be harder
for employers to fill positions. (EDD)
•Employment Forecast: Total Employment for 2018, 2019 and 2020 is forecasted to grow by 1.7%,
1.8% and 0.8% respectively. (UCLA Anderson)
•Retail Migrates to Online: 15% of Retail Sales are now made online compared 9% in 2013. Amazon
comprises 44% of those online retail sales. 75% of households with yearly income of $100,000 or more
have an Amazon Prime membership. (Kiplinger)
•Holiday Spending: Consumers are expected to spend 4.1% more than last year, each spending an
average of $1,007 this year. US Holiday Ecommerce Sales are expected to grow by 16.2% to $123.4 billion.
This growth in ecommerce will be driven by mobile commerce, which is expected to jump 32.6% and
account for 44% of ecommerce holiday spending. (Mastercard)
LOCAL RESULTS
Net Cash Receipts Analysis
Local Collections $41,288,899
Share of County Pool 0.0% 0
Share of State Pool 0.0% 0
SBE Net Collections 41,288,899
Less: Amount Due County 0.0% .00
Less: Cost of Administration (500,220)
Net 2Q2018 Receipts 40,788,679
Net 2Q2017 Receipts 45,079,011
Actual Percentage Change -9.5%
Business Activity Performance Analysis
Local Collections – Economic Basis 2Q2018 $46,852,686
Local Collections – Economic Basis 2Q2017 $45,218,431
Quarter over Quarter Change 1,634,255
Quarter over Quarter Percentage Change 3.6%
Avenu Insights & Analytics’ On-Going Audit Results
ATTACHMENT 1
4
RCTC
www.avenuinsights.com (800) 800-8181 Page 2
Total Recovered Year to Date $9,256,236
HISTORICAL CASH COLLECTIONS ANALYSIS BY QUARTER
TOP 25 SALES/USE TAX CONTRIBUTORS
The following list identifies RCTC’s Top 25 Sales/Use Tax contributors. The list is in alphabetical order and
represents sales from July 2017 to June 2018. The Top 25 Sales/Use Tax contributors generate 23.6% of
RCTC’s total sales and use tax revenue.
AMAZON.COM MACY'S DEPARTMENT STORE
ARCO AM/PM MINI MARTS MCDONALD'S
BEST BUY STORES RALPH'S GROCERY COMPANY
CARMAX THE AUTO SUPERSTORE ROSS STORES
CHEVRON SERVICE STATIONS SAM'S CLUB
CIRCLE K FOOD STORES SHELL SERVICE STATIONS
COSTCO WHOLESALE STATER BROS MARKETS
DEPT OF MOTOR VEHICLES TARGET STORES
FERGUSON ENTERPRISES USA SERVICE STATIONS
FOOD 4 LESS VERIZON WIRELESS
HOME DEPOT WAL MART STORES
5
RCTC
www.avenuinsights.com (800) 800-8181 Page 3
KOHL'S WALGREEN'S DRUG STORES
LOWE'S HOME CENTERS
6
RCTC
www.avenuinsights.com (800) 800-8181 Page 4
HISTORICAL SALES TAX AMOUNTS
ANNUAL SALES TAX BY BUSINESS CATEGORY
The following chart shows the sales tax level from annual sales through June 2018, the highs, and
the lows for each segment over the last two years in thousands of $.
7
RCTC
www.avenuinsights.com (800) 800-8181 Page 5
FIVE-YEAR ECONOMIC TREND: General Retail
8
RCTC: Sales Tax Performance Analysis by QuarterTOTALEconomicTOTAL2018Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆$46,852,686 3.6% $1,634,255 4.5% $7,961,770GENERAL RETAIL2018Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆$12,714,910 6.4% $768,361 3.8% $1,891,33627.1%FOOD PRODUCTS2018Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆$7,740,701 2.0% $148,192 4.4% $1,293,464% of Total: 16.5%TRANSPORTATION2018Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆$11,943,212 5.9% $667,452 5.2% $2,271,414% of Total: 25.5%CONSTRUCTION2018Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆$4,838,063‐0.4%‐$18,0736.1% $1,085,209% of Total: 10.3%BUSINESS TO BUSINESS2018Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆$7,402,603 1.7% $122,952 5.2% $1,438,391% of Total: 15.8%Q3 Q4 Q1 Q2TOTALCATEGORY% of 2018Q2 Total:QoQ = 18Q2 / 17Q2 YoY = YE 18Q2 / YE 17Q2$0$2,000,000$4,000,000$6,000,000$8,000,000$10,000,000$12,000,000$14,000,000$16,000,000$0$10,000,000$20,000,000$30,000,000$40,000,000$50,000,000$60,000,000ATTACHMENT 29
Quarterly Comparison of 2017Q2 and 2018Q2 ( April thru June Sales )General RetailFood ProductsTransportationConstructionB2BMisc.Apr ‐ Jun2018(2018Q2)Apr ‐ Jun2017(2017Q2)% Chg GainGainDeclineDeclineRIVERSIDE COUNTYBANNING15.7% 2.4% 18.9% 84.7% 26.9%‐0.1%618,274536,08615.3%Auto Sales ‐ New Misc. Vehicle Sales Health & Government LeasingBEAUMONT12.3% 3.1% 13.5% 0.2% 3.6%‐0.2%1,153,7371,066,2298.2%Department Stores Misc. Vehicle Sales LeasingLight IndustryBLYTHE14.2% 0.1% 0.1% 0.0% 1.8% 0.0%396,654383,6443.4%Drug StoresMiscellaneous Retail Furniture/Appliance Auto Parts/RepairCALIMESA15.7% 4.2% 1.7% 22.9% 69.7%‐0.2%192,053180,8046.2%Miscellaneous Retail Food Markets Auto Parts/Repair LeasingCANYON LAKE3.6% 12.4% 2.9%‐0.2% 46.8% 6.1%63,13457,26310.3%Restaurants Light Industry Heavy Industry Auto Parts/RepairCATHEDRAL CITY2.8% 2.3% 4.7% 0.8% 3.4% 0.0%2,077,9852,000,8313.9%Auto Sales ‐ New Misc. Vehicle Sales Auto Parts/Repair Food MarketsCOACHELLA15.9% 21.0% 1.6% 7.9% 16.7%‐42.8%883,250800,85510.3%Restaurants Food Markets Auto Sales ‐ Used Heavy IndustryCORONA 1.6% 3.2% 4.1% 2.9% 101.1% 0.0%10,011,2939,440,7756.0%Heavy Industry Department Stores RestaurantsBldg.Matls‐RetailDESERT HOT SPRINGS 0.8% 3.6% 12.9% 1.8% 3.1% 11.2%398,278375,3166.1%Service Stations RestaurantsDepartment Stores Bldg.Matls‐WhsleEASTVALE3.1% 0.2% 0.0% 0.1% 11.6% 87.0%1,959,9031,910,1902.6%Department Stores Office Equipment Heavy Industry Furniture/ApplianceHEMET0.8% 0.9% 4.1% 0.1% 1.8% 49.1%2,621,8532,569,6372.0%Service Stations Misc. Vehicle Sales RestaurantsAuto Parts/RepairINDIAN WELLS15.6% 4.0% 0.0% 71.3% 49.0%‐27.4%240,595220,8169.0%Miscellaneous Retail RestaurantsMiscellaneous Other Bldg.Matls‐RetailINDIO1.2% 3.8% 13.4% 0.0% 14.6% 0.0%2,943,3062,773,0376.1%Auto Sales ‐ New RestaurantsBldg.Matls‐Retail Misc. Vehicle SalesJURUPA VALLEY3.1% 1.2% 2.1% 29.7% 12.9% 25.2%2,603,6192,478,4315.1%Leasing Bldg.Matls‐Whsle Furniture/Appliance Health & GovernmentLA QUINTA5.3% 0.8% 12.1% 0.0% 8.1% 1.4%2,017,0631,928,4094.6%Department Stores Auto Sales ‐ New Bldg.Matls‐Retail Auto Parts/RepairLAKE ELSINORE1.4% 1.2% 3.8% 1.8% 7.4% 12.1%2,246,0602,195,8952.3%Auto Sales ‐ Used Drug StoresRestaurantsBldg.Matls‐RetailMENIFEE18.0% 1.3% 21.2% 0.5% 8.0% 12.6%1,928,0121,718,27412.2%Service Stations Department Stores Recreation Products Bldg.Matls‐RetailMORENO VALLEY1.0% 0.0% 5.0% 0.0% 6.9% 101.7%4,293,9734,208,1762.0%Auto Sales ‐ New Drug StoresMiscellaneous Retail RestaurantsMURRIETA 6.3% 7.9% 2.0% 2.4% 7.8% 87.7%4,166,4853,957,0955.3%Department Stores Food Markets Auto Parts/Repair Misc. Vehicle SalesNORCO 3.5% 3.2% 0.4% 232.1% 3.8% 189.4%1,631,2141,567,0614.1%Bldg.Matls‐Whsle Drug StoresBusiness Services Health & GovernmentPALM DESERT6.3% 7.4% 41.5% 26.2%‐18.2% 2.5%4,281,1153,921,6259.2%Bldg.Matls‐Whsle RestaurantsLeasingHealth & GovernmentPALM SPRINGS8.9%‐1.3% 4.8%‐5.7% 13.2% 4.7%3,051,8442,955,2893.3%Service Stations LeasingBldg.Matls‐Retail RestaurantsPERRIS 28.1% 0.6% 0.0% 2.9% 16.2% 51.8%4,165,4463,551,61917.3%Furniture/Appliance Miscellaneous Retail Bldg.Matls‐Retail Misc. Vehicle SalesRANCHO MIRAGE6.4% 10.8% 6.9% 0.0% 23.0% 0.0%1,298,8481,203,1258.0%Restaurants Miscellaneous Retail Apparel Stores Bldg.Matls‐RetailRIVERSIDE1.8% 2.3% 1.1% 19.2% 1.0% 0.0%14,287,72313,930,4782.6%Bldg.Matls‐Whsle Department Stores Apparel Stores Miscellaneous OtherSAN JACINTO4.3% 3.0% 0.2% 45.4% 12.2% 16.8%676,319653,9993.4%Drug StoresRestaurantsDepartment Stores Florist/NurseryTEMECULA2.2% 3.8% 0.8% 0.0% 1.6% 41.4%8,282,5438,131,0181.9%Food Markets Department Stores Heavy Industry Recreation ProductsWILDOMAR 14.0% 9.6% 4.6% 0.2% 102.9% 50.4%427,071389,4809.7%Restaurants Drug StoresApparel Stores Furniture/ApplianceRIVERSIDE COUNTY5.9% 1.7% 3.6% 9.3% 10.8% 6.2%6,940,6746,600,7685.1%Miscellaneous Retail Apparel Stores Florist/Nursery Health & GovernmentNon‐ConfidentialAvenu Insights & AnalyticsATTACHMENT 310
AGENDA ITEM 6B
Agenda Item 6B
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 31, 2019
TO: Riverside County Transportation Commission
FROM: Marlin Feenstra, Project Delivery Director
Bryce Johnston, Capital Projects Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Amendment to Agreement for the Construction Management Services of
La Sierra Parking Lot Expansion
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 16-24-080-02, Amendment No. 2 to Agreement
No. 16-24-080-00, with S2 Engineering to provide additional construction management
(CM), materials testing, and construction surveying services for the La Sierra Parking Lot
Expansion project for an additional amount of $90,000, and a total amount not to exceed
$838,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission.
BACKGROUND INFORMATION:
The La Sierra Parking Lot Expansion project located in the city of Riverside expanded the existing
parking lot at the La Sierra Station for both regional and commuter rail and bus passengers. It
provides approximately 495 additional parking spaces, six bus bays for Riverside Transit Agency
service, a new signalized access/driveway onto Indiana Avenue, landscaping, and a small storage
building and restroom facility for the transit operators and station security personnel.
In January 2017, the Commission approved Agreement No. 16-24-080-00 with S-2 Engineering
for CM services, material testing, and construction surveying services, for a total amount of
$598,400. In November 2018, Amendment No. 1 was executed under the Executive Director’s
single signature authority for an additional $150,000 to increase total Commission authorization
to $748,000.
While construction is substantially complete, with only minor punch list items remaining, the
construction management costs were higher than originally anticipated, due to a number of
factors:
1. Changes and coordination for utility relocations with Riverside Public Utilities and AT&T;
11
Agenda Item 6B
2. Additional coordination with the city of Riverside for building revisions, Americans with
Disabilities Act compliance, and traffic signal permits;
3. Additional change order work including additional fencing along Indiana Avenue to
enclose the entire facility;
4. Coordination for closed circuit security camera system interfaces; and
5. Extension of the construction period by approximately four months for the above
construction matters.
Staff has reviewed the estimate for the costs associated with the additional work required and
determined that the additional amount of $90,000 is fair and reasonable. Accordingly, staff
recommends approval of Amendment No. 2 for an additional amount of $90,000, and a total
amount not to exceed $838,000. Proposition 1B Public Transportation Modernization,
Improvement, and Service Enhancement Account (PTMISEA) funds are available to cover this
additional cost.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2018/19 Amount: $90,000
Source of Funds: Proposition 1B PTIMSEA Budget Adjustment: No
GL/Project Accounting No.: 653826 81302 00000 0000 265 33 81301
Fiscal Procedures Approved: Date: 01/22/2019
Attachment: Agreement No. 16-24-080-02 (draft)
12
17336.00610\31620927.2
Agreement No. 16-24-080-02
AMENDMENT NO. 2 TO AGREEMENT WITH
S2 ENGINEERING INC.
FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
LA SIERRA STATION PARKING LOT EXPANSION PROJECT
1. PARTIES AND DATE
This Amendment No. 2 to the Agreement for Construction Management Services
is made and entered into as of _____________, 2019, by and between the
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and
S2 ENGINEERING, INC. ("Consultant"), a California corporation.
2. RECITALS
2.1 The Commission and Consultant have entered into that certain Professional
Services Agreement for Construction Management Services, dated May 1,
2017, for the purpose of providing construction management services for
the La Sierra Station Parking Lot Expansion Project (the "Master
Agreement").
2.2 The Commission and Consultant have entered into Amendment No. 1,
dated November 30, 2018, for the purpose of providing additional
compensation to Consultant for continued construction management
services.
2.3 The parties now desire to amend the Master Agreement in order to provide
additional compensation to Consultant for continued construction
management services, for the reasons identified in the attached Exhibit “A”.
3. TERMS
3.1 The maximum compensation for Services performed pursuant to this
Amendment No. 2 shall not exceed Ninety Thousand Dollars ($90,000), as
further detailed in Exhibit “A” attached to this Amendment and incorporated
herein by reference.
3.2 The total contract value of the Master Agreement, as amended by this
Amendment No. 2, shall be Eight Hundred Thirty-Six Thousand Four
Hundred Thirty-Three Dollars ($836,433).
13
2
17336.00610\31620927.2
3.3 Except as amended by this Amendment No. 2, all provisions of the Master
Agreement, as amended by Amendment No. 1, including without limitation
the indemnity and insurance provisions, shall remain in full force and effect
and shall govern the actions of the parties under this Amendment.
3.4 This Amendment No. 2 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.5 This Amendment No. 2 may be signed in counterparts, each of which shall
constitute an original.
[Signatures on following page]
14
3
17336.00610\31620927.2
SIGNATURE PAGE
TO
AGREEMENT NO. 16-24-080-02
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the date first herein above written.
RIVERSIDE COUNTY S2 ENGINEERING INC.
TRANSPORTATION COMMISSION
By: _____________________________ By: _________________________
Anne Mayer, Executive Director Signature
__________________________
Name
__________________________
Title
APPROVED AS TO FORM: Attest:
By: _____________________________ By: ________________________
Best Best & Krieger LLP
Counsel to the Riverside County Its: ________________________
Transportation Commission
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer
or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
the Commission.
15
Exhibit A
17336.00610\31620927.2
EXHIBIT “A”
JUSTIFICATION FOR ADDITIONAL SERVICES AND COMPENSATION TERMS
[To be inserted behind this page]
16
AGENDA ITEM 6C
Agenda Item 6C
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 31, 2019
TO: Riverside County Transportation Commission
FROM: Alex Menor, Capital Projects Manager
Marlin Feenstra, Project Delivery Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Approval of Various Agreements for the Interstate 215/Placentia Avenue
Interchange Project
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 19-31-049-00 with County of Riverside (County) and Southern
California Regional Rail Authority (SCRRA) for construction and maintenance of the
Interstate 215/Placentia Avenue Interchange Project (Project) in the amount of
$1,121,000;
2) Approve Cooperative Agreement No. 19-31-019-00 between the Commission and city of
Perris (City) for enhanced landscaping and aesthetics;
3) Approve Cooperative Agreement No. 19-31-044-00 between the Commission and the City
for storm drain improvements and the Commission’s funding contribution for an amount
not to exceed $150,000;
4) Amend authorization for the Executive Director to execute utility agreements required
for the Project for an additional amount of $702,360, and a total amount not to exceed
$1,902,360;
5) Approve Agreement No. 19-31-055-00, a cooperative agreement between the
Commission and Caltrans, that defines the roles and responsibilities for Project
construction;
6) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission; and
7) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute all
future necessary non-funding interagency agreements on behalf of the Commission.
BACKGROUND INFORMATION:
The Mid County Parkway (MCP) project has been under development by the Commission since
2002. The purpose of the MCP project is to provide a transportation facility that effectively and
efficiently accommodates regional west-east movement of people, goods, and services between
and through the cities of Perris and San Jacinto. The Project in the City (see Attachment 1 for
project limits) is the first part of the MCP to proceed to construction.
17
Agenda Item 6C
In November 2016, the Commission awarded a contract to T.Y. Lin International (T.Y. Lin) to
perform final engineering services and prepare plans, specifications, and cost estimate (PS&E)
for the Project. The PS&E is anticipated to be completed by the end of June 2019 with
construction to begin spring 2020. To ready the Project for construction, several construction-
related agreements are required.
DISCUSSION:
SCRRA and County Construction and Management Agreement
SCRRA controls, administers, operates, and maintains the railroad track, track structures, signals,
communication systems, and appurtenances on the rail line known as the Perris Valley
Subdivision in the area traversed by Placentia Avenue. SCRRA will provide the Project with
construction services consisting of track inspections, track work, flagging services, and mandatory
railroad safety training to Commission, consultant, and contractor staff. The County maintains
the existing Placentia Avenue Overhead Bridge over the SCRRA tracks, and Commission staff will
be administering the Project construction. An agreement among the Commission, SCRRA, and
County is required to define each agency's responsibilities for the planned work and maintenance
after construction.
Staff recommends approval of Cooperative Agreement No. 19-31-049-00 among the
Commission, County, and SCRRA stipulating the Commission will reimburse SCRRA for costs
incurred on the Project for a not to exceed amount of $1,121,000.
Enhanced Landscaping and Aesthetics Funding Agreement
The City desires to contribute $1.5 million for enhanced landscaping and aesthetic features on
the Project, in accordance with the Commission’s policy. Therefore, staff recommends approval
of Cooperative Agreement No. 19-31-019-00 between the Commission and City stipulating the
City will contribute $1.5 million for enhanced landscaping and aesthetics to be constructed as
part of the commission's project.
Drainage Culvert Funding Contribution Agreement
The Project will include drainage basins that will hold peak storm water flows to reduce impact
to downstream facilities. Ultimately, the MCP project will include storm drain facilities to handle
all water runoff from the project and drain these basins; however, until the ultimate facilities are
constructed, a small storm drain will be required to drain the basins. Staff coordinated with the
City to include a 24-inch storm drain as part of the City’s Placentia Avenue Widening Project to
fill this need. The drainage culvert is estimated to cost $225,000, and the Commission's share of
this cost is $150,000. The cost sharing is based on the estimated Project drainage flow, which is
estimated to account for 2/3 of the storm drain usage, with the remaining 1/3 coming from runoff
from the City streets.
18
Agenda Item 6C
Staff recommends approval of Cooperative Agreement No. 19-31-044-00 between the
Commission and the City stipulating the Commission will contribute a maximum amount of
$150,000 toward the cost to install a 24-inch drainage culvert as part of the City’s Placentia
Avenue Widening Project between Indian Avenue and Perris Boulevard.
Utility Agreements
At its November 2016 meeting, the Commission authorized the Executive Director to execute
utility agreements required for the Project in an amount not to exceed $1.2 million. The Project
has secured utility agreements from Southern California Edison, Southern California Gas and
Eastern Municipal Water District for a total aggregate sum of $1,729,418, plus a 10 percent
contingency of $172,942, for a total not to exceed amount of $1,902,360. Staff recommends that
the Commission amend its prior authorization for an additional amount of $702,360 and a total
amount not to exceed $1,902,360 so that these agreements can be executed.
Caltrans Construction Cooperative Agreement
The Commission will be the implementing and responsible agency for administration of the
construction contract with Caltrans providing quality assurance reviews (oversight) of the
Project. Cooperative Agreement No. 19-31-055-00 between the Commission and Caltrans defines
the roles and responsibilities.
Staff recommends approval of Cooperative Agreement No. 19-31-055-00 between the
Commission and Caltrans to define the roles and responsibilities for the Project with the
Commission providing Project funding of $39,433,000 and Caltrans funding contribution from
Senate Bill 1 Local Partnership Program funds of $7,042,000. There is no direct cost related to
this cooperative agreement.
Interagency Agreements
During the construction phase, communication and coordination will be key with Project
stakeholders. Specifically, certain project stakeholders may be directly impacted by the Project.
These impacts may require the Commission to obtain an agreement, secure a Project approval,
or obtain a permit or license from a Project stakeholder. For these Project stakeholders, the
Commission will be negotiating interagency agreements during the construction phase.
Interagency agreements are anticipated with, but not limited, to the following agencies: United
States Army Corps of Engineers, United States Fish and Wildlife Service, California Department of
Fish and Wildlife, Riverside County Flood Control and Water Conservation Agency, Regional
Water Quality Control Board, County of Riverside, and city of Perris. Staff seeks Commission
authorization for the Chair or Executive Director to execute all future necessary non-funding
interagency agreements on behalf of the Commission.
19
Agenda Item 6C
Financial Impact
The Project’s costs for SCRRA construction services of $1,121,000, the drainage culvert funding
contribution of $150,000, and utility relocation costs of $1,902,360 aggregate to a total of
$3,173,360. These costs will be funded primarily with Transportation Uniform Mitigation Fee
(TUMF)-Community Environmental Transportation Accessibility Process (CETAP) program funds
and then 2009 Measure A Western County (WC) New Corridors Funds, to the extent required.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2018/19
FY 2019/20+ Amount: $300,000
$2,873,360
Source of Funds: TUMF-CETAP; 2009 Measure A WC
New Corridors
Budget
Adjustment:
No
N/A
GLA No.:
002317 81302 00000 0000 261 31 81301 $1,121,000
002317 81301 00000 0000 261 31 81301 $150,000
002317 81402 00000 0000 261 31 81402 $1,902,360
Fiscal Procedures Approved: Date: 01/22/2019
Attachments:
1) MCP – I-215/Placentia Avenue Interchange Project Map
2) Draft Agreement No. 18-31-049-00 with SCRRA and County
3) Draft Enhanced Landscaping and Aesthetics Contribution Cooperative Agreement No. 19-
31-019-00
4) Draft Drainage Culvert Contribution Cooperative Agreement No. 19-31-044-00
5) Draft Caltrans Cooperative Agreement No. 19-31-055-00
20
215
INTERSTATE
CALIFORNIA
Perris
Placentia Ave
Future Mid County Parkway
Placentia Ave
Add Signal Add Signal
Perris Widening
East Frontage Rd Extension
W Rider St
N Water Ave
Int
e
r
s
t
a
t
e
2
1
5
F
r
o
n
t
a
g
e
R
o
a
d Indian AveN Perris BlvdHarvill Ave
N
Drainage & Basin Work
MCP I-215/Placentia Avenue Interchange Project
Project Limits
21
ATTACHMENT 1
SCRRA File No. G0000938
SCRRA Project No. 860967
11-14-2018 Final Draft SCRRA
CONSTRUCTION AND MAINTENANCE AGREEMENT
for
PLACENTIA AVENUE OVERHEADWIDENING
between
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA)
and RIVERSIDE COUNTY TRANSPORTATION COMMISSION
Covering the CONSTRUCTION
and between
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA)
and COUNTY OF RIVERSIDE
Covering the future MAINTENANCE
at
SCRRA MP 80.23 – PERRIS VALLEY SUBDIVISION
DOT NO.: 027334L
CPUC NO.: 101PV-80.23-A
BRIDGE NO.: 56C-0450
in
RIVERSIDE COUNTY, CALIFORNIA
ATTACHMENT 2
22
CPUC No. 101PV-80.23-A Page | 1 Construction and Maintenaince Agreement
DOT No. 027334L Placentia Avenue OH
Construction and Maintenance Agreement
for
PLACENTIA AVENUE OVERHEAD WIDENING
_________________________________
CPUC No. 101PV-80.23-A
DOT No.: 027334L
MP PV-80.23 – PERRIS VALLEY SUBDIVISION
RIVERSIDE COUNTY, CALIFORNIA
This Construction and Maintenance Agreement ("AGREEMENT") is made and entered into
as of the __________ day of __________, 20___, by and between the SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of
California (hereinafter referred to as "SCRRA"), to be addressed at 900 Wilshire Blvd., Suite 1500,
Los Angeles, California 90017, the RIVERSIDE COUNTY TRANSPORTATION
COMMISSION, organized and existing under the laws of the State of California pursuant to
California Public Utilities Code Section 130050 et seq. (hereinafter referred to as
“COMMISSION”), to be addressed at Riverside County Transportation Commission, 4080 Lemon
St., 3rd Floor, P.O. Box 12008 Riverside, California 92502, and the COUNTY OF RIVERSIDE, a
political subdivision of the State of California (hereinafter referred to as COUNTY, to be addressed
at County of Riverside, Transportation Department, 4080 Lemon Street, 8th Floor, P.O. Box 1090,
Riverside, California 92502. Herein, SCRRA, COMMISSION, and COUNTY are collectively
referred to as the “PARTIES”.
RECITALS:
SCRRA is a five-county joint powers authority, created pursuant to California Public Utilities Code
Section 130255 and California Government Code Section 6500 et seq., to build, maintain,
administer, and operate the “METROLINK” commuter train system on railroad rights-of-way
23
CPUC No. 101PV-80.23-A Page | 2 Construction and Maintenaince Agreement
DOT No. 027334L Placentia Avenue OH
owned by the member agencies and through other shared use and joint operation agreements. The
five-county member agencies are comprised of the following: Los Angeles County Metropolitan
Transportation Authority (“LACMTA”), Ventura County Transportation Commission (“VCTC”),
Orange County Transportation Authority (“OCTA”), San Bernardino County Transportation
Authority (“SBCTA”), and COMMISSION.
SCRRA controls, administers, operates, and maintains the railroad track, structures, signals,
communication systems, and appurtenances on the rail line known as the Perris Valley Subdivision
in the area traversed by Placentia Avenue. SCRRA and the “Operating Railroads” [as used herein
“Operating Railroads" means any passenger or freight-related railroad company(s) operating on
SCRRA track(s), including the Burlington Northern Santa Fe (BNSF)] operate trains and rail
equipment through this crossing location on right-of-way owned by COMMISSION, in accordance
with Shared Use Agreements dated October 30, 1992, and the Agreement between SCRRA, its
Member Agencies, and the Burlington Northern Santa Fe (BNSF) otherwise known as the “Intercity
Agreement”.
SCRRA, COMMISSION and COUNTY are entering into this AGREEMENT to cover the
PROJECT as described in Article-2 of the AGREEEMENT and as contained in the Exhibits
attached hereto and made a part of this AGREEMENT.
AGREEMENT
NOW, THEREFORE, it is mutually agreed by and between the PARTIES hereto as follows:
ARTICLE 1 - LIST OF EXHIBITS
The exhibits below are attached to and made a part of this AGREEMENT as if set forth in
their entirety:
Exhibit A Standard Terms and Conditions
24
CPUC No. 101PV-80.23-A Page | 3 Construction and Maintenaince Agreement
DOT No. 027334L Placentia Avenue OH
Exhibit B-1 Description of Project
Exhibit B-2 Railroad Location Print
Exhibit B-3 Project Plans
Exhibit B-4 Project Specifications
Exhibit C-1 License for CROSSING AREA (?)
Exhibit C-2 Plat and Legal Description of CROSSING AREA (?)
Exhibit D-1 COMMISSION Scope of Work and Estimate (COMMISSION
WORK)
Exhibit D-2 SCRRA Scope of Work and Estimate (RAILROAD WORK)
Exhibit E Funding Schedule
Exhibit F CPUC Decision Granting Authority to Alter or Widen the Existing
Grade-separated Highway-Rail Crossing
ARTICLE 2 – DESCRIPTION OF PROJECT
2.1 The COMMISSION desires to widen the existing eastbound overhead bridge on the southerly
side a width of 37 feet 10.5 inches to 38 feet 1.5 inches (the “STRUCTURE”), along with
associated roadway improvements and appurtenances (collectively "the PROJECT") that will carry
vehicular traffic traversing on Placentia Street over SCRRA’s track(s) at Mile Post 80.23, on the
Perris Valley Subdivision in the County of Riverside, California as described in Exhibit B-1 and in
accordance with Exhibit A. The general arrangement, plan, section and location of the
STRUCTURE proposed by the COMMISSION are shown on the location print marked as Exhibit
B-2. The detailed plan(s) of the STRUCTURE and PROJECT upon acceptance by COUNTY and
SCRRA are to be included in this AGREEMENT and are collectively marked as Exhibit B-3. The
PROJECT also includes appropriate protection to communication and signal lines and
appurtenances, temporary track work, grading, preliminary and final design review, construction
engineering, inspection, and contract preparation.
ARTICLE 3 – PLANS AND SPECIFICATIONS
25
CPUC No. 101PV-80.23-A Page | 4 Construction and Maintenaince Agreement
DOT No. 027334L Placentia Avenue OH
3.1 The COMMISSION shall, at its sole cost and expense, prepare detailed Plans,
Specifications, and Estimates (the “PS&E”) for the PROJECT. The COMMISSION shall comply
with all COUNTY and SCRRA terms and conditions that are described in Exhibits E-1 through and
including E-3, all SCRRA Standards, Design and Construction Criteria and Guidelines and any
other special guidelines that SCRRA may provide to the COMMISSION for this PROJECT for any
work performed by COMMISSION or Contractor(s) for the COMMISSION.
3.2 The COMMISSION has worked with COUNTY and SCRRA throughout design
development and shall furnish and submit copies of the 100% and Conformed Contract plans and
specifications, along with the supporting calculations, to COUNTY and SCRRA prior to
construction commencement, for the review and approval of COUNTY and SCRRA, insofar as the
PROJECT affects the property, facilities, safety, operation, or interests of COUNTY and SCRRA.
3.3 The 100% PS&E shall include all appurtenances, associated drainage, shoring, sheeting, and
excavations for foundations, bents or abutments, walls and box culvert replacement next to or
adjacent to SCRRA’s tracks and, where applicable, all demolition and removal plans for any
existing structures. The COMMISSION shall make its submittals sufficiently in advance of the
final adoption of any element in the design to permit COUNTY and SCRRA a four (4) week period
for review, and to communicate any recommendations or to make any requests for revisions in the
PS&E where the interests of COUNTY and SCRRA are affected by the PROJECT.
3.4 The COMMISSION shall coordinate its designs with COUNTY and SCRRA designs for the
RAILROAD WORK, utilities, and any other third parties affected by the PROJECT. The
COMMISSION shall revise its PS&E as necessary, or upon notice by COUNTY and SCRRA, to
provide adequate clearances, provide access for future maintenance, and provide for the proper
location and functioning of signal and communication systems.
3.5 COUNTY and SCRRA will review the PS&E for general conformance with COUNTY and
SCRRA standards and requirements. SCRRA will give COMMISS ION final written approval of
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the plans and specifications substantially in the form of Exhibit B-5. COUNTY will give
COMMISSION final written approval of the plans and specifications, per COUNTY format. Upon
the final written approval of the plans and specifications by COUNTY and SCRRA, said plans and
specifications will become part of this AGREEMENT by reference. No changes in the final and
approved PS&E may be made unless COUNTY and SCRRA has consented to the proposed changes
in writing.
3.6 Approval by SCRRA shall mean only that the PS&E meet the standards of SCRRA, and
such approval by SCRRA shall not be deemed to mean that the PS&E or construction is structurally
sound and appropriate or that the PS&E meet applicable regulations, laws, statutes, local
ordinances, building codes, or any combination thereof.
3.7 Approval by COUNTY shall mean only that the PS&E meet the standards of COUNTY, and
such approval by COUNTY shall not be deemed to mean that the PS&E or construction is
structurally sound and appropriate or that the PS&E meet applicable regulations, laws, statutes,
local ordinances, building codes, or any combination thereof.
3.8 Upon completion of the PROJECT, the COMMISSION, at its sole cost and expense, shall
furnish one half-size set of plans depicting the as-constructed condition of the PROJECT and
appurtenances. In addition, the COMMISSION shall furnish one copy of the Specification and one
copy of the structural calculations of any railroad owned or maintained structures. The
COMMISSION shall furnish the drawings for COUNTY and SCRRA owned or maintained
facilities and structures electronically in an editable Microstation or AutoCAD file format. In
addition to the printed copies required above, the COMMISSION shall furnish a compact disc (CD)
or a Digital Versatile Disc (DVD) containing all of the construction and contract documents in
portable document format (PDF).
ARTICLE 4 –COUNTY and SCRRA REQUIREMENTS
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4.1 The COMMISSION at its sole cost and expense, shall comply, and ensure that its
employee(s), consultant(s), and contractor(s) comply, at all times when on the rail right-of-way,
with the rules and regulations, as contained in the current editions of the following documents,
which are otherwise known as “REFERENCES”, as incorporated in this document as if they were
set full in this paragraph, and incorporated in this AGREEMENT by reference. These documents
are described and can be accessed through SCRRA’s website www.metrolinktrains.com, as the
following:
• Temporary Right-of-Entry agreement, SCRRA Form No. 6
• Rules and Requirements for Construction on Railway Property, SCRRA Form No. 37
• SCRRA Bridge and Tunnel Safety Management Policy
• General Safety Regulations for Third Party Construction and Maintenance Activity on
SCRRA Member Agency Property
• Applicable SCRRA Engineering Standards, Criteria and Operational Guidelines
4. 2 The COMMISSION and all employee(s), consultant(s), and contractor(s) employed by the
COMMISSION shall ensure compliance to the terms and conditions of this AGREEMENT for
work specified in this Article. SCRRA requires all COMMISSION and COUNTY employee(s),
consultant(s) and contractor(s) working on the PROJECT to attend the SCRRA Third Party Safety
Training as a mandatory prerequisite to enter the railroad right-of-way and comply with the SCRRA
Safety Rules while on railroad property.
4.3 The COMMISSION shall notify SCRRA’s Railroad Protective Services Contractor a
minimum of three (3) weeks in advance of the daily Employee in Charge (EIC) requirements for
each week. Each EIC shift shall comprise of 8 hours of support with a period of up to one hour
either end of the shift solely for the purpose of establishing or taking down protection as required.
EIC support shall be required at all times for any work within the railroad right-of-way or with the
potential to foul the railroad.
4.4 SCRRA representatives may make inspections and conduct tests to judge the effectiveness
of the safety training, and compliance with SCRRA requirements, in accordance with SCRRA’s
Efficiency Testing Program, in compliance with 49 CFR 214 – Railroad Workplace Safety
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Regulations and SCRRA Third Party Work Rules. The COMMISSION's employee(s),
consultant(s), and contractor(s) shall cooperate with SCRRA, Federal, State and COUNTY
representatives at all times. Disregard for, or failure to comply with, the requirements of 49 CFR
214 – Railroad Workplace Safety regulations, or SCRRA third-party safety requirements, may
result in the removal of an offending individual(s) from the SCRRA Right-of-Way. Egregious or
repeated disregard for any safety rule or requirement may result in the termination of the Right-of-
Entry Agreement.
4.5 The COMMISSION will ensure that its Contractor fully protects the track and associated
infrastructure beneath any demolition activities that may be required upon the existing bridge, from
any potential concrete spillage, from CIDH piling arisings or other excavation arisings and to ensure
that any work above the railroad is fully protected so as to ensure that there is no potential for
materials or equipment to fall onto the right-of-way beneath. COMMISSION shall ensure that the
contractor does not store materials or equipment upon the right-of-way in proximity of the track,
that any material/equipment to be stored upon the right-of-way is first agreed with SCRRA and is
secured, that a clear access path for maintenance or emergency vehicles is maintained at all times
adjacent to tracks and that activities do not generate excessive dust.
4.6 The COMMISSION and its consultants and contractors shall obtain a no cost encroachment
permit from COUNTY for work performed in COUNTY right-of-way.
4.7 The COMMISSION will incorporate all requirements of this AGREEMENT into bid
documentation and the construction contract with the Contractor pertaining to responsibilities of the
contractor.
ARTICLE 5 – WORK AND ESTIMATE BY COMMISSION
5.1 The work to be performed by the COMMISSION is described in Exhibit D-1 –
COMMISSION Scope of Work and Estimate, (hereinafter referred to as " COMMISSION WORK")
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in the amount of Three Million Six Hundred Twenty Six thousand Seven Hundred Fifty Five
Dollars and Zero Cents ($3,626,000.00)
5.2 COMMISSION shall also make at its sole cost and expense any and all arrangements for the
installation or relocation of wire lines, pipe lines and other facilities owned by private persons,
companies, corporations, political subdivisions, or public utilities other than COUNTY and SCRRA
which may be necessary for the construction of the PROJECT.
5.3 The COMMISSION shall be at its sole cost and expense responsible for the removal of any
and all contaminated or hazardous material within the limits of the PROJECT and the CROSSING
AREA in accordance with applicable law or regulation.
5.4 The COMMISSION shall be responsible for all coordination, permits, licenses and
agreements required by Utility Companies, Third Parties and Statutory Authorities for the
construction and operation of the PROJECT.
5.5 The COUNTY is not responsible for cost sharing for the PROJECT.
ARTICLE 6 – WORK AND ESTIMATE BY SCRRA
6.1 The RAILROAD WORK to be performed by SCRRA, at the COMMISSION's sole cost and
expense, is described in Exhibit D-2 – SCRRA Scope of Work and Estimate, dated November 14th,
2018. SCRRA’s estimated cost for SCRRA's RAILROAD WORK associated with the PROJECT is
One Million, One Hundred and Twenty One Thousand Dollars and Zero Cents ($1,121,000.00).
6.2 Completion of any designs necessary for the RAILROAD WORK portion of the PROJECT,
and the acceptance of the estimate in Exhibit D-2, and the fifty (50%) percent deposit of any funds
due to SCRRA, are conditions precedent to issuing the Notice to Proceed with the RAILROAD
WORK.
6.3 Upon execution of this AGREEMENT, deposit fifty (50%) of the estimate contained in
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Appendix D-2, RAILROAD WORK portion of the PROJECT cost or Five Hundred Sixty Thousand
Five Hundred dollars and no cents ($560,500.00), with SCRRA. When the actual cost and expenses
incurred by SCRAA, including the estimate allocated overhead, reaches Five Hundred Thousand
dollars ($500,000.00), SCRRA shall notify COMMISSION in writing and the COMMISSION shall
deposit the remaining balance of the estimated RAILROAD WORK within 30 days of such
notification. Should the amounts on deposit be depleted before the RAILROAD WORK are
completed, SCRRA may stop work and will not commence until COMMISSION next deposit is
received.
6.4 SCRRA shall provide a Project Manager to support the PROJECT, attend progress
meetings, review work plans and schedules where the scope has the potential to affect SCRRA
operations or at the COMMISSION’s request, provide an overview of construction progress, ensure
railroad operational safety and compliance with SCRRA standards and procedures, support
inspections and final walk-through and to generally provide coordination between SCRRA, the
COMMISSION and the COMMISSION’s contractor.
6.5 SCRRA shall provide support services and coordination, including support of its track and
signal contractors, to facilitate the initial removal of a track panel and final replacement, testing and
return of track to service within a full track closure weekend work window to facilitate installation
of a box culvert to replace the existing drainage system beneath the tracks by COMMISSION’s
contractor
6.6 SCRRA shall provide a track inspector as necessary to monitor and ensure integrity of track
structure during adjacent piling activities.
6.7 The COUNTY is not responsible for cost sharing of the PROJECT.
ARTICLE 7 – CONSTRUCTION BY COMMISSION
7.1 COMMISSION shall furnish, or cause to be furnished, all labor, materials, tools equipment,
and superintendence for the performance of the COMMISSION WORK for which the
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COMMISSION is responsible. The COMMISSION shall also provide a full-time resident engineer
with experience in highway-railroad grade separation projects on the site of the work during
construction. The resident engineer must be an engineer licensed in the State of California, and
must have the authority to provide direction to the Contractor or Contractors employed by the
COMMISSION, and to commit the agency within a reasonable scope of authority. SCRRA, at the
cost and expense of the COMMISSION, may retain an inspector or engineer to make periodic
reviews of the work insofar as the interests of SCRRA are affected. The COUNTY, at COUNTY’s
cost, may make periodic reviews of the work insofar as the interest of COUNTY are affected.
Resident engineer shall coordinate the Contractor’s work schedule and progress with the SCRRA
PM to provide advance notifications of work window requirements, upcoming activities and to
ensure that the work does not impact SCRRA or freight railroad operations.
