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COOPERATIVE AGREEMENT MU221-26
BETWEEN
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
AND
CITY OF SAN CLEMENTE
FOR
PHASE 2 OF THE OFFSHORE SAND SOURCE INVESTIGATION
THIS COOPERATIVE AGREEMENT (Agreement) is effective this _____ day of _____________ 20__, (“Effective Date”) by and between the Southern California Regional Rail Authority, 900 Wilshire Blvd, Suite 1500, Los Angeles, CA 90017 (hereinafter referred to as “AUTHORITY”), and the City of San Clemente, 910 Calle Negocio, San Clemente, California 92673, (hereinafter referred to as “CITY”), which are individually referred to as “PARTY”, and collectively referred to as “PARTIES”.
RECITALS:
WHEREAS, AUTHORITY 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 owned by the member agencies and through other shared use and joint operation agreement. The five-county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority (LA METRO), Ventura County Transportation Commission (VCTC), Orange County Transportation Authority (OCTA), San Bernardino County Transportation Authority (SBCTA), and Riverside County Transportation Commission (RCTC); and WHEREAS, CITY is a municipal corporation and general law city in Orange County, California, with jurisdiction over public rights-of-way within its boundaries; and WHEREAS, AUTHORITY is undertaking a Culvert Rehabilitation Project to protect the coastal railway infrastructure in San Clemente; and
Attachment 2
COOPERATIVE AGREEMENT MU221-26
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WHEREAS, CITY is engaged in Phase 2 of the Offshore Sand Source Investigation ("OSSI") Project (“PROJECT”) to identify potential offshore sand borrow sites for beach nourishment and coastal resiliency which is currently being funded by a grant from the California Coastal Commission; and
WHEREAS, the OSSI includes vibracore sediment sampling of priority offshore sites identified based on their proximity to the CITY and the likelihood of containing suitable beach-quality sand; and WHEREAS, the AUTHORITY agrees to provide supplemental funding up to the amount of $300,000 to support the CITY’s OSSI as a California Coastal Commission Coastal Development Permit Special Condition requirement (see Exhibit B) for the Culvert Rehabilitation Project; and WHEREAS, the PARTIES intend through this Cooperative Agreement to formally outline their respective roles, responsibilities, and commitments concerning the OSSI PROJECT; and WHEREAS, the AUTHORITY’s Chief Executive Officer (CEO) authorized this Agreement on this ____ day of __________________, 20__.
NOW, THEREFORE, it is mutually understood and agreed by the PARTIES as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings, and communications. The invalidity of other term(s) or condition(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein.
B. AUTHORITY’s failure to insist on any instance(s) of CITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver of relinquishment of AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and the CITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by COOPERATIVE AGREEMENT MU221-26
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an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
C. CITY’s failure to insist on any instance(s) of AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver of relinquishment of CITY’s right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the subjects and projects addressed herein. PARTIES agree that each will cooperate and coordinate with the others in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for PROJECT:
A. To designate a Project Manager as a single point of contact for PROJECT.
B. AUTHORITY will provide supplemental funding to support the PROJECT cost associated with the OSSI, described in Exhibit A. The total funding contribution by the AUTHORITY shall not exceed Three Hundred Thousand Dollars ($300,000) as approved by the AUTHORITY’s CEO.
C. SCRRA will reimburse CITY for actual costs and expenses incurred by the CITY in performance of required work in connection with the PROJECT up to Three Hundred Thousand Dollars ($300,000), see Exhibit B (Cost Reimbursement Requirements) and Exhibit C (Travel Expenses).
D. AUTHORITY will review the CITY’s progress reports quarterly and cost-to-complete updates, including a breakdown of actual expenditures to date, the percentage of work completed, COOPERATIVE AGREEMENT MU221-26
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forecasted remaining costs, and identification of any variances. These reports will be submitted in a format acceptable to AUTHORITY and will serve as the basis for reviewing and reconciling ongoing cash flow needs.
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for PROJECT:
A. Serve as the lead agency for the OSSI and manage the overall project, including the management of the chosen consultants and contractors, scheduling of vibracore sampling activities, and obtaining any necessary permits for conducting the offshore sediment sampling.
B. To designate a Project Manager as a single point of contact for PROJECT.
C. Ensure that the OSSI (including any additional sites funded by AUTHORITY under this Agreement) is carried out in accordance with the grant requirements of the California Coastal Commission and all applicable laws and regulations.
D. CITY shall deliver a copy of the final OSSI report (including findings from additional sites, if any) to the AUTHORITY upon completion.
E. Ensure that all necessary environmental reviews, permits, and approvals are obtained for the OSSI and any AUTHORITY-funded additional exploration. If the expansion to an additional site requires notification to or approval from any regulatory body, CITY will take the lead in securing such approval, with support from AUTHORITY as noted above.
F. Use funds provided by the AUTHORITY under this Agreement exclusively for the purpose of conducting the additional sand exploration activities contemplated by this Agreement.
CITY, or its consultant, shall track costs of such activities separately from the grant-funded portion of the OSSI.
G. CITY will submit final billing to AUTHORTIY within one hundred eighty (180) days after submitting written notice to AUTHORTIY that all PROJECT work has been completed. CITY’s invoices will detail charges and costs for the OSSI PROJECT.
H. When invoicing, CITY’s invoice or statement shall include allowable PROJECT costs COOPERATIVE AGREEMENT MU221-26
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incurred. The invoice or statement submitted by CITY shall be signed by an authorized agent who can duly certify the accuracy of the included information. CITY’s invoice shall include the following information required in Exhibit C and Exhibit D.
I. CITY agrees that the Contract Cost Principles and Procedures, 48 CFR, Chapter 1, Part 31 (Federal Acquisition Regulations) shall be used to determine whether individual items of cost are allowable. CITY also agrees to comply with requirements applicable to federal grantees in accordance with 2 CFR Part 200.
J. CITY will invoice AUTHORITY monthly by the 15th of each month. CITY will furnish information as may be requested by AUTHORITY to substantiate the validity of an invoice. To ensure prompt payment, CITY will submit an electronic copy of the invoice to [email protected]; and copy the Project Manager. Each invoice will include the following information:
1. Contract Number: MU221-26
2. Purchase Order number (if applicable)
3. Detailed description of the Services rendered
4. Time period covered by the invoice
5. Amount of payment requested
6. Additional information requested by the SCRRA (if applicable)
7. The parties will agree to a specific invoice format, which will reflect the nature and requirements of this Agreement prior to the first billing cycle under this Agreement. The format of invoice to be submitted is subject to change at the discretion of AUTHORITY.
ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to its Chief Executive Officer or designee; the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to its Chief Executive Office or designee; and the actions required to be taken by CITY in the implementation of this Agreement are delegated to its City Manager or designee.
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ARTICLE 6. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually agree that AUTHORITY’s maximum cumulative payment obligation hereunder shall be Three Hundred Thousand Dollars ($300,000). In no event shall the total amount paid for Services rendered by CITY exceed the sum of $300,000 for the total term of this Agreement unless this Agreement is amended by the Parties in writing.
In the event SCRRA should overpay the CITY, such overpayment will not be construed as a waiver of the AUTHORITY’s right to obtain reimbursement for the overpayment. Upon discovering any overpayment, either on its own or upon notice of the AUTHORITY, CITY will immediately reimburse AUTHORITY the entire overpayment. In the event CITY should underbill AUTHORITY, such underbilling will not be construed as a waiver of the CITY’s right to obtain reimbursement for the underbilling. Upon discovering any underbilling, either on its own or upon notice of the AUTHORITY, CITY will immediately bill AUTHORITY for the underbilled amount.
AUTHORITY 's obligation to pay for Services under this Agreement is contingent upon the availability of funding from which payment can be made. CITY’s ability to provide Services under this Agreement are wholly contingent upon AUTHORITY providing full reimbursement for all costs incurred. No legal liability on the part of AUTHORITY shall arise for payments unless funds are designated by AUTHORITY for such performance. AUTHORITY shall immediately notify CITY if it fails to appropriate or lacks funding to pay for the Services under this Agreement. Such notification shall occur in writing within 5 business days of knowledge of a potential or actual risk to payments for Services under this Agreement. CITY shall cease providing Services under this Agreement in the event AUTHORITY fails to make payment or notifies CITY of the lack of capacity to provide payment.
ARTICLE 7. AUDIT AND INSPECTION
AUTHORITY and CITY shall retain all accounting records pertaining to the PROJECT and shall open said accounting records to inspection and audit by representatives of AUTHORITY and CITY for a period of four (4) years following payment of any invoice, or until any on-going audit is COOPERATIVE AGREEMENT MU221-26
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completed. The above provision with respect to audits shall extend to and/or be included in contracts with CITY contractors.
ARTICLE 8. INDEMNIFICATION
A. To the fullest extent permitted by law, CITY shall defend (at CITY’s sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, member agencies, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (CITY’s employees included), for damage to property, including property owned, operated or maintained by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, by the negligent acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.
B. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.