7.2 COMMISSION must supervise and inspect the operations of all Contractors employed by
the COMMISSION to assure compliance with the plans and specifications approved by COUNTY
and SCRRA, the terms of this AGREEMENT and all safety requirements of COUNTY and
SCRRA. If COUNTY/SCRRA determines that proper supervision and inspection is not being
performed by COMMISSION personnel at any time during construction of the PROJECT,
COUNTY/SCRRA has the right to stop construction within or adjacent to its operating right-of-
way. Construction of the PROJECT, within or adjacent to the COUNTY/SCRRA right-of-way, will
not proceed until COMMISSION corrects the objectionable condition or activity to the reasonable
satisfaction of COUNTY/SCRRA. If COUNTY/SCRRA believes that the condition or activity is
not being corrected in an expeditious manner, COUNTY/SCRRA will immediately notify
COMMISSION, and COMMISSION agrees to institute appropriate corrective action.
7.3 The COMMISSION shall incorporate the requirements of Exhibits A and E-1 through and
including E-3 into each prime contract for construction of the PROJECT. The COMMISSION shall
exercise its authority as a party to any contract for construction into which it enters, to ensure that
its Contractor conforms with the requirements described in Exhibits A and E-1 through and
including E-3, and to avoid delay or damage to COUNTY and SCRRA operations, right-of-way,
property, or other facilities, or the operations, property or facilities of others occupying or using
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SCRRA right-of-way. All work done by the COMMISSION, or its Contractor(s), on the right-of-
way of SCRRA shall be done in a manner satisfactory to COUNTY and SCRRA.
7.4 SCRRA and COMMISSION shall establish mutually agreeable work windows for the
PROJECT prior to advertising the PROJECT for bid. Currently there is no commuter or freight service
through the project area at the weekend and so absolute forty-eight (48) hour work windows are
potentially available for both tracks. Should there be any requirement for train operations through the
area at the weekend, then work will be limited to a window on one track only to allow train movement
under “Form B” protection upon the other track. Weekday working will require provision of “Form B’
protection. All work pertaining to lifting/installing bridge girders, CIDH casings or reinforcement cages,
erection of falsework or any work over the tracks with the potential for materials or equipment to fall
and foul the track shall be undertaken in night or weekend windows. Installation of a box culvert
beneath the tracks to replace the existing drainage system must be undertaken during a weekend
window with full track closure. COMMISSION shall ensure that its contractor(s) coordinate and
comply with EIC directions at all times, standing down and securing any equipment while a train passes
by. To facilitate scheduling for the PROJECT, COMMISSION shall require its Contractor or
Contractors to give SCRRA’s representative forty-five (45) days advance notice of the proposed times
and dates for any absolute work windows to which SCRRA has agreed in principle. Should, due to train
operations or service obligations or other reasons provided in this AGREEMENT, it become
impracticable to provide the work window on the dates established, SCRRA will provide the work
window at the next reasonable available opportunity. SCRRA shall not be responsible for any
additional costs and expenses resulting from a change in work windows.
7.5 The COMMISSION shall furnish copies of the Contractor-furnished submittals listed in
Exhibit E-2 to SCRRA for review and approval prior to proceeding with the work covered by the
submittal. Upon approval of the COMMISSION, the Contractor(s) may make the submittals directly to
SCRRA at the address provided in this AGREEMENT. SCRRA shall be allowed twenty (20) working
days to complete its review of any submittals.
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7.6 COMMISSION must advise the SCRRA Director of Engineering and Construction in writing,
of the completion date of the PROJECT within thirty (30) days after such completion date.
Additionally, COMMISSION must notify SCRRA's Director of Engineering and Construction in
writing, of the date on which COMMISSION and its Contractor(s) will meet with SCRRA for the
purpose of making final acceptance of the PROJECT. COMMISSION shall ensure that any outstanding
defects, omissions, site clean-up and removal of materials/equipment with the potential to affect
Railroad operations are immediately addressed to SCRRA’s satisfaction.
7.7 COMMISSION must advise the COUNTY Director of Transportation in writing, of the
completion date of the PROJECT within thirty (30) days after such completion date. Additionally,
COMMISSION must notify COUNTY's Director of Transportation in writing, of the date on which
COMMISSION and its Contractor(s) will meet with COUNTY for the purpose of making final
acceptance of the PROJECT. COMMISSION shall ensure that any outstanding defects, omissions, site
clean-up and removal of materials/equipment with the potential to affect COUNTY operations are
immediately addressed to COUNTY’s satisfaction.
ARTICLE 8 – SHOOFLY CONSTRUCTION (NOT USED)
ARTICLE 9 – TRACK STABILIZATION PERIOD (NOT USED)
ARTICLE 10 – DISTRIBUTION OF COSTS
10.1 The sources of funding for the PROJECT include state and local funds, attached hereto as
Exhibit E. The COMMISSION and SCRRA each agree to conform to all contracts, expenses and
invoicing for this PROJECT to meet the requirements of the funding contracts and agreements attached
to this AGREEMENT as Exhibit E. SCRRA acknowledges that certain funding is contingent upon
execution of this AGREEMENT. The COMMISSION shall furnish SCRRA copies of any funding
contracts or agreements into which the COMMISSION enters after the date of this AGREEMENT.
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10.2 The current rules, regulations and provisions of the Federal Aid Policy Guide as contained in
23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this AGREEMENT
by reference, and construction work by the COMMISSION and Contractor(s) shall be performed,
and any reimbursement to SCRRA for work it performs, shall be made in accordance with the
Federal Aid Policy Guide. If there is no corresponding closure of an existing grade crossing as part
of the PROJECT as provided in 23 CFR 646.210(b)(2), the PROJECT is of no ascertainable benefit
to SCRRA and SCRRA shall not be obligated to pay or contribute to any PROJECT costs.
10.3 Notwithstanding any provision of 23 CFR 210, or funding contract or agreement, the
COMMISSION agrees to assume, in accordance with 23 CFR 210 (d), all responsibility for any and
all share of the cost for which SCRRA might otherwise be responsible. SCRRA shall not, in any
event, be required to commit its own revenue or that of its member agencies to the PROJECT.
ARTICLE 11 – PAYMENT FOR SCRRA WORK
11.1 Upon the execution of this AGREEMENT, the COMMISSION shall deposit fifty percent
(50%) of the amount of the estimate contained in Exhibit D-2 – SCRRA Scope of Work and
Estimate with SCRRA (RAILROAD WORK). If at any time, the actual cost, including the
estimated allocated overhead, exceeds eighty percent (80%) of the amount deposited by the
COMMISSION, SCRRA may, in its sole discretion, revise its estimates of the amount of
RAILROAD WORK remaining, and the COMMISSION shall deposit any additional amounts in
excess of the original deposit with SCRRA.
11.2 SCRRA will submit quarterly statements of costs incurred by SCRRA for review by the
COMMISSION. The COMMISSION shall review the statement for conformance with the
applicable provisions of 48 CFR 31 or the requirements of the funding agreements contained in
Exhibit E within Seven (7) business days and provide SCRRA with written approval, comments
and/or objections in writing.
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11.3 Until SCRRA receives formal approval of its overhead rates, an estimated allocated
overhead rate will be provided for cost estimation and budgeting purposes. SCRRA will invoice
utilizing this estimated allocated overhead rate until the Federal Transit Administration, SCRRA’s
cognizant audit Agency, has approved the final rate at the completion of its audit, at which time
SCRRA will reconcile all previous invoices and make adjustments where appropriate. Upon
completion of the PROJECT, and after the SCRRA overhead rate for each period covering the
construction of the PROJECT is approved by the cognizant audit Agency, SCRRA will send the
COMMISSION a detailed statement of final costs, segregated as to labor and materials for each
item in the recapitulation shown on Exhibit D-2.
11.4 SCRRA, if it so elects, may recalculate and update the Estimate as contained in Exhibit D-2
submitted to the COMMISSION in the event the COMMISSION does not commence construction
on the portion of the PROJECT located on the right-of-way of SCRRA within six (6) months from
the date of the Estimate.
11.5 COMMISSION acknowledges that the Estimate as contained in Exhibit D-2 does include
an estimate of the flagging or other protective service costs provided by SCRRA that are to be paid
by COMMISSION in connection with the PROJECT.
11.6 COMMISSION acknowledges that by entering into this AGREEMENT, SCRRA will
provide services and accommodations to promote the public interest in the PROJECT without profit
or other economic benefit. Notwithstanding the amount of any estimate provided by SCRRA, the
COMMISSION agrees to reimburse SCRRA for one hundred percent (100%) of all actual costs
incurred by SCRRA in connection with the PROJECT including, but not limited to, actual costs of
engineering review, coordination, construction inspection, flagging or other protective service,
procurement of materials, equipment rental, manpower and deliveries to the job site and all of the
normal and customary additives applicable to SCRRA (which shall include direct and indirect
overhead costs) associated therewith.
ARTICLE 12 -- PERMIT TO CONSTRUCT STRUCTURE
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12.2 The COMMISSION shall obtain, including license for CROSSING AREA, EXHIBIT C-1, any
necessary easements or licenses, on, over, or under the real property necessary to permit the permanent
location and use of the improvements comprising the PROJECT.
ARTICLE 13 - CONTRACTOR'S RIGHT OF ENTRY PERMIT AND INSURANCE
13.1 Entry onto the SCRRA right-of-way by the COMMISSION or its Contractor(s) shall at all
times be subject to the then-current requirements for entering the SCRRA right-of-way and the
SCRRA procedures and requirements for securing railway flagging or other protective services.
13.2 Entry onto the COUNTY right-of-way by the COMMISSION or its Contractor(s) shall at
all times be subject to the then-current requirements for entering the COUNTY right-of-way. Cost
for permit shall be a no cost to COMMISSION, its Consultant(s) and Contractor(s).
13.3 The COMMISSION shall incorporate the provisions set forth in Exhibits A and Exhibit E-2
through and including Exhibit E-3, into each contract for construction of the PROJECT. The
COMMISSION shall further require that each of its Contractors comply with the requirements set forth
in Exhibits A and Exhibit E-2 through and including Exhibits E-3, to this AGREEMENT.
13.4 If the COMMISSION retains a Contractor(s) to perform any work involving the PROJECT
(including initial construction and any subsequent relocation or maintenance and repair work), the
COMMISSION shall require the Contractor(s) to:
a) Execute SCRRA "Form 6 – Right -of -Entry Agreement" or similar form of agreement
as adopted by SCRRA at the time that any future work is performed without
modification. A copy of Form 6 as currently adopted by SCRRA is included with
AGREEMENT as Exhibit E-3.
b) Furnish and provide the bonds, insurance policies, certificates, binders, endorsements or
combinations thereof in accordance with the insurance requirements accompanying
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SCRRA "Form 6 – Right –of-Entry Agreement" and as described in Exhibit E-3.
c) Furnish all SCRRA administrative and railroad protection service costs associated with
provision of the right-of-entry agreement and the contractor’s safe execution of the work
d) Furnish and provide the bonds, insurance policies, certificates, binders, endorsements or
combinations thereof in accordance with the insurance requirements of COUNTY.
13.5 The COMMISSION shall not allow any Contractor or Contractors to commence any work in
the CROSSING AREA or on any other portion of the SCRRA right-of-way until the contractor or
contractors have provided the required insurance and the right-of-entry is approved and signed by
SCRRA.
13.6 The COMMISSION shall not allow any Contractor(s) or consultants(s) to commence any
work in and portion of COUNTY right-of-way until contractor(s) or consultant(s) have provided
required insurance and the right-of entry is approved by COUNTY.
13.7 All insurance correspondence, binders, policies, certificates and/or endorsements shall be
sent to:
Christos Sourmelis
Coordinator, Right-of-Way
2558 Supply Street Building A, Pomona, California 91767
Email: sourmelisc@scrra.net
Phone: (909) 392-8463
SCRRA File No. G0000938
SCRRA Project No. 860967
13.8 The COMMISSION may not self-insure any portion of the insurance coverage for work
performed by the employees of the COMMISSION without the prior approval of SCRRA.
13.9 Under no circumstances will personnel, equipment, or material of a Contractor or the
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COMMISSION be allowed on the SCRRA right-of-way without providing the insurance required
by this article and arranging for flagging or other protective services.
ARTICLE 14 - MAINTENANCE OF COMPLETED STRUCTURE
14.1 SCRRA will accept, own, and maintain, at its sole cost and expense, the following portions
of the PROJECT:
a) The railroad roadbed, ballast, track and appurtenances;
b) The railroad signal and communication facilities and appurtenances;
c) The railroad maintenance roads located on the railroad right-of-way and on the
railroad side of access gates;
d) The railroad drainage structures;
e) Other facilities to which SCRRA accepts title whether constructed by
COMMISSION or SCRRA.
14.2 COUNTY OF RIVERSIDE(COUNTY) will own and maintain, at its sole cost and expense,
the following portions of the PROJECT:
a) The bridge superstructure, bridge seats, bearings, and bearing areas;
b) The bridge abutments, piers, backwalls, wingwalls, and connecting retaining walls;
c) The roadway including the roadway approaches and curbs, gutters, sidewalks and
appurtenances thereto;
d) The overpass and approach lighting;
e) The roadway drainage structures, storm drain laterals, and collecting storm drains;
f) The access roadways and gates necessary to reach SCRRA right-of-way; the
roadway signage and striping;
g) The railings and appurtenances for protection or benefit of vehicles and pedestrians;
h) All other work constructed by the PROJECT excepting that for which SCRRA is
responsible under this AGREEMENT or pursuant to law or regulation.
14.3 If the COUNTYelects to paint the bridge superstructure as part of the PROJECT, the
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COUNTY shall keep the bridge girders and superstructure painted as part of its maintenance
obligations.
14.4 The COUNTY shall keep the underside of the STRUCTURE, those portions of the
STRUCTURE visible from the roadway and tracks, and surrounding areas reasonably clean and
free from birds, pigeons, scavengers, vermin, creatures, and other animals. The COUNTY shall
keep the underside and all portions of the PROJECT free of graffiti.
14.5 The COMMISSION shall trim, mow, prune, remove, or otherwise control all vegetation
within COMMISSION right-of-way, including that which may encroach within the SCRRA right-
of-way from twenty feet (20 ft) from the center line of the tracks to the right-of-way.
ARTICLE 15 – EFFECTIVE DATE; TERM AND TERMINATION.
15.1 This AGREEMENT shall become effective as of the date signed by SCRRA and shall
continue in full force and effect for as long as the STRUCTURE remains within the Crossing Area.
15.2 In the event the COMMISSION does not commence construction on the portion of the
PROJECT located on the SCRRA CROSSING AREA within twelve (12) months of the
EFFECTIVE DATE of the AGREEMENT, SCRRA may, if it so elects, terminate this
AGREEMENT effective upon delivery of thirty (30) written notice to the COMMISSION.
15.3 SCRRA may suspend its performance, under this AGREEMENT, if it becomes
impracticable to proceed because of the lack of funding or restrictions on the distribution of funds.
15.4 If the AGREEMENT is terminated or suspended as provided above, or for any other reason,
the COMMISSION shall pay to SCRRA all actual costs incurred by SCRRA or its Contractor(s) in
connection with the PROJECT up to the date of termination or suspension, including, without
limitation, all actual costs incurred by SCRRA, including allocated overhead in connection with
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reviewing any preliminary or final PROJECT PS&E.
ARTICLE 16 - CONDITIONS PRECEDENT TO START OF WORK
16.1 Neither the COMMISSION nor any Contractor(s) retained by the COMMISSION may
commence any work within the Crossing Area or on any other SCRRA managed property
until:
a) SCRRA, COMMISSION, and COUNTY have executed this AGREEMENT.
b) SCRRA has provided to the COMMISSION, SCRRA’s written approval of the
PS&E.
c) COUNTY has provided to the COMMISSION, COUNTY written approval of
the PS&E.
d) Each Contractor(s) has executed SCRRA "Form No. 6 - Temporary Right-of-
Entry Agreement" and has obtained and provided to SCRRA the insurance policies,
certificates, binders, endorsements, or a combination thereof set forth in the "Form 6
– Temporary Right-of- Entry Agreement. Should the prime contractor elect to
provide insurance and indemnification for all of its subcontractors then only the
prime contractor shall obtain the Form No. 6 Right-of-Entry Agreement.
e) Each Contractor(s) and Consultant(s) has executed a COUNTY right-of entry
permit.
f) All required sums for payment of SCRRA engineering support and protective
services have been deposited with SCRRA.
ARTICLE 17 - INDEMNIFICATION
17.1 Neither SCRRA, nor the Operating Railroads, nor any of SCRRA’s board members, member
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agencies, officers, agents, volunteers, contractors, or employees shall be responsible for any damage or
liability occurring by reason of any acts or omissions on the part of COMMISSION and COUNTY
under or in connection with any aspect of the PROJECT, COMMISSION WORK, authority or
obligation agreed to by the COMMISSION under this AGREEMENT. COMMISSION and COUNTY
shall indemnify, defend and hold harmless SCRRA, any Operating Railroads, as identified by SCRRA,
as well as their respective board members, member agencies, officers, agents, volunteers, contractors,
and employees (“SCRRA Indemnitees”) from any and all liability, loss, expense (including reasonable
attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not
limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or
asserted against the SCRRA Indemnitees arising out of or connected with any negligent acts or
omissions on the part of COMMISSION or COUNTY, its council, officers, agents, contractors, or
employees under or in connection with any aspect of the PROJECT, COMMISSION WORK, authority
or obligation agreed to by the COMMISSION under this AGREEMENT. This indemnity shall survive
completion of the PROJECT, COMMISSION WORK, RAILROAD WORK and termination of this
AGREEMENT.
17.2 Neither COMMISSION, nor its council, officers, agents, contractors, or employees shall be
responsible for any damage or liability occurring by reason of any acts or omissions on the part of
SCRRA or Riverside County Transportation Department under or in connection with any
RAILROAD WORK, work, authority or obligation agreed to by SCRRA and COUNTY under this
AGREEMENT. SCRRA and COUNTY shall indemnify, defend and hold harmless
COMMISSION, as well as their respective council, officers, agents, contractors, and employees
(“COMMISSION Indemnitees”) from any and all liability, loss, expense (including reasonable
attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but
not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred
by or asserted against the COMMISSION Indemnitees arising out of or connected with any
negligent acts or omissions on the part of SCRRA or COUNTY, its board members, officers,
agents, volunteers, contractors or employees under or in connection with any aspect of the
RAILROAD WORK, work, authority or obligation agreed to by SCRRA and COUNTY under this
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AGREEMENT. This indemnity shall survive completion of the PROJECT, COMMISSION
WORK, RAILROAD WORK and termination of this AGREEMENT.
17.3 Neither the COUNTY, nor its board, officers, agents, contractors, or employees shall be
responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCRRA
or the COMMISSION under or in connection with any RAILROAD WORK, work, authority or
obligation agreed to by SCRRA and COMMISSION under this AGREEMENT. SCRRA and
COMMISSION shall indemnify, defend and hold harmless the COUNTY, as well as their respective
board, officers, agents, contractors, and employees (“COUNTY Indemnitees”) from any and all liability,
loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens,
damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or
property damage, that are incurred by or asserted against the SCRRA and COMMISSION Indemnitees
arising out of or connected with any negligent acts or omissions on the part of SCRRA and
COMMISSION, its board members, officers, agents, volunteers, contractors or employees under or in
connection with any aspect of the RAILROAD WORK, work, authority or obligation agreed to by
SCRRA under this AGREEMENT. This indemnity shall survive completion of the PROJECT,
COMMISSION WORK, RAILROAD WORK and termination of this AGREEMENT.
17.4 In contemplation of the provisions of Government Code §895.2 imposing certain tort liability
jointly upon public entities solely by reason of such entities being PARTIES to an agreement, as
defined in Government Code §895, each of the PARTIES hereto, pursuant to the authorization
contained in Government Code §895.4 and §895.6, will assume the full liability imposed upon it or
any of its officers, agents or employees by law for injury caused by any negligent or wrongful act or
omission occurring in the performance of this AGREEMENT to the same extent that such liability
would be imposed in the absence of §895.2 of such code. To achieve this purpose, each other agrees
to indemnify and hold harmless each other for any cost or expense that may be imposed upon each
other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if
incorporated herein.
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ARTICLE 18 -GENERAL PROVISIONS
18.1 This AGREEMENT shall continue in force and effect unless otherwise provided herein, until
mutual termination by the PARTIES or the elimination or removal of the grade separation (overpass),
whichever occurs first. The covenants and provisions of this AGREEMENT shall be binding upon and
inure to the benefit of the successors and assigns of COUNTY, COMMISSION, and SCRRA.
18.2 This AGREEMENT may be modified or amended only in writing. All modifications,
amendments, changes and revisions of this AGREEMENT, in whole or part and from time to time, shall
be binding upon the PARTIES, so long as the same shall be in writing and executed by the COUNTY,
COMMISSION and SCRRA.
18.3 This AGREEMENT and the exhibits attached hereto contain the entire understanding
between the PARTIES and supersede any prior written or oral understanding and agreement
between them regarding the subject matter of this AGREEMENT. There are no representations,
agreements, arrangements or understandings, oral or written, between the PARTIES relating to the
subject matter of this AGREEMENT, which are not fully expressed herein.
18.4 The PARTIES to the AGREEMENT shall maintain all records associated with the PROJECT
for the period of three (3) years from the date of the final invoice in accordance with 23 CFR 645. If
funding is provided by State and FHWA, under Section 130, the books pertaining to the work shall be
open to inspection and audit by representatives of the State and FHWA for three years after FHWA
payment of final invoice. Furthermore, each party shall make all records available for audit by SCRRA,
or COMMISSION, or State, or Federal auditors, or all or any combination. All audits are to be
performed in accordance with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31.
18.5 In addition to the specific provisions of this AGREEMENT, the delay in performance by any
party hereunder shall not be a default where delays or defaults are due to war; insurrection; strikes; lock-
outs; riots; floods; earthquakes; weather; fires; casualties; accidents; emergencies; acts of God; acts of
the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation;
unusually severe weather; Federally-mandated inspections and maintenance; and/or any other causes
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beyond the control or without the fault of the party claiming an extension of time for any such cause. An
extension of time for any such cause shall only be for the period of the enforced delay, which period
shall commence to run from the time of commencement of the cause. If, however, notice by the party
claiming such extension is sent to the other party more than thirty (30) days after the commencement of
the cause, the period shall commence to run only 30 days prior to the giving of such notice.
18.6 The execution and delivery of this AGREEMENT by each party and the consummation of the
transactions contemplated hereby are within the power of each party and have been duly authorized by
all necessary actions of each respective party.
18.7 In the event any part of this AGREEMENT is declared by a court of competent jurisdiction
to be invalid, void or unenforceable, such part shall be deemed severed from the remainder of the
AGREEMENT and the balance of the AGREEMENT shall remain in effect.
18.8 This AGREEMENT shall be construed and interpreted under the laws of the State of
California.
18.9 The article and section headings in this AGREEMENT are for convenience only and shall
not be used in its interpretation or considered part of this AGREEMENT.
18.10 Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed
to have been given when in the ordinary course it would be delivered. The representatives of the
PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom
notices, demands and communications shall be given, are as follows:
To COMMISSION To SCRRA
Mr. Alex Menor
Capital Project Manager
Mr. Justin Fornelli, P.E.
Director of Engineering & Construction
Riverside County Transportation
Commission
Southern California Regional Rail Authority
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4080 Lemon Street 2558 Supply Street, Bldg. A
Riverside, CA 92502 Pomona, CA 91767
amenor@rctc.org fornellij@scrra.net
951-787-7970 (949) 212-9779
To COUNTY
Ms. Cathy Wampler
Engineering Project Manager
County of Riverside - Transportation
Department
3525 14th Street
Riverside, CA 92501
cwampler@rivco.org
951-955-6803
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IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be duly executed in
by their duly qualified and authorized officials.
SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:________________________________
Ronnie Campbell
Interim Chief Executive Officer
Date: ______________________________
By: _______________________________
XXXX
XXXX
Date: ______________________________
APPROVED AS TO FORM:
By:_______________________________
Don O. Del Rio
General Counsel and Interim Chief
Executive Officer
Date: _____________________________
APPROVED AS TO FORM:
By:_______________________________
XXX
XXX
Date: _____________________________
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COUNTY OF RIVERSIDE
Approved by the
BOARD OF SUPERVISORS
By:
CHUCK WASHINGTON
Chairman of the Board
Date: ______________________________
Recommended for approval:
By:
PATRICIA ROMO
Director of Transportation
Date: ______________________________
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ATTEST:
By:
KECIA HARPER-IHEM
Clerk of the Board (SEAL)
Date: ______________________________
Approved as to Form:
GREGORY P. PRIAMOS
County Counsel
By:
KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel
Date: ______________________________
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Exhibit B-1
To Construction and Maintenance Agreement
for
PLACENTIA STREET OVERHEAD WIDENING
Description of Project
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Placentia Street Overhead Widening - Project Description
Riverside County Transportation Commission (RCTC) proposes to construct a new interchange
along Interstate 215 (I-215) at Placentia Avenue/Street in the City of Perris and the County of
Riverside. Placentia Avenue/Street is a primary arterial running eastbound-westbound and crosses I-
215 with an existing bridge structure but no interchange currently exists. Since the new interchange
ramps are adjacent to the railroad, the improvements will require widening of the existing bridge,
Placentia Street Overhead (OH), over the Southern California Regional Rail Authority (SCRRA)
tracks.
The existing Placentia Street OH was constructed in 1994 and is a 3-span, 3'-3" deep structure that
is approximately 125'-0" long. The project will widen the bridge by approximately 38’-2” to the
south.
The Placentia Street OH will carry four traffic lanes (two in each direction), bike lanes, sidewalk on
the north side, and an equestrian trail on the new widened south side. All the existing concrete
barriers will be replaced and meet SCRRA requirements.
The proposed bridge widening will have a vertical clearance of 22'-4", which will match the
existing vertical clearance being maintained with the project. This does not meet the CPUC General
Order (GO) 26-D minimum vertical clearance of 22'-6" and the SCRRA minimum vertical
clearance of 24'-0". This variance has been documented by SCRRA, and approval will be dependent
upon approval by the CPUC. The minimum horizontal clearance of 9'-6.5" from track centerline is
in compliance and will not require a variance.
END EXHIBIT B-1
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Exhibit D-1
To Construction and Maintenance Agreement
for
PLACENTIA STREET OVERHEAD WIDENING
Cover Sheet for Cost Estimate
for Work within Railroad Property
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I-215/Placentia Avenue Interchange Project
ENGINEER'S ESTIMATE OF PROBABLE COST (PRELIMINARY)
Work within Railroad Property Only
BID ITEM CONTRACT COST
ROADWAY ITEMS $570,000
STRUCTURE ITEMS $2,297,000
TOTAL BID ITEMS $2,867,000
CONTINGENCIES (10%) $286,700
SUBTOTAL $3,153,700
CONSTRUCTION SUPPORT (15%) $473,055
TOTAL PROJECT COSTS (WITHIN RAILROAD) $3,626,755
END EXHIBIT D-1
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Exhibit D-2
To Construction and Maintenance Agreement
for
PLACENTIA STREET OVERHEAD WIDENING
SCRRA Scope of Work and Estimate
(RAILROAD WORK)
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Months
Hours/month Hourly rate
Total
(fully burdened)
($)
A) SCRRA Staff & Consultants
Project Manager
27
20
$250
135,000.00
Inspector
20
20
$150
60,000.00
Admin/Contracts/
24
8
$250
48,000.00
Miscellaneous
B) SCRRA Contractors
Track
LS
50,000.00
Signal/Comms
LS
8,000.00
Flagging
20
22 shifts
$1,750/shift
770,000.00
RWP Training
20
2 classes
$1,000/class
40,000.00
Cable Marking
20
$500
10,000.00
$1,121,000.00
Notes:
1) Project construction schedule assumed to be 24 months with additional 3 months close-out.
2) Construction directly affecting Metrolink operations/infrastructure assumed to be 20 months
3) Track contractor to undertake track removal and replacement for new culvert construction
4) Signal/Comms to support track panel replacement and fiber line protection
5) The cost of the SCRRA services shown is an estimate only and RCTC will reimburse SCRRA on the
basis of actual costs and expenses
6) RCTC shall reimburse SCRRA the actual costs and expenses incurred by its contractors and consultants
for all services and work performed in connection with this project, including an allocated overhead
representing SCRRA's costs for administration and management
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17336.01112\31437680.6
RCTC Agreement No.: 19-31-019-00
COOPERATIVE AGREEMENT
BETWEEN
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
THE CITY OF PERRIS
FOR INSTALLATION OF CITY REQUESTED ENHANCED LANDSCAPING
AS PART OF THE I-215 PLACENTIA AVENUE INTERCHANGE
This Cooperative Agreement (“Cooperative Agreement”) is made and entered into
this _____ day of _________, 2019 by and between the Riverside County Transportation
Commission (“RCTC”) and the City of Perris (“CITY”). RCTC and the CITY are sometimes
referred to herein individually as “Party”, and collectively as “Parties”.
RECITALS
WHEREAS, RCTC is undertaking the Mid County Parkway project (“MCP”), which
includes improvements to the I-215 Placentia Avenue Interchange (“Placentia IC”).
WHEREAS, the Placentia IC project includes a certain level of aesthetics and
landscaping features, estimated at 3.5% of the construction cost of the Placentia IC
project.
WHEREAS, the CITY desires to contribute an additional $1.5 million to fund
enhanced Placentia IC project aesthetic improvements and landscaping to be included in
the Placentia IC work in the CITY.
WHEREAS, the “Project” as that term is used in this Cooperative Agreement shall
mean and refer to the installation of the enhanced aesthetics and landscaping in the CITY,
and related improvements necessary for the installation of the aesthetics and
landscaping, as further detailed in Exhibit “A” and “B”.
WHEREAS, it is the intent of the Parties to enter into this Cooperative Agreement
to establish and coordinate the responsibilities of the Parties with respect to the Project,
as further set forth herein.
WHEREAS, pursuant to the terms of this Cooperative Agreement, RCTC shall
complete the Project utilizing the same consultants and construction contractor
(“Contractor”) selected for completion of the Placentia IC project.
WHEREAS, the Parties acknowledge that RCTC has or shall fully comply with the
California Environmental Quality Act (CEQA) and all other applicable laws, as a
precondition to construction of the Project.
ATTACHMENT 3
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17336.01112\31437680.6
WHEREAS, the Placentia IC and the Project are also subject to a cooperative
agreement entered into between RCTC and the California Department of Transportation
(“Caltrans”). The Project shall be deemed complete upon Caltrans approval in
accordance with said cooperative agreement (“Caltrans contract acceptance”).
NOW THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged, it is mutually understood and agreed by RCTC and the CITY as
follows:
TERMS
1. Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Cooperative Agreement as though fully set forth herein.
2. Term. This Cooperative Agreement shall be effective as of the date first set
forth above, and shall continue in effect until the Project is accepted by the CITY (“Term”).
3. Agreement to Cooperate. The Parties agree to mutually cooperate in order
to help ensure that the Project is successfully completed with minimum impact to both
Parties, and the public.
3.1 The scope of work for the Project is attached to this Cooperative
Agreement as Exhibit “A” and “B”.
4. Obligations of the CITY.
4.1 CITY Review of Lowest Responsible Bid.
a. CITY shall be provided a copy of the lowest responsible,
responsive bid, as determined by RCTC.
b. In the event the lowest responsible bidder's construction
contract bid for the Project is greater than RCTC and CITY's funding commitments for the
Project, as set forth herein, RCTC and CITY shall meet and determine a course of action
to proceed. If CITY and RCTC do not agree in writing on a course of action within fifteen
(15) days, RCTC may reduce the level of landscaping and aesthetics so that the cost of
such improvements are within the Project funding commitment of $2,900,000 (“Total
Project Budget”).
4.2 CITY Deposit of Funds to RCTC for the Project.
a. The CITY shall deposit with RCTC in increments of Two
Hundred Fifty Thousand Dollars ($250,000) of the CITY’s share of Project costs to be
incurred under this Cooperative Agreement in an amount not to exceed $1,500,000.00 in
accordance with the cost allocation set forth in Exhibit “C”, attached hereto and
incorporated herein by this reference, and with the provisions below (“City Total
Contribution”) for the sole purpose of carrying out the Project.
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b. After commencement of Project work and CITY’S initial
deposit is depleted, RCTC shall submit to the CITY an invoice for an additional Two
Hundred Fifty Thousand Dollars ($250,000) of CITY’S share of the Project cost in an
amount not to exceed $1,500,000.00 in accordance with the cost allocation set forth in
Exhibit C. The invoice shall include a detail line-item charges for all necessary and actual
expenses relating to the Project work that is chargeable to the CITY that encumbered the
CITY’s deposited funds, pursuant to this Cooperative Agreement.
c. CITY shall independently review each deposit invoice
submitted by RCTC to determine whether the Project work performed and expenses
incurred are in compliance with the provisions of this Cooperative Agreement. Upon
request of CITY, RCTC shall provide the CITY with such records and information
evidencing the costs shown on the deposit invoice submitted to the CITY. Except as to
any charges for work performed or expenses incurred by RCTC which are disputed by
CITY, CITY will use its best efforts to have the requested funds deposited with RCTC
within forty-five (45) days of receipt of RCTC’s deposit invoice; however, RCTC
acknowledges and agrees that due to CITY warrant run procedures, the CITY cannot
guarantee that payment will occur within this time period. Review and payment by CITY
for any deposit invoice provided by RCTC shall not constitute a waiver of any rights or
remedies provided herein or any applicable law.
4.3 The Parties agree that the dollar amounts set forth in Exhibit “C” are
estimates. RCTC shall timely inform the CITY if the actual costs are anticipated to exceed
the CITY Total Contribution. If the CITY agrees to fund actual costs in excess of the City
Total Contribution, the Parties shall execute an amendment to this Agreement, and the
attached Exhibit “C” to reflect such additional funding, and the CITY shall timely deposit
the additional funding amount when invoiced by RCTC. If the CITY does not agree to
fund actual Project costs in excess of the CITY Total Contribution, RCTC shall have the
right to reduce the level of Project improvements so that the Project remains within the
Total Project Budget. This provision shall apply to the initial bid for the Project, and to
any change order work related to the Project that may arise during construction.
4.4 After RCTC opening of construction contract bids, the CITY shall
deposit the Two Hundred Fifty Thousand Dollars ($250,000) of the CITY Total
Contribution within thirty (30) days receipt of deposit invoice from RCTC.
4.5 The CITY may provide a CITY oversight engineer or other CITY staff
to oversee the Project work during plan preparation and construction, at its own cost.
4.6 The CITY shall process any required CITY encroachment permits
required for the Project at no cost to RCTC or the Contractor, provided that RCTC or the
Contractor, as the case may be, submits a complete application for such encroachment
permits consistent with CITY’s requirements. The determination on whether the
application is complete and whether an encroachment permit may be issued shall be
made by the CITY in its sole and absolute discretion pursuant to its municipal code,
policies, procedures, and any other applicable law.
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4.7 The CITY shall timely review design plans for the Project, and
provide any approvals or comments within thirty (30) days of receipt of the plans. If the
CITY fails to provide any comments or its approval within said time period, RCTC shall
provide notice to the Planning Manager and City Engineer of the CITY that the design
plans shall be deemed approved by the CITY if no comments are received within an
additional 15 days. The CITY shall inspect the Project upon written notice of completion
of the work by RCTC to the CITY, and shall provide approval or identify any punch list
work within fifteen (15) days.
4.8 Following the CITY’s approval of the Project’s completion of punch
list work and Caltrans contract acceptance of the Project, the CITY shall be solely
responsible and liable for the operation, maintenance and use of, including all subsequent
public use of, the Project, at no cost or expense to RCTC.
4.9 Following approval of this Cooperative Agreement, the CITY shall
seek to enter into any necessary agreements with Caltrans and County for maintenance
and operations and use of, including all subsequent public use of, the Project, at no cost
or expense to RCTC. However, RCTC shall cooperate, coordinate, and assist the CITY
in seeking to enter into the necessary agreements with Caltrans and the County for
maintenance and operations and use of, including all subsequent public use of, the
Project.
4.10 Following Caltrans contract acceptance of the Project, the CITY shall
be responsible for obtaining an encroachment permit from Caltrans and County to
perform any necessary landscaping maintenance work within Caltrans and County right
of way in relation to the Project.
5. Obligations of RCTC
5.1 RCTC shall be responsible for providing all services to complete the
Project, as identified in Exhibit “A” and Exhibit “B”, or as reasonably necessary for Project
completion. Such services include, but are not limited to, construction management and
inspections of the Project until the Project is accepted by Caltrans. RCTC shall utilize its
Placentia IC design consultant in order to prepare Plans, Specifications and Estimates
for enhanced aesthetics and landscaping at the I-215/Placentia Avenue interchange
based on the design requirements of Caltrans and the CITY, as depicted in Exhibit “A”,
Conceptual Landscaping Plan and Exhibit “B” Conceptual Aesthetic Plan.
5.2 RCTC shall be responsible for the process of selecting the
Contractor in compliance with all applicable local, state and federal laws;
5.3 RCTC shall be responsible for obtaining all applicable environmental
clearances and permits necessary to complete the Project.
5.4 RCTC’s share of the Project cost shall not exceed $1,400,000
(“RCTC Total Contribution”). In carrying out the Project, Project costs shall be paid in
equal shares out of the City Total Contribution and the RCTC Total Contribution.
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5.5 The City Total Contribution in Exhibit “C” shall not be modified
without the express prior written approval of the CITY. RCTC acknowledges and agrees
that, unless otherwise provided pursuant to a written amendment to this Cooperative
Agreement, the CITY’s financial contribution to the Project under this Cooperative
Agreement shall not exceed the City’s Total Contribution and that the City Total
Contribution shall only be used for the Project.
5.6 RCTC shall provide the CITY an opportunity to review and approve
all design documents for the Project prior to finalization of such design document for the
Project for public bidding purposes. Additionally, RCTC shall also provide the CITY an
opportunity to review and approve any changes to such design documents due any
necessary change orders occurring after commencement of work for the Project.
5.7 RCTC shall provide the CITY an opportunity to inspect the Project
work during construction at CITY cost.
5.8 In the event the CITY and RCTC are in disagreement with a design
standard or construction method for installation of aesthetics and landscaping, CITY
standards shall prevail for Project improvements in CITY right of way and STATE
standards shall prevail for Project Improvements in STATE right of way.
5.9 RCTC shall obtain or shall require the Contractor to obtain all
required permits and approvals for all Project work.
5.10 As between RCTC and the CITY, RCTC shall be responsible for
construction inspection of the Project work to ensure conformance with the construction
contract. RCTC shall allow CITY staff access to the Project site, upon reasonable notice,
to perform observation of any Project improvements. CITY inspectors shall communicate
any construction deficiencies during construction, including a final punch list, to RCTC for
completion.
5.11 RCTC shall assign any warranties for the Contractor’s work on the
Project to the CITY upon Caltrans contract acceptance of the Project.
6. For the period during which RCTC or the Contractor controls the Project job
site, RCTC shall require that the Contractor provide, for the entire period of construction,
insurance consistent with RCTC’s standard requirements, which conform to the Caltrans
Standard Specifications. RCTC shall require that the CITY be included as an additional
insured under such policies.
7. Dispute Resolution. Unless otherwise specified herein, the Parties shall
submit any unresolved dispute to RCTC’s Executive Director and the CITY's City
Engineer for negotiation. The Executive Director and the City Engineer agree to
undertake good faith attempts to resolve said dispute, claim, or controversy within ten
(10) calendar days after the receipt of written notice from the Party alleging that a dispute,
claim or controversy exists. The Parties additionally agree to cooperate with the other
Party in scheduling negotiation sessions. However, if said matter is not resolved within
thirty (30) calendar days after conducting the first negotiating session, either Party may,
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but is not required to, request that the matter be submitted to further dispute resolution
procedures, as may be agreed upon by the Parties.
8. Legal Action. If a matter is not resolved within thirty (30) calendar days after
the first negotiating session between the Executive Director and the City Engineer, unless
otherwise agreed upon in writing by the Parties, either Party may proceed with any other
remedy available in law or in equity.
9. Indemnification.
9.1 RCTC shall indemnify, defend and hold the CITY, its directors,
officials, officers, employees, agents, consultants and contractors free and harmless from
any and all claims, demands, causes of action, costs, expenses, liabilities, losses,
damages or injuries, in law or in equity, to property or persons, including wrongful death,
in any manner arising out of or incident to any negligent acts, omissions or breach of law,
or willful misconduct of RCTC, its officials, officers, employees, agents, consultants or
contractors in the performance of RCTC’s obligations under this Cooperative Agreement,
including the payment of all reasonable attorneys’ fees.
9.2 The CITY shall indemnify, defend and hold RCTC, its directors,
officials, officers, employees, agents, consultants and contractors free and harmless from
any and all claims, demands, causes of action, costs, expenses, liabilities, losses,
damages or injuries, in law or in equity, to property or persons, including wrongful death,
in any manner arising out of or incident to any negligent acts, omissions or breach of law,
or willful misconduct of the CITY, its officials, officers, employees, agents, consultants or
contractors in the performance of the CITY’s obligations under this Cooperative
Agreement, including the payment of all reasonable attorneys’ fees.
9.3 The indemnification provisions set forth in this Section 8 shall survive
any expiration or termination of this Cooperative Agreement.
10. RCTC Disclaimer. In no event shall RCTC be responsible or liable for the
quality, suitability, operability or condition of any design or construction by the Project
consultants or the Contractor, as applicable, and RCTC expressly disclaims any and all
express or implied representations or warranties with respect thereto, including any
warranties of suitability or fitness for use. This section shall not affect any warranties
provided to RCTC by its Contractor related to the Project and as assigned by RCTC to
the CITY pursuant to Section 5.10.
11. Force majeure. The failure of performance by either Party (except for
payment obligations) hereunder shall not be deemed to be a default where delays or
defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires;
casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions;
freight embargoes; lack of transportation; governmental restrictions; unusually severe
weather; inability to secure necessary labor, materials or tools; delays of any contractor,
subcontractor, railroad, or suppliers; acts of the other Party; acts or failure to act of any
other public or governmental agency or entity (other than that acts or failure to act of the
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Parties); or any other causes beyond the control or without the fault of the Party claiming
an extension of time to perform or relief from default. An extension of time for any such
cause shall be for the period of the enforced delay and shall commence to run from the
time of the commencement of the cause, if notice by the party claiming such extension is
sent to the other party within thirty (30) days of the commencement of the cause. Times
of performance under this Cooperative Agreement may also be extended in writing by
mutual agreement between the Parties.
12. Amendments. This Cooperative Agreement may be amended at any time
by the mutual consent of the Parties by an instrument in writing.
13. Assignment of Cooperative Agreement. Neither Party may assign or
transfer its respective rights or obligations under this Cooperative Agreement without the
express written consent of the other Party. Any purported assignment or transfer by one
Party without the express written consent of the other Party shall be null and void and of
no force or effect.
14. Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting Party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of either Party shall be deemed to waive or render
unnecessary such Party’s consent to or approval of any subsequent act of the other Party.
Any waiver by either Party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Cooperative
Agreement.
15. Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Cooperative Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Cooperative Agreement,
which shall be interpreted to carry out the intent of the parties hereunder.
16. Termination. Both RCTC and CITY shall have the right at any time, to
terminate this Cooperative Agreement, with or without cause, by giving thirty (30)
calendar days written notice to the other party, specifying the date of termination.
Notwithstanding the foregoing, following commencement of construction of the Project,
the CITY may only terminate this Cooperative Agreement for cause, after providing RCTC
notice of such cause, and reasonable opportunity to cure. In the event that this
Cooperative Agreement is terminated prior to completion of the Project, RCTC shall return
any unspent City deposited funds, after all costs incurred prior to the date of termination
are deducted, to the CITY and shall provide a full accounting, in a form and with
information required by the CITY, of all City Total Contribution funds spent and unspent
by RCTC in connection with this Cooperative Agreement and the Project within 45 days
of such termination. This full accounting shall include such other information that may be
reasonably requested by CITY.
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17336.01112\31437680.6
17. Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Cooperative Agreement, shall survive
any such expiration or termination.
18. Third Party Beneficiaries. There are no third-party beneficiaries to this
Cooperative Agreement.
19. Entire Agreement. This Cooperative Agreement contains the entire
agreement of the Parties relating to the subject matter hereof and supersedes all prior
negotiations, agreements or understandings.
[SIGNATURES ON FOLLOWING PAGE]
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17336.01112\31437680.6
SIGNATURE PAGE
TO
COOPERATIVE AGREEMENT NO. 19-31-019-00
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative
Agreement on the date first herein above written.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Anne Mayer, Executive Director
Approved as to Form:
By: _________________________
Best Best & Krieger LLP
General Counsel
CITY OF PERRIS
Approved by the
City Council
By:
Michael M. Vargas
Mayor
Recommended for approval:
By:
Grace I. Williams
Director of Planning and Economic
Development
ATTEST:
By:
Nancy Salazar
City Clerk (SEAL)
Approved as to Form:
Aleshire & Wynder, LLP
By:
Eric L. Dunn
City Attorney
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01006.0005/510518.3 10
17336.01112\31437680.6
66
01006.0005/510518.3 Exhibit A
17336.01112\31437680.6
EXHIBIT “A”
Conceptual Landscaping Plan
[attached behind this page]
67
01006.0005/510518.3 Exhibit B
17336.01112\31437680.6
EXHIBIT “B”
Conceptual Aesthetic Plan
[attached behind this page]
68
01006.0005/510518.3 Exhibit C
17336.01112\31437680.6
EXHIBIT “C”
COST ALLOCATION
Contract Item of Work Estimated
Landscaping
& Aesthetics
Cost
RCTC CITY
Aesthetic Features $ 410,000 $ $ 410,0000
Landscaping $2,200,000 $1,260,000 $ 940,000
Contingency $ 290,000 $ 140,000 $ 150,000
Total $2,900,000 $1,400,000 $1,500,000
RCTC contribution for Aesthetics and Landscaping shall be $1,400,000.
CITY’s contribution for Project shall not exceed $1,500,000.
69
1
17336.01100\31742283.2
RCTC Agreement No.: 19-31-044-00
COOPERATIVE AGREEMENT
BETWEEN
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
THE CITY OF PERRIS
FOR INSTALLATION OF STORM DRAIN IMPROVEMENTS
AS PART OF THE PLACENTIA AVENUE WIDENING PROJECT
This Cooperative Agreement (“Cooperative Agreement”) is made and entered
into this _____ day of _________, 2019 by and between the Riverside County
Transportation Commission (“RCTC”) and the City of Perris (“CITY”). RCTC and the
CITY are sometimes referred to herein individually as “Party”, and collectively as
“Parties”.
RECITALS
WHEREAS, the CITY is undertaking the Placentia Avenue Widening Project
(“Placentia Widening”).
WHEREAS, the Placentia Widening project includes the installation of certain
storm drain improvements in the CITY.
WHEREAS, the “Project” as that term is used in this Cooperative Agreement
shall mean and refer to the installation of the storm drain improvements in the CITY as
further detailed in Exhibit “A.”
WHEREAS, it is the intent of the Parties to enter into this Cooperative Agreement
to establish and coordinate the responsibilities of the Parties with respect to the Project,
as further set forth herein.
WHEREAS, pursuant to the terms of this Cooperative Agreement, CITY shall
complete the Project utilizing the same consultants and construction contractor
(“Contractor”) selected for completion of the Placentia Widening.
WHEREAS, the Parties acknowledge that CITY has or shall fully comply with the
California Environmental Quality Act (CEQA) and all other applicable laws, as a
precondition to construction of the Project.
NOW THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged, it is mutually understood and agreed by RCTC and the CITY as
follows:
ATTACHMENT 4
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2
17336.01100\31742283.2
TERMS
1. Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Cooperative Agreement as though fully set forth herein.
2. Term. This Cooperative Agreement shall be effective as of the date first
set forth above, and shall continue in effect until the Project is complete (“Term”).
3. Agreement to Cooperate. The Parties agree to mutually cooperate in order
to help ensure that the Project is successfully completed with minimum impact to both
Parties and the public.
3.1 The scope of work for the Project is attached to this Cooperative
Agreement as Exhibit “A.”
4. Obligations of RCTC.
4.1 RCTC Review of Lowest Responsible Bid.
a. CITY shall provide RCTC a copy of the lowest responsible,
responsive bid, as determined by CITY. RCTC shall have a right to review all bids
received by the CITY upon request.
b. In the event the lowest responsible bidder's construction
contract bid for the Project is greater than RCTC and CITY's funding commitments for
the Project, as set forth herein, RCTC and CITY shall meet and determine a course of
action to proceed. If CITY and RCTC do not agree in writing on a course of action within
fifteen (15) days, the CITY shall attempt to reduce the total Project cost to be within the
Project funding commitment of $225,000 (“Total Project Budget”).
4.2 RCTC Reimbursement of CITY for the Project.
a. RCTC shall deposit funds with the CITY for RCTC’s share of
Project costs to be incurred under this Cooperative Agreement in an amount not to
exceed $150,000 in accordance with the cost allocation set forth in Exhibit “B”, attached
hereto and incorporated herein by this reference, and with the provisions below (“RCTC
Total Contribution”) for the sole purpose of carrying out the Project.
4.3 The Parties agree that the dollar amounts set forth in Exhibit “B” are
estimates. The CITY shall timely inform RCTC if the actual costs are anticipated to
exceed RCTC’s Total Contribution. If RCTC agrees to fund actual costs in excess of
RCTC’s Total Contribution, the Parties shall execute an amendment to this Agreement,
and the attached Exhibit “B” to reflect such additional funding, and RCTC shall timely
deposit the additional funding amount with the CITY. If RCTC does not agree to fund
actual Project costs in excess of RCTC’s Total Contribution, the CITY shall have the
right to reduce the level of Project improvements so that the Project remains within the
Total Project Budget. This provision shall apply to the initial bid for the Project, and to
any change order work related to the Project that may arise during construction.
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4.4 RCTC shall timely review design plans for the Project, and provide
any comments within thirty (30) days of receipt of the plans. If the RCTC fails to provide
any comments within said time period, City shall provide notice to the RCTC Executive
Director that the design plans shall be deemed approved by the CITY if no comments
are received within an additional 15 days.
4.5 After CITY opening of construction contract bids and identification
of the lowest qualified bidder, RCTC shall deposit RCTC’s Total Contribution within
thirty (30) days receipt of written notice from the CITY.
4.6 RCTC may provide an RCTC oversight engineer or other RCTC
staff to oversee the Project work during plan preparation and construction, at its own
cost.
4.7 RCTC shall inspect the Project upon written notice of completion of
the work by the CITY to RCTC, and identify any punch list work within fifteen (15) days.
5. Obligations of CITY
5.1 The CITY shall be responsible for providing all services to complete
the Project, as identified in Exhibit “A”, or as reasonably necessary for Project
completion. Such services include, but are not limited to, completion of final design
plans, construction management, and inspections of the Project until the Project is
complete.
5.2 The CITY shall be responsible for the process of selecting the
Contractor in compliance with all applicable local, state and federal laws;
5.3 The CITY shall be responsible for obtaining all applicable
environmental clearances and permits necessary to complete the Project.
5.4 The CITY’s share of the Project cost shall not exceed $75,000
(“CITY Total Contribution”). In carrying out the Project, Project costs shall be paid in
equal shares out of the CITY Total Contribution and the RCTC Total Contribution.
5.5 The CITY acknowledges and agrees that, unless otherwise
provided pursuant to a written amendment to this Cooperative Agreement, RCTC’s
financial contribution to the Project under this Cooperative Agreement shall not exceed
the RCTC’s Total Contribution and that the RCTC Total Contribution shall only be used
for the Project.
5.6 CITY shall provide RCTC an opportunity to review and approve all
design documents for the Project prior to finalization of such design document for the
Project for public bidding purposes. Additionally, CITY shall also provide RCTC an
opportunity to review and approve any changes to such design documents due any
necessary change orders occurring after commencement of work for the Project.
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5.7 CITY shall provide RCTC an opportunity to inspect the Project work
during construction.
5.8 CITY shall obtain or shall require the Contractor to obtain all
required permits and approvals for all Project work.
5.9 As between RCTC and the CITY, the CITY shall be soley
responsible for construction inspection of the Project work to ensure conformance with
the construction contract. CITY shall allow RCTC staff access to the Project site, upon
reasonable notice, to perform observation of any Project improvements. RCTC
inspectors shall communicate any construction deficiencies during construction,
including a final punch list, to CITY for completion.
5.10 The CITY shall own the Project and shall be solely responsible and
liable for the operation, maintenance and use of the Project, at no cost or expense to
RCTC.
5.11 The CITY shall provide a final accounting to RCTC within forty-five
(45) days after Project Completion.
5.12 The CITY shall refund any unused portion of the RCTC Total
Contribution to RCTC within sixty (60) days after Project Completion.
5.13 The CITY shall retain all records related to the Project and this
Cooperative Agreement (“Records”) for a period of three (3) years following Project
Completion. The Records shall be available for inspection by RCTC upon request.
5.14 For the period during which CITY or Contractor controls the Project
job site, CITY shall require that the Contractor provide, for the entire period of
construction, insurance consistent with CITY’s standard requirements. CITY shall
require that RCTC be included as an additional insured under such policies. CITY shall
require that RCTC be included as an indemnified party under the indemnification
provision included in the CITY’s construction contract.
6. Dispute Resolution. Unless otherwise specified herein, the Parties shall
submit any unresolved dispute to RCTC’s Executive Director and the CITY's Engineer
for negotiation. The Executive Director and the CITY’s Engineer agree to undertake
good faith attempts to resolve said dispute, claim, or controversy within ten (10)
calendar days after the receipt of written notice from the Party alleging that a dispute,
claim or controversy exists. The Parties additionally agree to cooperate with the other
Party in scheduling negotiation sessions. However, if said matter is not resolved within
thirty (30) calendar days after conducting the first negotiating session, either Party may,
but is not required to, request that the matter be submitted to further dispute resolution
procedures, as may be agreed upon by the Parties.
7. Legal Action. If a matter is not resolved within thirty (30) calendar days
after the first negotiating session between the Executive Director and the CITY’s
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17336.01100\31742283.2
Engineer, unless otherwise agreed upon in writing by the Parties, either Party may
proceed with any other remedy available in law or in equity.
8. Indemnification.
8.1 RCTC shall indemnify, defend and hold the CITY, its directors,
officials, officers, employees, agents, consultants and contractors free and harmless
from any and all claims, demands, causes of action, costs, expenses, liabilities, losses,
damages or injuries, in law or in equity, to property or persons, including wrongful death,
in any manner arising out of or incident to any negligent acts, omissions or breach of
law, or willful misconduct of RCTC, its officials, officers, employees, agents, consultants
or contractors in the performance of RCTC’s obligations under this Cooperative
Agreement, including the payment of all reasonable attorneys’ fees.
8.2 The CITY shall indemnify, defend and hold RCTC, its directors,
officials, officers, employees, agents, consultants and contractors free and harmless
from any and all claims, demands, causes of action, costs, expenses, liabilities, losses,
damages or injuries, in law or in equity, to property or persons, including wrongful death,
in any manner arising out of or incident to any negligent acts, omissions or breach of
law, or willful misconduct of the CITY, its officials, officers, employees, agents,
consultants or contractors in the performance of the CITY’s obligations under this
Cooperative Agreement, including the payment of all reasonable attorneys’ fees.
8.3 The indemnification provisions set forth in this Section 8 shall
survive any expiration or termination of this Cooperative Agreement.
9. Force majeure. The failure of performance by either Party (except for
payment obligations) hereunder shall not be deemed to be a default where delays or
defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires;
casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions;
freight embargoes; lack of transportation; governmental restrictions; unusually severe
weather; inability to secure necessary labor, materials or tools; delays of any contractor,
subcontractor, railroad, or suppliers; acts of the other Party; acts or failure to act of any
other public or governmental agency or entity (other than that acts or failure to act of the
Parties); or any other causes beyond the control or without the fault of the Party
claiming an extension of time to perform or relief from default. An extension of time for
any such cause shall be for the period of the enforced delay and shall commence to run
from the time of the commencement of the cause, if notice by the party claiming such
extension is sent to the other party within thirty (30) days of the commencement of the
cause. Times of performance under this Cooperative Agreement may also be extended
in writing by mutual agreement between the Parties.
10. Amendments. This Cooperative Agreement may be amended at any time
by the mutual consent of the Parties by an instrument in writing.
11. Assignment of Cooperative Agreement. Neither Party may assign or
transfer its respective rights or obligations under this Cooperative Agreement without
74
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17336.01100\31742283.2
the express written consent of the other Party. Any purported assignment or transfer by
one Party without the express written consent of the other Party shall be null and void
and of no force or effect.
12. Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting Party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of either Party shall be deemed to waive or render
unnecessary such Party’s consent to or approval of any subsequent act of the other
Party. Any waiver by either Party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Cooperative Agreement.
13. Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Cooperative Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Cooperative Agreement,
which shall be interpreted to carry out the intent of the parties hereunder.
14. Termination. Both RCTC and CITY shall have the right at any time, to
terminate this Cooperative Agreement, with or without cause, by giving thirty (30)
calendar days written notice to the other party, specifying the date of termination.
Notwithstanding the foregoing, following commencement of construction of the Project,
RCTC may only terminate this Cooperative Agreement for cause, after providing CITY
notice of such cause, and reasonable opportunity to cure. In the event that this
Cooperative Agreement is terminated prior to completion of the Project, CITY shall
return any unspent RCTC Total Contribution funds, after all costs incurred prior to the
date of termination are deducted, to RCTC and shall provide a full accounting, in a form
and with information required by RCTC, of all RCTC Total Contribution funds spent and
unspent by CITY in connection with this Cooperative Agreement and the Project within
45 days of such termination. This full accounting shall include such other information
that may be reasonably requested by RCTC.
15. Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Cooperative Agreement, shall survive
any such expiration or termination.
16. Third Party Beneficiaries. There are no third-party beneficiaries to this
Cooperative Agreement.
17. Entire Agreement. This Cooperative Agreement contains the entire
agreement of the Parties relating to the subject matter hereof and supersedes all prior
negotiations, agreements or understandings.
75
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17336.01100\31742283.2
[Signatures on following page]
76
8
17336.01100\31742283.2
SIGNATURE PAGE
TO
COOPERATIVE AGREEMENT NO. 19-31-044-00
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative
Agreement on the date first herein above written.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Anne Mayer, Executive Director
Approved as to Form:
By: _________________________
Best Best & Krieger LLP
General Counsel
CITY OF PERRIS
Approved by the
City Council
By:
Michael M. Vargas
Mayor
Recommended for approval:
By:
Grace I. Williams
Director of Planning and Economic
Development
ATTEST:
By:
Nancy Salazar
City Clerk (SEAL)
Approved as to Form:
Aleshire & Wynder, LLP
By:
Eric L. Dunn
City Attorney
77
Exhibit A
17336.01100\31742283.2
EXHIBIT “A”
Scope of Work
TO
COOPERATIVE AGREEMENT NO. 19-31-044-00
Installation of approximately 2,600 foot 24” culvert as part of CITY Placentia Avenue
Widening Project between Indian Avenue and Perris Boulevard.
78
01006.0005/510518.3 Exhibit B
17336.01100\31742283.2
79
Exhibit B
17336.01100\31742283.2
EXHIBIT “B”
COST ALLOCATION
TO
COOPERATIVE AGREEMENT NO. 19-31-044-00
The cost share for the Project shall be as follows:
2/3 RCTC cost, up to the RCTC maximum share.
1/3 City cost.
Contract Item of Work Estimated
Cost
RCTC
Maximum
Share
CITY
Storm pipe improvements $ 225,000 $ 150,000 $ 75,000
Total $ 225,000 $ 150,000 $ 75,000
RCTC’s contribution for the Project shall not exceed $150,000.
80
Agreement 08-1678
Project No. 0817000014, EA 0F3211
08-RIV-215-R28.7 – F30.3
Project Development Agreement 2017-02-17 (Created April 10, 2018)i
COOPERATIVE AGREEMENT DRAFT
This AGREEMENT, effective on _______________________________, is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
Riverside County Transportation Commission, a public corporation/entity, referred to
hereinafter as RCTC.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State
Highway System per the California Streets and Highways Code sections 114 and 130.
2. For the purpose of this AGREEMENT, CONSTRUCT AN INTERCHANGE ON I-215 FROM
0.3 MILES SOUTH OF PERRIS BOULEVARD TO 0.5 MILES NORTH OF OLEANDER
AVENUE OVERCORSSING AT PLACENTIA AVENUE OVERCROSSING IN THE CITY OF
PERRIS will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined
in the project initiation and approval documents (e.g. Project Study Report, Permit Engineering
Evaluation Report, or Project Report).
3.All obligations and responsibilities assigned in this AGREEMENT to complete the following
PROJECT COMPONENT will be referred to hereinafter as WORK:
•CONSTRUCTION
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a
distinct group of activities/products in the project planning and development process.
ATTACHMENT 5
81
Agreement 08-1678
Project No. 0817000014, EA 0F3211
08-RIV-215-R28.7 – F30.3
Project Development Agreement 2017-02-17 (Created April 10, 2018) 2
4. The term AGREEMENT, as used herein, includes this document and any attachments,
exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative
agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral
understanding or writings pertaining to the WORK. The requirements of this AGREEMENT
will preside over any conflicting requirements in any documents that are made an express part
of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or
are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other
AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be
automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written
amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.
However, all indemnification, document retention, audit, claims, environmental commitment,
legal challenge, maintenance and ownership articles will remain in effect until terminated or
modified in writing by mutual agreement or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
• RCTC approved the Environmental Impact Report on April 15, 2015.
• Federal Highway Administration approved the Environmental Impact Statement on April
15, 2015 and issued a record of decision in August 2015.
• RCTC is developing the R/W Certification (Cooperative Agreement No. 08-1603).
• RCTC is developing the Plans, Specifications and Estimate on August 15, 2019
(Cooperative Agreement No. 08-1603).
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
82
Agreement 08-1678
Project No. 0817000014, EA 0F3211
08-RIV-215-R28.7 – F30.3
Project Development Agreement 2017-02-17 (Created April 10, 2018) 3
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the
financial resources to fund the WORK. A SPONSOR is responsible for securing additional
funds when necessary or implementing PROJECT changes to ensure the WORK can be
completed with the funds obligated in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual,
will be approved by CALTRANS as the owner/operator of the State Highway System.
9. RCTC will SPONSOR the WORK included in this AGREEMENT in the following
percentages:
PROJECT COMPONENT CALTRANS RCTC
CONSTRUCTION 0% 100%
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost,
schedule, and quality of the work activities and products of a PROJECT COMPONENT.
• RCTC is the Construction IMPLEMENTING AGENCY.
CONSTRUCTION work includes construction contract administration,
surveying/staking, inspection, quality assurance, and assuring regulatory compliance.
The CONSTRUCTION component budget identifies the capital costs of the construction
contract/furnished materials (CONSTRUCTION Capital) and the cost of the staff work in
support of the construction contract administration (CONSTRUCTION Support).
11. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality
Management Plan (QMP) for the WORK in that component. The Quality Management Plan
describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The
Quality Management Plan will include a process for resolving disputes between the PARTIES
at the team level. The Quality Management Plan is subject to CALTRANS review and
approval.
83
Agreement 08-1678
Project No. 0817000014, EA 0F3211
08-RIV-215-R28.7 – F30.3
Project Development Agreement 2017-02-17 (Created April 10, 2018) 4
12. Any PARTY responsible for completing WORK will make its personnel and consultants that
prepare WORK available to help resolve WORK-related problems and changes for the entire
duration of the PROJECT including PROJECT work that may occur under separate
agreements.
Funding
13. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment
details are documented in the Funding Summary section of this AGREEMENT.
PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in
its entirety, each time the funding details change. Funding Summary replacements will be
executed by a legally authorized representative of the respective PARTIES. The most current
fully executed Funding Summary supersedes any previous Funding Summary created for this
AGREEMENT.
14. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT.
If IMPLEMENTING AGENCY anticipates that funding for the WORK will be insufficient to
complete the WORK, the IMPLEMENTING AGENCY will promptly notify the SPONSOR.
15. Unless otherwise documented in the Funding Summary, overall liability for project costs
within a PROJECT COMPONENT will be in proportion to the amount contributed to that
PROJECT COMPONENT by each fund type.
16. Federally ineligible work shall not be paid with a Federal or Local-Federal fund type, or the
portion of a non-Federal fund type used as a match for a Federal or Local-Federal fund type.
PARTIES shall ensure any fund type used for federally ineligible work will not exceed
proportional share of fund type within PROJECT COMPONENT.
17. Unless otherwise documented in the Funding Summary, any savings recognized within a
PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in
proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
18. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid
from the funds obligated in the Funding Summary. Costs that are specifically excluded from
the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs
from funds that are independent of this AGREEMENT.
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CALTRANS’ Quality Management
19. CALTRANS, as the owner/operator of the State Highway System, will perform quality
management work including independent quality assurance (IQA) and owner/operator
approvals for the portions of WORK within the existing and proposed State Highway System
right-of-way.
20. CALTRANS’ independent quality assurance (IQA) efforts are to ensure that RCTC's quality
assurance results in WORK that is in accordance with the applicable standards and the
PROJECT’s quality management plan (QMP). An IQA does not include any efforts necessary
to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs IQA it does so for its own benefit. No one can assign liability to
CALTRANS due to its IQA.
21. CALTRANS, as the owner/operator of the State Highway System, will approve WORK
products in accordance with CALTRANS policies and guidance and as indicated in this
AGREEMENT.
22. RCTC will provide WORK-related products and supporting documentation upon
CALTRANS’ request for the purpose of CALTRANS’ quality management work.
CEQA/NEPA Lead Agency
23. RCTC is the CEQA Lead Agency for the PROJECT.
24. FHWA is the NEPA Lead Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
25. PARTIES will comply with the commitments and conditions set forth in the environmental
documentation, environmental permits, approvals, and applicable agreements as those
commitments and conditions apply to each PARTIES responsibilities in this AGREEMENT.
26. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a
PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated
with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits,
agreements, and approvals whether they are identified in the planned project scope of work or
become necessary in the course of completing the PROJECT.
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27. The PROJECT requires the following environmental permits/approvals:
ENVIRONMENTAL PERMITS/REQUIREMENTS
404, US ARMY Corps of Engineers
401, Regional Water Quality Control Board
1602 California Department of Fish and Wildlife
National Pollutant Discharge Elimination System (NPDES), State Water Resources Control
Board
State Waste Discharge Requirements (Porter Cologne), Regional Water Quality Control Board
CONSTRUCTION
28. As the CONSTRUCTION IMPLEMENTING AGENCY, RCTC is responsible for all
CONSTRUCTION WORK except those activities and responsibilities that are assigned to
another PARTY and those activities that are excluded under this AGREEMENT.
29. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT
activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT
Funded Cost
100.20.10.xx Quality Management No
30. Physical and legal possession of the right-of-way must be completed prior to advertising the
construction contract, unless PARTIES mutually agree to other arrangements in writing.
31. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES
mutually agree to other arrangements in writing.
32. RCTC will award the construction contract to the lowest responsive bidder who makes a Good
Faith Effort to meet the DBE goal.
33. CALTRANS will not issue an Encroachment Permit to RCTC for construction work until the
following conditions are met:
• CALTRANS accepts the final plans, specifications, and estimate
• CALTRANS accepts the Right-of-Way Certification
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• Any new or amended Maintenance Agreement required for the WORK are executed.
• Any new or amended Freeway Agreement required for the WORK are executed.
34. RCTC will require the construction contractor to furnish payment and performance bonds
naming RCTC as obligee, and CALTRANS as additional obligee, and to carry liability
insurance in accordance with CALTRANS Standard Specifications.
35. RCTC will advertise, open bids, award, and approve the construction contract in accordance
with the California Public Contract Code and the California Labor Code. By accepting
responsibility to advertise and award the construction contract, RCTC also accepts
responsibility to administer the construction contract.
36. If the lowest responsible construction contract bid is greater than the funding commitment to
CONSTRUCTION CAPITAL, PARTIES must agree in writing on a course of action within
fifteen (15) working days. If no agreement is reached within fifteen (15) work days the
IMPLEMENTING AGENCY will not award the construction contract.
37. CALTRANS will not issue an Encroachment Permit to RCTC's construction contractor until
CALTRANS accepts:
• The payment and performance bonds
• The CONSTRUCTION Quality Management Plan
38. The CONSTRUCTION Quality Management Plan will describe how construction material
verification and workmanship inspections will be performed at manufacturing sources and the
PROJECT job-site. The construction material and source inspection Quality Management Plan
is subject to review and approval by the State Materials Engineer.
39. The CONSTRUCTION Quality Management Plan will address the radiation safety
requirements of the California Code of Regulations 17 CCR § 30346 when the work requires
Gamma-Gamma Logging acceptance testing for Cast in Drilled Hole (CIDH) pile or whenever
else it is applicable. In accordance with these regulations RCTC, as the "well operator", will
have a written agreement with any consultant or external entity performing these tests.
40. RCTC will provide a Resident Engineer and CONSTRUCTION SUPPORT staff that are
independent of the construction contractor. The Resident Engineer will be a Civil Engineer,
licensed in the State of California, who is responsible for construction contract administration
activities.
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41. RCTC will implement changes to the construction contract through Change Orders. PARTIES
will review and concur on all Change Orders over $100,000.
42. CALTRANS will review and concur with:
• Change Orders affecting public safety, public convenience, protected environmental
resources, the preservation of property, all design and specification changes, and all
major changes as defined in the CALTRANS Construction Manual. These Change
Orders must receive written concurrence by CALTRANS prior to implementation.
• The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan
(WPCP).
43. If CONSTRUCTION CAPITAL is funded with state or federal funds then RCTC will
administer and process all construction contract claims using a CALTRANS-approved process.
CALTRANS will provide quality management work for the claims process.
44. RCTC is designated as the Legally Responsible Person pursuant to the Construction General
Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as
defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the
Legally Responsible Person as mandated by the Construction General Permit. RCTC is
required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination
System (NPDES) permit for all work within the State Highway System.
45. RCTC may request CALTRANS to complete portions of CONSTRUCTION SUPPORT work
as reimbursed engineering services. Should CALTRANS agree to perform the requested
services, PARTIES will document the arrangement in a written Task Order. Such an
arrangement does not change the responsibilities assigned in this AGREEMENT. Engineering
services requested by RCTC and provided by CALTRANS during CONSTRUCTION are to be
reimbursed from the funds obligated in this AGREEMENT.
46. As the CONSTRUCTION IMPLEMENTING AGENCY, RCTC is responsible for
maintenance of the State Highway System within the PROJECT limits as part of the
construction contract until the following conditions are met:
• Any required Maintenance Agreements are executed for the portions of State Highway
System for which relief of maintenance is to be granted.
• CALTRANS approves a request from RCTC for relief from maintenance of the
PROJECT or a portion thereof.
47. PARTIES confirm that upon WORK completion, no maintenance agreement will be necessary.
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48. Upon WORK completion, ownership or title to all materials and equipment constructed or
installed for the operations and/or maintenance of the State Highway System within State
Highway System right-of-way as part of WORK become the property of CALTRANS.
CALTRANS will not accept ownership or title to any materials or equipment constructed or
installed outside State Highway System right-of-way.
49. Within one hundred eighty (180) calendar days following the completion and acceptance of the
PROJECT construction contract, RCTC will furnish CALTRANS with a complete set of “As-
Built” plans and Change Orders, including any changes authorized by CALTRANS, on a CD
ROM and in accordance with CALTRANS’ then current CADD User’s Manual (Section 4.3),
Plans Preparation Manual, and CALTRANS practice. The plans will have the Resident
Engineer’s name, contract number, and construction contract acceptance date printed on each
plan sheet, and with the Resident Engineer’s signature only on the title sheet. The As-Built
plans will be in Microstation DGN format, version 7.0 or later. In addition, RCTC will provide
one set of As-Built plans and addenda in TIFF format.
The submittal must also include all CALTRANS requested contract records, and land survey
documents. The land survey documents include monument preservation documents and
Records of Surveys prepared to satisfy the requirements of the California Land Surveyors Act
(Business and Professions Code sections 8700 – 8805). Copies of survey documents and
Records of Surveys filed in accordance with Business & Professions Code, including sections
8762 and 8771, will contain the filing information provided by the county in which filed.
Schedule
50. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to
ensure compliance with any environmental permits, right-of-way agreements, construction
contracts, and any other commitments. PARTIES will communicate schedule risks or changes
as soon as they are identified and will actively manage and mitigate schedule risks.
51. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES
with a final report of the WORK completed.
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Additional Provisions
Standards
52. PARTIES will perform all WORK in accordance with federal and California laws, regulations,
and standards; FHWA standards; and CALTRANS standards. CALTRANS standards include,
but are not limited to, the guidance provided in the:
• CADD User’s Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Construction Manual
• Construction Manual Supplement for Local Agency Resident Engineers
• Local Agency Structure Representative Guidelines
Noncompliant Work
53. CALTRANS retains the right to reject noncompliant WORK. RCTC agrees to suspend
WORK upon request by CALTRANS for the purpose of protecting public safety, preserving
property rights, and ensuring that all WORK is in the best interest of the State Highway
System.
Qualifications
54. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or
licensed to perform the tasks assigned to them.
Consultant Selection
55. RCTC will invite CALTRANS to participate in the selection of any consultants that participate
in the WORK.
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Encroachment Permits
56. CALTRANS will issue, upon proper application, the encroachment permits required for
WORK within State Highway System right-of-way. Contractors and/or agents, and utility
owners will not work within the State Highway System right-of-way without an encroachment
permit issued in their name. CALTRANS will provide encroachment permits to PARTIES,
their contractors, consultants and agents, and utility owners at no cost. If the encroachment
permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
57. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare,
obtain, implement, renew, and amend any encroachment permits needed to complete the
WORK.
Protected Resources
58. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other
protected resources during WORK, all WORK in that area will stop and that PARTY will
notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified
professional has evaluated the nature and significance of the discovery and CALTRANS
approves a plan for its removal or protection.
Disclosures
59. PARTIES will hold all administrative drafts and administrative final reports, studies, materials,
and documentation relied upon, produced, created, or utilized for the WORK in confidence to
the extent permitted by law and where applicable, the provisions of California Government
Code section 6254.5(e) will protect the confidentiality of such documents in the event that said
documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than
employees, agents, and consultants who require access to complete the WORK without the
written consent of the PARTY authorized to release them, unless required or authorized to do
so by law.
60. If a PARTY receives a public records request pertaining to the WORK, that PARTY will
notify PARTIES within five (5) working days of receipt and make PARTIES aware of any
disclosed public documents. PARTIES will consult with each other prior to the release of any
public documents related to the WORK.
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Hazardous Materials
61. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by
the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any
necessary manifest requirements and disposal facility designations are referred to herein as
HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
62. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other
PARTIES.
63. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the
existing State Highway System right-of-way. CALTRANS will undertake, or cause to be
undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1
found within the existing State Highway System right-of-way with funds that are independent
of the funds obligated in this AGREEMENT.
64. If HM-1 is found within the PROJECT limits and outside the existing State Highway System
right-of-way, responsibility for such HM-1 rests with the owner(s) of the parcel(s) on which
the HM-1 is found. RCTC, in concert with the local agency having land use jurisdiction, will
ensure that HM-1 MANAGEMENT is undertaken with minimum impact to Project schedule.
The cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside
the existing State Highway System right-of-way will be paid from funds that are independent
of the funds obligated in this AGREEMENT and will be the responsibility of the owner(s) of
the parcel(s) where the HM-1 is located.
65. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2
MANAGEMENT within the PROJECT limits.
66. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is
found will proceed in accordance with CALTRANS’ policy on such acquisition.
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Claims
67. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle,
or litigate claims arising from the WORK without concurrence from the other PARTY.
68. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or
responsibility under this AGREEMENT in order to retain resolution possibilities for potential
future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES
confer on the claim.
69. If the WORK expends state or federal funds, each PARTY will comply with the federal
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to
participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.
When state or federal funds are expended on the WORK these principles and requirements
apply to all funding types included in this AGREEMENT.
Accounting and Audits
70. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate
in WORK will maintain, a financial management system that conforms to Generally Accepted
Accounting Principles (GAAP), and that can properly accumulate and segregate incurred
PROJECT costs and billings.
71. PARTIES will maintain and make available to each other all WORK-related documents,
including financial data, during the term of this AGREEMENT.
PARTIES will retain all WORK-related records for three (3) years after the final voucher.
PARTIES will require that any consultants hired to participate in the WORK will comply with
this Article.
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72. PARTIES have the right to audit each other in accordance with generally accepted
governmental audit standards.
CALTRANS, the state auditor, FHWA (if the PROJECT utilizes federal funds), and RCTC
will have access to all WORK -related records of each PARTY, and any consultant hired by a
PARTY to participate in WORK, for audit, examination, excerpt, or transcription.
The examination of any records will take place in the offices and locations where said records
are generated and/or stored and will be accomplished during reasonable hours of operation.
The auditing PARTY will be permitted to make copies of any WORK-related records needed
for the audit.
The audited PARTY will review the draft audit, findings, and recommendations, and provide
written comments within thirty (30) calendar days of receipt.
Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or
invoice as necessary in order to satisfy the obligation of the audit.
Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the
process described in the General Conditions section of this AGREEMENT.
73. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in
accordance with the Single Audit Act in the federal Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
74. When a PARTY reimburses a consultant for WORK with state or federal funds, the
procurement of the consultant and the consultant overhead costs will be in accordance with
Chapter 10 of the Local Assistance Procedures Manual.
Interruption of Work
75. If WORK stops for any reason, each PARTY will continue to implement the obligations of this
AGREEMENT, including the commitments and conditions included in the environmental
documentation, permits, agreements, or approvals that are in effect at the time that WORK
stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgements and Settlements
76. The cost of awards, judgments, or settlements generated by the WORK are to be paid from the
funds obligated in this AGREEMENT.
77. The cost of legal challenges to the environmental process or documentation may be paid from
the funds obligated in this AGREEMENT.
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78. Any PARTY who action or lack of action causes the levy of fines, interest, or penalties will
indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Environmental Compliance
79. If during performance of WORK additional activities or environmental documentation is
necessary to keep the PROJECT in environmental compliance, PARTIES will amend this
AGREEMENT to include completion of those additional tasks.
GENERAL CONDITIONS
Venue
80. PARTIES understand that this AGREEMENT is in accordance with and governed by the
Constitution and laws of the State of California. This AGREEMENT will be enforceable in the
State of California. Any PARTY initiating legal action arising from this AGREEMENT will
file and maintain that legal action in the Superior Court of the county in which the
CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior
Court of the county in which the PROJECT is physically located.
Exemptions
81. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of
resources by the Legislature, the State Budget Act authority, and the allocation of funds by the
California Transportation Commission.
Indemnification
82. Neither CALTRANS nor any of their officers and employees, are responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by RCTC, its
contractors, sub-contractors, and/or its agents under or in connection with any work, authority,
or jurisdiction conferred upon RCTC under this AGREEMENT. It is understood and agreed
that RCTC, to the extent permitted by law, will defend, indemnify, and save harmless
CALTRANS and all of their officers and employees from all claims, suits, or actions of every
name, kind, and description brought forth under, but not limited to, tortious, contractual,
inverse condemnation, or other theories and assertions of liability occurring by reason of
anything done or omitted to be done by RCTC, its contractors, sub-contractors, and/or its
agents under this AGREEMENT.
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83. Neither RCTC nor any of their officers and employees, are responsible for any injury, damage,
or liability occurring by reason of anything done or omitted to be done by CALTRANS, its
contractors, sub-contractors, and/or its agents under or in connection with any work, authority,
or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and
agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save
harmless RCTC and all of their officers and employees from all claims, suits, or actions of
every name, kind, and description brought forth under, but not limited to, tortious, contractual,
inverse condemnation, or other theories and assertions of liability occurring by reason of
anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or
its agents under this AGREEMENT.
Non-parties
84. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties,
obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend
this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling
the WORK different from the standards imposed by law.
85. PARTIES will not assign or attempt to assign obligations to entities not signatory to this
AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
86. RCTC will not interpret any ambiguity contained in this AGREEMENT against CALTRANS.
RCTC waives the provisions of California Civil Code section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a
continuous waiver of any other provision.
87. A delay or omission to exercise a right or power due to a default does not negate the use of that
right or power in the future when deemed necessary.
Defaults
88. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request
in writing that the default be remedied within thirty (30) calendar days. If the defaulting
PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
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Dispute Resolution
89. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as
described in the Quality Management Plan. If they cannot resolve the dispute themselves, the
CALTRANS district director and the executive officer of RCTC will attempt to negotiate a
resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate
mediation. PARTIES agree to participate in mediation in good faith and will share equally in
its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely
performance of the WORK in accordance with the terms of this AGREEMENT. However, if
any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to
ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or
forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the
CALTRANS district office signatory to this AGREEMENT resides or in the Superior Court of
the county in which the PROJECT is physically located.
90. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a
previously selected remedy does not achieve resolution.
Prevailing Wage
91. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is
construction, alteration, demolition, installation, or repair; or maintenance work under Labor
Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all
applicable provisions of California Code of Regulations found in Title 8, Division 1, Chapter 8,
Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts
for public work and require contractors to include the same prevailing wage requirements in all
subcontracts.
Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing
Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to
federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-
Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
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When applicable, PARTIES will include federal prevailing wage requirements in contracts for
public works. WORK performed by a PARTY’s employees is exempt from federal prevailing
wage requirements.
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DEFINITIONS
PARTY – Any individual signatory party to this AGREEMENT.
PARTIES – The term that collectively references all of the signatory agencies to this
AGREEMENT.
WORK BREAKDOWN STRUCTURE (WBS) – A WBS is a standardized hierarchical listing of
project work activities/products in increasing levels of detail. The CALTRANS WBS defines
each PROJECT COMPONENT as a group of work activities/products. The CALTRANS
Work Breakdown Structure is defined in the CALTRANS Workplan Standards Guide.
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SIGNATURES
PARTIES are empowered by California Streets and Highways Code to enter into this
AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT
on behalf of the respective agencies and covenants to have followed all the necessary legal
requirements to validly execute this AGREEMENT.
Signatories may execute this AGREEMENT through individual signature pages provided that each
signature is an original. This AGREEMENT is not fully executed until all original signatures are
attached.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Janice Benton
District Director
VERIFICATION OF FUNDS AND
AUTHORITY:
Name Mary Risaliti
District Budget Manager
CERTIFIED AS TO FINANCIAL TERMS
AND POLICIES:
_
Darwin Salmos
HQ Accounting Supervisor
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
NOT FOR SIGNATURE AT THIS TIME
Anne Mayer
Executive Director
Attest:
Name Tbd
General Counsel
Approved as to form and procedure:
Name Tbd
Title TBD
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FUNDING SUMMARY NO. 01
FUNDING TABLE v. 2
IMPLEMENTING AGENCY RCTC
Totals Source Party Fund Type
CONST.