ARTICLE 9. ADDITIONAL PROVISIONS
The AUTHORITY and CITY agree to the following mutual responsibilities:
A. Term of Agreement: This Agreement shall continue in full force and effect through December 31, 2026, or until PROJECT closeout, whichever is later, unless terminated earlier by mutual written consent by PARTIES.
B. Termination: In the event a PARTY defaults in the performance of their obligations, under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting PARTIES shall have the option to terminate this Agreement upon thirty (30) days’ prior written notice to the other Party.
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C. Termination for Convenience: Any PARTY may terminate this Agreement by providing thirty (30) days written notice of its intent to terminate for convenience to the other PARTIES.
D. Compliance: PARTIES shall comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.
E. Legal Authority: PARTIES hereto warrant that they are duly authorized to execute this Agreement on behalf of said PARTIES and that, by so executing this Agreement, the PARTIES hereto are formally bound to the provisions of this Agreement.
F. Amendments: This Agreement may be amended in writing at any time by the mutual consent of all PARTIES. No amendment shall have any force or effect unless executed in writing by all PARTIES.
G. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered, shall be deemed an original and all of which together shall constitute the same agreement. Facsimile, email and electronic signatures will be permitted.
I. Assignment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties, nor authority hereunder may be assigned in whole or in part by any PARTY without the prior written consent of the other PARTIES. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
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J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any PARTY to issue bonds, notes or other evidence of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law.
K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern hereunder.
L. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing PARTY.
M. Notices: Any notices, requests or demands made between the PARTIES pursuant to this Agreement are to be directed as followed:
To AUTHORITY: To CITY:
Southern California Regional Rail Authority City of San Clemente 900 Wilshire Boulevard, Suite 1500
Los Angeles, CA 90017
Attention: Janae Kuria
Railroad Civil Engineer II
Tel: 213.910.2179
Email: [email protected]
910 Calle Negocio
San Clemente, California 92673
Attention: Laura Campagnolo, City Clerk
and Leslea Meyerhoff
Tel: 760.845.8028
Email: [email protected]
[email protected]
N. Force Majeure: Any PARTY shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other PARTIES; when satisfactory evidence of such cause is presented to the other PARTIES, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not performing.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. MU221 to be executed as of the date of the last signature below.
CITY OF SAN CLEMENTE
By:
Andy Hall
City Manager
ATTEST:
By:
Laura Campagnolo
City Clerk
APPROVED AS TO FORM
By:
Elizabeth A. Mitchell
City Attorney
SOUTHERN CALIFORNIA REGIONAL
RAIL AUTHORITY
By:
Darren M. Kettle
Chief Executive Officer
APPROVED AS TO FORM
By:
Don O. Del Rio
General Counsel
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Exhibit:
EXHIBIT A – City of San Clemente Scope of Work: Phase 2 – Offshore Sand Source Investigation EXHIBIT B – Coastal Development Permit
EXHIBIT C – Invoice Requirements
EXHIBIT D – Travel Procedures For Contractors
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EXHIBIT A – CITY OF SAN CLEMENTE SCOPE OF WORK: PHASE 2 –
OFFSHORE SAND SOURCE INVESTIGATION
Metrolink/SCRRA Mitigation Funds will be used to support the Phase 2 scope of work for the Offshore Sand Source Investigation (OSSI). The contractor performing this work on behalf of the City of San Clemente (“CITY”) is Coastal Frontiers Corporation (“CFC”), which is currently under contract with the CITY. The additional funding required to complete Phase 2 of the OSSI is estimated by CFC to range from $720,000 to $1,080,000. This funding level would support a full and comprehensive offshore sand source investigation. However, the CITY currently has approximately $450,000 available (including Metrolink/SCRRA funds). As a result, CFC will be required to prioritize investigation sites unless additional funding is secured. The Phase 2 fieldwork program will commence as soon as practicable following execution of the agreement between the AUTHORITY and the CITY.
Proposed Phase 2 Exploration Plan
Phase 2 exploration for the OSSI is planned for 2026. The exploration plan for Phase 2 is guided by the findings of Phase 1 and consists of expansion of the sites explored during Phase 1 and first-time investigation of sites not included in Phase 1. The number of cores obtained at each site and the locations will depend on the findings in the field. Similarly, the actual number of areas explored will be dependent on field findings and available budget.
Table 1 summarizes the sites included in the Phase 2 exploration plan. The sites are mapped in Figure 1.