SUPPORT
CONST.
CAPITAL
STATE CALTRANS SB 1 LPP 0 7,042,000 7,042,000
LOCAL RCTC MEASURE A 6,000,000 33,433,000 39,433,000
Totals 6,000,000 40,475,000 46,475,000
SPENDING SUMMARY
v 21
CONST. SUPPORT CONST.
CAPITAL
Fund Type CALTRANS RCTC RCTC Totals
SB-1 LPP 0 0 7,042,000 7,042,000
MEASURE A 0 6,000,000 33,433,000 39,433,000
0 0
0 0
Totals 0 6,000,000 40,475,000 46,475,000
*Note: (SHOPP funds are from EA’s 0Q180 and 1C090).
101
FUNDING SUMMARY No. 01 Agreement 08-1678
Project No. 0817000014, EA F3211
08-RIV-215-R28.7 – F30.3
Project Development Agreement 2017-02-17 (Created April 10, 2018) 2 of 4
Funding
1. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-
of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will
fund these activities until such time as PARTIES amend this AGREEMENT.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the
amendment process.
2. If there are insufficient funds in this AGREEMENT to implement the obligations and
responsibilities of this AGREEMENT, including the applicable commitments and
conditions included in the PROJECT environmental documentation, permits, agreements,
and/or approvals that are in effect at a time that WORK stops, each PARTY accepts
responsibility to fund their respective WORK until such time as PARTIES amend this
AGREEMENT.
Each PARTY may request reimbursement for these costs during the amendment process.
ICRP Rate
3. The cost of any engineering support performed by CALTRANS includes all direct and
applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of
funds used to pay support costs. State and federal funds administered by CALTRANS are
subject to the current Program Functional Rate. All other funds are subject to the current
Program Functional Rate and the current Administration Rate. The Program Functional
Rate and Administration Rate are adjusted periodically.
4. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS
reimbursement of indirect costs must submit an indirect cost rate proposal and central
service cost allocation plan (if any) in accordance with 2 CFR, Part 200 and Chapter 5 of
the Local Assistance Procedures Manual. These documents are to be submitted annually to
CALTRANS’ Audits and Investigations for review and acceptance prior to CALTRANS’
reimbursement of indirect costs.
5. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from
the funds in this AGREEMENT only after the contractor performs the work and incurs said
costs.
102
Agreement 08-1678
Project No. 0817000014, EA 0F3211
08-RIV-215-R28.7 – F30.3
Project Development Agreement 2017-02-17 (Created April 10, 2018) 3 of 4
Payments for travel and per diem will not exceed the rates paid rank and file state
employees under current California Department of Human Resources (CalHR) rules
current at the effective date of this AGREEMENT.
If RCTC invoices for rates in excess of CalHR rates, RCTC will fund the cost difference
and reimburse CALTRANS for any overpayment.
6. In accordance with the CALTRANS Federal-Aid Project Funding Guidelines, PARTIES
must obtain approval from the Federal Highway Administration prior to any PROJECT
funding changes that that will change the federal share of funds.
Invoicing and Payment
7. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one
PARTY provides funds for use by another PARTY. PARTIES will pay invoices within
forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds
Transfer (EFT). When paying with EFT, RCTC will pay invoices within five (5) calendar
days of receipt of invoice.
8. If RCTC has received EFT certification from CALTRANS then RCTC will use the EFT
mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
9. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for
the prior month's expenditures. After all PROJECT COMPONENT WORK is complete,
PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on
the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial
commitments of this AGREEMENT.
10. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming,
and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then
RCTC will abide by the billing and payment conditions detailed for the fund types
identified in the PSA or PPM.
11. If CALTRANS reimburses RCTC for any costs later determined to be unallowable, RCTC
will reimburse those funds.
CONSTRUCTION Support
12. RCTC will invoice and CALTRANS will reimburse for actual costs incurred and paid.
103
Agreement 08-1678
Project No. 0817000014, EA 0F3211
08-RIV-215-R28.7 – F30.3
Project Development Agreement 2017-02-17 (Created April 10, 2018) 4 of 4
CONSTRUCTION Capital
13. RCTC will invoice and CALTRANS will reimburse for actual costs incurred and paid.
104
AGENDA ITEM 6D
Agenda Item 6D
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 31, 2019
TO: Riverside County Transportation Commission
FROM Cheryl Donahue, Public Affairs Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Quarterly Public Engagement Metrics Report, October – December 2018
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to receive and file the Quarterly Public Engagement Metrics
Report for October – December 2018.
BACKGROUND INFORMATION:
Staff has been monitoring public engagement activities since January 2018 and been preparing
Quarterly Public Engagement Metrics Reports. An updated report is provided for the fourth
quarter, which covers October-December 2018. These quarterly reports provide a data-driven
approach for measuring progress toward public engagement goals, allow staff to assess the
effectiveness of its efforts on an ongoing basis, and provide transparency into how the
Commission is using its resources to engage and educate the public.
The quarterly report includes two sets of data:
1) Metrics for RCTC’s overall public engagement activities, including website use and access;
website top pages visited; email notifications; social media likes, engagement and reach;
and public sentiment
2) Metrics for RCTC’s Interstate 15 Express Lanes Project public engagement activities,
including email activity, website sessions, and social media.
The report may evolve as staff refines its approaches to measuring public engagement activities
and in response to any feedback from Commissioners. In addition, as additional significant
capital projects begin, such as the State Route 60 Truck Lanes, staff will provide project-related
metrics.
Report highlights for this quarter follow and are included in a graphical format with this agenda
item. It is important to note the metrics again reflect a decrease in paid digital advertising during
this fourth quarter. This decrease in advertising resulted in a decline in some of the metrics.
105
Agenda Item 6D
RCTC Overall Public Engagement
1) Website
a. For the quarter, there were 20,614 website sessions, a 32 percent decrease from
last quarter’s 30,411 sessions. There also were 12,719 unique users, which reflect
a drop of 35 percent compared to the previous quarter’s 19,641 unique users.
b. One-third of the visitors accessed the website by using a direct search (keying in
rctc.org). A large number (40 percent) used organic searches, such as Google.
Others used social media (17 percent), website referrals (7 percent), and display
ads or paid searches (3 percent). The decrease in digital ad purchases this quarter
affects the search results.
c. Website access via desktop versus mobile continues to fluctuate. The fourth
quarter showed 55 percent gaining access through a desktop computer and
45 percent using mobile devices. Last quarter, the ratio was 41 versus 59.
d. The homepage continues to be the most frequently visited page within the
website, followed by the “Meetings and Agendas” page, the “Funding and
Planning” page, and the blog article related to project development for the I-15
Express Lanes from the cities of Corona to Lake Elsinore.
2) Social Media
a. Facebook: At the end of the quarter, the Facebook page had 8,265 likes, an
increase of 1 percent over last quarter’s 8,186 likes. The page also had 13,227
forms of engagement, such as likes, comments and shares, a 33 percent increase
from last quarter’s 9,949 forms of engagement. Facebook also had 1,014,855
impressions, which is the number of times that RCTC’s content was displayed in
news feeds. This was a large decrease – 54 percent – from last quarter’s 2,192,574
impressions. This decrease likely was a result in a decrease in digital advertising
this quarter.
b. Twitter: RCTC’s Twitter page showed a 2 percent increase in followers, from 1,061
to 1,085. Engagement declined 26 percent, from 406 forms of engagement to 301.
Impressions also showed a large drop of 85 percent – from 323,387 to 48,761.
c. Instagram: The Instagram page grew 8 percent, from 280 to 302 followers.
Engagement declined by 13 percent, from 426 forms of engagement to 372.
Impressions grew 9 percent to a total of 6,594, compared to last quarter’s 6,074
impressions.
d. Overall, public sentiment was positive, with the exception of comments received
late in the year, in response to posts related to weekend closures for restriping
the 91 Express Lanes. RCTC received positive comments about the October
Commission meeting, the VanClub incentive program, new Metrolink canopies
along the 91/Perris Valley Line, and free Riverside Transit Agency fares for
students.
3) RCTC’s The Point: RCTC continues to produce content for its online blog, The Point, and
distributes this information via email to subscribers. RCTC’s subscriber rate dropped
106
Agenda Item 6D
1 percent, from 1,785 to 1,777, due to clean-up of the distribution list. Thirty-two percent
of subscribers opened The Point, and 7 percent clicked on links to learn more. The open
rate last quarter was slightly higher at 35 percent, and the click-through rate last quarter
remained the same at 7 percent.
Interstate 15 Express Lanes Construction Public Engagement
1) Emails: There were a total of 125 new email sign-ups for the quarter compared to last
quarter’s 386, and 14 email inquiries received, compared to last quarter’s 27 email
inquiries.
2) Website: There were 8,657 website visits during the quarter, a growth from 7,744
sessions last quarter. This was the greatest number of sessions to date for the project.
3) Social Media: The project uses Facebook, Twitter and Instagram and continues to work
to build its audiences. The Facebook page grew to 1,933 likes from 1,665 likes last
quarter. Twitter increased slightly from 208 followers to 219. Instagram followers
increased from 293 to 351.
For both RCTC’s overall public engagement and the I-15 Express Lanes Project, RCTC is working
to expand its audiences and expects public engagement figures to increase, particularly during
quarters with heavy digital advertising buys. Staff will provide Public Engagement Metrics
quarterly with comparison data from the previous quarter.
Attachments:
1) RCTC Overall Public Engagement Metrics
2) I-15 Express Lanes Public Engagement Metrics
107
Top Pages Visited
2
3
4
Desktop vs Mobile Users
Top Channels
55%45%Desktop Mobile
Facebook Twitter Instagram
10/1 10/1510/8 10/22 10/29 11/5 11/1911/12 12/311/26 12/2412/10 12/17 12/31
- 0.05
0.05
0.15
0.25
0.35
0.45
Direct (33%) — 4,275
10/22 (+) October Commission meeting and VanClub incentive program11/2 (+) New Metrolink canopies along the 91/Perris Valley Line12/5 (+) RTA student rides12/20 (-) Restriping 91 Express Lanes Q3-Q4 DifferencesPaid advertising remained low during Q4.
Subscribers1,777
AverageOpen 32%
AverageClick7%
20,614Number of Sessions
– 32%
12,719Number ofUnique Users
– 35%
Impressions1,014,855
Page Likes8,265
Engagement13,227
Impressions48,761
Followers1,085
Engagement301
Impressions6,594
Followers302
Engagement372
– 85%
+2%
– 26%
+9%
+8%
–13%
– 54%
+1%
+ 33%
Meetings and Agendas
Funding and Planning
Project Development Begins for I-15 Express Lanes,Corona to Lake Elsinore
Homepage is #1 most visited page
Organic (40%) — 5,251
Social (17%) — 2,173
Paid Search (3%) — 435
Referral (7%) — 968
- 1%
Overall Social Media Sentiment Eblasts Web
Public Engagement Metrics: Q4 October – December 2018
Social Media
ATTACHMENT 1
108
15 Express Lanes ProjectOutreach Metrics Oct 2016 – Dec 2018 Number of Sign-UpsEmail List Sign-Ups Emails Received
Website Visits Social Media Likes/Follows
7
13 12
8 8
14 15
27
845
2,790 2,145
3,033 2,243
3,924
5,460
8,657
7,744
45 69
589
537
161
305
209
386
125
14
0
100
200
300
400
500
600
Oct – Dec 2016Jan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct– Dec 2018Oct – Dec 2016Jan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct – Dec 2018Oct – Dec 2016Jan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct – Dec 2018Oct – Dec 2016Jan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct – Dec 2018Number of Emails0
2000
4000
6000
8000
10000
Website VisitsNumber of Likes/FollowsFacebook Page Likes
Instagram Followers (Account Opened 02/05/18)
Twitter Followers (Account Opened 02/05/18)
0
5
10
15
20
25
30
21 127 195
932 979
1,297
1,477
1,665
1,933
0
500
1000
1500
2000
52
148 181 293
176 208
351
219
ATTACHMENT 2
109
AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 31, 2019
TO: Riverside County Transportation Commission
FROM: Alex Menor, Capital Projects Manager
Marlin Feenstra, Project Delivery Director
THROUGH: Anne Mayer, Executive Director
SUBJECT:
Approval of California Environmental Quality Act Re-Validation and
Addendum and Agreement for Construction Management Services, Materials
Testing, and Construction Surveying for the Interstate 215/Placentia Avenue
Interchange Project
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Adopt Resolution No. 19-002, “Resolution of the Riverside County Transportation
Commission Adopting a Second Addendum to the Previously Certified Environmental
Impact Report (SCH #2004111103) for the Mid County Parkway and Approving the
Proposed Changes to the Mid County Parkway Project,” related to the Interstate 215
(I-215)/Placentia Avenue Interchange Improvements Project (Project);
2) Award Agreement No. 18-31-148-00 to Vali Cooper & Associates, Inc. to perform
construction management services, materials testing, and construction surveying for the
Project in the amount of $5,496,274, plus a contingency amount of $549,627 for potential
changes in scope, for a total amount not to exceed $6,045,901;
3) Authorize the Executive Director, or designee, to approve the use of the contingency
amount as may be required for the Project; and
4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission.
BACKGROUND INFORMATION:
The Mid County Parkway (MCP) project has been under development by the Commission since
2002. The purpose of the MCP project is to provide a transportation facility that effectively and
efficiently accommodates regional west-east movement of people, goods, and services between
and through the cities of Perris and San Jacinto.
The Commission is the project proponent and the lead agency under the California Environmental
Quality Act (CEQA) and has adopted guidelines for implementing the mitigation required by CEQA
and the National Environmental Policy Act (NEPA). The Federal Highway Administration (FHWA)
110
Agenda Item 7
is the lead agency under NEPA, with Caltrans acting as its agent and providing oversight for the
NEPA process.
In April 2015, the Commission adopted Resolution No. 15-006 to certify the final environmental
impact report (FEIR), adopt findings pursuant to CEQA, adopt a mitigation monitoring and
reporting program, adopt a statement of overriding considerations, and approve the MCP
project. The Commission, FHWA, and Caltrans approved the FEIR/final environmental impact
statement and the Final Environmental Document (ED) under NEPA/CEQA on April 15, 2015. The
Project Approval/ED phase of the MCP project was completed with a record of decision approved
by FHWA on August 17, 2015.
The Project in the city of Perris (see Attachment 2 for project limits) is the first part of the MCP
to proceed to final design and construction. In November 2016, the Commission awarded a
contract to T.Y. Lin International (T.Y. Lin) to perform final engineering services and prepare
plans, specifications, and cost estimate (PS&E) for the Project as the first construction contract
package for the MCP project. The PS&E is about 90 percent complete, and T.Y. Lin has
incorporated design refinements and features to improve the design. These design refinements
require an environmental revalidation and addendum.
DISCUSSION:
Environmental Re-Validation and Addendum (CEQA):
The final design of the I-215/Placentia Avenue interchange has been refined and extends slightly
beyond the original footprint of the MCP project. The proposed final design refinements to the
Project include:
1. Slight adjustments to the ramp alignments and Placentia Avenue;
2. Changes to the existing East Frontage Road;
3. Changes to existing Water Avenue;
4. Addition of new traffic signals on Placentia Avenue;
5. Replacement of existing culvert under the railroad tracks with a larger culvert;
6. Changes to drainage;
7. Addition of bike lanes by designating the previously-approved shoulders as Class II bike
lanes that will extend the entire length on Placentia Avenue from Harvill Avenue to Indian
Avenue;
8. Rerouting of the Eastern Municipal Water District sewer line; and
9. Full closure of Placentia Avenue between Harvill Avenue and East Frontage Road during
construction for a minimum of 10 months, to shorten the total construction duration by
approximately 6 months.
Staff completed the environmental Re-evaluation for NEPA and Re-validation/Addendum for
CEQA for the Project as part of the overall MCP project (see Attachment 3). As described in the
Re-validation form, because the proposed changes are minor and would not result in any new
111
Agenda Item 7
significant or substantially increased significant effects, an addendum to the FEIR is appropriate.
Staff now recommends adoption of the CEQA Re-validation findings and addendum to the FEIR.
After the Commission adopts the CEQA Re-Validation and Addendum to the FEIR, work will need
to be done to complete 100 percent final PS&E and then commence construction of the Project.
To achieve this work, staff will need to procure construction management, construction
agreements and permits, and other construction-related contracts.
Construction Management Contract
Procurement Process
Pursuant to Government Code 4525 et seq, selection of architect, engineer, and related services
shall be on the basis of demonstrated competence and on professional qualifications necessary
for the satisfactory performance of the services required. Therefore, staff used the qualification
method of selection for the procurement of construction management services, materials
testing, and construction surveying for the Project. Evaluation criteria included elements such as
qualifications of firm, staffing and project organization, project understanding and approach, and
the ability to respond to the requirements set forth under the terms of a request for qualifications
(RFQ).
RFQ No. 18-31-148-00 for construction management services, materials testing, and construction
surveying for the Project was released by staff on August 9, 2018. A public notice was advertised
in the Press Enterprise, and the RFQ was posted on the Commission’s Planet Bids website, which
is accessible through the Commission’s website. Through Planet Bids, 81 firms downloaded the
RFQ; 21 of these firms are located in Riverside County. A pre-submittal meeting was held on
August 22 and attended by 29 firms. Staff responded to all questions submitted by potential
proposers prior to the September 6 clarification deadline date. Six firms – ABA Global, Inc.
(Glendora); Berg & Associates, Inc. (San Pedro); Falcon Engineering Services, Inc. (Corona);
Kleinfelder Construction Services, Inc. (Riverside); S2 Engineering, Inc. (Rancho Cucamonga); and
Vali Cooper & Associates, Inc. (Riverside) – submitted responsive and responsible statements of
qualifications prior to the 2:00 p.m. submittal deadline on September 20. Based on the
evaluation criteria set forth in the RFQ, the firms were evaluated and scored by an evaluation
committee comprised of Commission, Bechtel, County of Riverside Transportation Department,
and Caltrans staff.
Based on the evaluation committee’s assessment of the written proposals and pursuant to the
terms of the RFQ, the evaluation committee shortlisted and invited three firms (Berg &
Associates, Inc.; Kleinfelder Construction Services, Inc.; and Vali Cooper & Associates, Inc.) to the
interview phase of the evaluation and selection process. Interviews were conducted on
October 16.
Following the interviews, the evaluation committee conducted a subsequent evaluation of each
firm, based on both written and interview components presented to the evaluation committee
by each proposer. Accordingly, the evaluation committee recommends contract award to Vali
112
Agenda Item 7
Cooper & Associates, Inc. to provide construction management services, materials testing, and
construction surveying for the Project, as it earned the highest total evaluation score.
Subsequently, staff negotiated the scope of work (including the appropriate level of effort, labor
categories/mix, etc.), cost, and schedule proposal received from Vali Cooper & Associates, Inc.
for the Project services and established a fair and reasonable price.
Recommendation
Staff recommends award of Agreement No. 18-31-148-00 with Vali Cooper & Associates, Inc. to
perform construction management services, materials testing, and construction surveying for the
Project, based on the final negotiated project scope and cost of $5,496,274, plus a contingency
amount of $549,627 for potential changes in scope, for a total amount not to exceed $6,045,901.
Staff also recommends authorizing the Executive Director to approve the use of the contingency
amount as may be required for the Project.
Financial Impact
The Project’s costs for construction management, materials testing, and construction surveying
are $6,045,901. The costs will be funded primarily with Transportation Uniform Mitigation Fee
(TUMF)-Community Environmental Transportation Accessibility Process (CETAP) program funds
and then 2009 Measure A Western County (WC) New Corridors Funds, to the extent required.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2018/19
FY 2019/20+ Amount: $300,000
$5,745,901
Source of Funds: TUMF-CETAP; 2009 Measure A WC
New Corridors
Budget
Adjustment:
No
N/A
GLA No.: 002317 81302 00000 0000 261 31 81301 $6,045,901
Fiscal Procedures Approved: Date: 01/22/2019
1) Attachments: Resolution No. 19-002
2) MCP – I-215/Placentia Avenue Interchange Project Map
3) CEQA Re-Validation/Addendum
4) Draft Agreement No. 18-31-148-00 with Vali Cooper & Associates, Inc.
113
RESOLUTION NO. 19-002
RESOLUTION OF THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION ADOPTING A
SECOND ADDENDUM TO THE PREVIOUSLY
CERTIFIED ENVIRONMENTAL IMPACT REPORT
(SCH #2004111103) FOR THE MID COUNTY
PARKWAY AND APPROVING THE PROPOSED
CHANGES TO THE MID COUNTY PARKWAY
PROJECT
WHEREAS, in April 2015, the Riverside County Transportation Commission
(Commission) adopted Resolution No. 15-006 to certify an environmental impact report (EIR),
adopt finding under the California Environmental Quality Act (CEQA), adopt a mitigation
monitoring and reporting program (MMRP), adopt a statement of overriding considerations, and
approve the Mid County Parkway project (MCP) to construct a west-east transportation facility
in western Riverside County between Interstate 215 in the west and State Route 79 in the east;
and
WHEREAS, review of the MCP was also conducted under the National Environmental
Policy Act (NEPA) by the Federal Highway Administration (FHWA) in conjunction with the
California Department of Transportation (Caltrans), and the environmental impact statement and
MCP were approved in August 2015; and
WHEREAS, on July 11, 2018, as a result of minor modifications to the MCP, the
Commission adopted a first addendum to the EIR (First Addendum); and
WHEREAS, minor design refinements to the MCP have been proposed regarding the I-
215 Placentia Interchange, including slightly adjusted ramp alignments, designation of bike
lanes, rerouting of a sewer line, replacement of an existing culvert, addition of new drainage
basins, addition of new traffic signals, and acquisition of additional right-of-way (MCP
Modifications); and
WHEREAS, under CEQA, when taking subsequent discretionary actions in furtherance
of a project for which an EIR has been certified, the lead agency is required to review any
changed circumstances to determine whether any of the circumstances under Public Resources
Code section 21166 and State CEQA Guidelines section 15162 require additional environmental
review; and
WHEREAS, in accordance with CEQA, RCTC analyzed all potential environmental
effects associated with the MCP Modifications and determined that none of the conditions
described in State CEQA Guidelines section 15162 or Public Resources Code section 21166
have occurred; rather, consistent with State CEQA Guidelines section 15164, subdivision (a),
RCTC determined that an addendum to the EIR should be prepared; and
WHEREAS, in collaboration with Caltrans, RCTC prepared a second addendum
(Second Addendum) to the EIR (Exhibit A); and
ATTACHMENT 1
114
WHEREAS, this matter came before the Commission at a regularly scheduled public
meeting, at which the Commission carefully considered all information pertaining to the MCP
Modifications, including the staff report, the Second Addendum together with the EIR, and all of
the information, evidence, and testimony presented at its public meeting; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred;
NOW, THEREFORE, THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The recitals above are true and correct and are incorporated in to this
Resolution by reference as findings of fact.
Section 2. Compliance with the Environmental Quality Act. In considering the MCP
Modifications, the Commission has considered the EIR for the MCP (State Clearinghouse
Number 2004111103), which was certified by the Commission on April 8, 2015, and the
Addenda thereto, along with all oral and written comments received and the administrative
record (the Record). The Commission hereby finds and determines that the Record contains a
complete and accurate reporting of the environmental impacts of the MCP Modifications and the
MCP as a whole, the impacts of which were fully addressed and mitigated (to the extent feasible)
in the EIR. The Commission hereby further finds and determines that the Second Addendum has
been completed in compliance with CEQA and the State CEQA Guidelines. The Commission
further finds and determines that the Second Addendum reflects the Commission’s independent
judgment.
Section 3. Findings on Environmental Impacts. Based on the substantial evidence set
forth in the Record, including but not limited to the Second Addendum, the Commission finds
that an addendum to the EIR is the appropriate document for disclosing the minor changes and
additions that are necessary to the EIR to account for the MCP Modifications. The Commission
finds that none of the conditions under State CEQA Guidelines section 15162 requiring the need
for further subsequent environmental review have occurred because the modifications specified
in the Second Addendum:
a) do not constitute substantial changes that would require major revisions of the EIR due to
the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; and
b) do not constitute substantial changes with respect to the circumstances under which the
modifications are administered that would require major revisions of the EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of the previously identified significant effects; and
c) do not contain new information of substantial importance that was not known and could
not have been known with the exercise of reasonable diligence at the time the EIR was
certified showing any of the following: (i) the modifications would have one or more
significant effects not discussed in the EIR; (ii) significant effects previously examined
115
would be substantially more severe than shown in the EIR; (iii) mitigation measures or
alternatives previously found not to be feasible would in fact be feasible and would
substantially reduce one or more significant effects, but the Commission declined to
adopt such measures; or (iv) mitigation measures or alternatives considerably different
from those analyzed in the EIR would substantially reduce one or more significant effects
on the environment, but which the Commission declined to adopt.
Section 4. Approval of Second Addendum. The Commission hereby approves and
adopts the Second Addendum to the EIR prepared for the MCP Modifications (attached as
Exhibit A).
Section 5. Approval of the MCP Modifications. The Commission hereby approves the
MCP Modifications, subject to any and all applicable mitigation measures that were previously
imposed by RCTC as part of the MCP.
Section 6. Notice of Determination. The Commission directs staff to file a Notice of
Determination with the Riverside County Clerk’s Office within five (5) working days of
adoption of this Resolution.
Section 7. Custodian of Records. The documents and materials that constitute the record
of proceedings on which this Resolution and the above findings have been based are located at
the Riverside County Transportation Commission, 4080 Lemon Street, 3rd Floor, Riverside,
California 92502.
APPROVED AND ADOPTED by the Riverside County Transportation Commission this ___
day of , 2019.
____________________________
Chuck Washington, Chair
Riverside County Transportation
Commission
ATTEST:
Lisa Mobley, Clerk of the Board
Riverside County Transportation Commission
116
Exhibit A
(Second Addendum to EIR)
117
215
INTERSTATE
CALIFORNIA
Perris
Placentia Ave
Future Mid County Parkway
Placentia Ave
Add Signal Add Signal
Perris Widening
East Frontage Rd Extension
W Rider St
N Water Ave
Int
e
r
s
t
a
t
e
2
1
5
F
r
o
n
t
a
g
e
R
o
a
d Indian AveN Perris BlvdHarvill Ave
N
Drainage & Basin Work
MCP I-215/Placentia Avenue Interchange Project
Project Limits
ATTACHMENT 2
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DIST./CO./RTE. 08-RIV-MCP; 08-RIV-215
PM/PM R27.9/R32.8
E.A. or Fed-Aid Project No. 08-0F321
Other Project No. (specify) PN 0800000125
PROJECT TITLE Mid County Parkway (MCP)
ENVIRONMENTAL
APPROVAL TYPE
Environmental Impact Report/Environmental Impact Statement and Section 4(f) Evaluation
DATE APPROVED April 2015
REASON FOR
CONSULTATION
(23 CFR 771.129)
Check reason for consultation:
Project proceeding to next major federal approval
Change in scope, setting, effects, mitigation measures, requirements
3-year timeline (EIS only)
N/A (Re-Validation for CEQA only)
DESCRIPTION OF
CHANGED CONDITIONS
Briefly describe the changed conditions or new information on page 2. Append continuation
sheet(s) as necessary. Include a revised Environmental Commitments Record (ECR) when
applicable.
NEPA CONCLUSION - VALIDITY
Based on an examination of the changed conditions and supporting information: [Check ONE of the three statements below,
regarding the validity of the original document/determination (23 CFR 771.129). If document is no longer valid, indicate whether
additional public review is warranted and whether the type of environmental document will be elevated.]
The original environmental document or CE remains valid. No further documentation will be prepared.
The original environmental document or CE is in need of updating; further documentation has been prepared and
is included on the continuation sheet(s) or is attached. With this additional documentation, the original ED
or CE remains valid.
Additional public review is warranted (23 CFR 771.111(h)(3)) Yes No
The original document or CE is no longer valid.
Additional public review is warranted (23 CFR 771.111(h)(3)) Yes No
Supplemental environmental document is needed. Yes No
New environmental document is needed. Yes No (If “Yes,” specify type: _ _______________)
CONCURRENCE WITH NEPA CONCLUSION
I concur with the NEPA conclusion above.
_____________________________ __________
Signature: Vincent Mammano Date
Federal Highway Administration
CEQA CONCLUSION: (Only mandated for projects on the State Highway System.)
Based on an examination of the changed conditions and supporting information, the following conclusion has been reached
regarding appropriate CEQA documentation: (Check ONE of the five statements below, indicating whether any additional
documentation will be prepared, and if so, what kind. If additional documentation is prepared, attach a copy of this signed form and
any continuation sheets.)
Original document remains valid. No further documentation is necessary.
Only minor technical changes or additions to the previous document are necessary. An addendum has been
or will be prepared and is included on the continuation sheets or will be attached. It need
not be circulated for public review. (CEQA Guidelines, §15164)
Changes are substantial, but only minor additions or changes are necessary to make the previous document
adequate. A Supplemental environmental document will be prepared, and it will be circulated for public review.
(CEQA Guidelines, §15163)
Changes are substantial, and major revisions to the current document are necessary. A Subsequent
environmental document will be prepared, and it will be circulated for public review. (CEQA Guidelines, §15162)
(Specify type of subsequent document, e.g., Subsequent FEIR)
The CE is no longer valid. New CE is needed. Yes No
CONCURRENCE WITH CEQA CONCLUSION
I concur with the CEQA conclusion above.
_____________________________ __________ _____________________________ __________
Signature: Alex Menor Date Signature: Anne Mayer Date
Riverside County Transportation Commission Riverside County Transportation Commission
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CONTINUATION SHEET(S)
Address only changes or new information since approval of the original document and only those areas
that are applicable. Use the list below as section headings as they apply to the project change(s). Use
as much or as little space as needed to adequately address the project change(s) and the associated
impacts, minimization, avoidance and/or mitigation measures, if any.
Changes in project design, e.g., scope change; a new alternative; change in project alignment
The Riverside County Transportation Commission (RCTC), in cooperation with the Federal Highway
Administration (FHWA) and the California Department of Transportation (Caltrans), as part of the Mid
County Parkway (MCP) Project (project), proposes to improve the existing Interstate 215 (I-215) by
adding an interchange at the Placentia Avenue overcrossing. The I-215/Placentia Avenue interchange
included in the original footprint of the MCP project that was previously evaluated in the approved Final
Environmental Impact Report/Environmental Impact Statement (EIR/EIS) and Final Section 4(f)
Evaluation (April 2015) includes the following improvements:
• Add new ramps on the east and west sides of I-215 at Placentia Avenue;
• Widen existing Placentia Avenue east and west of the proposed new ramps;
• Relocate the I-215 East Frontage Road;
• Widen the existing Placentia Avenue overcrossing and overhead; and
• Widen and improve Placentia Avenue from Harvill Avenue on the west to Indian Avenue on the
east.
These improvements are still planned; however, the final design of the I-215/Placentia Avenue
interchange has been refined and extends beyond the original footprint of the MCP Project. The
proposed final design refinements (refer to Figure 1, Areas of New Impact, attached) to the I-
215/Placentia Avenue interchange include:
• Geometric Refinements:
• Slight adjustments to the ramp alignments.
• Shifting of more of the Placentia Avenue widening to the south side of Placentia
Avenue.
• Providing acquisition of a wider ROW between the East Frontage road and Indian
Avenue than previously approved to match the proposed anticipated future
widening of Placentia Avenue east of Indian Avenue.
• Changes to the existing East Frontage Road:
• Shifting of the East Frontage Road alignment further west to reduce right-of-way
(ROW) impacts.
• Acquisition of a wider ROW (100 feet wide) than previously approved in order to
match the existing condition.
• Extension of East Frontage Road between Water Avenue and Placentia Avenue to
maintain the currently existing connection with Placentia Avenue.
• Changes to the existing Water Avenue:
• Removal of the previously-approved curb ramps at the East Frontage Road/Water
Avenue intersection and extension of the previously-approved sidewalk through the
street, removing the connection to Water Avenue.
• New Traffic Signal:
• Addition of a new traffic signal at the Placentia Avenue and Indian Avenue
intersection to the east of I-215.
• Addition of a new traffic signal at the Placentia Avenue and additional pavement
delineation at the Harvill Avenue intersection to the west of I-215
• Culvert:
• Replace existing culvert under the railroad tracks with a larger culvert.
• Drainage:
• Addition of a new drainage basin at the southeast corner of the Placentia Avenue
and Indian Avenue intersection.
• Addition of a new drainage basin south of Placentia Avenue and west of Indian
Avenue.
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• Addition of a drainage facility east of Indian Avenue on the south side of Placentia
Avenue, connecting to the existing drainage facility east of Perris Boulevard on the
north side of Placentia Avenue.
• Bike Lanes:
• Designate the previously-approved shoulders as Class II bike lanes that will extend
the entire length on Placentia Avenue from Harvill Avenue to Indian Avenue.
• Utilities:
• Rerouting of the Eastern Municipal Water District (EMWD) sewer line that currently
crosses I-215 just south of Placentia to cross under I-215 at Orange Avenue.
• Construction:
• Full closure of Placentia Avenue between Harvill Avenue and East Frontage Road
during construction for a minimum of 10 months.
Changes in environmental setting, e.g., new development affecting traffic or air quality;
The only change to the environmental setting is the expansion of the MCP ROW as a result of the I-215/
Placentia Avenue interchange final design refinements that extend beyond the original footprint of the
MCP Project. The proposed final design refinements for the I-215/ Placentia Avenue interchange that
extend beyond the original footprint of the MCP Project would result in an increase of 26.2 acres of land
being permanently impacted beyond that analyzed in the Final EIR/EIS.
Changes in environmental circumstances, e.g., a new law or regulation; change in the status of a
listed species.
There are no changes in the environmental circumstances that would change the results of the analysis
in the previously approved Final EIR/EIS and supporting technical studies.
Changes to environmental impacts of the project, e.g., a new type of impact, or a change in the
magnitude of an existing impact.
Discussions are provided below for all resources. The following discussions are based on the approved
Final EIR/EIS and the third Supplemental Historic Property Survey Report (HPSR) (July 2018) (attached
to this Environmental Re-evaluation).
• Land Use. The proposed final design refinements for the I-215/Placentia Avenue interchange
that extend beyond the original footprint of the MCP Project would result in an increase of 1.40
acres of land being temporarily impacted and 26.2 acres of land being permanently impacted.
When the additional permanent impact is added to the total amount of 1,327.2 acres of
permanent conversion of land to transportation uses impacted by the MCP project as noted in
Table 3.1.B of the Final EIR/EIS, as well as the 154.3 additional acres of land for the Sweeney
Mitigation Site (addressed in a previous Environmental Re-evaluation), the total amount of land
impacted by the MCP project would now be 1,491.92 acres. This approximately 0.7 percent
increase in permanent impacts as a result of the proposed I-215/Placentia Avenue interchange
final design refinements is nominal in intensity, and would not result in any changes to the
impacts conclusions or require any additional avoidance, minimization, or mitigation measures.
In addition, as a component of the MCP Project, RCTC has requested an update to the 2019
Federal Transportation Improvement Program (FTIP) to include the I-215/Placentia interchange.
The information in the Final EIR/EIS with regard to land use remains valid.
• Growth. The MCP Project, as connected with other highways through system interchanges, will
make the MCP study area more regionally accessible and will facilitate future growth and
development in a manner consistent with that proposed in the adopted land use plans for the
area. As stated in the Final EIR/EIS, the I-215/Placentia Avenue interchange would support the
future land uses in this area as planned in the Riverside County General Plan (December 2015)
and the City of Perris General Plan (certified 2005) but could accelerate the demand for
development in this area. Avoidance, minimization, and mitigation measures for the direct
growth effects of the MCP Project to resources of concern, including threatened and
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endangered species, aquatic resources, cultural resources, and farmland are provided in the
Final EIR/EIS (page 3.2-19 in the Final EIR/EIS).
The proposed final design refinements for the I-215/Placentia Avenue interchange that extend
beyond the original footprint of the MCP Project include geometric refinements, extension of the
existing East Frontage Road, two new traffic signals, two new drainage basins as well as a
drainage facility, replacement of an existing culvert with a larger culvert, and a Class II bike
lane. Because of their limited scope, none of these design refinements would foster economic or
population growth, or the construction of additional housing, either directly or indirectly, in the
surrounding environment. Therefore, the proposed final design refinements would not result in
additional local or regional population growth beyond what was previously analyzed in the Final
EIR/EIS. The information in the Final EIR/EIS with regard to growth remains valid.
• Farmlands/Timberlands. The proposed final design refinements for the I-215/Placentia
Avenue interchange that extend beyond the original footprint of the MCP Project would result in
an increase of 4.11 acres of Farmland of Local Importance being impacted. When the additional
Farmland of Local Importance is added to the total amount of 1,042.84 acres of permanent
conversion of designated farmland to transportation uses impacted by the MCP Project, as
noted in Table 3.3.C of the Final EIR/EIS, plus the 73.90 additional acres of Farmlands of Local
Importance for the Sweeney Mitigation Site (addressed in a previous Environmental Re-
evaluation), the total amount of designated farmland impacted by the MCP Project would be
1,120.85 acres. This approximately 0.37 percent increase in impacts as a result of the proposed
I-215/Placentia Avenue interchange design refinements is nominal in intensity, and would not
result in any changes to the impact conclusions, a substantial increase to the previously
identified impacts, or require any additional avoidance, minimization, or mitigation measures.
The information in the Final EIR/EIS with regard to farmlands/timberlands remains valid.
• Community Impacts, Relocation, and Environmental Justice. The proposed final design
refinements for the I-215/Placentia Avenue interchange that extend beyond the original footprint
of the MCP Project would require acquisition of portions of 8 additional parcels of land in
addition to the acquisitions identified in the Final EIR/EIS; however, these additional acquisitions
would not result in any new displacements and/or relocations. Therefore, the information in the
Final EIR/EIS with regard to community impacts, relocation, and environmental justice remains
valid, and no additional avoidance, minimization, or mitigation measures are required.
• Utilities and Emergency Services. As part of the proposed final design refinements to the I-
215/Placentia Avenue interchange, an EMWD sewer line that currently crosses I-215 just south
of Placentia Avenue would be rerouted to cross under I-215 at Orange Avenue. Consistent with
Mitigation Measure U&ES-8 on page 3.5-14 in the Final EIR/EIS, RCTC is coordinating the final
plans for the proposed relocation with EMWD to avoid impacting the line and to maintain EMWD
access for maintenance. No other proposed final design refinements would affect utilities. The
information in the Final EIR/EIS with regard to utilities remains valid, and no additional
avoidance, minimization, or mitigation measures are required.
Consistent with Mitigation Measure TR-1 on page 3.6-56 in the Final EIR/EIS, a Transportation
Management Plan (TMP) (January 2018) was prepared for the I-215/Placentia Avenue
interchange. The purpose of the TMP is to provide engineers, contractors, and the construction
team with a method to monitor and manage traffic flow, as well as reduce congestion in traffic
flow during construction. The TMP would have beneficial effects on the ability of emergency
services to provide responses within the I-215/Placentia Avenue interchange study area during
construction. The completion of the I-215/Placentia Avenue interchange would have beneficial
effects on the ability of emergency services to provide responses within the I-215/Placentia
Avenue interchange study area during operation. Additionally, the proposed final design
refinements including geometric refinements, extension of the existing East Frontage Road, two
new traffic signal, two new drainage basins and drainage facility, replacement of an existing
culvert with a larger culvert, and a Class II bike lane would not obstruct access for emergency
responders within the study area. The information in the Final EIR/EIS with regard to emergency
services remains valid, and no additional avoidance, minimization, or mitigation measures are
required.
• Traffic and Transportation/Pedestrian and Bicycle Facilities. The Final EIR/EIS stated that
as a result of the I-215/Placentia Avenue interchange, all study area intersections on Cajalco
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Road between Interstate 15 (I-15) and I-215 are expected to operate at satisfactory level of
service (LOS) D or better in 2020 and 2040 conditions (page 3.6-19 in the Final EIR/EIS). As
part of the proposed final design refinements to the I-215/Placentia Avenue interchange, a
Class II bicycle lane would be designated on the previously approved shoulder on Placentia
Avenue from Harvill Avenue to Indian Avenue. A Class II bicycle lane provides a striped lane for
one-way bike travel on a street or highway. Also as part of the proposed final design
refinements to the I-215/Placentia Avenue interchange, a sidewalk would be added along the
East Frontage Road, and the connection to Water Avenue from East Frontage Road would be
removed. The proposed final design refinements for the I-215/Placentia Avenue interchange
would provide additional benefits for bicyclists and pedestrians and would not change or reduce
the net benefit to traffic operations identified in the Final EIR/EIS and would not result in
changes to the traffic analysis in the Final EIR/EIS. Additionally, as part of the proposed final
design refinements, a new traffic signal at the Placentia Avenue and Indian Avenue intersection
and a new traffic signal at the Placentia Avenue and Harvill Avenue intersection will be installed.
The proposed traffic signals would assign vehicular and pedestrian-right-of-way and increase
safety at these two intersections. The proposed traffic signal would not result in changes to the
traffic analysis in the Final EIR/EIS. Additionally, consistent with Mitigation Measure TR-1 on
page 3.6-56 in the Final EIR/EIS, a Transportation Management Plan (TMP) (January 2018)
was prepared for the I-215/Placentia Avenue interchange. Therefore, the findings and measures
related to traffic and transportation/pedestrian and bicycle facilities in the Final EIR/EIS remain
valid, and no additional avoidance, minimization, or mitigation measures are required.