Table 1. Phase 2 Exploration Sites
Candidate Exploration Area Phase 1 Phase 2 Exploration
Surfside/Sunset 7 cores Additional Exploration +
Expanded Area
Huntington Beach Not Explored First Time Exploration +
Expanded Area
Santa Ana River 2 cores Additional Exploration +
Expanded Area
Dana Point 3 cores Not Included
Doheny Not Explored First Time Exploration
North Beach, San Clemente Not Explored First Time Exploration San Clemente South Not Explored First Time Exploration
San Mateo Point 4 cores Not Included
San Onofre State Beach (Agra) 15 cores Additional Exploration + Expanded Area
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Camp Pendleton (Las Pulgas) 1 core Additional Exploration + Expanded Area
Santa Margarita River Not Explored First Time Exploration
Figure 1. Phase 2 Candidate Exploration Areas
Water depths at the Phase 2 exploration sites range from about 30 to 65 ft, MLLW (outside the presumed depth of closure and within the practical depth limit for dredging operations). The sea bottom at the sites is believed to be comprised of sandy sediments. The sediments at the sites are anticipated to be free of chemical contaminants based on the open ocean location and geologic age of the material. The sites are devoid of obstructions such as artificial habitat, archeological sites/shipwrecks, and subsea pipelines or outfalls based on evaluation of NOAA navigation charts, NOAA Office of Coast Survey’s Wreck and Obstruction database, the NOAA National Geophysical Data Center (NGDC) database showing the predictive model for locating potential archaeological sites along the CA coast, and the CA State Lands Commission online GIS database.
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A vibracore sediment sampling program will constitute the principal component of the sand source investigation. Sediment cores will be obtained to determine the physical (grain size distribution) and chemical characteristics of the sediment at each candidate borrow site.
The field program will be conducted in a diagnostic manner, with real-time findings guiding the exploration within a given candidate exploration area and determining when to move to the next candidate exploration area. The exploration will commence with areas deemed promising during the Phase 1 exploration program. The general priority of exploration sites is shown in Table 2.
Table 2. Candidate Borrow Site Priority
Priority Candidate Borrow Site Distance from San Clemente Pier 1 San Onofre (Agra) 6.5 NM
2 Camp Pendleton (La Pulgas) 11.1 NM
3 Santa Ana River 19.8 NM
4 Huntington Beach 24.2 NM
5 Surfside-Sunset 28.3 NM
6 North Beach 1.3 NM
7 Doheny 2.9 NM
9 San Clemente South 1.6 NM
8 Santa Margarita River 14.5 NM
The total number of cores obtained during the field program, the number of cores at each site, and the locations of the cores at each site will depend on the findings in the field and available budget. Similarly, the actual number of areas explored will be dependent on field findings and available budget. No allotment has been made for weather downtime or downtime associated with damage to equipment due to conditions encountered.
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EXHIBIT B – COASTAL DEVELOPMENT PERMIT
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD., SUITE 300
LONG BEACH, CALIFORNIA 90802-4830
PH (562) 590-5071
WWW.COASTAL.CA.GOV
December 04, 2025
Permit Application Number: 5-24-0742
COASTAL DEVELOPMENT PERMIT
On November 5, 2025, the California Coastal Commission granted to Southern California Regional Rail Authority (SCRRA) this permit subject to the attached Standard and Special conditions, for development consisting of: Repair existing 8 ft. wide by 6 ft. tall by 30 ft. long reinforced concrete arch culvert at Mile Post (MP) 205.80 and replace 2 ft. wide by 22 ft. long reinforced concrete pipe (RCP) culvert with new 2 ft. by 22 ft. corrugated metal pipe (CMP) culvert at MP 207.20. The applicant also seeks authorization to retain unpermitted approximately 95 ft. long by 17 ft. wide rock revetment surrounding the culvert at MP 205.8. More specifically described in the application filed in the Commission offices.
The development is within the coastal zone within the Railroad Right-of-Way at Mile Posts 205.8 and 207.2, San Clemente, Orange County
Issued on behalf of the California Coastal Commission by Sincerely,
Kate Huckelbridge, PhD
Executive Director
Original on File signed by:
Emily Greer
Coastal Program Analyst
cc: Commissioners/File
ACKNOWLEDGMENT:
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof.
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The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part of that: “A Public entity is not liable for injury caused by the issuance… of any permit…” applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE
PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a).