• Visual and Aesthetics. As stated in the Final EIR/EIS, the I-215/ Placentia Avenue interchange
would result in long-term adverse visual impacts as a result of the permanent alteration of the
visual environment. As part of proposed final design refinements to the I-215/Placentia Avenue
interchange, one new traffic signal would be added at the Placentia Avenue and Indian Avenue
intersection to the east of I-215, and one new traffic signal would be added at the Placentia
Avenue and Harvill Avenue intersection to the west of I-215. The scale and location of the
proposed traffic signals would be cohesive with the future land uses in the area, and the
proposed final design refinements would not result in additional impacts to visual quality.
Additionally, the I-215/Placentia Avenue interchange will include landscaping and aesthetic
treatment consistent with the existing I-215 in the City of Perris and will provide a beneficial
visual effect to the surrounding land uses. No other proposed final design refinements would
affect visual or aesthetics. Therefore, the information in the Final EIR/EIS with regard to visual
and aesthetics remains valid, and no additional avoidance, minimization, or mitigation measures
are required.
• Cultural Resources. The proposed final design refinements for the I-215/Placentia Avenue
interchange that extend beyond the original footprint of the MCP Project were not included and
analyzed in the approved Area of Potential Effects (APE) map, the original Historic Property
Survey Report (HPSR) (2012), the Supplemental HPSR (2015), or the second Supplemental
HPSR (May 2018) for the Sweeney Mitigation Site; therefore, the APE map was revised to add
the proposed I-215/Placentia Avenue design refinements and a third Supplemental HPSR (July
2018) was prepared to identify whether additional historic properties are present within the
expanded APE. The additional areas of the APE consist of 8.97 acres of land that is primarily
characterized by recently constructed roadways. Based upon previous records searches
conducted for the MCP Project, no additional historic properties are located within the expanded
APE, and no previously recorded archaeological resources are located within the expanded
APE. However, monitoring of construction of the I-215/ Placentia Avenue interchange would still
be conducted in accordance with the Discovery and Monitoring Plan for cultural resources
(Mitigation Measure CUL-4 on page 3.8-28 in the Final EIR/EIS). Because no additional historic
properties are located within the expanded APE, the information in the Final EIR/EIS with regard
to cultural resources remains valid, and no additional avoidance, minimization, or mitigation
measures are required.
• Hydrology and Floodplains. As part of the proposed final design refinements to construction
of the I-215/Placentia Avenue interchange, a drainage basin would be included at the southeast
corner of the Placentia Avenue and Indian Ave intersection. The Final EIR/EIS indicated that the
I-215/Placentia Avenue interchange is not within the 100-year floodplain of the San Jacinto
River. The proposed final design refinements for the I-215/Placentia Avenue interchange that
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extend beyond the original footprint of the MCP Project are also not within the 100-year
floodplain of the San Jacinto River, and there would be no effect on hydrology and floodplains.
The information in the Final EIR/EIS with regard to hydrology and floodplains remains valid, and
no additional avoidance, minimization, or mitigation measures are required.
• Water Quality and Storm Water Runoff. The proposed final design refinements for the I-215/
Placentia Avenue interchange that extend beyond the original footprint of the MCP Project
would result in an increase of 26.2 acres of land being permanently impacted beyond that
analyzed in the Final EIR/EIS, which could increase the potential for construction-related
pollutants to reach downstream receiving waters. However, Project construction would comply
with the requirements of the Construction General Permit, which requires preparation of a Storm
Water Pollution Prevention Plan (SWPPP) and implementation of best management practices
(BMPs) to address pollutants of concern during construction (Mitigation Measure WQ-1 on page
3.10-36 in the Final EIR/EIS).
The proposed final design refinements for the I-215/Placentia Avenue interchange that extend
beyond the original footprint of the MCP Project would result in an increase of 4.11 acres of
Farmland of Local Importance being impacted by the MCP Project. Former farmlands may
contain elevated concentrations of pesticides, which would have the potential to affect water
quality during construction and operation. However, as discussed in Section 3.13, Hazardous
Waste/Materials, of the Final EIR/EIS, the soil would be tested for pesticides and remediated, if
necessary, in accordance with Caltrans protocol, as well as local, state, and federal regulations
(Mitigation Measure HW-9 on page 3.13-41 in the Final EIR/EIS). Mitigation Measure HW -9
would address the potential for pesticides to contaminate storm water runoff during construction
and floodwaters during operation.
With implementation of Mitigation Measures WQ-1 and Mitigation Measure HW -9, the
conclusions in the Final EIR/EIS related to water quality remain valid and would not require any
additional avoidance, minimization, or mitigation measures.
• Geology, Soils and Seismic, and Topography. The proposed final design refinements for the
I-215/Placentia Avenue interchange that extend beyond the original footprint of the MCP Project
include geometric refinements, extension of the existing East Frontage Road, two new traffic
signals, two new drainage basins as well as a drainage facility, replacement of an existing
culvert with a larger culvert, and a Class II bike lane. Because of their limited scope and being in
nearly the same geographic area, construction and operation of the proposed design
refinements would not increase the risk for geologic hazards such as soil erosion, slope
instability, liquefaction, or seismic issues as a result of construction and operation. Therefore,
the proposed final design refinements for the I-215/ Placentia Avenue interchange would not
result in any changes to the geology, soils and seismic, and topography impact conclusions or
require any additional avoidance, minimization, or mitigation measures. The information in the
Final EIR/EIS with regard to geology, soils and seismic, and topography impacts remains valid.
• Paleontology. The proposed final design refinements for the I-215/ Placentia Avenue
interchange that extend beyond the original footprint of the MCP Project would result in an
increase of 26.2 acres of land being permanently impacted beyond that analyzed in the Final
EIR/EIS. As shown on Figure 3.12.1 in the Final EIR/EIS, the I-215/Placentia Avenue
interchange is located in an area considered to be highly sensitive for encountering
paleontological resources. Excavation that extends more than 10 feet below the original ground
surface could result in impacts to paleontological resources. Construction of the I-215/ Placentia
Avenue interchange requires a maximum depth of 56 feet in limited locations. Monitoring for
paleontological resources will be conducted on a full-time basis where excavation would be
more than 3 feet, as required under Mitigation Measure PAL-1, Paleontological Mitigation Plan,
on page 3.12-16 in the Final EIR/EIS. The avoidance, minimization, and mitigation measures
related to paleontological resources discussed in the Final EIR/EIS remain applicable to any
potential paleontological resource impacts related to the proposed final design refinements to
the I-215/Placentia Avenue interchange. No additional avoidance, minimization, or mitigation
measures are required. The information in the Final EIR/EIS with regard to paleontology
remains valid.
• Hazardous Wastes and Materials. The study area for hazardous waste/materials in the Final
EIR/EIS was the Project footprint for all the MCP Build Alternatives (the area of physical
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improvements, the area of soil disturbance, and the proposed ROW acquisition boundaries)
plus a 0.25-mile radius from the project footprint (page 3.13-2 in the Final EIR/EIS). This study
area was selected because this area provided a reasonable boundary for assessing impacts to
the MCP Project from existing hazardous waste/materials sites. The closest hazardous release
sites to the I-215/Placentia Avenue interchange include the Cla-Val Company (24100 Water
Street) and Craftech Metal Forming, Inc. (24100 Water Street). The portion of the proposed final
design refinements for the I-215/Placentia Avenue interchange that extend beyond the original
footprint of the MCP Project on Frontage Road near Water Street include proposed fencing and
does not move transportation uses closer to the hazardous release sites. Additionally, the
proposed final design refinements for the I-215/Placentia Avenue interchange do not extend
beyond the study area for hazardous waste/materials. Therefore, the proposed final design
refinements for the I-215/Placentia Avenue interchange would not change the conclusions in the
Final EIR/EIS related to hazardous waste/materials or require any additional avoidance,
minimization, or mitigation measures.
• Air Quality. The proposed final design refinements for the I-215/Placentia Avenue interchange
that extend beyond the original footprint of the MCP Project include geometric refinements,
extension of the existing East Frontage Road, two new traffic signal, two new drainage basins
and a drainage facility, replacement of an existing culvert with a larger culvert, and a Class II
bike lane. None of these design refinements would change the construction assumptions or
change the forecasted traffic volumes included in the Final EIR/EIS. Therefore, the air quality
impact analysis would remain the same. The avoidance, minimization, and mitigation measures
related to air quality discussed in the Final EIR/EIS remain applicable to any construction
activities, specifically Mitigation Measures AQ-1 (Fugitive Dust Source Controls), AQ-2 (Mobile
and Stationary Source Controls), AQ-4 (Caltrans Standard Specifications for Construction), and
AQ-6 (Construction Emissions). Therefore, no new air quality impacts are anticipated as a result
of the proposed final design refinements for the I-215/Placentia Avenue interchange, and no
new analysis or measures are needed to address air quality impacts; therefore, the findings of
the Final EIR/EIS with regard to air quality remain valid.
• Noise. The proposed final design refinements for the I-215/Placentia Avenue interchange that
extend beyond the original footprint of the MCP Project would not result in any change to the
forecasted traffic volumes; therefore, the traffic noise analysis results would remain the same. In
accordance with Mitigation Measures N-2 (Construction Noise) on page 3.15-104 in the Final
EIR/EIS, and N-3 (Noise Ordinances) on page 3.15-105 in the Final EIR/EIS, construction of the
I-215/Placentia Avenue interchange would comply with local jurisdiction noise restrictions, as
well as Caltrans Standard Specifications Section 14-8.02 and Caltrans Standard Special
Provisions 14-8.02. The information in the Final EIR/EIS with regard to noise impacts remains
valid, and no additional avoidance, minimization, or mitigation measures are required.
• Natural Communities. The Supplemental Biological Study Area (BSA) for the proposed final
design refinements for the I-215/Placentia Avenue interchange consists of approximately 12
acres of additional areas beyond the original footprint of the MCP Project. The following table
summarizes the land cover of the additional areas impacted beyond the original footprint of the
MCP Project.
Vegetation/Land Cover (in acres)
Cropland 2.2
Developed/Ruderal 6.6
Non-Native Grassland 0.0
Riversidean Upland Sage
Scrub
3.0
Total 11.8
The land cover types in the Supplemental BSA include cropland, developed/ruderal, and
Riversidean upland sage scrub. Of these land covers, the only natural communities in the
Supplemental BSA are Riversidean upland sage scrub. Riversidean upland sage scrub in the
Supplemental BSA is dominated exclusively by California buckwheat (Eriogonum fasciculatum),
located along manufactured slopes, likely resulting from seeding after road construction. South
of undeveloped Placentia Avenue and Susan Lane, there is a small basin containing dead
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cattails (Typha sp.). There is a narrow band of Goodding’s willows (Salix gooddingii), mulefat
(Baccharis salicifolia), Mediterranean tamarisk (Tamarix ramosissima), and tree of heaven
(Ailanthus altissima) around the basin and extending eastward along a shallow ditch that
extends eastward from the basin and terminates before Indian Avenue. The woody vegetation is
associated exclusively with these man-made features, not with the jurisdictional drainages in the
BSA.
The basin and ditch are located along an EMWD pipeline. The small stand of dying woody
vegetation associated with these features is the result of a leaking blow-off valve structure that
went unreported and unnoticed for a period of time, but has subsequently been repaired.1
EMWD repaired the valve in 2016 and subsequently, the removal of that artificial water source
has resulted in the death of the majority of the willow trees and mule fat shrubs. Those
individuals of willow and mule fat that remain are expected to decline as well, and, without the
water source, no re-establishment of new willow trees or mule fat shrubs is expected.
In the Final EIR/EIS, impacts to 0.4 acre of Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP) Riparian/Riverine and California Department of Fish and Wildlife
(CDFW) areas were identified within the basin; however, this area does not currently meet the
definition of Riparian/Riverine areas in MSHCP Section 6.1.2, Protection of Species Associated
with Riparian/Riverine Areas and Vernal Pools, which excludes areas that are artificially created
(unless created as mitigation or by altering natural streams). The basin and ditch are artificially
created, and the water source is also artificial, as described in the preceding paragraph.
However, the basin was still included in the habitat assessment and the area was found to be
unsuitable.
There is no critical habitat within the Supplemental BSA; thus, no avoidance, minimization, or
mitigation measures for critical habitat are required. The site is within the Plan Area of the
Stephens’ Kangaroo Habitat Conservation Plan (HCP) and the Western Riverside County
MSHCP, which is discussed in the Threatened and Endangered Species Section below.
• Wetlands and Other Waters. The Supplemental BSA is within the jurisdiction of the Santa Ana
River Basin Regional Water Quality Board (RWQCB), the CDFW, and the United States Army
Corps of Engineers (USACE). Based on the updated site visits conducted within the
Supplemental BSA on April 9, 2018, April 26, 2018, and June 26, 2018, there will be 0.59 acre
of permanent effects to CDFW jurisdictional streambed, and 0.41 acre of permanent effects and
0.08 acre of temporary effects to non-wetland waters under USACE jurisdiction. There is no
riparian habitat associated with the streambed, and there are no wetlands within the
Supplemental BSA. The basin discussed above that was previously identified as an MSHCP
Riparian/Riverine area was also previously identified in the Final EIR/EIS as a CDFW
jurisdictional area; however, it has no surface connection to a jurisdictional streambed. The
basin was also assessed for potential wetlands. A soil pit dug in the basin by Biologists Stan
Spencer and Anthony Greco on April 24, 2018, showed that soils were not hydric. Wetland
sample points were taken at three other locations in the Supplemental BSA as well, and all
areas lacked one or more of the three required wetland parameters.
All CDFW effects are considered permanent. Temporary effects to USACE jurisdictional non-
wetland waters occur where fill material has already been discharged, such as riprap or a
concrete trapezoidal ditch, and these will be replaced by similar structures. Consistent with
Mitigation Measure WET-1 on page 3.18-45 in the Final EIR/EIS, mitigation for the 0.59 acre of
permanent effects of non-wetland waters of the U.S. and CDFW jurisdictional areas will consist
of mitigation at a 2:1 replacement ratio (totaling 1.18 acres), with a minimum of 1:1 replacement
through establishment or re-establishment occurring within the San Jacinto watershed. Of the
total 31.6 acres of non-wetlands that will be re-established as part of the overall MCP Project’s
Sweeney Mitigation Site, 1.18 acre will be utilized for mitigation of the non-wetland waters,
CDFW jurisdictional non-riparian streambed, and the riverine (non-San Jacinto River floodplain)
effects of the Project. The Sweeney Mitigation Site will be provided to the Western Riverside
County Regional Conservation Authority (RCA) for conservation. All mitigation is consistent with
the requirements of Mitigation Measures WET-1, on page 3.18-45 in the Final EIR/EIS, and
WET-2, on page 3.18-46 in the Final EIR/EIS (Permanent and Temporary Impacts to
1 Personal communication with Eli Rodriguez and Joe Howell, EMWD Water Operations.
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Jurisdictional Areas); no additional avoidance, minimization, or mitigation measures are
required. The creation of off-site mitigation at the Sweeney Mitigation Site will offset permanent
effects to jurisdictional waters; the replacement of similar temporarily impacted structures on-
site will offset temporary impacts; therefore, no additional compensatory mitigation will be
required.
• Plant Species. No special-status plant species were identified as present within the
Supplemental BSA. Therefore, no additional avoidance, minimization, or mitigation measures
are required.
• Animal Species. Special-status animal species, including various bat species, and western
burrowing owl (Athene cunicularia hypugaea) are potentially present in the Supplemental BSA.
Bats and burrowing owls were discussed previously in the Final EIR/EIS. Qualified bat biologist
Jill Carpenter conducted a bat habitat suitability assessment and determined that there were
multiple structures suitable for night roosting, but only one structure was suitable for day
roosting or maternity roosting. In compliance with Mitigation Measure AS-4, on page 3.20-15 in
the Final EIR/EIS, on June 30, 2018, a nighttime acoustic and emergence survey was
conducted at this structure, which is located beneath the western frontage road north of
Placentia Avenue. During that survey, no bats were observed roosting in or emerging from that
structure and the only bat species detected in the vicinity was Mexican free-tailed bat (Tadarida
brasiliensis ssp. mexicana). Additional bat species that were not detected during the survey, but
that have a moderate-to-high probability of foraging or, in some cases, potentially roosting within
the Supplemental BSA include western yellow bat (Lasiurus xanthinus), western mastiff bat
(Eumops perotis), big brown bat (Eptesicus fuscus), California myotis (Myotis californicus), and
western canyon bat (Parastrellus hesperus). Based on the 2018 nighttime survey, this structure
is not currently used as a maternity roost, and no additional avoidance and minimization
measures associated with maternity colonies or maternity-roosting habitat as required under
Mitigation Measure AS-4 are currently anticipated. However, for compliance with Mitigation
Measure AS-4, a follow-up nighttime maternity season survey will be required during June prior
to construction to ensure that maternity bats have not subsequently occupied the site. Seasonal
use of the roosting habitat within the structure outside of the maternity season is currently
unknown. If the culvert will be removed or modified for the Project, habitat mitigation may be
required by the CDFW to avoid net loss of bat-roosting habitat. In addition, measures to
minimize potential impacts to night-roosting bats including, but not limited to, minimizing night
lighting at structures used for night roosting, will be developed in coordination with the CDFW.
As discussed in the Final EIR/EIS, Mitigation Measure AS-1 on page 3.20-12, a pre-construction
burrowing owl survey will be required within 120 days prior to ground disturbance. If burrowing
owls are found to be present, avoidance measures will be conducted as described in detail in
the MCP MSHCP Consistency Determination Including Determination of Biologically Equivalent
or Superior Preservation Analysis. These avoidance measures will be conducted in consultation
and coordination with the RCA and the Wildlife Agencies using the methodology in a Burrowing
Owl Relocation Plan, and may include delimiting an avoidance buffer around active burrows,
delaying work in the vicinity of burrows until they are no longer active, or actively or passively
relocating the owls. Additionally, in order to comply with the MSHCP Table 9-2 Species
Conservation Summary, Species Objective 6 for the Burrowing Owl, a follow-up pre-
construction survey will be required within suitable habitat within 30 days prior to ground
disturbance. In addition, the avoidance, minimization, and mitigation measures related to
burrowing owl (Mitigation Measures AS-1 through AS-3, pages 3.20-12 to 3.20-13 in the Final
EIR/EIS) for the Project remain applicable to any potential impacts at the site; therefore, no
additional avoidance, minimization, or mitigation measures are required.
• Threatened and Endangered Species. One federally listed animal species, the Stephens’
kangaroo rat (Dipodomys stephensi; SKR), potentially has suitable habitat present within the
Supplemental BSA.
Stephens’ Kangaroo Rat. The proposed final design refinements for the I-215/Placentia
Avenue interchange that extend beyond the original footprint of the MCP Project, would impact
an additional 3.03 acres of Riversidean upland sage scrub. Including the additional 3.03 acres, \
the I-215/Placentia Avenue interchange will impact 17.50 acres of SKR suitable habitat,
consisting of 9.39 acres of non-native grassland and 8.11 acres of Riversidean upland sage
scrub. As specified by the Incidental Take Statement of the Biological Opinion Amendment,
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dated June 19, 2018, the FHWA and RCTC are required to monitor and report on compliance
with the established take threshold for all SKR habitat associated with the proposed action.
The United States Fish and Wildlife Service (USFWS) approved the Biological Opinion for the
MCP project on February 11, 2015, and an amendment was issued on June 19, 2018. Because
the original Biological Opinion did not include an Incidental Take Statement for SKR, the 2018
Biological Opinion Amendment provides for incidental take of up to 199.08 acres of SKR habitat.
SKR habitat consists of non-native grassland, alkali grassland, and Riversidean upland sage
scrub, as described in the Supplemental Natural Environment Study (NES) (2013). The specific
terms and conditions listed on page 7 of the Biological Opinion Amendment are already
provided for in Mitigation Measures NC-1 (page 3.17-61) and NC-7 (page 3.17-67), and
Mitigation Measure TE-2 (page 3.21-21) in the Final EIR/EIS. The monitoring report, which will
keep track of the allotted take of 199 acres stating the acreage of impacts to SKR habitat, will be
completed for the I-215/ Placentia Avenue interchange component of the MCP Project following
completion of construction.
• Invasive Species. The California Invasive Plant Council (Cal-IPC) Inventory (Cal-IPC 2017)
identifies non-native plants that are serious problems in wildlands (natural areas that support
native ecosystems, including national, state, and local parks, ecological reserves, wildlife areas,
national forests, and Bureau of Land Management lands, etc.). The inventory categorizes plants
as High, Moderate, or Limited based on the species’ negative ecological impact in California.
The Final EIR/EIS addressed 47 invasive/exotic plant species observed within the BSA for the
MCP Project. Of these 47 species, the invasive plant ratings for 7 species are categorized as
“High,” 19 species are categorized as “Moderate,” and 21 species are categorized as “Low.” An
additional five invasive species that are present within the Supplemental BSA were not included
in the Final EIR/EIS; they include tocalote (Centaurea melitensis), black mustard (Brassica
nigra), and wild oat (Avena fatua), all categorized as “Moderate;” and kochia (Kochia scoparia)
and puncture vine (Tribulus terrestris), categorized as “Limited.” The same impacts and
mitigation measures within the Final EIR/EIS will apply to these species as well.
The only species observed within the Supplemental BSA in 2018 that is rated as “High” is
Mediterranean tamarisk (Tamarix ramosissima) in the vicinity of the basin adjacent to the
EMWD repaired blow-off valve in the eastern portion of the Supplemental BSA. There are other
Moderate species, such as shortpod mustard, ripgut brome, wild oat (Avena fatua), Bermuda
grass (Cynodon dactylon), mouse barley, and tree tobacco (Nicotiana glauca). The construction
of the proposed final design refinements to the I-215/Placentia Avenue interchange may spread
invasive species through entering and exiting construction equipment contaminated by
invasives, the inclusion of invasive species in seed mixtures and mulch, and the improper
removal and disposal of invasive species so that its seed is spread along the highway. These
impacts are similar to the potential permanent impacts discussed in the Final EIR/EIS.
Therefore, the avoidance, minimization, and mitigation measures related to the invasive species
(Mitigation Measures IS-1 through IS-6 on pages 3.22-3 to 3.22-6 in the Final EIR/EIS) remain
applicable to the potential impacts, and no additional avoidance, minimization, or mitigation
measures are required.
• Cumulative Impacts. The cumulative impact analysis in Section 3.25 of the Final EIR/EIS
concluded that the MCP Project, when combined with the other anticipated cumulative projects,
would contribute to a cumulative loss of farmlands, cultural resources, paleontological
resources, natural communities, wetlands and other waters, plant species, animal species, and
threatened and endangered species. The cumulative impact analysis in the Final EIR/EIS also
concluded that the MCP Project would contribute to cumulative noise impacts. As discussed in
the analysis above, the proposed final design refinements for the I-215/Placentia Avenue
interchange would result in a nominal increase in impacts to farmlands, but would not result in
any changes to the impact conclusions or require any additional avoidance, minimization, or
mitigation measures. For the additional impacts discussed above to wetlands and other waters,
animal species, and threatened and endangered species, those impacts are fully mitigated as a
result of the mitigation provided by the Sweeney Mitigation Site and the mitigation measures
provided in the Final EIR/EIS. Therefore, impacts resulting from construction of the proposed
final design refinements to the I-215/Placentia Avenue interchange would not change the
findings previously presented in the Final EIR/EIS regarding cumulative impacts.
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Changes to avoidance, minimization, and/or mitigation measures since the environmental
document was approved.
Based on the analysis conducted for this Environmental Re-evaluation, no new significant impacts or
substantially increased impacts will result from the proposed final design refinements for the I-
215/Placentia Avenue interchange; and no additional avoidance, minimization, or mitigation measures
beyond those identified in the Final EIR/EIS are required.
Changes to environmental commitments since the environmental document was approved, e.g.,
the addition of new conditions in permits or approvals. When this applies, append a revised
Environmental Commitments Record (ECR) as one of the Continuation Sheets.
Because no additional avoidance, minimization, or mitigation measures beyond those identified in the
Final EIR/EIS are required, no changes to the Environmental Commitments Record in the Final EIR/EIS
(Appendix F) are required.
Conclusion
Per 23 Code of Federal Regulations (CFR) 771.130(b)(1), a supplemental EIS is not necessary when
the changes to the proposed action, new information, or new circumstances result in a lessening of
adverse environmental impacts evaluated in the EIS without causing other environmental impacts that
are significant and that were not evaluated in the EIS. Based on the above discussion, the proposed
final design refinements for the I-215/Placentia Avenue interchange that extend beyond the original
footprint of the MCP Project would not result in a substantial increase of adverse environmental impacts
or cause new significant impacts that have not already been evaluated in the Final EIS. That is, the
proposed final design refinements would not result in any new significant or substantially increased
adverse effects. Therefore, a supplemental EIS under NEPA is not required.
Per California Code of Regulations (CCR) Section 15164, an addendum to a previously certified EIR
shall be prepared if some changes or additions are necessary; however, none of the conditions
described in CCR Section 15162 calling for preparation of a subsequent EIR have occurred. Based on
the above discussion, the proposed final design refinements for the I-215/Placentia Avenue interchange
that extend beyond the original footprint of the MCP Project would not result in a substantial increase of
adverse environmental impacts or cause new significant impacts that have not already been evaluated
in the Final EIR. That is, the proposed final design refinements would not result in any new significant or
substantially increased significant effects. Therefore, an addendum to the previously certified Final EIR
is appropriate under CEQA.
Attachment: Figure 1: Areas of New Impact
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Figure 1: Areas of New Impact
130
17336.00035\31421905.1 1
Agreement No. 18-31-148-00
PROFESSIONAL SERVICES AGREEMENT
WITH STATE FUNDING/ASSISTANCE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT WITH
VALI COOPER & ASSOCIATES, INC.
FOR
CONSTRUCTION MANAGEMENT SERVICES, MATERIALS TESTING, AND
CONSTRUCTION SURVEYING
FOR THE
INTERSTATE 215/PLACENTIA AVENUE INTERCHANGE IMPROVMENTS
PROJECT
Parties and Date.
This Agreement is made and entered into this ___ day of _______, 2018, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the
Commission") and VALI COOPER & ASSOCIATES, INC. ("Consultant"), a
CORPORATION. The Commission and Consultant are sometimes referred to herein
individually as “Party”, and collectively as the “Parties”.
Recitals.
A. On November 8, 1988 the Voters of Riverside County approved Measure A
authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax
(the “tax”) to fund transportation programs and improvements within the County of
Riverside, and adopting the Riverside County Transportation Improvement Plan (the
“Plan”).
B. Pursuant to Public Utility Code Sections 240000 et seq., the Commission is
authorized to allocate the proceeds of the Tax in furtherance of the Plan.
C. On November 5, 2002, the voters of Riverside County approved an extension of
the Measure A tax for an additional thirty (30) years for the continued funding of
transportation and improvements within the County of Riverside.
D. A source of funding for payment for professional services provided under this
Agreement is state funds administered by the California Department of Transportation
(“Caltrans”) pursuant to the following project/program: [___INSERT FUNDING
SOURCE__].
ATTACHMENT 4
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17336.00035\31421905.1 2
E. Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the Commission on the terms and conditions
set forth in this Agreement. Consultant represents that it is experienced in providing
construction management services to public clients, is licensed in the State of California
(if necessary), and is familiar with the plans of the Commission.
F. The Commission desires to engage Consultant to render such services for the
Interstate 215/Placentia Avenue Interchange Improvements Project (“Project”), as set
forth in this Agreement.
Terms.
1. General Scope of Services. Consultant shall furnish all technical and
professional services, including labor, material, equipment, transportation, supervision
and expertise, and incidental and customary work necessary to fully and adequately
supply the professional construction management services, materials testing, and
construction surveying services necessary for the Project (“Services”). The Services
are more particularly described in Exhibit “A” attached hereto and incorporated herein
by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
2. Commencement of Services. [___USE THIS PARAGRAPH IF NOTICE TO
PROCEED OR LIMITED NOTICE TO PROCEED HAS BEEN ISSUED___]
Commission has authorized Consultant to commence performance of the Services by a
“Notice to Proceed” or "Limited Notice to Proceed" dated _____________. Consultant
agrees that Services already performed pursuant to the “Notice to Proceed” or "Limited
Notice to Proceed" shall be governed by all the provisions of this Agreement, including
all indemnification and insurance provisions.
[___USE THIS SENTENCE IF NO NOTICE TO PROCEED OR LIMITED
NOTICE TO PROCEED HAS BEEN ISSUED___] The Consultant shall commence
work upon receipt of a written "Notice to Proceed" or "Limited Notice to Proceed" from
Commission.
3. Pre-Award Audit. As a result of the state funding for this Project, and to the
extent Caltrans procedures apply in connection therewith, issuance of a “Notice to
Proceed” may be contingent upon completion and approval of a pre-award audit. Any
questions raised during the pre-award audit shall be resolved before the Commission
will consider approval of this Agreement. The state aid provided under this Agreement
is contingent on meeting all state requirements and could be withdrawn, thereby
entitling the Commission to terminate this Agreement, if the procedures are not
completed. The Consultant’s files shall be maintained in a manner to facilitates State
process reviews.
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17336.00035\31421905.1 3
4. Caltrans Audit Procedures. Consultant and subconsultant contracts, including
cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a
contract audit, an incurred cost audit, an Independent Cost Review (ICR) Audit, or a
CPA ICR audit work paper review. If selected for audit or review, this Agreement,
Consultant’s cost proposal and ICR and related work papers, if applicable, will be
reviewed to verify compliance with 48 CFR, Part 31 and other related laws and
regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s
responsibility to ensure state, or local government officials are allowed full access to the
CPA’s work papers including making copies as necessary. This Agreement,
Consultant’s cost proposal, and ICR shall be adjusted by Consultant and approved by
the Commission’s contract manager to conform to the audit or review
recommendations. Consultant agrees that individual terms of costs identified in the audit
report shall be incorporated into this Agreement by this reference if directed by
Commission at its sole discretion. Refusal by Consultant to incorporate audit or review
recommendations, or to ensure that the state or local governments have access to CPA
work papers, will be considered a breach of the Agreement terms and cause for
termination of this Agreement and disallowance of prior reimbursed costs. Additional
audit provisions applicable to this Agreement are set forth in Sections 23 and 24 of this
Agreement.
5. Term.
5.1 This Agreement shall go into effect on the date first set forth above,
contingent upon approval by Commission, and Consultant shall commence work after
notification to proceed by Commission’s Contract Administrator. This Agreement shall
end on [___INSERT END DATE__], unless extended by contract amendment.
5.2 Consultant is advised that any recommendation for Agreement award is
not binding on Commission until this Agreement is fully executed and approved by the
Commission.
5.3 This Agreement shall remain in effect until the date set forth above, unless
earlier terminated as provided herein. Consultant shall complete the Services within
the term of this Agreement, and shall meet any other established schedules and
deadlines. All applicable indemnification provisions of this Agreement shall remain in
effect following the termination of this Agreement.
6. Commission’s Contract Administrator. The Commission hereby designates the
Commission’s Executive Director, or his or her designee, to act as its Contract
Administrator for the performance of this Agreement (“Commission’s Contract
Administrator”). Commission’s Contract Administrator shall have the authority to act on
behalf of the Commission for all purposes under this Agreement. Commission’s
Contract Administrator shall also review and give approval, as needed, to the details of
Consultant’s work as it progresses. Consultant shall not accept direction or orders from
any person other than the Commission’s Contract Administrator or his or her designee.
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7. Consultant’s Representative. Consultant hereby designates [__INSERT NAME
OR TITLE___] to act as its Representative for the performance of this Agreement
(“Consultant’s Representative”). Consultant’s Representative shall have full authority to
act on behalf of Consultant for all purposes under this Agreement. The Consultant’s
Representative shall supervise and direct the Services, using his or her professional
skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement. Consultant shall work closely and cooperate fully with
Commission’s Contract Administrator and any other agencies which may have
jurisdiction over, or an interest in, the Services. Consultant’s Representative shall be
available to the Commission staff at all reasonable times. Any substitution in
Consultant’s Representative shall be approved in writing by Commission’s Contract
Administrator.
8. Substitution of Key Personnel. Consultant has represented to the Commission
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon written approval by
the Commission. In the event that the Commission and Consultant cannot agree as to
the substitution of the key personnel, the Commission shall be entitled to terminate this
Agreement for cause, pursuant to the provisions herein. The key personnel for
performance of this Agreement are as follows: [__INSERT NAMES OF KEY
PERSONNEL__].
9. Standard of Care; Licenses. Consultant represents and maintains that it is
skilled in the professional calling necessary to perform all Services, duties and
obligations required by this Agreement to fully and adequately complete the Project.
Consultant shall perform the Services and duties in conformance to and consistent with
the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services
assigned to them. Consultant further represents and warrants to the Commission that
its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that
such licenses and approvals shall be maintained throughout the term of this Agreement.
Consultant shall perform, at its own cost and expense and without reimbursement from
the Commission, any services necessary to correct errors or omissions which are
caused by the Consultant’s failure to comply with the standard of care provided for
herein, and shall be fully responsible to the Commission for all damages and other
liabilities provided for in the indemnification provisions of this Agreement arising from
the Consultant’s errors and omissions. Any employee of Consultant or its sub-
consultants who is determined by the Commission to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project, a threat to the safety of
persons or property, or any employee who fails or refuses to perform the Services in a
manner acceptable to the Commission, shall be promptly removed from the Project by
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the Consultant and shall not be re-employed to perform any of the Services or to work
on the Project.
10. Independent Contractor. The Services shall be performed by Consultant or
under its supervision. Consultant will determine the means, methods and details of
performing the Services subject to the requirements of this Agreement. Commission
retains Consultant on an independent contractor basis and not as an employee, agent
or representative of the Commission. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall at all times
be under Consultant’s exclusive direction and control. Consultant shall pay all wages,
salaries and other amounts due such personnel in connection with their performance of
Services and as required by law. Consultant shall be responsible for all reports and
obligations respecting such personnel, including but not limited to, social security taxes,
income tax withholdings, unemployment insurance, disability insurance, and workers’
compensation insurance.
11. Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set
forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant
represents that it has the professional and technical personnel to perform the Services
in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, the Commission shall respond to Consultant’s submittals in a timely
manner. Upon request of Commission’s Contract Administrator, Consultant shall
provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
11.1 Modification of the Schedule. Consultant shall regularly report to the
Commission, through correspondence or progress reports, its progress in providing
required Services within the scheduled time periods. Commission shall be promptly
informed of all anticipated delays. In the event that Consultant determines that a
schedule modification is necessary, Consultant shall promptly submit a revised
Schedule of Services for approval by Commission’s Contract Administrator.
11.2 Trend Meetings. Consultant shall conduct trend meetings with the
Commission’s Contract Administrator and other interested parties, as requested by the
Commission, on a bi weekly basis or as may be mutually scheduled by the Parties at a
standard day and time. These trend meetings will encompass focused and informal
discussions concerning scope, schedule, and current progress of Services, relevant
cost issues, and future Project objectives. Consultant shall be responsible for the
preparation and distribution of meeting agendas to be received by the Commission and
other attendees no later than three (3) working days prior to the meeting.
11.3 Progress Reports. As part of its monthly invoice, Consultant shall submit
a progress report, in a form determined by the Commission, which will indicate the
progress achieved during the previous month in relation to the Schedule of Services.
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Submission of such progress report by Consultant shall be a condition precedent to
receipt of payment from the Commission for each monthly invoice submitted.
12. Delay in Performance.
12.1 Excusable Delays. Should Consultant be delayed or prevented from the
timely performance of any act or Services required by the terms of the Agreement by
reason of acts of God or of the public enemy, acts or omissions of the Commission or
other governmental agencies in either their sovereign or contractual capacities, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually
severe weather, performance of such act shall be excused for the period of such delay.
12.2 Written Notice. If Consultant believes it is entitled to an extension of time
due to conditions set forth in subsection 12.1, Consultant shall provide written notice to
the Commission within seven (7) working days from the time Consultant knows, or
reasonably should have known, that performance of the Services will be delayed due to
such conditions. Failure of Consultant to provide such timely notice shall constitute a
waiver by Consultant of any right to an excusable delay in time of performance.
12.3 Mutual Agreement. Performance of any Services under this Agreement
may be delayed upon mutual agreement of the Parties. Upon such agreement,
Consultant’s Schedule of Services shall be extended as necessary by the Commission.
Consultant shall take all reasonable steps to minimize delay in completion, and
additional costs, resulting from any such extension.
13. Preliminary Review of Work. All reports, working papers, and similar work
products prepared for submission in the course of providing Services under this
Agreement shall be submitted to the Commission’s Contract Administrator in draft form,
and the Commission may require revisions of such drafts prior to formal submission and
approval. In the event plans and designs are to be developed as part of the Project,
final detailed plans and designs shall be contingent upon obtaining environmental
clearance as may be required in connection with state funding. In the event that
Commission’s Contract Administrator, in his or her sole discretion, determines the
formally submitted work product to be not in accordance with the standard of care
established under this Agreement, Commission’s Contract Administrator may require
Consultant to revise and resubmit the work at no cost to the Commission.
14. Appearance at Hearings. If and when required by the Commission, Consultant
shall render assistance at public hearings or other meetings related to the Project or
necessary to the performance of the Services. However, Consultant shall not be
required to, and will not, render any decision, interpretation or recommendation
regarding questions of a legal nature or which may be construed as constituting a legal
opinion.
15. Opportunity to Cure; Inspection of Work. Commission may provide Consultant
an opportunity to cure, at Consultant’s expense, all errors and omissions which may be
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disclosed during Project implementation. Should Consultant fail to make such
correction in a timely manner, such correction may be made by the Commission, and
the cost thereof charged to Consultant. Consultant shall allow the Commission’s
Contract Administrator and Caltrans to inspect or review Consultant’s work in progress
at any reasonable time.
16. Claims Filed by Contractor.
16.1 If claims are filed by the Commission’s contractor for the Project
(“Contractor”) relating to work performed by Consultant’s personnel, and additional
information or assistance from the Consultant’s personnel is required by the
Commission in order to evaluate or defend against such claims; Consultant agrees to
make reasonable efforts to make its personnel available for consultation with the
Commission’s construction contract administration and legal staff and for testimony, if
necessary, at depositions and at trial or arbitration proceedings.
16.2 Consultant’s personnel that the Commission considers essential to assist
in defending against Contractor claims will be made available on reasonable notice from
the Commission. Consultation or testimony will be reimbursed at the same rates,
including travel costs that are being paid for the Consultant’s personnel services under
this Agreement.
16.3 Services of the Consultant’s personnel and other support staff in
connection with Contractor claims will be performed pursuant to a written contract
amendment, if necessary, extending the termination date of this Agreement in order to
finally resolve the claims.
16.4 Nothing contained in this Section shall be construed to in any way limit
Consultant’s indemnification obligations contained in Section 29. In the case of any
conflict between this Section and Section 29, Section 29 shall govern. This Section is
not intended to obligate the Commission to reimburse Consultant for time spent by its
personnel related to Contractor claims for which Consultant is required to indemnify and
defend the Commission pursuant to Section 29 of this Agreement.
17. Final Acceptance. Upon determination by the Commission that Consultant has
satisfactorily completed the Services required under this Agreement and within the term
herein, the Commission shall give Consultant a written Notice of Final Acceptance.
Upon receipt of such notice, Consultant shall incur no further costs hereunder, unless
otherwise specified in the Notice of Final Acceptance. Consultant may request
issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily
completed all Services required under the terms of this Agreement.
18. Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. For example, and not by way
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of limitation, Consultant shall keep itself fully informed of and in compliance with all
implementing regulations, design standards, specifications, previous commitments that
must be incorporated in the design of the Project, and administrative controls including
those of the United States Department of Transportation. Compliance with Federal
procedures may include completion of the applicable environmental documents and
approved by the United States Department of Transportation. For example, and not by
way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or
published Record of Decision may be required to be approved and/or completed by the
United States Department of Transportation. Consultant shall be liable for all violations
of such laws and regulations in connection with Services. If the Consultant performs
any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the Commission, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
19. Fees and Payment.
19.1 The method of payment for this Agreement will be based on actual cost
plus a fixed fee. Commission shall reimburse Consultant for actual costs (including labor
costs, employee benefits, travel, equipment rental costs, overhead and other direct
costs) incurred by Consultant in performance of the Services. Consultant shall not be
reimbursed for actual costs that exceed the estimated wage rates, employee benefits,
travel, equipment rental, overhead, and other estimated costs set forth in the approved
Consultant cost proposal attached hereto as Exhibit “C” and incorporated herein by
reference (“Cost Proposal”) unless additional reimbursement is provided for by a written
amendment. In no event shall Consultant be reimbursed for overhead costs at a rate
that exceeds Commission’s approved overhead rate set forth in the Cost Proposal. The
overhead rates included in the attached Exhibit “C” shall be fixed for the term of the
Master Agreement, and shall not be subject to adjustment. In the event that
Commission determines that a change to the Services from that specified in the Cost
Proposal and this Agreement is required, the contract time or actual costs reimbursable
by Commission shall be adjusted by contract amendment to accommodate the changed
work. The maximum total cost as specified in Section 19.8 shall not be exceeded,
unless authorized by a written amendment.
19.2 In addition to the allowable incurred costs, Commission shall pay
Consultant a fixed fee of [___INSERT DOLLAR AMOUNT___]. The fixed fee is
nonadjustable for the term of this Agreement, except in the event of a significant change
in the Scope of Services, and such adjustment is made by written amendment.
19.3 Reimbursement for transportation and subsistence costs shall not exceed
the rates specified in the approved Cost Proposal. In addition, payments to Consultant
for travel and subsistence expenses claimed for reimbursement or applied as local
match credit shall not exceed rates authorized to be paid exempt non-represented State
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employees under current State Department of Personnel Administration (DPA) rules,
unless otherwise authorized by Commission. If the rates invoiced are in excess of
those authorized DPA rates, and Commission has not otherwise approved said rates,
then Consultant is responsible for the cost difference and any overpayments shall be
reimbursed to the Commission on demand.
19.4 When milestone cost estimates are included in the approved Cost
Proposal, Consultant shall obtain prior written approval for a revised milestone cost
estimate from the Contract Administrator before exceeding such cost estimate.
19.5 Progress payments shall be made monthly in arrears based on Services
provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee shall
be included in the monthly progress payments. If Consultant fails to submit the required
deliverable items according to the schedule set forth in the Scope of Services,
Commission shall have the right to delay payment or terminate this Agreement in
accordance with the provisions of Section 21 Termination.
19.6 No payment shall be made prior to approval of any Services, nor for any
Services performed prior to approval of this Agreement.
19.7 Consultant shall be reimbursed, as promptly as fiscal procedures will
permit upon receipt by Commission’s Contract Administrator of itemized invoices in
triplicate. Invoices shall be submitted no later than 45 calendar days after the
performance of work for which Consultant is billing. Invoices shall detail the work
performed on each milestone and each project as applicable. Invoices shall follow the
format stipulated for the approved Cost Proposal and shall reference this Agreement
number and project title. Final invoice must contain the final cost and all credits due
Commission including any equipment purchased under the Equipment Purchase
provisions of this Agreement. The final invoice should be submitted within 60 calendar
days after completion of Consultant’s work. Invoices shall be mailed to Commission’s
Contract Administrator at the following address:
Riverside County Transportation Commission
Attention: Accounts Payable
P.O. 12008
Riverside, CA 92502
19.8 The total amount payable by Commission including the fixed fee shall not
exceed [___INSERT DOLLAR AMOUNT___].
19.9 Salary increases shall be reimbursable if the new salary is within the
salary range identified in the approved Cost Proposal and is approved by Commission’s
Contract Administrator. For personnel subject to prevailing wage rates as described in
the California Labor Code, all salary increases, which are the direct result of changes in
the prevailing wage rates are reimbursable.
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19.10 Consultant shall not be reimbursed for any expenses unless authorized in
writing by the Commission’s Contract Administrator.
19.11 All subcontracts in excess of $25,000 shall contain the above provisions.
20. Disputes.
20.1 Any dispute, other than audit, concerning a question of fact arising under
this Agreement that is not disposed of by mutual agreement of the Parties shall be
decided by a committee consisting of RCTC’s Contract Administrator and the Director of
Capital Projects, who may consider written or verbal information submitted by
Consultant.
20.2 Not later than 30 days after completion of all Services under this
Agreement, Consultant may request review by the Commission’s Executive Director of
unresolved claims or disputes, other than audit. The request for review will be submitted
in writing.
20.3 Neither the pendency of a dispute, nor its consideration by the committee
will excuse Consultant from full and timely performance in accordance with the terms of
this Agreement.
21. Termination.
21.1 Commission reserves the right to terminate this Agreement for any or no
reason upon thirty (30) calendar days written notice to Consultant with the reasons for
termination stated in the notice.
21.2 Commission may terminate this Agreement with Consultant should
Consultant fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination, Commission may proceed with the
work in any manner deemed proper by Commission. If Commission terminates this
Agreement with Consultant, Commission shall pay Consultant the sum due to
Consultant under this Agreement for Services completed and accepted prior to
termination, unless the cost of completion to Commission exceeds the funds remaining
in this Agreement. In such case, the overage shall be deducted from any sum due
Consultant under this Agreement and the balance, if any, shall be paid to Consultant
upon demand.
21.3 In addition to the above, payment upon termination shall include a
prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit
on unperformed Services. Consultant shall provide documentation deemed adequate by
Commission’s Contract Administrator to show the Services actually completed by
Consultant prior to the effective date of termination. This Agreement shall terminate on
the effective date of the Notice of Termination.
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21.4 Discontinuance of Services. Upon receipt of the written Notice of
Termination, Consultant shall discontinue all affected Services as directed in the Notice
or as otherwise provided herein, and deliver to the Commission all Documents and
Data, as defined in this Agreement, as may have been prepared or accumulated by
Consultant in performance of the Services, whether completed or in progress.
21.5 Effect of Termination for Cause. In addition to the above, Consultant shall
be liable to the Commission for any reasonable additional costs incurred by the
Commission to revise work for which the Commission has compensated Consultant
under this Agreement, but which the Commission has determined in its sole discretion
needs to be revised, in part or whole, to complete the Project because it did not meet
the standard of care established herein. Termination of this Agreement for cause may
be considered by the Commission in determining whether to enter into future
agreements with Consultant.
21.6 Cumulative Remedies. The rights and remedies of the Parties provided in
this Section are in addition to any other rights and remedies provided by law or under
this Agreement.
21.7 Waivers. Consultant, in executing this Agreement, shall be deemed to
have waived any and all claims for damages which may otherwise arise from the
Commission’s termination of this Agreement, for convenience or cause, as provided in
this Section.
21.8 Consultant may not terminate this Agreement except for cause.
22. Cost Principles and Administrative Requirements.
22.1 Consultant agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be
used to determine the cost allowability of individual items.
22.2 Consultant also agrees to comply with federal procedures in accordance
with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
22.3 Any costs for which payment has been made to Consultant that are
determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by Consultant to Commission.
22.4 All subcontracts in excess of $25,000 shall contain the above provisions.
23. Retention of Records/Audit. For the purpose of determining compliance with
Public Contract Code 10115, et seq. and Title 21, California Code of Regulations,
Chapter 21, Section 2500 et seq., when applicable and other matters connected with
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the performance of this Agreement pursuant to Government Code 8546.7; Consultant,
subconsultants, and Commission shall maintain and make available for inspection all
books, documents, papers, accounting records, and other evidence pertaining to the
performance of this Agreement, including but not limited to, the costs of administering
this Agreement. All parties shall make such materials available at their respective
offices at all reasonable times during this Agreement period and for three years from the
date of final payment under this Agreement. The state, State Auditor or Commission
shall have access to any books, records, and documents of Consultant and it’s certified
public accountants (CPA) work papers that are pertinent to this Agreement and indirect
cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof
shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this
provision.
23.1 Accounting System. Consultant and its subcontractors shall establish
and maintain an accounting system and records that properly accumulate and
segregate expenditures by line item for the Services. The accounting system of
Consultant and its subcontractors shall conform to Generally Accepted Accounting
Principles (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or invoices.
24. Audit Review Procedures.
24.1 Any dispute concerning a question of fact arising under an interim or post
audit of this Agreement that is not disposed of by agreement, shall be reviewed by
Commission’s Chief Financial Officer.
24.2 Not later than 30 days after issuance of the final audit report, Consultant
may request a review by Commission’s Chief Financial Officer of unresolved audit
issues. The request for review shall be submitted in writing.
24.3 Neither the pendency of a dispute nor its consideration by Commission
shall excuse Consultant from full and timely performance, in accordance with the terms
of this Agreement.
25. Subcontracting.
25.1 Nothing contained in this Agreement or otherwise, shall create any
contractual relation between Commission and any subconsultant(s), and no subcontract
shall relieve Consultant of its responsibilities and obligations hereunder. Consultant
agrees to be as fully responsible to Commission for the acts and omissions of its
subconsultant(s) and of persons either directly or indirectly employed by any of them as
it is for the acts and omissions of persons directly employed by Consultant.
Consultant’s obligation to pay its subconsultant(s) is an independent obligation from
Commission’s obligation to make payments to the Consultant.
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25.2 Consultant shall perform the Services with resources available within its
own organization and no portion of the Services shall be subcontracted without written
authorization by Commission’s Contract Administrator, except that, which is expressly
identified in the approved Cost Proposal.
25.3 Consultant shall pay its subconsultants within ten (10) calendar days from
receipt of each payment made to Consultant by Commission.
25.4 Any subcontract in excess of $25,000 entered into as a result of this
Agreement shall contain all the provisions stipulated in this Agreement to be applicable
to subconsultants.
25.5 Any substitution of subconsultant(s) must be approved in writing by
Commission’s Contract Administrator prior to the start of work by the subconsultant(s).
25.6 Exhibit “C” may also set forth the rates at which each subconsultant shall
bill the Consultant for Services and that are subject to reimbursement by the
Commission to Consultant. Additional Direct Costs, as defined in Exhibit “C” shall be
the same for both the Consultant and all subconsultants, unless otherwise identified in
Exhibit “C”. The subconsultant rate schedules and cost proposals contained herein are
for accounting purposes only.
26. Equipment Purchase
26.1 Prior authorization, in writing, by Commission’s Contract Administrator
shall be required before Consultant enters into any unbudgeted purchase order, or
subcontract for supplies, equipment, or Consultant services. Consultant shall provide an
evaluation of the necessity or desirability of incurring such costs.
26.2 For purchase of any item, service or consulting work not covered in
Consultant’s Cost Proposal and exceeding $5,000 prior authorization by Commission’s
Contract Administrator is required. Three competitive quotations must be submitted
with the request for such purchase, or the absence of bidding must be adequately
justified.
26.3 Any equipment purchased as a result of this Agreement is subject to the
following:
Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable
property is defined as having a useful life of at least two years and an acquisition cost of
$5,000 or more. If the purchased equipment needs replacement and is sold or traded in,
Commission shall receive a proper refund or credit at the conclusion of this Agreement,
or if this Agreement is terminated, Consultant may either keep the equipment and credit
Commission in an amount equal to its fair market value, or sell such equipment at the
best price obtainable at a public or private sale, in accordance with established
Commission procedures; and credit Commission in an amount equal to the sales price.
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If Consultant elects to keep the equipment, fair market value shall be determined at
Consultant’s expense, on the basis of a competent independent appraisal of such
equipment. Appraisals shall be obtained from an appraiser mutually agreeable to
Commission and Consultant. If Consultant determines to sell the equipment, the terms
and conditions of such sale must be approved in advance by Commission. 2 CFR, Part
200 requires a credit to Federal funds when participating equipment with a fair market
value greater than $5,000 is credited to the project.
26.4 All subcontracts in excess $25,000 shall contain the above provisions.
27. Labor Code Requirements.
27.1 Prevailing Wages.
(a) Consultant shall comply with the State of California’s General Prevailing
Wage Rate requirements in accordance with California Labor Code, Section 1770, and
all Federal, State, and local laws and ordinances applicable to the Services.
(b) Any subcontract entered into as a result of this Agreement, if for more
than $25,000 for public works construction or more than $15,000 for the alteration,
demolition, repair, or maintenance of public works, shall contain all of the provisions of
this Section.
(c) When prevailing wages apply to the Services described in the Scope of
Services, transportation and subsistence costs shall be reimbursed at the minimum
rates set by the Department of Industrial Relations (DIR) as outlined in the applicable
Prevailing Wage Determination. See http://www.dir.ca.gov.
(d) Copies of the prevailing rate of per diem wages in effect at
commencement of this Agreement are on file at the Commission’s offices. Consultant
shall make copies of the prevailing rates of per diem wages for each craft, classification
or type of worker needed to execute the Services available to interested parties upon
request, and shall post copies at the Consultant’s principal place of business and at the
project site. Consultant shall defend, indemnify and hold the Commission, its elected
officials, officers, employees and agents free and harmless from any claims, liabilities,
costs, penalties or interest arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
27.2 DIR Registration. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5
and 1771.1, the Consultant and all applicable subconsultants must be registered with
the Department of Industrial Relations. If applicable, Consultant shall maintain
registration for the duration of the Project and require the same of any subconsultants.
This Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply
with all applicable registration and labor compliance requirements.
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27.3 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight
hours of labor shall constitute a legal day’s work, and the time of service of any worker
employed on the work shall be limited and restricted to eight hours during any one
calendar day, and forty hours in any one calendar week, except when payment for
overtime is made at not less than one and one-half the basic rate for all hours worked in
excess of eight hours per day (“Eight-Hour Law”), unless Consultant or the Services are
not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty,
$50.00 for each worker employed in the execution of this Agreement by him, or by any
sub-consultant under him, for each calendar day during which such workman is required
or permitted to work more than eight hours in any calendar day and forty hours in any
one calendar week without such compensation for overtime violation of the provisions of
the California Labor Code, unless Consultant or the Services are not subject to the
Eight-Hour Law.
27.4 Employment of Apprentices. This Agreement shall not prevent the employment
of properly indentured apprentices in accordance with the California Labor Code, and
no employer or labor union shall refuse to accept otherwise qualified employees as
indentured apprentices on the work performed hereunder solely on the ground of race,
creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid
the standard wage paid to apprentices under the regulations of the craft or trade in
which he or she is employed and shall be employed only in the craft or trade to which
he or she is registered.
If California Labor Code Section 1777.5 applies to the Services, Consultant and any
subcontractor hereunder who employs workers in any apprenticeable craft or trade shall
apply to the joint apprenticeship council administering applicable standards for a
certificate approving Consultant or any sub-consultant for the employment and training
of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant
shall employ the number of apprentices provided for therein, as well as contribute to the
fund to administer the apprenticeship program in each craft or trade in the area of the
work hereunder.
The parties expressly understand that the responsibility for compliance with provisions
of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor
Code in regard to all apprenticeable occupations lies with Consultant
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28. Ownership of Materials/Confidentiality.
28.1 Documents & Data. This Agreement creates an exclusive and perpetual
license for Commission to copy, use, modify, reuse, or sub-license any and all
copyrights and designs embodied in plans, specifications, studies, drawings, estimates,
materials, data and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that Commission is
granted an exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to grant the
exclusive and perpetual license for all such Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents & Data at any
time, provided that any such use not within the purposes intended by this Agreement
shall be at Commission’s sole risk.
28.2 Intellectual Property. In addition, Commission shall have and retain all
right, title and interest (including copyright, patent, trade secret and other proprietary
rights) in all plans, specifications, studies, drawings, estimates, materials, data,
computer programs or software and source code, enhancements, documents, and any
and all works of authorship fixed in any tangible medium or expression, including but not
limited to, physical drawings or other data magnetically or otherwise recorded on
computer media (“Intellectual Property”) prepared or developed by or on behalf of
Consultant under this Agreement as well as any other such Intellectual Property
prepared or developed by or on behalf of Consultant under this Agreement.
The Commission shall have and retain all right, title and interest in Intellectual Property
developed or modified under this Agreement whether or not paid for wholly or in part by
Commission, whether or not developed in conjunction with Consultant, and whether or
not developed by Consultant. Consultant will execute separate written assignments of
any and all rights to the above referenced Intellectual Property upon request of
Commission.
Consultant shall also be responsible to obtain in writing separate written assignments
from any subcontractors or agents of Consultant of any and all right to the above
referenced Intellectual Property. Should Consultant, either during or following
termination of this Agreement, desire to use any of the above-referenced Intellectual
Property, it shall first obtain the written approval of the Commission.
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All materials and documents which were developed or prepared by the Consultant for
general use prior to the execution of this Agreement and which are not the copyright of
any other party or publicly available and any other computer applications, shall continue
to be the property of the Consultant. However, unless otherwise identified and stated
prior to execution of this Agreement, Consultant represents and warrants that it has the
right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and perpetual license to
copy, use, modify or sub-license any and all Intellectual Property otherwise owned by
Consultant which is the basis or foundation for any derivative, collective, insurrectional,
or supplemental work created under this Agreement.
28.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information,
and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by
Consultant. Such materials shall not, without the prior written consent of Commission,
be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use Commission’s
name or insignia, photographs of the Project, or any publicity pertaining to the Services
or the Project in any magazine, trade paper, newspaper, television or radio production
or other similar medium without the prior written consent of Commission.
28.4 Infringement Indemnification. Consultant shall defend, indemnify and hold
the Commission, its directors, officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or
any other proprietary right of any person or entity in consequence of the use on the
Project by Commission of the Documents & Data, including any method, process,
product, or concept specified or depicted.
29. Indemnification. To the fullest extent permitted by law, Consultant shall defend
(with counsel of Commission’s choosing), indemnify and hold Commission, its directors,
officials, officers, employees, consultants, volunteers, and agents free and harmless
from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to alleged negligent acts, omissions, or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants, and
contractors arising out of or in connection with the performance of the Services, the
Project or this Agreement, including without limitation the payment of consequential
damages, expert witness fees, and attorneys fees and other related costs and
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expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any
and all such aforesaid suits, actions or other legal proceedings of every kind that may
be brought or instituted against Commission, its directors, officials, officers, employees,
consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against Commission or its directors, officials,
officers, employees, consultants, agents, or volunteers, in any such suit, action or other
legal proceeding. Consultant shall reimburse Commission and its directors, officials,
officers, employees, consultants, agents, and/or volunteers, for any and all legal
expenses and costs, including reasonable attorney’s fees, incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Commission, its directors, officials officers, employees, consultants, agents, or
volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of
Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall
be limited to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a
final adjudication by a court of competent jurisdiction, Consultant’s liability for such
claim, including the cost to defend, shall not exceed the Consultant’s proportionate
percentage of fault.
Consultant’s obligations as set forth in this Section shall survive expiration or
termination of this Agreement.
30. Insurance.
30.1 Time for Compliance. Consultant shall not commence work under this
Agreement until it has provided evidence satisfactory to the Commission that it has
secured all insurance required under this Section, in a form and with insurance
companies acceptable to the Commission. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has secured all insurance
required under this Section.
30.2 Minimum Requirements. Consultant shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives,
employees or subcontractors. Consultant shall also require all of its subcontractors to
procure and maintain the same insurance for the duration of the Agreement. Such
insurance shall meet at least the following minimum levels of coverage:
(a) Minimum Scope of Insurance. Coverage shall be at least as broad
as the latest version of the following: (1) General Liability: Insurance Services Office
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Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA
0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
(b) Minimum Limits of Insurance. Consultant shall maintain limits no
less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form
with general aggregate limit is used, either the general aggregate limit shall apply
separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit. Limits may be achieved by any combination of primary and
excess or umbrella liability insurance; (2) Automobile Liability: $2,000,000 per accident
for bodily injury and property damage. Limits may be achieved by any combination of
primary and excess or umbrella liability insurance; and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the
State of California. Employer’s Practices Liability limits of $1,000,000 per accident.
30.3 Professional Liability. Consultant shall procure and maintain, and require
its sub-consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their
profession. For Consultant, such insurance shall be in an amount not less than
$1,000,000 per claim. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Consultant. “Covered
Professional Services” as designated in the policy must specifically include work
performed under this Agreement. The policy must “pay on behalf of” the insured and
must include a provision establishing the insurer’s duty to defend. Subconsultants of
Consultant shall obtain such insurance in an amount not less than $1,000,000 per
claim. Notwithstanding the foregoing, the Commission may consider written requests to
lower or dispense with the errors and omissions liability insurance requirement
contained in this Section for certain subconsultants of Consultant, on a case-by-case
basis, depending on the nature and scope of the Services to be provided by the
subconsultant. Approval of such request shall be in writing, signed by the
Commission’s Contract Administrator.
30.4 Aircraft Liability Insurance. Prior to conducting any Services requiring use
of aircraft, Consultant shall procure and maintain, or cause to be procured and
maintained, aircraft liability insurance or equivalent form, with a single limit as shall be
required by the Commission. Such insurance shall include coverage for owned, hired
and non-owned aircraft and passengers, and shall name, or be endorsed to name, the
Commission, Caltrans and their directors, officials, officers, employees and agents as
additional insureds with respect to the Services or operations performed by or on behalf
of the Consultant.
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30.5 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms approved by
the Commission to add the following provisions to the insurance policies:
(a) General Liability.
(i) Commercial General Liability Insurance must include
coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising
Injury; (3) premises/operations liability; (4) products/completed operations liability; (5)
aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX)
exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form
property damage; and (9) independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to this
Agreement.
(iii) The policy shall give the Commission, its directors, officials,
officers, employees, and agents insured status using ISO endorsement forms 20 10 10
01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy shall be
“primary and non-contributory” and will not seek contribution from the Commission’s or
Caltrans’ insurance or self-insurance and shall be at least as broad as CG 20 01 04 13,
or endorsements providing the exact same coverage.
(b) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the Commission, Caltrans and their directors, officials,
officers, employees and agents shall be covered as additional insureds with respect to
the ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Consultant or for which the Consultant is responsible;
and (2) the insurance coverage shall be primary insurance as respects the Commission,
Caltrans and their directors, officials, officers, employees and agents, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant’s scheduled
underlying coverage. Any insurance or self-insurance maintained by the Commission,
Caltrans and their directors, officials, officers, employees and agents shall be excess of
the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(c) Workers’ Compensation and Employers Liability Coverage.
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
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(ii) The insurer shall agree to waive all rights of subrogation
against the Commission, its directors, officials, officers, employees and agents for
losses paid under the terms of the insurance policy which arise from work performed by
the Consultant.
(d) All Coverages.
(i) Defense costs shall be payable in addition to the limits set
forth hereunder.
(ii) Requirements of specific coverage or limits contained in this
Section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. It shall be a requirement
under this Agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits set forth herein
shall be available to the Commission, Caltrans and their directors, officials, officers,
employees and agents as additional insureds under said policies. Furthermore, the
requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of
coverage of any insurance policy or proceeds available to the named insured;
whichever is greater.
(iii) The limits of insurance required in this Agreement may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella
or excess insurance shall contain or be endorsed to contain a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit of the
Commission (if agreed to in a written contract or agreement) before the Commission’s
own insurance or self-insurance shall be called upon to protect it as a named insured.
The umbrella/excess policy shall be provided on a “following form” basis with coverage
at least as broad as provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least thirty (30)
days prior written notice of cancellation of any policy required by this Agreement, except
that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured
Endorsement to the Commission at least ten (10) days prior to the effective date of
cancellation or expiration.
(v) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
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policy is cancelled or not renewed; or C) if the policy is replaced by another claims-
made policy with a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the Commission, is not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Commission has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by Commission will be promptly
reimbursed by Consultant or Commission will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, Commission may cancel this
Agreement. The Commission may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors, officials,
officers, employees or agents shall be personally responsible for any liability arising
under or by virtue of this Agreement.
30.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the Commission. If the
Commission does not approve the deductibles or self-insured retentions as presented,
Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the
Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
30.7 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and
satisfactory to the Commission.
30.8 Verification of Coverage. Consultant shall furnish Commission with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the Commission. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that
insurer to bind coverage on its behalf. All certificates and endorsements must be
received and approved by the Commission before work commences. The Commission
reserves the right to require complete, certified copies of all required insurance policies,
at any time.
30.9 Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
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provided evidence satisfactory to the Commission that they have secured all insurance
required under this Section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the Commission
as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing
the exact same coverage. If requested by Consultant, the Commission may approve
different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
30.10 Other Insurance. At its option, the Commission may require such
additional coverage(s), limits and/or the reduction of deductibles or retentions it
considers reasonable and prudent based upon risk factors that may directly or indirectly
impact the Project. In retaining this option Commission does not warrant Consultant’s
insurance program to be adequate. Consultant shall have the right to purchase
insurance in addition to the insurance required in this Section.
31. Safety. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
As between Consultant and the construction contractors only, the construction
contractors shall remain solely responsible for construction safety notwithstanding any
safety obligations of Consultant at the jobsite. The foregoing sentence shall not impact
nor in any way modify or alter Consultant’s indemnity and defense obligations to the
Commission, as set forth in Section 29 of this Agreement, not any of Consultant’s duties
or obligations set forth under this Agreement, including the attached exhibits.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Commission
has determined that the Project will contain areas that are open to public traffic.
Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14,
and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions
for safe operation of its vehicles and the protection of the traveling public from injury and
damage from such vehicles.
32. Additional Work. Any work or activities that are in addition to, or otherwise
outside of, the Services to be performed pursuant to this Agreement shall only be
performed pursuant to a separate agreement between the parties. Notwithstanding the
foregoing, the Commission’s Executive Director may make a change to the Agreement,
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other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a
change which is “outside the scope” of the Agreement; in other words, work which
should not be regarded as having been fairly and reasonably within the contemplation of
the parties when the Agreement was entered into. An example of a change which is not
a Cardinal Change would be where, in a contract to construct a building there are many
changes in the materials used, but the size and layout of the building remains the same.
Cardinal Changes are not within the authority of this provision to order, and shall be
processed by the Commission as “sole source” procurements according to applicable
law, including the requirements of FTA Circular 4220.1D, paragraph 9(f).
(a) In addition to the changes authorized above, a modification which is
signed by Consultant and the Commission’s Executive Director, other than a Cardinal
Change, may be made in order to: (1) make a negotiated equitable adjustment to the
Agreement price, delivery schedule and other terms resulting from the issuance of a
Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of
the parties modifying the terms of this Agreement (“Bilateral Contract Modification”).
(b) Consultant shall not perform, nor be compensated for any change,
without written authorization from the Commission’s Executive Director as set forth
herein. In the event such a change authorization is not issued and signed by the
Commission’s Executive Director, Consultant shall not provide such change.
33. Prohibited Interests.
33.1 Solicitation. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, the Commission shall have the
right to rescind this Agreement without liability.
33.2 Consultant Conflict of Interest (Construction Management/ Administration).
(a) Consultant shall disclose any financial, business, or other
relationship with Commission that may have an impact upon the outcome of this
Agreement, or any ensuing Commission construction project. Consultant shall also list
current clients who may have a financial interest in the outcome of this Agreement, or
any ensuing Commission construction project, which will follow.
(b) Consultant hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the performance of
Services under this Agreement.
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(c) Any subcontract in excess of $25,000 entered into as a result of
this Agreement, shall contain all of the provisions of this Article.
(d) Consultant hereby certifies that neither Consultant, nor any firm
affiliated with Consultant will bid on any construction contract, or on any contract to
provide construction inspection for any construction project resulting from this
Agreement. An affiliated firm is one, which is subject to the control of the same persons
through joint-ownership, or otherwise.
(e) Except for subconsultants whose services are limited to providing
surveying or materials testing information, no subconsultant who has provided design
services in connection with this Agreement shall be eligible to bid on any construction
contract, or on any contract to provide construction inspection for any construction
project resulting from this Agreement.
33.3 Commission Conflict of Interest. For the term of this Agreement, no
member, officer or employee of the Commission, during the term of his or her service
with the Commission, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
33.4 Conflict of Employment. Employment by the Consultant of personnel
currently on the payroll of the Commission shall not be permitted in the performance of
this Agreement, even though such employment may occur outside of the employee’s
regular working hours or on weekends, holidays or vacation time. Further, the
employment by the Consultant of personnel who have been on the Commission payroll
within one year prior to the date of execution of this Agreement, where this employment
is caused by and or dependent upon the Consultant securing this or related Agreements
with the Commission, is prohibited.
33.5 Covenant Against Contingent Fees. As may be required in connection
with funding provided hereunder, the Consultant warrants that he/she has not employed
or retained any company or person, other than a bona fide employee working for the
Consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed
to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting
from the award or formation of this Agreement. For breach or violation of this warranty,
the Commission shall have the right to terminate this Agreement without liability
pursuant to the terms herein, or at its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
33.6 Rebates, Kickbacks or Other Unlawful Consideration. Consultant
warrants that this Agreement was not obtained or secured through rebates kickbacks or
other unlawful consideration, either promised or paid to any Commission employee. For
breach or violation of this warranty, Commission shall have the right in its discretion; to
terminate this Agreement without liability; to pay only for the value of the work actually
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performed; or to deduct from the contract price; or otherwise recover the full amount of
such rebate, kickback or other unlawful consideration.
33.7 Employment Adverse to the Commission. Consultant shall notify the
Commission, and shall obtain the Commission’s written consent, prior to accepting work
to assist with or participate in a third-party lawsuit or other legal or administrative
proceeding against the Commission during the term of this Agreement.
34. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
35. Right to Employ Other Consultants. Commission reserves the right to employ
other consultants in connection with the Project.
36. Governing Law. This Agreement shall be governed by and construed with the
laws of the State of California. Venue shall be in Riverside County.
37. Disputes; Attorneys’ Fees.
37.1 Prior to commencing any action hereunder, the Parties shall attempt in
good faith to resolve any dispute arising between them. The pendency of a dispute
shall not excuse Consultant from full and timely performance of the Services.
37.2. If the Parties are unable to resolve a dispute after attempting in good faith
to do so, the Parties may seek any other available remedy to resolve the dispute. If
either Party commences an action against the other Party, either legal, administrative or
otherwise, arising out of or in connection with this Agreement, the prevailing Party in
such litigation shall be entitled to have and recover from the losing Party reasonable
attorneys’ fees and, all other costs of such actions.
38. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
39. Headings. Article and Section Headings, paragraph captions or marginal
headings contained in this Agreement are for convenience only and shall have no effect
in the construction or interpretation of any provision herein.
39.1 Notices. All notices permitted or required under this Agreement shall be
given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
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CONSULTANT: COMMISSION:
[INSERT] Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Attn: Executive Director
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. mail, first class postage prepaid, and
addressed to the Party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
40. Conflicting Provisions. In the event that provisions of any attached exhibits
conflict in any way with the provisions set forth in this Agreement, the language, terms
and conditions contained in this Agreement shall control the actions and obligations of
the Parties and the interpretation of the Parties’ understanding concerning the
performance of the Services.
41. Amendment or Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
42. Entire Agreement. This Agreement contains the entire agreement of the Parties
relating to the subject matter hereof and supersedes all prior negotiations, agreements
or understandings.
43. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
44. Provisions Applicable When State Department of Transportation Funds Are
Involved. When funding for the Services provided by this Agreement are provided, in
whole or in part, from the Caltrans, Consultant shall also fully and adequately comply
with the provisions included in Exhibit “D” (Caltrans requirements) attached hereto and
incorporated herein by reference.
45. Survival. All rights and obligations hereunder that by their nature are to continue
after any expiration or termination of this Agreement, including, but not limited to, the
indemnification and confidentiality obligations, shall survive any such expiration or
termination.
46. No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
47. Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Workers’ Compensation or to
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undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
48. Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
49. Subpoenas or Court Orders. Should Consultant receive a subpoena or court
order related to this Agreement, the Services or the Project, Consultant shall
immediately provide written notice of the subpoena or court order to the Commission.
Consultant shall not respond to any such subpoena or court order until notice to the
Commission is provided as required herein, and shall cooperate with the Commission in
responding to the subpoena or court order.
50. Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein, without the
prior written consent of the Commission. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
51. Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties, and shall not be assigned by Consultant without the prior
written consent of Commission.
52. Incorporation of Recitals. The recitals set forth above are true and correct and
are incorporated into this Agreement as though fully set forth herein.
53. No Waiver. Failure of Commission to insist on any one occasion upon strict
compliance with any of the terms, covenants or conditions hereof shall not be deemed a
waiver of such term, covenant or condition, nor shall any waiver or relinquishment of
any rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
[Signatures on following page]
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SIGNATURE PAGE
TO
PROFESSIONAL SERVICES AGREEMENT
WITH STATE FUNDING/ASSISTANCE
IN WITNESS WHEREOF, this Agreement was executed on the date first written
above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Dana W. Reed
Chair
Approved as to Form:
By:
Best, Best & Krieger LLP
General Counsel
CONSULTANT
By:
Signature
Name
Title
ATTEST:
By:
Its: ___________________________
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial
officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
RCTC.
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17336.00035\31421905.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
[attached behind this page]
160
17336.00035\31421905.1 B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
[attached behind this page]
161
17336.00035\31421905.1 C-1
EXHIBIT “C”
COMPENSATION PROVISIONS
[attached behind this page]
162
17336.00035\31421905.1 D-2
EXHIBIT "D"
CALTRANS REQUIREMENTS
1. STATEMENT OF COMPLIANCE.
A. Consultant’s signature affixed herein shall constitute a certification under penalty of
perjury under the laws of the State of California that CONSULTANT has, unless
exempt, complied with, the nondiscrimination program requirements of Government
Code Section 12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Agreement, Consultant and its subconsultants shall
not unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex, race, color, ancestry, religious creed, national
origin, physical disability (including HIV and AIDS), mental disability, medical condition
(e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant
and subconsultants shall insure that the evaluation and treatment of their employees
and applicants for employment are free from such discrimination and harassment.
Consultant and subconsultants shall comply with the provisions of the Fair Employment
and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations
promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4
of Title 2 of the California Code of Regulations, are incorporated into this Agreement by
reference and made a part hereof as if set forth in full. Consultant and its
subconsultants shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
2. RELEASE OF RETAINAGE
No retainage will be withheld by the Agency from progress payments due the prime
consultant. Retainage by the prime consultant or subconsultants is prohibited, and no
retainage will be held by the prime consultant from progress due subconsultants. Any
violation of this provision shall subject the violating prime consultant or subconsultants
to the penalties, sanctions, and other remedies specified in Section 7108.5 of the
California Business and Professions Code. This requirement shall not be construed to
limit or impair any contractual, administrative, or judicial remedies, otherwise available
to the prime consultant or subconsultant in the event of a dispute involving late payment
or nonpayment by the prime consultant or deficient subconsultant performance, or
noncompliance by a subconsultant.
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, and by signing this
Agreement, Consultant certifies under penalty of perjury that no more than one final
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17336.00035\31421905.1 D-3
unappealable finding of contempt of court by a federal court has been issued against
Consultant within the immediately preceding two-year period, because of Consultant’s
failure to comply with an order of a federal court that orders Consultant to comply with
an order of the National Labor Relations Board.
164
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 31, 2019
TO: Riverside County Transportation Commission
FROM: Josefina Clemente, Transit Program Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Local Transportation Fund Advance Loan to SunLine Transit Agency
STAFF RECOMMENDATION:
This item is for the Commission to approve a loan to advance Local Transportation Funds (LTF) in
the amount of $4.5 million to SunLine Transit Agency (SunLine) under the condition the loan is
repaid to the Commission within 14 days of receipt of Federal Transit Administration (FTA)
Section 5307 funds.
BACKGROUND INFORMATION:
As of January 23, 2019, Congress failed to pass sufficient appropriation bills or a continuing
resolution to fund federal government operations and agencies. The 2019 federal government
shutdown has impacted numerous federal agencies and associated services including the FTA.
SunLine is requesting a loan in the amount of $4.5 million from the Coachella Valley Apportioned
and Unallocated LTF Reserve Fund due to the agency’s inability to access FTA funds programmed
to cover its Fiscal Year 2018/19 operating and capital expenses due to the ongoing partial federal
government shutdown.
DISCUSSION:
SunLine, along with all other public operators in Riverside County, must file a Short Range Transit
Plan (SRTP) with the Commission as part of the Commission’s annual budget preparation process
and in accordance with the state’s Transportation Development Act (TDA). The Commission
typically approves the SRTPs in June and programs and allocates funds in July of each year. Part
of the funding plan for SunLine, as described in its annual SRTP, includes the programming of
federal Section 5307 funds, which are used to augment LTF and passenger fares as an operating
cash component.
SunLine forwarded an urgent request to the Commission on January 23, 2019, for a loan to
advance LTF as the agency anticipates that it will not have adequate funds on hand to continue
funding operations at the level approved in the SRTP. The FY 2018/19 SRTP and federal program
of projects included in the FY 2018/19 funding allocation for SunLine assumed $4.8 million of
federal Section 5307 funds for operating and capital, which accounts for approximately
165
Agenda Item 8
10 percent of SunLine’s total operating and capital budget. To date, SunLine has not received
any FTA Section 5307 reimbursements for the FY 2018/19 projects. The FTA is accepting payment
requests however will not process any payments or obligate any new grants until the government
reopens. Should the shutdown continue through mid-February, SunLine will have to reevaluate
federally funded projects and its cash position through the end of the fiscal year to ensure
continuation of services.
The current balance in the Coachella Valley’s Apportioned and Unallocated LTF reserve fund
(including 10 percent reserve) is approximately $5.2 million. Upon Commission approval and
release of the $4.5 million loan, Coachella Valley’s LTF reserve fund will be reduced to
approximately $740,000.
Per the TDA regulations, LTF funds are required to be deposited and maintained in the County
treasury, and the County Auditor disburses funds only upon submittal of payment instructions by
Commission staff. The Commission is responsible for approving funding allocations for operating
and capital needs identified in the annual SRTP request from each transit operator. Therefore,
although short-term loans are rare, they have been approved in the past by the Commission with
the contingency that the transit operator reimburse the appropriate reserve fund to ensure that
expenditures do not exceed the Commission-approved allocations for the respective year.
Staff recommends approval of this loan to advance LTF with the contingency that SunLine will
reimburse the Commission’s Coachella Valley Apportioned and Unallocated LTF Reserve Fund
within 14 days of receiving the federal Section 5307 funds from the FTA after securing approval
of the grant. A budget adjustment is not required, as this is a loan that is expected to be repaid
upon receipt of the federal funds.
Financial Information
In Fiscal Year Budget: N/A Year: FY 2018/19 Amount: $4,500,000
Source of Funds: Coachella Valley Apportioned and
Unallocated LTF Reserve Fund Budget Adjustment: N/A
GL/Project Accounting No.: 601 12301 (loans receivable)
Fiscal Procedures Approved: Date: 01/23/2019
Attachment: SunLine Transit Agency Staff Report, January 23, 2019
166
ITEM X
SunLine Transit Agency
DATE: January 23, 2019 ACTION
TO: Finance/Audit Committee
Board of Directors
FROM: Luis Garcia, Deputy Chief Financial Officer
RE: Approval of Temporary Local Transportation Fund (LTF) Request
Recommendation
Staff recommends that the Board of Directors approve the Agency to drawdown $4.5
million of SunLine’s LTF reserve account at the Riverside County Transportation
Commission (RCTC).
Background
The Federal government has been shutdown since December 22, 2018. This has
impacted numerous Federal agencies and associated services. One of the direct
impacts to public transportation is the Federal Transit Administration (FTA) who has
furloughed 88 percent of its employees. Currently, the FTA is accepting payment
requests but will not process any payments or obligate any new grants until the
government reopens. This delay in payment processing has an impact on SunLine’s
operating and capital program. SunLine has a very robust capital program and is
currently advancing on many large projects. Many of these projects are funded through
both State and Federal sources and will be impacted by the government shutdown.
Financial Impact
Approval of the drawdown request of $4.5 million will ensure SunLine will continue
operations and capital projects without delay or reduction of service.
167
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.org
WORKSHOP AGENDA*
*Actions may be taken on any item listed on the agenda
January 31 – February 1, 2019
Temecula Creek Inn
44501 Rainbow Canyon Road
Temecula, California
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the
meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public
prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission’s website,
www.rctc.org.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to
participate in a Commission meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours
prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the
meeting.
THURSDAY, JANUARY 31, 2019
NOTE: COMMISSION MEETING TO RUN FROM 12:00 – 12:45 p.m.
Lunch 11:30 a.m. – noon
PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes or less. The Commission may,
either at the direction of the Chair or by majority vote of the Commission, 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. In addition, the maximum time for public comment for any individual item or topic is thirty
(30) minutes. Also, the Commission may terminate public comments if such comments become repetitious. Speakers may not
yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the
Commission 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 Commission should not take action on or discuss matters raised during public comment portion of the
agenda that are not listed on the agenda. Commission members may refer such matters to staff for factual information or to be
placed on the subsequent agenda for consideration.
1:00 p.m. – 1:30p.m. WELCOME AND WORKSHOP OVERVIEW
Chuck Washington, Chair
Anne Mayer, Executive Director
1:30 p.m. – 1:50 p.m. DISADVANTAGED COMMUNITIES AND ITS IMPACT ON STATE GRANTS
Tom Kirk, CVAG Executive Director
(Receive an oral report)
1:50 p.m. – 2:10 p.m.
THE FIRST HALF OF 2019 – WHAT’S ON THE HORIZON?
John Standiford, Deputy Executive Director
(Presentation Only)
2:10 p.m. – 2:40 p.m.
2:40– 3:00
3:00 – 3:45
PUBLIC TRANSIT ISSUES TODAY AND WHAT IS THE FUTURE (AGENDA ITEM
ATTACHED)
Lorelle Moe-Luna, Multi Modal Services Director
This item is for the Commission to:
1) Receive and file a report on the status of public transit; and
2) Direct staff to come back to the Commission by June 2019 with
recommendations on any funding formula adjustments or transit
policies that are needed to support public transit in Riverside County
(County).
BREAK
WHAT’S NEXT FOR EXPRESS LANES IN RIVERSIDE COUNTY (AGENDA ITEM
ATTACHED)
Michael Blomquist, Toll Programs Director
This item is for the Commission to:
1) Receive study summary results and staff recommendations; and
2) Provide direction on staff recommendations.
3:45 p.m. – 4:00 p.m.
4:00 p.m. – 5:00 p.m.
BREAK
PRIORITIES FOR 2019 & BEYOND (AGENDA ITEM ATTACHED)
Anne Mayer, Executive Director
Aaron Hake, External Affairs Director
This item is for the Commission to:
1) Receive and file the RCTC Staff Insight Brief;
2) Commit necessary 91 Express Lanes toll revenue to fully fund the
15/91 Express Lanes Connector design-build phase;
3) Assign the Future Funding Initiatives ad hoc Committee to
thoroughly vet and make specific recommendations to the
Commission no later than July 2019 on the following:
a. Measure A Expenditure Plan Review and update;
b. 2019-2029 Western County Highway Delivery Plan;
c. A new local funding measure for the 2020 general election;
and
d. Innovative financing of express lanes revenues.