Date: ___________________ Signature _____________________________ STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS:
1. Mitigation for Impacts to Sand Supply and Public Access. WITHIN 120 DAYS OF APPROVAL OF THIS COASTAL DEVELOPMENT PERMIT, to offset the impacts to coastal resources associated with unpermitted development of shoreline protection, the applicant shall submit a mitigation plan for the review and written approval of the Executive Director. The mitigation plan must outline SCRRA’s commitment to fund $300,000 toward Phase 2 of the City of San 12/8/2025
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Clemente’s offshore sand source investigation project. Phase 2 of the City’s offshore sand source investigation project is designed to complete exploration of four sampling sites including: San Onofre State Beach (Agra), Camp Pendleton (Las Pulgas), Santa Ana River, and Huntington Beach. If Phase 2 of the City’s sand source investigation project does not commence within one year from the date of approval of this permit (i.e., by November 5, 2026), the applicant shall submit a CDP amendment to redirect the funds to an entity approved by the Executive Director, for the purpose of mitigating lost beach values, including public access and recreational values, and funds from the account shall be used to aid in the provision, restoration or enhancement of these values (including but not limited to public access improvements, recreational amenities, and/or beach creation through sand nourishment or property acquisition) in the coastal zone of the City of San Clemente. The Executive Director may extend the aforementioned deadline for good cause if the Permittee requests an extension of the deadline in writing prior to expiration of the deadline.
The permittee shall undertake development in accordance with the approved plan. Any proposed changes to the approved plan shall be reported to the Executive Director. No changes to the approved plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director provides a written determination that no amendment is legally required.
2. Nesting Bird Monitoring and Avoidance Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and written approval, a Nesting Bird Monitoring and Avoidance Plan that shall include but not be limited to the following provisions:
If project activities must occur during bird nesting season (February 1 through August 31), a qualified biologist, with experience conducting bird surveys, shall survey for active nests within 72 hours prior to commencement of project activities, and once a week thereafter during construction, to detect any such activity within 500 ft. of the project area. If an active songbird nest(s) is located within 300 ft. of construction activities (500 ft. for raptors), the qualified biologist shall halt construction activities to enable the applicant to employ best management practices (BMPs) to ensure that construction activities do not disturb or disrupt nesting activities. Noise levels at active nest sites must not exceed 65 dB unless a noise study has determined that ambient noise in the immediate area exceeds that level. If this is the case, noise levels at the nest site must not exceed the ambient noise level measured. Noise reducing BMPs may include using alternative equipment, equipment noise buffering, sound blankets, etc. Alternatively, construction activities and schedules may be adjusted to avoid active nest areas until the respective young birds have fledged. Unrestricted construction activities may resume when no active nests remain in the
December 04, 2025
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construction area. Results of nesting bird surveys, ambient noise surveys, and any follow-up construction avoidance measures shall be documented in monthly reports by the qualified biologist and submitted to the Coastal Commission Executive Director throughout the bird breeding season.
3. Material/Design Specifications for Visual Resource Protection. PRIOR TO ISSUANCE OF THIS PERMIT, the applicant shall submit detailed plans, for the review and approval of the Executive Director, which show that all exposed surfaces of the approved culverts, headwalls, and wingwalls, shall be designed to include, or mimic, the native materials and appearance of the natural environment.
4. Riveria Beach Access Pathway. By acceptance of this permit, the applicant agrees that the Riveria Beach access culvert at MP 205.80 shall remain open for pedestrian access during weekends of the summer period between Memorial Day Weekend and Labor Day during construction. No closures of this access pathway during weekends of this timeframe shall be allowed unless the Commission approves an amendment to this permit, or the Executive Director provides a written determination that no amendment is legally required.
5. Culvert Duration of Approval
a. Culvert Authorization Period. This coastal development permit authorizes the subject culverts to remain until the time when the currently existing railroad: A) is no longer present or becomes abandoned, unless it is demonstrated that the culverts are still required for adequate drainage; or B) no longer requires a culvert drainage device, whichever occurs first.
Prior to the anticipated expiration of the permit and/or in conjunction with redevelopment of the property, the Permittee shall apply for a permit amendment to remove the culverts or to modify the terms of authorization. b. Culvert Modifications. If, during the term of this authorization, the Permittee desires to expand or alter the subject culverts, the Permittee shall apply for an amendment to this coastal development permit. If approved, additional mitigation may be required for the potential impacts of the enlarged or reconstructed culverts on landform alteration, geologic and shoreline processes, and all other affected coastal resources that have not already been mitigated through this permit will be addressed and required at that time.
6. Rock Revetment Future Coastal Resource Impact Mitigation.
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Coastal Development Permit
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a. Authorization Period. This CDP accounts for mitigation of coastal resource impacts due to the rock revetment for the eight years it was on the beach without a permit and the first 20 years from the date of the approval of this Permit (i.e., until November 5, 2045). If the Permittee (or any subset thereto) intends to keep the armoring in place after November 5, 2045, such Permittee must submit a complete CDP amendment application prior to that time that analyzes the continued need for armoring, the feasibility of less coastal resource impactful alternatives, and any necessary and/or desired project modifications.
b. Coastal Resource Impact Mitigation. If the information in the CDP amendment application demonstrates that the mitigation plan approved under this permit will not sufficiently mitigate for the adverse coastal resource impacts associated with the retention of the armoring beyond the preceding 20-year period, additional mitigation may be required. Similarly, if the Permittee applies for a separate CDP or an amendment to this CDP to modify the armoring, or to perform repair work affecting 50 percent or more of the armoring, such Permittee shall be required to provide additional commensurate mitigation for the impacts of the enlarged or redeveloped armoring on public views, public recreational access, shoreline processes, environmentally sensitive habitat area (ESHA), and all other affected coastal resources that have not already been mitigated through this CDP.
7. Storage of Construction Materials, Mechanized Equipment, and Removal of Construction Debris. The permittee shall comply with the following construction-related requirements:
a. No demolition or construction materials, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion; b. All debris resulting from demolition or construction activities shall be removed from the project site within 24 hours of completion of the project; c. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters;
d. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day;
e. The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction; f. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the Coastal Zone, a coastal development permit or an amendment to this permit shall be
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Coastal Development Permit
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required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required; g. The applicant shall use plastic-free netting or no netting in a temporary erosion and sediment control BMPs.
h. The use of temporary erosion and sediment control products (such as fiber rolls, erosion control blankets, mulch control netting, and heavy-duty silt fences) that incorporate plastic netting shall be prohibited, to minimize wildlife entanglement and plastic debris pollution. Only 100% biodegradable (not photodegradable) natural fiber netting shall be allowed. i. All stockpiles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil; j. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems;
k. The discharge of any hazardous materials into any receiving waters is prohibited;
l. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff.
The area shall be located as far away from the receiving waters and storm drain inlets as possible;
m. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction-related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on-set of such activity; and
n. All BMPs shall be maintained in a functional condition throughout the duration of construction activity.
8. Other Agency Approvals. PRIOR TO COMMENCEMENT OF DEVELOPMENT, the Permittee shall submit to the Executive Director written evidence that all approvals have been granted by all other applicable agencies, including at a minimum the California Department of Fish and Wildlife (CDFW), the Regional Water Quality Control Board (RWQCB), U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service, California State Parks, and the California State Lands Commission, or evidence that no such authorizations are required from each of these entities. The Permittee shall inform the Executive Director of any changes to the project required by any other authorizations. Any such changes shall not be incorporated into the project until the Permittee obtains an
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Coastal Development Permit
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amendment to this CDP, unless the Executive Director determines that no amendment is legally required.
9. Assumption of Risk, Waiver of Liability and Indemnity. By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from landslides, tsunami, flooding, sea level rise, erosion and wave uprush; (ii) to assume the risks to the permittee and the property that are the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission’s approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards.
10.Future Revetment Maintenance. The permittee shall maintain the existing revetment in its approved state. Any change in the design of the revetment or future additions or reinforcement of the revetment, beyond exempt maintenance as defined in Section 13252 of Title 14 of the California Code of Regulations to restore the structure to its original condition, will require a coastal development permit or amendment. However, in all cases, if after inspection, it is apparent that repair and maintenance is necessary, the permittee shall contact the Executive Director to determine whether a coastal development permit or an amendment to this permit is legally required, and, if required, shall subsequently apply for a coastal development permit or permit amendment for the required maintenance.
The applicant agrees to remove (or deposit on the revetment) any debris, rock, or other materials from the beach which become dislodged after completion of the approved project through weathering, wave action, settlement or other action, on an as-needed basis and as soon as feasible after discovery, subject to the permitting requirements listed above.
11.No Future Seaward Extension of Shoreline Protective Device. By acceptance of this permit, the applicant agrees, on behalf of themselves and all successors and assigns, that no future repair or maintenance, enhancement, reinforcement, or any other activity affecting the existing rock revetment shall be undertaken if such activity extends the footprint seaward of the existing revetment. By acceptance of this permit, the applicant waives, on behalf of themselves and all successors and assigns, any rights to such development that may exist under Public Resources Code Section 30235.
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Coastal Development Permit
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12.Public Rights. By acceptance of this CDP, the Permittee acknowledges and agrees, on behalf of themselves and all successors and assigns, that the Coastal Commission’s approval of this CDP shall not constitute a waiver of any public rights that may exist on the affected property, and that the Permittees shall not use this CDP as evidence of a waiver of any public rights that may exist now or in the future.