5:00 p.m. – 5:15 p.m. WRAP UP AND NEXT STEPS
Chair Washington
5:15 p.m. – 6:00 p.m. BREAK
6:00 p.m. DINNER
6:30 p.m. Get on Board and Meet Metrolink’s New CEO
Presentation From Metrolink CEO Stephanie Wiggins
7:00 p.m. ADJOURNMENT
9:00 A.M.
FRIDAY, FEBRUARY 1, 2019
7:00 a.m. – 8:30 a.m. BREAKFAST
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 31, 2019
TO: Riverside County Transportation Commission
FROM: Lorelle Moe-Luna, Acting Multimodal Services Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Public Transit Today and Opportunities for Growth
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Receive and file a report on the status of public transit; and
2) Direct staff to come back to the Commission by June 2019 with recommendations on any
funding formula adjustments or transit policies that are needed to support public transit
in Riverside County (County).
BACKGROUND INFORMATION
As a county transportation commission, two primary responsibilities relate to transit and include:
• Development and approval of short-range transit plans; and
• Coordination and approval of public transit service within the County.
The state of California (state) enacted the Transportation Development Act (TDA) in 1971 to
improve public transportation services and encourage regional transportation coordination and
to provide the primary funding source for transit services. As the regional transportation
planning agency, the Commission is responsible for approving TDA allocations to transit
operators based on anticipated revenues and the relative needs of the operators and
recommending potential productivity improvements. TDA funding is comprised of the Local
Transportation Fund (LTF) and State Transit Assistance (STA):
LTF STA
Source of funds ¼ of one cent of the state’s
sales tax
Statewide sales tax on diesel
fuels and Senate Bill 1 funds
(beginning Fiscal Year 2017/18)
State distribution basis Returned to source Allocated on basis of population
and as a percentage of fare
revenues
Use of funds Operating and capital
purposes
Capital purposes
In November 2002, County voters approved the extension of Measure A (half-cent transaction
and use tax) for a 30-year period beginning in 2009 through 2039 (2009 Measure A) and an
accompanying Expenditure Plan. The 2009 Measure A Expenditure Plan included funding for
public transit in the Western County and Coachella Valley areas of the County, with emphasis on
commuter rail and intercity bus services, ridesharing, and discount fares and transit services for
seniors and disabled persons.
This year marks the 10-year anniversary of the 2008 Transit Vision and 2009 Measure A. Both
documents are significant because one served as the blueprint for transit principles and priorities
and the other as one of the primary funding mechanisms to accomplish those principles.
10 Years Ago – 2008 Transit Vision
In June 2008, the Commission adopted the 2008 Transit Vision that laid the foundation for transit
service throughout the County with a theme and goals for the next 10 years. Developing the
2008 Transit Vision was a two-year process, beginning with a recommendation from a TDA
triennial performance audit and the Transit Policy Committee directing staff to work with transit
operators to develop a 10-year conceptual plan. The planning process included priority setting
with the Commission’s regional programs (rideshare and specialized transit) and the eight transit
operators in the County: cities of Banning, Beaumont, Corona, and Riverside; Palo Verde Valley
Transit Agency (PVVTA); Riverside Transit Agency (RTA); SunLine Transit Agency (SunLine); and
Metrolink. The 2008 Transit Vision was also influenced by the adoption of the Riverside County
Coordinated Public Transit-Human Services Transportation Plan, which identified needs to
improve coordination between the public transit operators and non-profit human/health service
providers in order to provide increased mobility and cost-effective transportation options for
seniors, the disabled community, and low-income residents within the County.
The stakeholders identified services and projects that totaled over $2.6 billion over the next
10 years (2009 – 2019). The 2008 Transit Vision was based on five primary goals:
1. Increase Coordination with the Transit and Rideshare Community;
2. Remove Barriers to Transit Use;
3. Provide Efficient and Effective Transit and Rideshare Service;
4. Ensure Adequate Funding; and
5. Promote Energy Efficiency.
To carry out the plan, the 2008 Transit Vision allowed for the opportunity to review and assess
the allocation formulas for transit funds at the time. Recommendations were made to continue
with the LTF and STA distributions at the time and further allocate Measure A Western County
public transit funds to programs identified in the 2009 Measure A. Subsequently in October 2013,
the Commission approved a bus/rail funding split for the Coachella Valley in support of a rail
program. After a phase-in period of two years through FY 2015/16, the current Coachella Valley
funding split is 10 percent of STA funds for rail and 90 percent for bus. Thus, the current formulas
for LTF, STA, and Measure A are:
" L T F d i s t r i b u t i o n :
o P a l o V e r d e V a l l e y 1 0 0 % b u s
o C o a c h e l l a V a l l e y 1 0 0 % b u s
o W e s t e r n C o u n t y 7 8 % b u s / 2 2 % r a i l
" S T A d i s t r i b u t i o n :
o P a l o V e r d e V a l l e y 1 0 0 % b u s
o C o a c h e l l a V a l l e y 9 0 % b u s / 1 0 % r a i l
o W e s t e r n C o u n t y 7 8 % b u s / 2 2 % r a i l
" M e a s u r e A P u b l i c T r a n s i t A c c o u n t :
o C o a c h e l l a V a l l e y 1 0 0 % f o r s p e c i a l i z e d a n d p u b l i c t r a n s i t s e r v i c e
o W e s t e r n C o u n t y
�� C o m m u t e r R a i l 5 2 %
�� I n t e r c i t y B u s 1 3 %
�� S p e c i a l i z e d T r a n s i t 1 6 . 5 %
�� S p e c i a l i z e d T r a n s i t ( C o n s o l i d a t e d T r a n s p o r t a t i o n S e r v i c e s A g e n c y ) 5 . 5 %
�� C o m m u t e r S e r v i c e s 1 3 %
A t t h e t i m e o f a d o p t i o n o f t h e 2 0 0 8 T r a n s i t V i s i o n , t h e C o m m i s s i o n a l s o a p p r o v e d a t i m e l i n e f o r
f u n d i n g f o r m u l a s t o b e r e v i e w e d i n F Y 2 0 1 8 / 1 9 f o r i m p l e m e n t a t i o n i n F Y 2 0 2 0 / 2 1 . S t a f f m o n i t o r s
a n d h a s o b s e r v e d t h a t t r a n s i t e x p e n d i t u r e s a r e o u t p a c i n g a n n u a l r e v e n u e s . O n e e x a m p l e o f t h i s
i s t h e i n c r e a s i n g o p e r a t i o n s a n d c a p i t a l n e e d s o f c o m m u t e r r a i l . A s a m e m b e r a g e n c y o f
M e t r o l i n k , t h e C o m m i s s i o n m a n a g e s W e s t e r n C o u n t y c o m m u t e r r a i l f u n d s . L T F f u n d s a r e u s e d
p r i m a r i l y f o r M e t r o l i n k o p e r a t i o n s a n d c a p i t a l , w h i l e M e a s u r e A f u n d s a r e u s e d t o s u p p o r t t h e
o p e r a t i o n s a n d m a i n t e n a n c e o f t h e n i n e C o m m i s s i o n - o w n e d c o m m u t e r r a i l s t a t i o n s i n t h e
C o u n t y . T h e c o s t s f o r c o m m u t e r r a i l s e r v i c e s a r e n o t o n l y i n c r e a s i n g d u e t o e x p a n d e d s e r v i c e ,
b u t a l s o b e c a u s e t h e C o m m i s s i o n m a n a g e s a l m o s t d o u b l e t h e n u m b e r o f s t a t i o n s n o w t h a n i n
2 0 0 8 .
A c c o r d i n g l y , l o n g - t e r m s u s t a i n a b i l i t y o f f u n d i n g f o r c o m m u t e r r a i l n e e d s t o b e a d d r e s s e d w h i l e
a l s o c o n s i d e r i n g p u b l i c b u s a n d s p e c i a l i z e d t r a n s i t n e e d s . I n c o n n e c t i o n w i t h t h e a s s e s s m e n t o f
f u n d i n g f o r m u l a s , a r e v i e w o f t h e C o m m i s s i o n s t r a n s i t p o l i c i e s i s n e c e s s a r y t o e n s u r e t h a t t h e
u s e o f T D A a n d M e a s u r e A f u n d s p r o v i d e s s u f f i c i e n t f l e x i b i l i t y t o l e v e r a g e w i t h o t h e r f e d e r a l ,
s t a t e , a n d l o c a l s o u r c e s . S t a f f r e c o m m e n d s t h e C o m m i s s i o n d i r e c t s t a f f t o c o m e b a c k t o t h e
C o m m i s s i o n b y J u n e 2 0 1 9 w i t h r e c o m m e n d a t i o n s o n a n y f u n d i n g f o r m u l a a d j u s t m e n t s o r t r a n s i t
p o l i c i e s t h a t a r e n e e d e d t o s u p p o r t p u b l i c t r a n s i t i n t h e C o u n t y .
W h e r e A r e W e N o w ?
T r e m e n d o u s s t r i d e s h a v e b e e n m a d e i n t h e l a s t 1 0 y e a r s t o e x p a n d t r a n s i t o p t i o n s i n t h e C o u n t y
c o n s i d e r i n g t h e G r e a t R e c e s s i o n i m p a c t e d t h e p r i m a r y o p e r a t i n g f u n d s o f L T F a n d M e a s u r e A
w i t h a d e c r e a s e i n r e v e n u e s o f a b o u t 1 9 p e r c e n t f r o m F Y 2 0 0 7 / 0 8 t o F Y 2 0 0 9 / 1 0 . D e s p i t e t h e s e
c h a l l e n g e s , s i g n i f i c a n t s e r v i c e s a n d p r o j e c t s i m p l e m e n t e d s i n c e t h e 2 0 0 8 T r a n s i t V i s i o n i n c l u d e
t h e f o l l o w i n g :
�� A n n u a l C o u n t y w i d e R e v e n u e S e r v i c e H o u r s i n c r e a s e d 3 2 p e r c e n t f r o m F Y 2 0 0 8 / 0 9 t o
F Y 2 0 1 7 / 1 8 .
�� O v e r $ 2 7 m i l l i o n h a s b e e n a w a r d e d s i n c e 2 0 0 8 t o s o c i a l s e r v i c e / n o n - p r o f i t a g e n c i e s t o
o f f e r m o r e c h o i c e s f o r s p e c i a l i z e d t r a n s i t u s e r s .
�� E i g h t n e w i n t e r c i t y e x p r e s s r o u t e s w e r e d e p l o y e d s i n c e 2 0 0 8 .
�� E x p a n s i o n o f c o m m u t e r a s s i s t a n c e p r o g r a m s s u c h a s I E C o m m u t e r , a s e r v i c e t h a t o f f e r s
i n c e n t i v e s f o r r i d e s h a r i n g , a n d V a n C l u b , t h e W e s t e r n C o u n t y v a n p o o l p r o g r a m .
�� I n 2 0 1 6 , t h e C o m m i s s i o n c o m p l e t e d c o n s t r u c t i o n o f t h e P e r r i s V a l l e y L i n e a n d M e t r o l i n k
o f f i c i a l l y e x t e n d e d s e r v i c e t o f o u r n e w s t a t i o n s i n t h e C o u n t y .
�� R T A s R a p i d L i n k G o l d L i n e c o m m e n c e d i n 2 0 1 7 , s e r v i n g t h e d e n s e s t c o r r i d o r i n t h e C o u n t y
a l o n g U n i v e r s i t y a n d M a g n o l i a A v e n u e s , d e s i g n a t i n g i t t h e C o u n t y s f i r s t H i g h Q u a l i t y
T r a n s i t C o r r i d o r w i t h s e r v i c e l e v e l s o f a t l e a s t 1 5 - m i n u t e f r e q u e n c i e s .
�� I n t e l l i g e n t T r a n s p o r t a t i o n S y s t e m p r o g r a m s s u c h a s R T A s B u s W a t c h w e r e l a u n c h e d t o
p r o v i d e r e a l - t i m e b u s a r r i v a l i n f o r m a t i o n ,
�� I n 2 0 1 7 , S u n L i n e w a s o n e o f t h e f i r s t i n t h e s t a t e t o r e c e i v e c a p - a n d - t r a d e f u n d s f o r t h e
p u r c h a s e o f f i v e h y d r o g e n - p o w e r e d b u s e s a n d a h y d r o g e n - g e n e r a t i n g s t a t i o n f o r t h e
C o a c h e l l a V a l l e y .
�� I n 2 0 1 6 , P V V T A s t a r t e d t h e B l y t h e W e l l n e s s E x p r e s s , a s e r v i c e t h a t p r o v i d e s r e s i d e n t s
a c c e s s t o s p e c i a l i z e d h e a l t h c a r e p r o v i d e r s i n t h e C o a c h e l l a V a l l e y .
�� S i n c e 2 0 1 4 , M e t r o l i n k a d d e d t w o a d d i t i o n a l p e a k t r a i n s o n t h e I n l a n d E m p i r e - O r a n g e
C o u n t y a n d 9 1 L i n e s a n d n e w w e e k e n d s e r v i c e o n t h e 9 1 L i n e .
�� S p e c i a l e v e n t t r a i n s s u c h a s t h e F e s t i v a l o f L i g h t s , A n g e l s E x p r e s s , a n d f o o t b a l l t r a i n s w e r e
a l s o a d d e d w i t h s e r v i c e f r o m R i v e r s i d e C o u n t y .
�� I n 2 0 1 8 , t h e C o m m i s s i o n l a u n c h e d V a n C l u b , t h e f i r s t o f f i c i a l c a r p o o l n e t w o r k f o r W e s t e r n
C o u n t y .
�� N e w m a r k e t i n g p r o g r a m s w e r e d e p l o y e d b y M e t r o l i n k , S u n L i n e , R T A , a n d t h e c i t i e s o f
B a n n i n g , B e a u m o n t , C o r o n a , a n d R i v e r s i d e t o a t t r a c t n e w r i d e r s a n d g r o w t h m a r k e t
s e g m e n t s s u c h a s c o l l e g e s t u d e n t s a n d e x p r e s s b u s r i d e r s w i t h r e d u c e d o r f r e e f a r e s .
R i d e r s h i p T r e n d s
E v e r y y e a r t h e C o m m i s s i o n a p p r o v e s t h e P u b l i c T r a n s i t C o u n t y w i d e P e r f o r m a n c e R e p o r t , w h i c h
p r o v i d e s a c o m p r e h e n s i v e p i c t u r e o f v a r i o u s p e r f o r m a n c e i n d i c a t o r s a n d t r e n d s i n t h e C o u n t y .
T h e l a s t r e p o r t d e t e r m i n e d t h a t r i d e r s h i p i s c o n t i n u i n g t o d e c l i n e i n t h e C o u n t y a n d f a r e b o x
r e c o v e r y r a t i o s h a v e a l s o d r o p p e d a b o u t 4 p e r c e n t a g e p o i n t s f r o m 2 3 . 8 p e r c e n t i n F Y 2 0 1 4 / 1 5 t o
2 0 p e r c e n t i n F Y 2 0 1 6 / 1 7 . T h i s i s a t t r i b u t e d t o t h e i n c r e a s e i n o p e r a t i n g c o s t c o u n t y w i d e ,
p r i m a r i l y f o r l a b o r t o s u s t a i n e x i s t i n g s e r v i c e s .
D e c l i n i n g r i d e r s h i p h a s b e e n a n a t i o n w i d e t r e n d f o r s e v e r a l y e a r s n o w , i n c l u d i n g d o u b l e - d i g i t
r i d e r s h i p l o s s e s i n n e i g h b o r i n g L o s A n g e l e s a n d O r a n g e c o u n t i e s . T h e r i d e r s h i p d e c l i n e i n
R i v e r s i d e C o u n t y l a g g e d b e h i n d o t h e r m a j o r c i t i e s a n d o n l y i n t h e l a s t t h r e e y e a r s h a s i t b e c o m e
m o r e a p p a r e n t , n a m e l y f o r b u s o p e r a t o r s . F i x e d r o u t e b u s r i d e r s h i p d r o p p e d a b o u t 1 1 p e r c e n t
f r o m F Y 2 0 1 3 / 1 4 t o F Y 2 0 1 7 / 1 8 , a n d p u b l i c d e m a n d r e s p o n s e ( i . e . , D i a l - A - R i d e ) a l s o d e c l i n e d
about 7 percent during the same years. Since FY 2013/14, systemwide Metrolink ridership has
stayed relatively flat, but ridership in the County has increased about 9 percent.
The Southern California Association of Governments undertook a region-wide analysis of the
downturn in transit ridership in conjunction with the University of California, Los Angeles
Institute of Transportation Studies to determine the cause. The study evaluated various factors
within and outside of transit operators’ control, such as fuel prices, transportation network
companies (e.g., Uber, Lyft), and population changes. They concluded that traditional transit-
dependent riders who are now able to buy vehicles are not likely to return to transit. Instead of
working to gain back lost riders, they urge transit providers to focus on new riders and encourage
them to use transit sometimes for some trips.
Even before this study was published, most transit operators within the County began analyzing
the growth potentials within their own systems. For example, Corona Cruiser started a Free Fare
Program that provided special free fare days and days for targeted passengers, a Fixed Route
Training Program, and Summer Student Program. The city of Beaumont also initiated a three-
year Free Fare Program for college students, veterans, and travel training participants to market
the Pass Transit fixed and commuter routes. SunLine is also undergoing a Transit Network
Redesign effort that will simplify and consolidate routes for a goal of frequencies of 30-minutes
or less, implement new ride share-type programs, and launch a “Transit Ambassador” program
to focus on the customer.
Transit Opportunities – Preview of Long Range Transportation Plan
The Commission is embarking on its first ever countywide Long Range Transportation Plan (LRTP).
The LRTP will be the opportunity to shape the vision for what an integrated transportation system
will look like in Riverside County in the next 20 years. The plan will take a comprehensive look at
state highway, local streets and roads, and transit projects. Although the plan is a 20-year
horizon, the next 10 years will be the focal point, and the transit component in particular will
highlight “transit opportunities” that can be combined with corridor projects to strengthen the
backbone of the regional transportation network. The long term vision will also establish a focus
on delivering existing services more efficiently.
Staff will come back to the Commission in the spring with an update on the LRTP. The study will
include an analysis of historical transit funding revenues and trend forecasts for operating and
capital programs. Study recommendations will allow the Commission and transit operators to
better prioritize and understand transit needs across the County.
Fiscal Impact
There is no financial impact for this report.
Agenda Item
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 31, 2019
TO: Riverside County Transportation Commission
FROM: Michael Blomquist, Toll Program Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Next Generation of Express Lanes
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Receive study summary results and staff recommendations; and
2) Provide direction on staff recommendations.
BACKGROUND INFORMATION:
At its January 2018 meeting, the Commission awarded a contract to HNTB Corporation to conduct
a toll feasibility study. Tolling continues to emerge as a strategy to manage congestion in key
corridors and generate revenue. This study’s purpose was to identify the most promising new
and/or expanded express lane facilities within Riverside County. The study evaluated the
feasibility to implement a potential express lane corridor relative to other express lane corridors
and compared corridors to each other on mobility benefits (e.g. vehicle throughput, time savings,
etc.), financial feasibility, connectivity to other express lane facilities and activity centers, project
implementation impacts, and other factors.
The Commission established its toll program in 2006. The primary activities of the toll program
included developing and operating express lanes within the SR-91 and I-15 corridors, and the
Commission augmented the organization with additional staff to deliver the projects and operate
the facilities.
The Commission opened its first tolled express lane facility in 2017 with the successful extension
of the 91 Express Lanes into Riverside County. In FY 2017/18, the Commission’s 91 Express Lanes
provided 14.5 million customer trips and generated almost $48 million of gross revenue. The
Commission also significantly advanced its second tolled express lane facility, the 15 Express
Lanes from State Route (SR) 60 to Cajalco Road, by completing key procurements for tolling, final
design, and construction and project financing in 2017. The 15 Express Lanes from SR-60 to
Cajalco Road is currently under construction and planned to open in 2020.
Also in 2017, $180 million was made available through SB 132 to develop the 15/91 Express Lanes
Connector Project, which will provide the northerly express lane connector between the 91 and
Agenda Item
15 Express Lanes. This project is being developed and staff anticipates opening of this 15/91
Express Lanes Connector in 2022.
At its April 2018 meeting the California Transportation Commission authorized $50 million of
State Transportation Improvement Program funds for the project approval/environmental
documentation (PA/ED) work phase for the southerly extension of the 15 Express Lanes from
Cajalco Road to SR-74. This project will start the PA/ED phase in May with an expected contract
award for professional services.
Since the Commission awarded the toll feasibility study contract in January 2018, executive
management, staff, and HNTB Corporation worked through a series of workshops to:
- Identify key study criteria and assumptions;
- Perform a screening analysis to establish a tiered ranking of potential corridors;
- Perform a detailed analysis of the top tier potential corridors; and
- Establish the overall feasibility of each top tier corridor.
The study’s methodology and summary results for this year-long effort as well as staff
recommendations will be presented via a presentation for Commission consideration and
direction.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 31, 2019
TO: Riverside County Transportation Commission
FROM: Aaron Hake, External Affairs Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Setting Priorities and a Vision for Riverside County’s Future
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Receive and file the RCTC Staff Insight Brief;
2) Commit necessary 91 Express Lanes toll revenue to fully fund the 15/91 Express Lanes
Connector design-build phase;
3) Assign the Future Funding Initiatives ad hoc Committee to thoroughly vet and make
specific recommendations to the Commission no later than July 2019 on the following:
a. Measure A Expenditure Plan Review and update;
b. 2019-2029 Western County Highway Delivery Plan;
c. A new local funding measure for the 2020 general election; and
d. Innovative financing of express lanes revenues.
BACKGROUND INFORMATION:
Commission staff prepared an insight brief (Attachment 1) describing the basis and need for the
Commission to take timely action to set priorities and a vision for at least the next ten years. The
white paper provides the rationale for the recommended near-term actions listed above.
Attachment 2 is a visual aid for the Western Riverside County projects discussed in the white
paper.
Prioritization of Coachella Valley projects and distribution of Measure A funds in that sub-region
occurs at the Coachella Valley Association of Governments (CVAG) according to the
Transportation Project Prioritization Study and pursuant to a memorandum of understanding
between the Commission and CVAG. Therefore, the white paper by Commission staff refrains
from weighing in on prioritization of specific projects and funding allocations in the Coachella
Valley. Similarly, the city of Blythe and the County of Riverside prioritize Palo Verde Valley
projects. Nonetheless, the Coachella and Palo Verde Valleys have a significant stake in
establishing a countywide vision for improved mobility and economic growth, as well as any
potential future funding initiatives.
The final and perhaps most fundamental material included in this staff report is Attachment 3, a
copy of the Measure A expenditure plan and ordinance approved by Riverside County’s
electorate in November 2002. The basis of most major decisions made by the Commission center
on Measure A, Riverside County’s 0.5 percent sales tax administered by the Commission.
At the workshop, staff will give an oral presentation on the recommendations set forth in this
staff report and welcomes a robust discussion by the Commission on setting priorities, a vision,
and a plan of action for Riverside County’s future.
Attachments:
1) RCTC Staff Insight Brief
2) RCTC-Led Projects (Western Riverside County)
3) Measure A Expenditure Plan and Ordinance
RIVERSIDE COUNTY TR A NSPORT A TION COMMISSION
STAFF INSIGHT BRIEF
2019 RCTCWORKSHOP
ATTACHMENT 1
Staff Insight Brief, 2019 RCTC Workshop
1
RCTC Baseline and Priority-setting
It is time for RCTC to set priorities for the next ten years and establish a long-term vision for
mobility in Riverside County.
This opportunity is brought about by:
• The success of delivering priority projects from the first ten years of the renewed
Measure A,
• Progress of previously-deferred Measure A projects,
• Population and economic growth within Riverside County,
• Updated revenue forecasts for all sources of funding,
• 91 Express Lanes’ success and the potential expansion of toll facilities,
• New found stability and clarity of state funding and policy, and
• Review requirements within Measure A.
While there are many positive indicators for the next ten years, the facts also demonstrate that
expectations should be limited. Anticipated funding continues to fall short of capital project
needs. Rail and transit operations funding levels are unsustainable for current levels of service,
let alone expansion. Current Freeway Service Patrol levels will not be sustainable within a few
years. Congestion is hampering mobility on nearly every highway and regional arterial in
Riverside County.
RCTC must set priorities, establish a vision, and pursue new funding.
At the 2019 Commission Annual Workshop, staff seeks a vision and direction from the
Commission to address the challenges and opportunities for improved mobility in Riverside
County over the next decade and beyond.
Specifically, staff proposes assigning the Future Funding Initiatives ad hoc Committee to
conduct a thorough review of funding options, project priorities, and potential updates to
Measure A and make recommendations to the full Commission no later than July 2019. The ad
hoc committee was established several years ago to examine new funding initiatives; the
committee’s membership is geographically diverse and includes the Commission’s three
officers. After dialogue at the Commission Annual Workshop and receiving direction from the
full Commission, the ad hoc committee and staff can spend several months looking at data
regarding finances, project details, and public opinion to determine a prudent action plan.
Committing to such a review process now and setting a mid-2019 deadline for
recommendations is necessary:
• To meet the spirit and intent of the Measure A ordinance,
• To ensure feasibility of a local funding measure on the 2020 General Election ballot if
the Commission wishes to keep that opportunity open, and
DRAFT Staff Insight Brief, 2019 RCTC Workshop 2
• To ensure that priority projects continue to move forward without delay.
Measure A 2019 Expenditure Plan Review
The authors of Measure A in 2002 wanted to ensure that as the County grew and changed over
the 30-year life span of the measure, RCTC would be able to adjust the expenditure plan to
meet current and future needs.
The Measure A ordinance, Ordinance 02-001 reads as follows:
SECTION XIV. EXPENDITURE PLAN AMENDMENTS. The Expenditure Plan for
Measure “A” funds may only be amended, if required, in accordance with Public
Utilities Code section 240302, as amended. This section currently provides the
following process for amendment: (1) initiation of the amendment by the
Commission reciting findings of necessity; (2) approval by the Board of
Supervisors; and, (3) approval by a majority of the cities constituting a majority of
the incorporated population, unless such process is amended in a manner
consistent with State legislation.
Commencing in 2019 and at least every ten years thereafter, the Commission shall
review and, where necessary propose revisions to the Expenditure Plan. Such
revisions shall be submitted for approval according to the procedures set forth in
this Section XIV. Until approved, the then existing Expenditure Plan shall remain
in full force and effect.
Thus, it is time for RCTC to review the Measure A expenditure plan and, where necessary
propose revisions. The expenditure plan, which is attached to this report along with Ordinance
02-001, outlines several categories of funding, the amounts and percentages at which those
categories are to be funded, as well as differences in how funds are spent in the three
geographic sub-regions of the County. Upon initial review by RCTC Management, major
revisions to the expenditure plan do not appear warranted; however there may be nuanced
details that bear clarification and further examination to ensure the Measure A program is
fulfilling the needs of Riverside County today and in the decade ahead. Guidance from the
Commission is necessary.
2019-2029 Western County Highway Delivery Plan
To establish priorities and a strategic implementation plan for the first ten years of the renewed
Measure A, RCTC adopted a 10-Year Western County Highway Delivery Plan in 2006, nearly
three years prior to the renewed measure taking effect. Adopting this 10-year plan was
important because, different from the Coachella Valley where project priorities are determined
by the Transportation Project Prioritization Study, the numerous projects identified in Measure
A in Western County did not have such a criteria-based ranking.
DRAFT Staff Insight Brief, 2019 RCTC Workshop 3
RCTC has completed or has under construction the following projects in the 2009-2019 Western
County Highway Delivery Plan, adopted by the Commission in 2006 and updated in 2010
following the Great Recession (see Attachment 2 for a map of these projects):
91 Corridor Improvement Project
I-215 South: Murrieta Hot Springs Road to Scott Road
I-215 Central: Scott Road to Nuevo Road
I-215 Bi-County High Occupancy Vehicle (HOV) lane addition
I-15 Express Lanes Project
During that time, RCTC also completed projects from the original 1989 Measure A program such
as the 60/215 East Junction and 91 HOV project in Riverside.
The 2009-2019 Western County Highway Delivery Plan also set out to achieve environmental
clearance of:
SR-79 Realignment, and
Mid County Parkway.
Both of these projects have received final environmental approval.
Finally, the 2009-2019 Western County Highway Delivery Plan established a broad goal of
protecting right of way for long-range mega projects such as SR-79 Realignment and Mid
County Parkway. While there is still more right of way to acquire for these projects, progress
has been made.
In the meantime, the I-10 Truck Lane identified in Measure A was deferred and the SR-60 Truck
Lane through the Badlands was accelerated and is now in the construction phase. Additionally,
the first construction package for Mid County Parkway, the I-215/Placentia Avenue
Interchange, is beginning procurement in 2019.
The I-15/French Valley Parkway Interchange led by the City of Temecula has remained a
priority, though it has encountered delivery and funding challenges over the last decade. The
project appears to be on track thanks in part to Senate Bill 1 (SB 1) infusing the State
Transportation Improvement Program (STIP) with funding sufficient to move that project
forward.
In 2016 at the Commission Annual Workshop, the Commission voted to prioritize the following
projects deferred due to lack of funding during the Great Recession:
I-15 Express Lanes Southern Extension between Cajalco Road and State Route 74;
71/91 Interchange;
DRAFT Staff Insight Brief, 2019 RCTC Workshop 4
15/91 Express Lanes Connector; and
Continued progress and evaluation of CETAP and alternative corridors.
In 2017, the State Legislature and Governor approved a special appropriation in Senate Bill 132
(SB 132) of $180 million to construct the 15/91 Express Lanes Connector, along with special
legislation to accelerate the project through innovative contracting methods. The 15/91
Express Lanes Connector is on-track to complete construction by 2022, ahead of the June 30,
2023 statutory deadline to liquidate all $180 million in state funding. However, staff anticipates
an additional $35-55 million will be needed to fully fund the design-build phase. RCTC staff
intends to begin the design-build procurement phase in March 2019 with a contract award
expected in spring 2020.
Immediately following defeat of Proposition 6 in November 2018, RCTC released a procurement
for the project approval and environmental document phase of the I-15 Express Lanes Southern
Extension.
With increased certainty regarding state funding levels, updated toll revenue forecasts for the
91 Express Lanes, and fresh revenue projections for Measure A, Local Transportation Fund
(LTF), and federal formula programs, RCTC can more accurately assess what a realistic 2019-
2029 Western County Highway Delivery Plan can look like.
RCTC issued significant debt backed by sales tax revenues to finance the first ten years of
Measure A Western County Highway projects and habitat acquisitions to support
transportation projects. These debt issuances result in substantially all Measure A revenues for
western county highways being devoted to debt repayment, averaging $66.3 million annually
for the next decade. Additionally, about $919 million of the $975 million debt ceiling contained
in Measure A is has been used. These facts mean that there is limited opportunity to fund new
major highway projects in western Riverside County through 2029. Instead, such projects will
need to rely on a mix of Measure A New Corridors funds, Measure A Economic Development
Incentive funds, Transportation Uniform Mitigation Fee revenue, toll revenue, federal formula
funds, and competitive state and federal grants.
Candidate projects for the 2019-2029 Western County Highway Delivery Plan could include, but
are not limited to:
I-15 Express Lanes Southern Extension: Cajalco Road to SR-74
71/91 Interchange
15/91 Express Lanes Connector
91 Corridor Operations Project
I-215 Box Springs Road to Nuevo Road
SR-71 Widening
I-10 Truck Climbing Lane
Mid County Parkway
DRAFT Staff Insight Brief, 2019 RCTC Workshop 5
SR-79 Realignment
Next Generation Express Lanes Projects, which is the subject of another workshop
report
In the aggregate, these example projects cost billions of dollars beyond what is anticipated to
be available to RCTC over the next 10 years, let alone additional projects not mentioned in
Measure A for which support has been voiced by Commissioners and/or constituencies around
the County.
Additional Projects, Services, and Operations
The following have been identified by Commissioners, stakeholders, or staff as worthy of
funding, and do not have an identified funding source:
Coachella Valley-San Gorgonio Pass Intercity Rail Service
Ethanac corridor
Cajalco Road corridor
I-10 Bypass
I-15 widening in Temecula
Rail service to San Jacinto and Hemet
Rail service to Temecula
Increased frequency of existing Metrolink routes, including reverse commute service
Other rail corridors
Freeway Service Patrol in the Coachella Valley
Interchange and bridge reconstructions throughout Riverside County
New interchanges throughout Riverside County
Grade separations throughout Riverside County
Funding Gap Analysis
The RCTC Strategic Assessment (2016) identified the total capital needs for highway and transit
infrastructure to meet the demand of Riverside County’s anticipated growth by 2039. The
Strategic Assessment also identified revenues estimated to be available during the same
timeframe from state, federal, and local sources to meet those needs. The analysis produced
an estimated funding gap between reasonably expected revenues and needed capital funding
of $15.9 billion. In 2017, the State Legislature and Governor approved new transportation
revenues which closed the estimated funding gap for Riverside County’s transportation capital
needs to approximately $12.6 billion.
More recently, initial financial analysis being conducted as part of RCTC’s Long Range
Transportation Plan has identified a $9.59 billion funding gap for highway projects through
2045. This gap is driven largely by the Mid County Parkway project between I-215 and SR-79
($1.69 billion) and SR-79 Realignment project ($1.52 billion), as well as a future east-west
DRAFT Staff Insight Brief, 2019 RCTC Workshop 6
corridor between I-15 and I-215 ($2.36 billion). These three projects aside, the highway funding
gap through 2045 is still $4.02 billion.
Assumptions about federal and state funding that were used to develop the Measure A
expenditure plan and the 2009-2019 Western County Highway Delivery Plan have not come to
fruition. While SB 1 is helpful, it came after several years of dramatic declines in state funding
and is focused mainly on repair of existing facilities, rather than building new infrastructure for
a growing economy such as Riverside County. Federal funding has remained flat and is held
afloat only by budgetary one-time “patches” that mask the structural insolvency of the Highway
Trust Fund. The American Recovery and Reinvestment Act of 2009, often called the “stimulus”
bill, contained only a small percentage of funding for transportation infrastructure and was
one-time funding. That bill did make significant investments in the I-10 interchanges in the
Coachella Valley. Congress and the President have yet to make progress on a long-sought
infrastructure bill.
Additionally, macroeconomic conditions including, but not limited to, cost escalation and
recessions, have widened the gap between what was forecast as feasible in 2002 and what
reality has borne out.
Strategies to Fill the Gap
New Sales Tax Measure
The preamble language to Ordinance 02-001, which was placed on the November 2002 General
Election ballot as Measure A, begins:
“The transportation system in Riverside County is rapidly deteriorating and our
population and economy are growing rapidly. Maintenance and repairs of existing
roadways and improvements to relieve congestion cannot be accomplished with
available funds. Without additional funds, the system will bog down and
pavement will crumble into permanent disrepair. State highway funds are
inadequate and competition for funds is increasing. Projects in areas where local
sales tax funds are available have been and will continue to be viewed much more
favorably in the selection process of the California Transportation Commission.
Local governments must either generate revenues to expand our system and
maintain our investments or watch the system collapse and endanger the health,
welfare and safety of all Riverside County residents.”
In 2019 in Riverside County, past is prologue.
In 2015, RCTC began examining the possibility of seeking voter approval for an additional 0.5%
sales tax to fill the funding gap in the Measure A program and to fund new priorities that have
emerged since the renewal of Measure A in 2002. In exploring this funding option, RCTC has
DRAFT Staff Insight Brief, 2019 RCTC Workshop 7
acknowledged that the state and federal governments cannot be relied upon to wholly fulfill
the needs and aspirations of Riverside County.
RCTC has modernized its public engagement efforts throughout Riverside County to receive the
input necessary to craft a transportation improvement plan that would earn voter confidence.
RCTC has also achieved the approval of the State Legislature and Governor to pursue an
additional 0.5% sales tax for transportation.
Revenue Potential: Significant
Initial estimates by the UC Riverside School of Business Center for Economic Forecasting &
Development demonstrate the potential for a new countywide sales tax measure for
transportation to yield anywhere between $3.1-$5.9 billion, depending on how the measure is
structured. This would close the capital funding gap identified in the Strategic Assessment
between 25-46% (Note: this figure does not include the expected long-term shortfall for transit
operations). No other potential future funding source was identified by the Strategic
Assessment that would raise this level of revenue. Potential sources also analyzed included
raising the federal gas tax, new development fees, and per-mile fees in addition to gas taxes. A
new measure would help in a meaningful way but is not the complete solution.
Legal Authority: Yes
RCTC obtained legal authority to administer an additional sales tax when Assembly Bill 1189 (AB
1189) (Garcia) was signed into law by the Governor in 2017. RCTC sponsored this bill. The law
allows RCTC to impose a total sales tax rate of up to 1% if approved by the electorate by a two-
thirds affirmative vote. The new measure authorized by AB 1189 is exempt from the state’s cap
on local-option sales taxes, meaning that the tax could go into effect in all jurisdictions in
Riverside County, including those where municipal sales taxes have recently been adopted.
Consistency with RCTC policy: Yes
The Commission has voted multiple times to pursue the option of a potential new sales tax
measure to close the funding gap to meet Riverside County’s infrastructure demands in the
coming decades. These votes occurred at the Commission’s Annual Workshops in 2016, 2017,
and 2018.
Feasibility: Possible
With legal authority in-hand and Commission policy favorable toward moving in the direction of
a new local funding measure, the primary remaining concern is voter sentiment. A two-thirds
“yes” vote (66.67%) of the electorate is necessary to achieve passage. Public opinion research
in 2017 demonstrated a maximum potential “yes” vote of 62% for likely voters in the 2020
General Election – 4.67% less than needed to pass in ideal conditions. In 2018, RCTC began a
DRAFT Staff Insight Brief, 2019 RCTC Workshop 8
multi-year comprehensive Public Engagement Program with one of its goals being to increase
awareness and education of Riverside County residents regarding transportation issues and to
develop a transportation improvement and funding plan that can achieve approval by 66.67%
of voters in 2020. RCTC staff and consultants are moving forward with the engagement
program and early results are encouraging, but too soon to measure. During 2019, the
engagement program will significantly increase its intensity and will include new research to
give Commissioners data to determine feasibility of a 2020 measure.
Risk: Medium
Given that success hinges on the political electoral environment heading into the 2020 General
Election, the most significant risks are political. Legal and technical risks are low, as statutory
authority to pursue this funding source is already secure and resources necessary to develop a
funding plan to place on the ballot are approved and budgeted. Many political risks are beyond
the control of RCTC and subject to national and state affairs. Local political dynamics – over
which Commissioners and colleagues have significant influence – will also play a major role in
success or failure of a new measure.
A risk inherent in pursuing any revenue source is macroeconomic conditions beyond RCTC’s
control. As seen during the Great Recession, sales tax receipts are vulnerable to dips in the
overall economy.
Innovative Financing
The current financial success of RCTC’s 91 Express Lanes and the hopeful success of the 15
Express Lanes opening in 2020 provide an opportunity for RCTC to use future anticipated toll
revenues to accelerate improvements on the SR-91 and I-15 corridors. With strong credit
ratings from the rating agencies, RCTC can use similar innovative financing approaches as those
RCTC used to finance the 91 Project and the I-15 Express Lanes Project within the boundaries of
state law. Given the systemic relationship between I-15 and SR-91 east of I-15, in that they
serve primarily the same commute and goods movement patterns, RCTC may wish to consider
obtaining legal authority for greater flexibility to allow 91 Express Lanes revenues to be
invested throughout the 91 and 15 corridor system.
Revenue Potential: Significant
Updated traffic and revenue analysis by Stantec Consulting presented at the Commission’s
December 2018 meeting demonstrates toll revenue from RCTC’s 91 Express Lanes will likely
continue to exceed original estimates made in 2012. Stantec forecasts for the “base case”
show an aggregate 10% increase in toll revenue through FY 2066, which is approximately $926
million more than anticipated when the 91 Project was financed. If RCTC constructs the 91
Corridor Operations Project (91 COP) by 2022, which is a new westbound lane between Green
River Road and SR-241, toll revenue will be reduced by approximately $166 million between FY
DRAFT Staff Insight Brief, 2019 RCTC Workshop 9
2022 and FY 2035 – accounting for a 2% reduction in revenue over the life of RCTC’s ownership
of the express lanes. Despite this expected drop in toll revenue, there remains a significant
amount of revenue expected to be available to fund future capital projects on the SR-91
corridor.
15 Express Lanes revenue is not expected to be as high as 91 Express Lanes revenue and
performance versus projections cannot be measured until the facility is open for an extended
period of time. Nonetheless, RCTC can begin exploring financing structures that would leverage
any future available toll revenue to partially fund priority projects on I-15, including the 15
Express Lanes Southern Extension between Cajalco Road and SR-74.
Legal Authority: Yes, with limitations
For the 91 Express Lanes, Senate Bill 1316 (SB 1316) (Correa) requires that toll revenue beyond
what is needed to pay debt obligations and operations and maintenance of the express lanes be
invested in capital or operations improvements to enhance mobility in the SR-91 corridor
between the county line and I-15. Financing such future toll revenues to accelerate
improvements to SR-91 between the county line and I-15 is a legally permissible action. Should
RCTC wish to use toll revenues to make improvements to SR-91 east of I-15 or on I-15 itself (or
on another route), changes to state statute would need to be approved by the Legislature and
Governor.