COOPERATIVE AGREEMENT MU221-26
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EXHIBIT C – INVOICE REQUIREMENTS
INVOICE REQUIREMENTS
Southern California Regional Rail Authority
Invoice Support Requirements
(Must be provided in a comprehensive PDF document)
1. Consolidated Invoice (may contain multiple Projects/Work Directives)
2. Summary of expenses by Project that tie to Invoice total (as in #1)
3. Summary of Project expenses by the five expenditure categories listed (a.- e.) with subtotals tying to Project total summary of expenses (as in #2)
4. Detailed expense breakdown with proper support for the five expenditure categories and which tie out to subtotals (as in #3)
a. Labor Charges: Payroll hours broken out by employee which tie to summary sheets. Labor charges need to be substantiated by proper time keeping records including:
i. Employee Timesheets
ii. Certified payroll
iii. Payroll registers
b. Travel Charges:
i. Detailed expense report
ii. Breakdown of all charges, validation that amounts claimed do not exceed GSA per diem rates:
https://www.gsa.gov/travel/plan-book/per-diem-rates
iii. Itemized receipts (employees, vendors, and their subcontractors must comply)
1. Original itemized receipts are required for all expense reimbursements related to registration, flights, lodging, transportation, meals, and incidental expenses. iv. If mileage reimbursement, maps with total miles to and from location
1. Reimbursement for the use of personal vehicles shall be based on actual mileage, supported by beginning and ending destination points, and utilizing the mileage rates established by the Internal Revenue Service.
v. SCRRA Signed travel pre-approval authorization form
c. Equipment, Material, and Supplies Charges:
i. Receipts or invoices
ii. Breakdown of employees, rates, and hours charged for/on equipment used d. Other Direct Costs:
i. Receipts or invoices, ensure that all support properly substantiates costs e. Subcontractor Charges:
i. Subcontractor Project invoice(s)
ii. Summary of expenses by Project by the expenditure categories (as applicable, and must conform to above stated detailed requirements for:
1. Labor Charges
2. Travel Charges
3. Equipment, Material, and Supplies Charges
4. Other Direct Costs
*Any revisions or adjustments to invoices must be properly documented and reconciled to original invoices.
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EXHIBIT D – TRAVEL PROCEDURES FOR CONTRACTORS
TRAVEL PROCEDURES FOR CONTRACTORS
Rev 4.0, 04/05/2023
SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 2
TABLE OF CONTENTS
A. Auto Mileage............................................................................................................................. 3 B. Air Travel .................................................................................................................................. 3 C. Foreign Travel .......................................................................................................................... 4 D. Accommodations...................................................................................................................... 4 E. Meals........................................................................................................................................ 6 F. Telephone Usage ..................................................................................................................... 7 G. Parking and Ground transportation.......................................................................................... 7 H. Non-Allowable Expenses ......................................................................................................... 7 SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 3
TRAVEL PROCEDURES FOR CONTRACTORS
All SCRRA projects, Capital, State of Good Repair (SGR) and Operational are supported with some form of federal and/or state funding. Therefore, whichever regulations or statutes are the stricter, these are the guidelines we must all follow to get our invoices paid/reimbursed by Grantors.
The guidelines contained in this document are general guidelines for determining allowable costs, and any program-specific guidelines take precedence over what is identified in this document.
Before you incur a cost, that you are unsure is allowable, reach out to your SCRRA Project Manager to get you an answer.
Disallowed costs are those charges to Federal or State Award that the awarding agency or passthrough entity determines to be unallowable, in accordance with the applicable federal & state statutes, regulations, or the terms and conditions of the Award.
If travel is authorized by the Authority to be reimbursed, it will be reimbursed in accordance with the Federal Travel Regulation contained in 41 Code of Federal Regulations (CFR), Chapters 300 through 304. Rates will not exceed the General Services Administration (GSA) Per Diem rates (https://www.gsa.gov/travel/plan-book/per-diem-rates). Reimbursements will be based on itemized receipts. All receipts will include an itemized listing supported by copies of the original receipts, invoices, expense accounts and miscellaneous supporting documents.
If travel is being charged to the Authority whether to Los Angeles or from Los Angeles to other locations, it must be approved in writing in advance by the Authority’s Project Manager. A completed Travel Request and Authorization (TRA) Form is required for all travel with a justification memo indicating the purpose of travel submitted to the Project Manager prior to travel.
Time for travel will not be reimbursed.
A. Auto Mileage
Auto Mileage, if using personal automobile, will be reimbursed at the IRS mileage rate. Travel to SCRRA facility within the five county areas will not be reimbursed. Travel between SCRRA facility to SCRRA worksite/right-of-way will be reimbursed at the IRS mileage rate.