For the 15 Express Lanes, Assembly Bill 1954 (AB 1954) (Jeffries) provides similar legal
parameters for investment of toll revenues. The physical limits of improvements that could be
funded with toll revenues are the I-15 corridor between the San Bernardino and San Diego
County lines.
Consistency with RCTC policy: Yes
At its June 2012 meeting, the Commission adopted the following toll policy goals:
1. Provide a safe, reliable, and predictable commute for 91 Express Lanes customers;
2. Optimize vehicle throughput at free flow speeds;
3. Pay debt service and maintain debt service coverage;
4. Increase average vehicle occupancy;
5. Balance capacity and demand to serve customers who pay tolls as well as carpoolers
with three or more persons who are offered discounted tolls;
6. Generate sufficient revenue to sustain the financial viability of the Commission’s 91
Express Lanes;
7. Ensure all covenants in the financing documents are met; and
8. Provide net revenues for Riverside Freeway/SR-91 corridor improvements.
Feasibility: Possible
DRAFT Staff Insight Brief, 2019 RCTC Workshop 10
RCTC has financial advisory services under contract and will likely secure the interest of
underwriters for a potential financing without much difficulty. Rating agencies have
demonstrated confidence in the local economy with:
• Stable outlooks on RCTC’s sales tax revenue bonds, and
• A recent upgrade by S&P Global Ratings with a positive outlook and a stable outlook by
Fitch Ratings with an expectation of a positive revision based on current performance
on RCTC’s 91 Express Lanes toll revenue financings.
Stantec’s recent traffic and revenue study results only bolster RCTC’s case for additional
financing. While financial market conditions are always outside of RCTC’s control, with a
reasonably healthy economy forecast for the near future, a successful financing using the
boundaries of current law appears likely.
Risk: Low
Exploration of innovative financing itself carries low risk. For reasons previously mentioned,
such an exploration is likely to be well received by capital markets and Riverside County citizens
eager for congestion relief as soon as possible. Risks increase an unknown amount should RCTC
choose to explore a “system financing” where 91 Express Lanes revenue could be applied to the
I-15 corridor, and vice versa. Risks of pursuing such a financing would be political in nature, as
RCTC would need permission from the Legislature and the Governor. The degree of risk of such
a legislative pursuit is unknown at this time because the exact scope and objective has not been
fully defined by the financial and technical analysis which would need to take place first.
As with sales tax revenues, toll revenues are partially dependent on overall economic
conditions. Recessions can cause actual revenues to dip below assumptions integral to
financing. Issuing additional debt would inherently increase risks RCTC to meet its obligations.
Recommendation
Staff recommends the Commission assign the Future Funding Initiatives ad hoc Committee to
thoroughly vet and make specific recommendations to the Commission no later than July 2019
on the following:
• Measure A Expenditure Plan Review and Update,
• 2019-2029 Western County Highway Delivery Plan,
• A new local funding measure on the 2020 general election ballot, and
• Innovative financing of express lanes revenues.
Further, staff recommends the Commission make a policy vote to commit sufficient 91 Express
Lanes surplus revenues to fully fund construction of the 15/91 Express Lanes Connector, as this
DRAFT Staff Insight Brief, 2019 RCTC Workshop 11
project is about to begin design-build procurement and is a stated priority of RCTC and the
State of California. The exact amount of surplus toll revenues and mix of fund sources will be
dependent on the outcome of federal INFRA grant awards sought by RCTC for this and other
projects on the 91 corridor.
Yucca
Valley
Twentynine Palms
RanchoMirage
Palm Springs
PalmDesert
La Quinta
Indio
Desert Hot Springs
Coachella
CathedralCity
Wildomar
Menifee
Eastvale
Temecula
CanyonLake
LakeMatthews
LakePerris
VailLake
NewportBeach
Murrieta
LakeElsinore
Laguna
Woods
Laguna
Niguel
Irvine
AlisoViejo
SanJacinto
San Bernardino
Perris
MorenoValley
Highland
Hemet
BeaumontBanning
Yorba Linda
Walnut
Upland
Tustin
Santa
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SanDimas
Rialto
RanchoCucamonga
Pomona
Placentia
Ontario
Norco
JurupaValley
LaVerne
Glendora Fontana
DiamondBar
Corona
Claremont
Chino Hills
Brea
Anaheim
Riverside
Calimesa
Diamond ValleyLake
SAN BERNARDINO CO.
RIVERSIDE CO.
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INTERSTATE
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CALIFORNIA
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CALIFORNIA
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CALIFORNIA
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790510Miles
N
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3
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18
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4
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4243
COMPLETED PROJECTS Date of Completion Project Cost
WESTERN COUNTY
1
91 Project - added regular lanes, tolled express lanes and auxiliary lanes between the Orange County/Riverside County line and I-15
Spring 2017 $1.4 Billion
2 60/215 East Junction Project March 2014 $47 Million
3 74/215 Interchange Project March 2012 $20.6 Million
4 I-215 South Project September 2012 $29 Million
5 I-215 Bi-County Gap Closure June 2015 $170 Million
6 I-215 Central Project October 2015 $123.5 Million
7 I-215 Widening - Southbound - Blaine to Martin Luther King Boulevard September 2013 $2.8 Million
8 SR-74 Curve Widening June 2015 $5.6 Million
9 91/Perris Valley Line Metrolink Extension June 2016 $248.3 Million
10 SR-91 High Occupancy Vehicle Project April 2016 $248 Million
UNDER CONSTRUCTION Estimated Date of Completion Estimated Project Cost
WESTERN COUNTY
11 I-15 Express Lanes Project 2020 $489 Million
12 60 Truck Lanes Late 2021 $138.4 Million
NEAR TERM Estimated Date of Completion Estimated Project Cost
WESTERN COUNTY
13 I-215/Placentia Ave. Interchange - Mid County Parkway Construction Package #1 Mid 2022 $58 Million
14 15/91 Express Lanes Connector 2022 $235 Million
15 71/91 Interchange Project Late 2022 $121 Million
16 91 Corridor Operations Project Late 2021 $43 Million
17 I-15/Railroad Canyon Interchange 2022 $45 Million
18 15 Corridor Operations Project TBD TBD
LONG TERM Estimated Date of Completion Estimated Project Cost
WESTERN COUNTY
19 SR-79 Realignment Project - Environmental work complete TBD $1.523 Billion
20 Mid County Parkway - Environmental work complete TBD $1.7 Billion
21 I-215 North - Box Springs Road to Nuevo Road TBD TBD
22 15 Express Lanes Southern Extension TBD TBD
23 I-15 Corridor Improvements: SR-74 to San Diego County Line TBD TBD
24 71 Widening TBD TBD
25 10/60 Interchange TBD TBD
26 10 Truck Lane TBD TBD
27 Coachella Valley-San Gorgonio Pass Rail TBD TBD
28 91 Ultimate Project TBD TBD
29 91 Improvements East of I-15 TBD TBD
RCTC-LED PROJECTS
ATTACHMENT 2
ORDINANCE NO. 02-001
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
TRANSPORTATION EXPENDITURE PLAN
AND RETAIL TRANSACTION AND USE TAX ORDINANCE
PREAMBLE
The transportation system in Riverside County is rapidly deteriorating and our population and economy are growing rapidly. Maintenance and repairs of existing roadways and improvements to relieve congestion cannot be accomplished with available funds. Without additional funds, the system will bog down and pavement will crumble into permanent disrepair. State highway funds are inadequate and competition for funds is increasing. Projects in areas where local sales tax funds are available have been and will continue to be viewed much more favorably in the selection process of the California Transportation Commission. Local governments must either generate revenues to expand our system and maintain our investments or watch the system collapse and endanger the health, welfare and safety of all Riverside County residents.
Continuation of our one-half percent sales tax for transportation to supplement traditional revenues and revenues to be generated through locally-adopted developer fees and assessment districts for transportation improvements is the only way local governments can be sure the transportation system will serve the current and future travel needs of Riverside County. Collection of the one-half percent sales tax will commence upon the expiration of the existing tax.
The Riverside County Transportation Commission will continue to seek maximum funding for transportation improvements through State and federal programs. The Commission will not provide sales tax revenues to any city or to the County unless revenues currently used by that agency for transportation are continued to be used for transportation purposes.
The Riverside County Transportation Commission ordains as follows:
SECTION 1. SUMMARY. This Ordinance provides for the imposition of a retail transaction and use tax of one-half percent for a period of thirty (30) years, the authority to issue bonds secured by such taxes, and the administration of the tax proceeds and a county transportation expenditure plan.
SECTION II. DEFINITIONS. The following definitions shall apply in this ordinance:
A. Expenditure Plan. “The Expenditure Plan” means the Riverside County Transportation Commission Expenditure Plan (attached as Exhibit B) and adopted as part of this Ordinance including any future amendments thereto.
B. “County” means the County of Riverside.
ATTACHMENT 3
C. “Commission” means the Riverside County Transportation Commission s set forth in Sections 130053, 130053.5 and 130053.7 of the Public Utilities Code. D. “TUMF” means Transportation Uniform Mitigation Fee. This fee is charged on new development by local governments to assist with the building and improvement of regional arterials. E. “MSHCP” means the Multiple Species Habitat Conservation Plan currently under development by the County of Riverside. F. “Existing Tax” means the ½ % retail transactions and use tax adopted pursuant to Ordinance No. 88-01. SECTION III. AUTHORITY. This Ordinance is enacted, in part, pursuant to the provisions of Division 25 (commencing with Section 240000) of the Public Utilities Code, and Section 7252.22 of the Revenue and Taxation Code. SECTION IV. IMPOSITION OF RETAIL TRANSACTIONS AND USE TAX. Subject to voter approval of the same, the Commission shall impose, in the incorporated and unincorporated territory of the County of Riverside, a retail transactions and use tax (referred to as the Measure “A” fund tax) at a zero percent (0%) rate until the expiration of the Existing Tax. Thereafter, a tax shall be collected for a thirty (30) year period at the rate of one-half of one percent (0.5%). This tax shall be in addition to any other taxes authorized by law, including any existing or future state or local sales tax or transactions and use tax. SECTION V. PURPOSES. Measure “A” funds may only be used for transportation purposes including the administration of Division 25, including legal actions related thereto, the construction, capital, acquisition, maintenance, and operation of streets, roads, highways, including state highways and public transit systems and for related purposes. These purposes include expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. SECTION VI. BONDING AUTHORITY. Upon voter approval of Measure “A” , the Commission shall have the power to sell or issue, from time to time, on or before the collection of taxes, bonds, or other evidence of indebtedness, including, but not limited to, capital appreciation bonds, in the aggregate principal amount at any one time outstanding of not to exceed $500 million, and to secure such indebtedness solely by way of future collection of taxes, for capital outlay expenditure for the purposes set forth in Section V hereof, including to carry out the transportation projects described in the Expenditure Plan. SECTION VII. MAINTENANCE OF EFFORT. The Commission, by the enactment of this Ordinance, intends the additional funds provided government agencies by this Chapter to supplement existing local revenues and required developer improvements being used for transportation purposes. The government agencies shall maintain their existing commitment of local funds for street, highway and public transit purposes pursuant to this Ordinance, and the Commission shall enforce this Section by appropriate actions including fiscal audits of the local agencies.
The local cities and the County shall annually submit to the Commission a list of the proposed uses for these funds and a certification that the maintenance of effort requirement is being met. If in any fiscal year the maintenance of effort requirement is not met, the agency shall not be eligible for any Measure “A” funds in the following fiscal year. Such funds shall be distributed to the remaining local governments using the formula for the area. SECTION VIII. RETURN TO SOURCE. Funds for transportation purposes shall be allocated to the Western County, Coachella Valley, and Palo Verde Valley areas proportionate to the Measure “A” funds generated within these areas. SECTION IX. ADMINISTRATION OF PLANS. The Commission shall impose and collect Measure “A” funds, shall allocate revenues derived, and shall administer the Expenditure Plan consistent with the authority cited herein. SECTION X. ADMINISTRATIVE COSTS. The Commission shall expend only that amount of the funds generated from Measure “A” for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities pursuant to Division 25, and in no case shall the funds expended for salaries and benefits exceed one percent (1%) of the annual net amount of revenue raised by Measure “A”. SECTION XI. ANNUAL APPROPRIATIONS LIMIT. The annual appropriations limit has been established pursuant to Ordinance 88-01 pursuant to Article XIIIB of the California Constitution and Section 240308(b) of the Public Utilities Code. The appropriations limit has and shall be subject to adjustment as provided by law. SECTION XII. EFFECTIVE AND OPERATIVE DATES. Subject to voter approval, this Ordinance shall take effect at the close of the polls on November 5, 2002. SECTION XIII. ELECTION. The Commission requests the Board of Supervisors to call an election for voter approval of Measure “A ” (Exhibit A), which election shall be held on November 5, 2002. The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county. Pursuant to Section 240308 of the Public Utilities Code, the sample ballot to be mailed to the voters shall be the full proposition as set forth in the Ordinance, and the voter information handbook shall include the entire Expenditure Plan. Approval of the attached proposition, and the imposition of the Measure “A” retail sales and use tax described herein, shall require the affirmative vote of 2/3rds of the electors voting on the attached proposition at the election described in this section. SECTION XIV. EXPENDITURE PLAN AMENDMENTS. The Expenditure Plan for Measure “A” funds may only be amended, if required, in accordance with Public Utilities Code section 240302, as amended. This section currently provides the following process for amendment: (1) initiation of the amendment by the Commission reciting findings of necessity; (2) approval by the Board of Supervisors; and, (3) approval by a majority of the cities constituting a majority of the incorporated population, unless such process is amended in a manner consistent with State legislation.
Commencing in 2019 and at least every ten years thereafter, the Commission shall review and, where necessary propose revisions to the Expenditure Plan. Such revisions shall be submitted for approval according to the procedures set forth in this Section XIV. Until approved, the then existing Expenditure Plan shall remain in full force and effect. SECTION XV. SEVERABILITY. If any tax or provision of this ordinance is for any reason held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining Measure “A” funds or provisions, and the Commission declares that it would have passed each part of this ordinance irrespective of the validity of any other part. SECTION XVI. THE EXISTING TAX. Nothing in the ordinance is intended to modify, repeal, alter or increase the Existing Tax. The provisions of this ordinance shall apply solely to the retail transactions and use tax adopted herein, and not to the collection or administration of the Existing Tax. APPROVED AND ADOPTED by the Riverside County Transportation Commission at its meeting on Wednesday, May 8, 2002. By: John F. Tavaglione, Chairman Riverside County Transportation Commission ATTESTED: By: Naty Kopenhaver, Clerk of the Board Riverside County Transportation Commission
Riverside County
Transportation Improvement Plan
GOALS AND OBJECTIVES
MAINTAIN AND IMPROVE THE QUALITY OF LIFE IN RIVERSIDE COUNTY BY
SUPPLEMENTING EXISTING FUNDS FOR TRANSPORTATION
Reduce current congestion and provide adequate transportation facilities to
accommodate reasonable growth in the future.
Provide funding for the adequate maintenance and improvement of local streets and
roads in the cities and unincorporated areas.
Enhance Riverside County’s ability to secure state and federal funding for
transportation by offering local matching funds.
PROVIDE FOR ACCOUNTABILITY IN THE EXPENDITURE OF TAX PAYER FUNDS
Provides for mandatory dedication of sales tax funds only for the transportation
improvements and programs identified in the Expenditure Plan and no other
purpose.
Provides for a mandatory, annual financial audit of program expenditures to insure
that all funds are spent in accordance with this voter adopted Plan and associated
legal ordinance.
Provides for a Maintenance of Effort requirement in funds made available to city
and county governments for local street and road programs to insure the new
money for this purpose is adding to current funding levels.
Provides for the strict limitation of administrative staff costs in implementing this
Plan, by limiting, in law, funds expended for salaries and benefits to no more than
one (1) percent of the annual net amount of revenues raised by Measure "A".
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Provides for the Plan to be updated every 10 years for the period it is in effect to
insure that the changing needs and priorities of the county are met.
Provides for the mandatory termination of the tax in 2039, requiring additional
voter approval for extension at a County General Election according to state law.
PROVIDE FOR EQUITY IN THE DISTRIBUTION OF MEASURE “A” REVENUES
Return funds to the Western County, Coachella Valley and Palo Verde Valley
proportionate to the funds generated in those areas.
Adopt a Transportation Improvement Plan, which address the unique needs of each
of the areas of the county.
Provide a reasonable balance between competing highway, commuter rail, transit,
and local streets and roads needs.
PROVIDE FOR LOCAL CONTROL OF THE TRANSPORTATION IMPROVEMENT
PROGRAM
Provide for cost effective, local administration of the program through the existing
Riverside County Transportation Commission. No new agency would be required to
administer these funds.
Delegates appropriate administrative responsibility to the cities and the county and
other local agencies for local programs.
This TRANSPORTATION IMPROVEMENT PLAN, which shall act as the County’s
Expenditure Plan, was prepared by the Riverside County Transportation
Commission for the purpose of extending the current ½ cent local transaction and
use tax for transportation to be collected for an additional 30 years, if approved by
the voters on November 5, 2002 – Measure “A”. This is proposed by the
Commission as a means to fill the funding shortfall to: implement necessary
highway, commuter rail, and transit projects; secure new transportation corridors
through environmental clearance and right of way purchases; provide adequate
maintenance and improvements on the local street and road system; promote
economic growth throughout the county; and provide specialized programs to meet
the needs of commuters and the specialized needs of the growing senior and
disabled population.
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TAXPAYER ACCOUNTABILITY SAFEGUARDS
LEGAL DEDICATION OF FUNDS
Measure "A" funds may only be used for transportation purposes and described in
the local ordinance governing this program, including the construction,
environmental mitigation of transportation projects, capital activities, acquisition,
maintenance, and operation of streets, roads, highways, including state highways
and public transit systems and for related purposes. These purposes include but
are not limited to expenditures for the planning, environmental reviews, engineering
and design costs, related right-of-way acquisition, and construction, engineering
and administration.
MANDATORY ANNUAL FISCAL AUDIT
No less than annually, the RCTC shall conduct an independent fiscal audit of the
expenditure of all sales tax funds raised by this measure. The audit, which shall be
made available to the public, shall report on evidence that the expenditure of funds
is in accordance with the Riverside County Transportation Improvement Plan as
adopted by the voters in approving the sales tax measure on November 5, 2002.
In addition, the audit shall determine that Maintenance of Effort requirements, other
requirements regarding local government participation in Transportation Uniform
Mitigation Fee Programs, as well as requirements described in Section 5 of the Plan
entitled "Local Streets and Roads" have been complied with. The audit shall also
insure that no more than 1 (one) percent of total sales tax expenditures are used
for administrative staff salaries and benefits in implementing this Plan.
MANDATORY PLAN UPDATE AND TERMINATION OF SALES TAX
This Plan shall be updated by RCTC every 10 years that the sales tax is in effect to
reflect current and changing priorities and needs in the County, as defined by the
duly elected local government representatives on the RCTC Board. Any changes to
this Plan must be adopted in accordance with current law in effect at the time of
the update and must be based on findings of necessity for change by the
Commission. The sales tax authorized to be collected by the voters shall be
terminated on March 31, 2039, unless reauthorized by the voters to extend the
sales tax prior to the termination date as required under state law in effect at the
time of the vote for extension.
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SPECIFIC TRANSPORTATION PROJECTS TO BE FUNDED
WESTERN RIVERSIDE COUNTY
The Expenditure Plan Map illustrates the Western and Coachella Valley areas. The
Western County area includes the cities of Banning, Beaumont, Calimesa, Canyon
Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Riverside, Murrieta, Norco,
Perris, San Jacinto, and Temecula. It also includes the unincorporated communities
of Jurupa, Mira Loma, Menifee, Wildomar, and Sun City and other more sparsely
populated areas, and the reservations of the Pechanga Band of Mission Indians, the
Soboba Band of Mission Indians, the Cahuilla Band of Mission Indians, the Ramona
Band of Cahuilla Indians, and the Morongo Band of Indians.
1. STATE HIGHWAYS
Many more state highway improvement projects are needed to deal with
congestion and safety problems than existing state and federal revenues can
fund. Projected formula funds from these sources over the 30 years is
estimated to be $640 million and will fund less than ½ of the improvements
needed and identified in the Expenditure Plan, which are estimated to cost
$1.66 billion in current dollars. Measure “A” funds will supplement those
funding sources by an estimated $1.02 billion and will cover the remaining
costs estimated to accomplish these improvements.
The Highway projects to be implemented with funding returned to the
Western County Area by extending the Measure “A” Program are as follows:
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ROUTE LIMITS PROJECT EST. COST
91, 60, I-15,
& I-215
Reducing congestion on these
routes will require that new
transportation corridors are
constructed
See Section 2
Rte 91 Pierce Street to Orange County
Line Add 1 lane each direction $ 161
91/I-15 Interchange Add new Connector from I-15
North to 91 West $ 243
91/71 Interchange Improve Interchange $ 26
Rte 71 Rte 91 to San Bernardino
County Line Widen to 3 lanes each direction $ 68
I-215 60/91/215 to San Bernardino
County Line Add 2 lanes each direction $ 231
I-215 Eucalyptus Ave to I-15 Add 1 lane each direction $ 210
I-15 Rte 60 to San Diego County
Line Add 1 lane each direction $ 359
I-10 San Bernardino County Line to
Banning Add eastbound truck climbing
lane $ 75
I-10/60 Interchange Construct new interchange $ 129
Rte 60 Badlands area, east of Moreno
Valley Add truck climbing lane $ 26
Rte 79 Ramona Expressway to
Domenigoni Parkway Realign highway $ 132
SUBTOTAL Measure “A” Funding
State & Federal Formula Funds $1.02 Billion
$0.64 Billion
TOTAL $1.66 Billion
The Commission may add additional State Highway projects, should
additional Measure “A” revenue become available.
An estimated 5% of the total cost for these highway projects ($83 million)
will be used for environmental purposes to mitigate the cumulative and
indirect impacts associated with construction of these projects.
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2. DEVELOPMENT OF NEW TRANSPORTATION CORRIDORS
State Routes 91 and 60 and Interstate Routes 15 and 215 cannot cost
effectively be widened enough to provide for the traffic expected as
Riverside County continues to grow. In addition to the specific highway
improvements listed in Section 1 above, congestion relief for these highways
will require that new north–south and east-west transportation corridors will
have to be developed to provide mobility within Riverside County and
between Riverside County and its neighboring Orange and San Bernardino
Counties.
Four new Transportation Corridors have been identified as necessary through
the Community Environmental Transportation Approval Process (CETAP)
currently underway. An estimated $370 million in Measure "A" matching
funds to leverage local, state and federal funding will be made available for
environmental clearance, right of way, and construction of these new
corridors. An estimated $70 million of these funds will be used to mitigate
the cumulative and indirect impacts associated with construction of these
projects.
3. PUBLIC TRANSIT
The Transportation Improvement Plan will provide an estimated $390 million
to expand commuter rail, implement intercity bus services and to continue
and expand programs to assist the elderly, disabled and commuters.
A. Discount Fares and Transit Services for Seniors and Disabled Persons
Seniors and disabled persons are becoming an increasing percentage
of the population each year. They are currently charged a fare on
fixed route transit services that is one-half the normal fare for service
within the Western County area. In addition a number of specialized
transportation programs have been implemented which meet
specialized needs for transportation to medical services, social
service agencies and programs, shopping and other purposes that
cannot be met by conventional transit. A minimum of $85 million in
Measure “A” funds will be used to guarantee these services.
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B. Commuter Rail and Intercity Bus Service
Metrolink has provided a viable alternative to the automobile for
thousands of daily commuters to Orange and Los Angeles counties
and reduces the demand on our freeways. The current service level
needs to double in the future and expansion of the system to
Moreno Valley and Perris is needed to relieve congestion on I-215.
In addition, an intercity express bus service that feeds the Metrolink
service and provides a reasonable alternative to the automobile for
daily commuters who travel within the region is needed. Measure
“A” funds will be made available for operations of these services and
to match federal funds for capital.
C. Commuter Services, Ridesharing, Vanpools, Buspools, Park-N-Ride
Commuter traffic created by Riverside County residents traveling to
jobs in neighboring Orange, Los Angeles, and San Bernardino
counties adds significantly to the peak hour congestion on the
freeway and highway system. A number of programs have been
implemented to assist commuters to share rides, reduce congestion,
and take advantage of travel in the “carpool” lanes. These programs
include; rideshare matching services; incentive programs; vanpool
“seed money”; buspool subsidies; and park-n-ride lot leasing. These
programs will become even more necessary in the future as traffic
increases. A minimum of $50 million in Measure “A” funds will be
used for this purpose.
4. REGIONAL ARTERIAL SYSTEM
The freeway and state highway system can no longer be expected to handle
the traffic demands for travel between and through the cities of the Western
County area, with the development projected for the future. A system of
regional arterials (major local roadways) with limited access, freeway
interchanges, grade separations, and coordinated traffic signals are needed
to supplement the highway backbone system. The Western Riverside Council
of Governments (WRCOG), in conjunction with the cities and the County,
has developed this system of roadways to meet this need. This roadway
system will be periodically updated by the Commission, or the Western
Riverside Council of Governments, to reflect actual development trends.
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Funding to widen existing roads and construct new roads on this system will
be funded by an estimated $300 million in revenues generated by Measure
“A” and by matching revenues to be generated by the cities and County
implementing a Transportation Uniform Mitigation Fee (TUMF) administered
by the Commission or the Western Riverside Council of Governments
(WRCOG).
Examples of the roadways on the regional arterial system that may be
eligible to receive Measure “A” and TUMF funding for widening and other
improvements to increase capacity and traffic flow are:
• Van Buren Boulevard from I-215 to State Route 60
• Alessandro Boulevard from I-215 westerly to Central Avenue
• Central Avenue from Alessandro Blvd to Van Buren Boulevard
• Arlington Avenue from Central Avenue to Van Buren Boulevard
• Green River Road from Dominguez Ranch Rd to State Route 91
• Foothill Parkway from Lincoln Ave to Green River Road
• Scott Road from State Route 79 to I-215
• Clinton Keith Road from State Route 79 to I-215
• Date Street from State Route 79 to I-15
• State Route 79/I-10 Interchange Improvements and possible bypass to
I-10
• Ramsey Street from Banning City Limits to Field Road
• Ramona Expressway from San Jacinto to I-215
• Cajalco Road from I-215 to I-15
• Perris Boulevard from State Route 74 to San Bernardino Co. Line
• Pyrite Street from San Bernardino County Line to State Route 60
• Schleisman Road from San Bernardino County Line to I-15 and
Arlington Avenue
• Domenigoni Parkway from State Street to I-215
• Railroad Canyon/Newport Road from I-215 to I-15
The final scope and project limits of all improvements proposed for the
regional arterial system will be determined through noticed public hearings,
environmental clearance process, and agreement with affected agencies.
5. LOCAL STREETS AND ROADS
The local street and road system is critical to the every day movement of
people within the cities and the county. This system is reaching “middle
age”, with potholes and is in need of continued maintenance and
rehabilitation. New local roads adjacent to new residential and business
developments will continue to be constructed and paid for by the developers.
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Current resources, without the extension of the existing sales tax revenues
for transportation, cannot provide adequate funding to maintain the local
street and road system at the level necessary to adequately serve the public.
The Transportation Improvement Plan will provide an estimated $970 million
specifically for this purpose. The funds made available in the Western County
area will be distributed to the cities and the county by a formula based 75%
on proportionate population and 25% on revenues generated by Measure
“A”. In order to be eligible for these funds, each agency will be required to:
1) File a Five-Year Capital Improvement Program, updated annually, with the
Commission; 2) Participate in a Transportation Uniform Mitigation Fee
(TUMF) Program to be developed and administered by the Commission or the
Western Riverside Council of Governments (WRCOG); and, 3) Participate in
the Multi- Species Habitat Conservation Plan (MSHCP) currently under
development by the County of Riverside by endorsing the Permit Application
and signing the Implementation Agreement.
The TUMF Program shall be adopted according to all applicable laws and
shall provide that the first $400 million of TUMF revenues will be made
available to the Commission to fund equally the: 1) Regional Arterial
System, as described above; and, 2) Development of New Corridors
(“CETAP”) described above.
6. ECONOMIC DEVELOPMENT INCENTIVES PROGRAM
The need to attract new commercial and industrial development and jobs to
Riverside County to reduce the need for long commutes to Orange and Los
Angeles counties is important to the economic vitality and quality of life of
Western Riverside County. A greater jobs – housing balance is needed
immediately.
The Transportation Improvement Plan will provide an estimated $40 million
for this purpose. These funds will be used to create an Infrastructure
Improvement Bank to improve existing interchanges, construct new
interchanges, provide public transit linkages or stations, and make other
improvements to the transportation system. Given the limited amount of
funds available, the RCTC shall develop a program of competitive incentives
to attract commercial and industrial development and jobs to locate within
the Western Riverside County area.
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In particular, the highest priority for these funds shall be for use in attracting
key industrial development. For example, Western Riverside County through
the provision of a needed interchange or transit service as a part of an
overall package of incentives, could attract industrial development, which
may have otherwise located elsewhere in California, in the United States or
internationally.
7. BOND FINANCING
Construction of the highway and rail projects and implementation of the local
streets and roads and other programs identified in the Transportation
Improvement Plan are needed as soon as possible. In order to accomplish
this, some level of borrowing will be required. The Commission will
determine the extent of borrowing that is reasonable as the program is
implemented. Up to $270 million, 8% of the revenues expected to be
generated, will be made available for this purpose.
COACHELLA VALLEY AREA
The Coachella Valley area is located in the central part of Riverside County and
includes the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells,
Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage. It also includes
the unincorporated areas, and the reservations of the Agua Caliente Band of
Cahuilla Indians, the Cabazon Band of Mission Indians, and the Torres Martinez
Desert Cahuilla Indians. The Transportation Improvement Plan is designed to give
flexibility to adjust to changing circumstances and to:
• Improve Traffic Flow and Reduce Congestion on Highway 111
• Add/Improve Interchanges on Highway 86 and I-10
• Provide funding for Local Streets and Roads Improvements
• Improve Safety and Visibility at Major Intersections and Arterial Roads
● Reduce Congestion by Improving Major Roadways Identified as
Important by Local Governments in the Coachella Valley
• Provide Express East-West Transit Routes in the Coachella Valley
• Improve and Expand Public and Specialty Transit Service
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1. STATE HIGHWAYS AND MAJOR REGIONAL ROAD PROJECT
Fifty percent (50%) of the Measure “A” revenues will be used for State
highways and regional road improvements. The Transportation Project
Prioritization Study (TPPS), developed through the Coachella Valley
Association of Governments (CVAG), will function as the Plan for future
needs. Preventive maintenance of these Measure “A” funded arterials will
be allowed, if a majority of the Coachella Valley local governments give
approval.
The system improvements will be accomplished with a mix of Measure “A”
funds, state and federal highway funds, and the existing Transportation
Uniform Mitigation Fee (TUMF) on new development.
This segment of the Measure “A” Expenditure Plan will be implemented
through the Coachella Valley Association of Governments.
2. LOCAL STREETS AND ROADS
Thirty-five percent (35%) of the Measure “A” revenues will be returned to
the cities and the county in the Coachella Valley and shall be used to assist
with the funding local street and road improvements. These funds will
supplement existing federal, state, and local funds. Local street
improvements adjacent to new residential and business developments will
continue to be paid for by the developers.
Cities and the county in the Coachella Valley must participate in the
Transportation Uniform Mitigation Fee (TUMF) program to assist in the
financing of the priority regional arterial system in order to receive these
funds. If a city or the county chooses not to levy the TUMF, the funds they
would otherwise receive for local streets and roads will be added to the
Measure “A” funds for the Regional Arterial Program.
Allocations of funds to the cities and the county will be based on a formula
weighted 50% on proportionate dwelling units and 50% on Measure “A”
revenues generated within each jurisdiction. A Five-Year Capital
Improvement Program for the use of these funds will be prepared and
annually updated with public participation by each city and the county.
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3. PUBLIC TRANSIT
Fifteen percent (15%) of the Measure “A” revenues will be used to improve
and expand public transit and specialized transportation services.
A.
B.
C.
Discount Fares and Expanded Transportation Services for Seniors and
Persons with Disabilities
For Seniors (age 60 and older) and persons with disabilities, access to
healthcare, social services, shopping, and recreation is a key to quality
of life. Sunline Transit Agency offers a full array of public transit and
specialized transportation services at reduced prices to individuals in
these special groups. Measure “A” funds will guarantee discounts
continue for the next 30 years. Funds will also be used to expand
services to meet future needs of the growing population of the valley.
Specialized Transportation Services
In addition to providing SunBus public transit service, SunDial
paratransit service, and SunLink express commuter service to
Riverside, the Sunline Transit Agency offers specialized transportation
services to Coachella Valley residents and visitors. These services
include the Vets Express that provides free transportation to the
Veterans Hospital in Loma Linda; SunTrip, that enables those beyond
Sunline’s fixed route service area to receive reimbursement they can
pay to volunteer drivers; and SunRide that coordinates the
transportation services offered by many non-profit social service
organizations. All of Sunline’s vehicles operate on clean, alternative
fuels thereby preserving the environment and creating a healthier
community while increasing access. Measure “A” funds will assist
these and other types of specialized transportation services which may
be implemented.
Bus Replacement and More Frequent Service
Public bus transportation offers communities many benefits – reduced
traffic congestion, reduced wear and tear on roads, reduced parking
demand, and lower emissions. By providing access to schools, jobs
and shopping, it is also a vital force in economic development. This is
especially true in the Coachella Valley where nearly 75% of the 4
million annual SunBus riders take a bus to work and/or school. Public
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transit buses have a 12-year life. Passage of Measure “A” will enable
Sunline’s fleet to be replaced as needed. Funds will also be used to
increase frequency of service, which is the single most important
factor in use of public transportation.
PALO VERDE VALLEY AREA
The Palo Verde Valley area is located in the far eastern part of Riverside County. It
is geographically separated from the Western and Coachella Valley areas. The
population within the area is relatively small, and significant growth over the next
30 years is not anticipated.
The Palo Verde Valley is served by Interstate 10 which provides adequate
connections to the more westerly portions of Riverside County and easterly to
Arizona. Increasing transit needs can be adequately met using existing revenue
sources available for that purpose. The greatest need for the Palo Verde Valley is
additional funding to adequately maintain and rehabilitate local streets and roads.
All of the funding generated by Measure “A” returned to the Palo Verde Valley is to
be used for local streets and roads. Funds shall be distributed to the City of Blythe
and the County of Riverside by formula. The formula distribution is based 75% on
proportionate population and 25% on sales tax revenues generated in each area.
MEASURE “A” REVENUE ALLOCATIONS
($ millions)
Western County Area
Highway Improvements $1,020
New Corridors $ 370
Commuter Rail / Intercity Bus/ Specialized $ 390
Transit/ Commuter Services
Regional Arterial Projects $ 300
Local Streets and Road Improvements $ 970
Bond Finance $ 270
Economic Development Projects $ 40
TOTAL $3,360
Coachella Valley
Highways and Regional Arterials $ 628
Local Streets and Roads $ 439
Specialized and Public Transit $ 188
TOTAL $1,255
Palo Verde Valley Area
Local Street and Road Improvements $ 47
TOTAL $ 47
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Click on Link to View
2002 MEASURE “A” MAP
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GENERAL PROVISIONS OF
THE TRANSPORTATION IMPROVEMENT PLAN
1. BASIS FOR REVENUE ESTIMATES
Federal and state participation for highways, commuter rail, new corridors,
and major non-highway roadway improvements is assumed to be $40 million
per year allocated biannually by the California Transportation Commission
through the State Transportation Improvement Program (STIP) process. The
Riverside County Transportation Commission currently programs 24.2% of
these funds on a discretionary basis for projects. This practice will be
continued in order to fund major improvements that will arise and have not
been anticipated by this Transportation Improvement Plan.
Measure “A” revenue estimates have not been adjusted to reflect inflation.
It is assumed that inflation revenue increases will be offset by inflation costs
to deliver the projects. “Real Growth” is assumed to parallel countywide
population growth. Based upon these factors Measure “A” revenues over
the 30-year period are assumed to be about $4.665 billion.
2. BASIS FOR COST ESTIMATES
All cost estimates for highway projects were developed by Caltrans based on
a specific scope of improvements and are based on 2001 values. Future
costs may increase due to inflation or other factors beyond the control of the
Commission. The 2001 costs estimates are to be used to determine the
proportionate distribution of funds to the categories of projects and programs
identified in the transportation program.
3. STATE HIGHWAY AND MAJOR ARTERIAL PROGRAMS
A. Eligible state highway project costs include preliminary engineering,
environmental clearances, design engineering, project management,
right of way acquisition and long-term leases and construction.
Measure “A” funds are intended to supplement and not replace
existing federal and state sources. If it is determined by the
Commission that Riverside County is not receiving its fair share of
existing funds, sales tax funds may be directed to other types of
transportation needs.
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B.
C.
A.
B.
C.
D.
The actual scope of the highway, and major arterial projects to be
implemented is to be determined through a prioritization process,
required environmental analysis, and full consideration of reasonable
alternatives. Public participation during the environmental analysis
process is required.
The Commission shall establish a “State Highway Account” for
funding capital expenditures for state highway improvements.
4. PUBLIC TRANSIT
Eligible programs include: special discount fares for the elderly and
persons with disabilities; funding for computer assisted rideshare
programs; commuter incentive programs; “seed” programs to
encourage the creation of vanpools and buspools; bus capital
replacement and additional bus service in the Coachella Valley; and
capital and operating assistance for commuter rail expansion and
intercity bus service implementation in the Western County area.
Western County area commuter rail services are anticipated to
continue to be operated by Metrolink on existing rail lines to Los
Angeles, Orange and San Bernardino counties. Increasing the level of
services will require negotiation of the appropriate agreements with
the railroads and appropriate cost sharing between the counties
served. Extension of service to the Moreno Valley area and the City
of Perris is anticipated to be along the San Jacinto Branch Line owned
by the Commission. Measure “A” funds will be used for operating
costs and to match federal and state funds for capital improvements.
Western County area intercity bus express services to be implemented
are intended to specifically target commuters and provide a viable
connection to the Metrolink service and transportation between and to
key employment centers within the region.
The Commission shall establish a “Public Transit Account” for funding
these programs. The Commission shall determine which public
transportation or specialized transportation services operators, and
carpool/vanpool facilitating agencies, shall receive funding assistance.
The Commission may directly provide or operate these services and
programs if it is determined that they are the most appropriate agency
to do so in the Western County area. In the Coachella Valley area, the
services will be provided by the SunLine Transit Agency. Based on 30
year funding estimates, the amount of funds should be $340 million
for the Western County and $188 million for the Coachella Valley
area.
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5. LOCAL STREETS AND ROADS PROJECTS
A.
B.
C.
D.
Eligible local street and road project costs include any environmental
review and mitigation, engineering, right of way acquisition and,
capital or maintenance cost. Decisions on projects are to be made by
local jurisdictions, but subject to capital Improvement requirements.
Annual population estimates used for the distribution formula for the
Western County and Palo Verde Valley areas shall be from the State
Department of Finance. Dwelling unit estimates used for the
distribution formula in the Coachella Valley shall be from the Riverside
County Planning Department. Actual State Board of Equalization retail
sales transactions shall be used for the formula in all three areas. The
County Planning Department shall estimate the share for each of the
unincorporated areas for the three areas, from the total retail sales
transactions for the total unincorporated area.
The Commission shall assure the cities and the County are in
compliance with maintenance of effort requirements before allocating
funds for local streets and roads. Further, the Commission shall not
allocate funds to an individual city or the County for local streets and
roads within the Western County and Coachella Valley areas unless
the local agency is certified by the Coachella Valley Association of
Governments or in the Western County Area by the Commission or the
Western Riverside County Association of Governments as applicable,
to be a participant in the Transportation Uniform Mitigation Fee
(TUMF) program necessary for the implementation of the Regional
Arterial Program in their area. The cities and the county in the
Western County Area must participate in the Multi Species Habitat
Conservation Plan (MSHCP) by endorsing the Permit Allocation and
executing the Implementation Agreement with the resources agencies
in order to be eligible to receive local streets and roads funds.
Funding which is not allocated to a city or the county because it is not
a participant in the TUMF program in the Coachella Valley area and the
TUMF and the MSHCP in the Western County area shall be allocated
to the Regional Arterial Program in the geographic area in which the
city or portion of the county is located.
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6. FUNDING FLEXIBILITY AND BONDING TO EXPEDITE PROJECTS
The Commission may make maximum use of available funds by temporarily
shifting allocations between geographic areas and transportation purposes.
However, the proportionate shares for areas and purposes over the 30-year
period may not be changed without an amendment of the Transportation
Improvement Plan as required by law. Shifts may not be made without
previous consultation with the affected agencies and two-thirds majority
approval of the Board of Commissioners.
The Commission may also use bonds to speed implementation of some
projects. Bonding will not be used without first determining that the benefits
of an accelerated program outweigh the additional cost of interest on
borrowing funds.
7. INFORMING THE PUBLIC OF LOCAL FUNDING SUPPORT
All state highway, commuter rail, and regional arterial projects using $1
million or more of sales tax revenues shall be signed to inform the public that
local voter approved revenues are being used to support the project.
8. SEVERANCE PROVISIONS
If any provision of this Transportation Improvement Plan is for any reason
held invalid and unenforceable by a court of competent jurisdiction, that
holding shall not effect the validity or enforceability of the remaining
provisions, and the Commission declares that it would have passed each part
of the Plan irrespective of the validity of any other part.