B. Air Travel
Air fares will be reimbursed based on the most direct route at coach class travel rates. Upgrading (coach to a higher class) of airline tickets will only be reimbursed when pre-approved, and only when the business schedule required immediate travel at a time when higher class accommodations are the only accommodations available. Downgrading (exchange) of airline ticket where the Contractor receives financial or personal gain is not permitted. If a trip is postponed, reservations should be canceled immediately.
Travel arrangements should be made as early as possible (preferably three weeks in advance of travel date) to take advantage of advanced reservation rates. The Authority does not pay for air travel insurance.
Non-reimbursable Airfare:
SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 4 • Flights above the lowest economy fare, including incremental ticket costs to obtain frequent flyer benefits
• Use of flight miles or credits to upgrade
• Extra fees for seat selection
• Fees for more than one (1) checked luggage
• Fees for in-flight internet, unless specific business need and pre-approved by SCRRA • Travel booking fees
C. Foreign Travel
For foreign travel, the Foreign Travel Approval (FTA) Form must be completed by the traveler to request grant authorization prior to routing any other forms.
It is the traveler’s responsibility to give a minimum of 30-day notice for SCRRA to obtain grantor approval and ensure compliance with applicable regulations for the specified funding source.
Travel to be reimbursed through Federal or State Grants shall not exceed the General Services Administration (GSA) Per Diem rates for the city of domestic travel or the Department of State Per Diem rates for the city of foreign travel. All amounts over the maximum Per Diem allowance will require identification of a non-Grant funded project where the overages will be charged.
Foreign currency exchange rates are on the day the transaction(s) were completed. (example:
one week of travel would have more than one rate applied) Itemized receipts are required for all expense reimbursements.
D. Accommodations
The Authority will reimburse hotel room fees at room rate not-to-exceed the General Services Administration (GSA) Per Diem rates (https://www.gsa.gov/travel/plan-book/per-diem-rates).
All hotel bills/folios must be itemized and show proof of payment.
Per Diem Rate does not include taxes and is the maximum. These are guidelines, not allowances.
Non-reimbursable Lodging:
• Expenses without itemized receipts or proof of payment. • Lodging expenses over the GSA Per Diem Rate for the city of travel • Incidental expenses which are defined as fees and tips given to porters, baggage carriers and hotel staff
• Internet access at hotels, unless due to a specific business need (requires pre-approval from SCRRA)
• Personal expenses such as personal care items, movies, and health club fees. (See examples below)
SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 5 SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 6 E. Meals
All receipts must be itemized. Per Diem rates includes taxes and tips and are maximum guidelines, not allowances. Gratuities cannot exceed 15%. The first and last day of travel will be subject to a maximum of 75% of the Per Diem Rate. The cost of the traveler’s necessary meals shall be reimbursed at actual costs, not to exceed the General Services Administration (GSA, https://www.gsa.gov/travel/plan-book/per-diem-rates) Per Diem Rate listed for the applicable city.
Itemized receipts such as credit card receipts or cash register tape are required for all meals in order to be reimbursed. The Authority will not pay for alcoholic beverages.
SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 7 F. Telephone Usage
Expenses for telephone usage should be included in the Contractor’s overhead rate and will not be reimbursed separately.
G. Parking and Ground transportation
Public transportation should be used whenever possible; however, if necessary, rental car expenses including gas will be reimbursed for authorized travel only. The Contractor’s employees will rent the lowest automobile classification appropriate for the size or purpose of the group using the vehicle.
1-2 Travelers Compact
3 Travelers Medium/Intermediate
4-5 Travelers Full Size/Standard Equipment
6+ Travelers Van
Contractor’s employees must fuel rental automobiles prior to turn-in as rental companies normally add a large service charge to fuel costs.
Contractor’s employees should take advantage of “Early Bird Parking” whenever possible.
Parking expense incurred while conducting Authority business is reimbursable.
Transportation related to toll charges incurred while on Authority business is reimbursable.
H. Non-Allowable Expenses
The Authority will not provide any reimbursement for expenses that are unallowable per 48 CFR Part 31.2 (FAR) or that could be perceived as lavish or excessive, as such expenses are inappropriate for reimbursement by a public agency. Expenses that are not reimbursable include, but are not limited to:
• Expenses without itemized receipts.
• Alcoholic beverages.
• Meal expenses over the GSA or Department of State Per Diem Rate for the city of travel. • Flights above the lowest economy fare.
• Extravagant transportation charges, such as limousines. • Incremental airline ticket costs to obtain frequent flyer benefits. • Policy allows for the extra charge of one piece of luggage. For travelers requesting reimbursement for more than one bag, a justification must be attached. The justification must state why the traveler must pay for extra luggage (such as computer, presentation handouts, tradeshow exhibits, etc.) for a documented business-related purpose, and can demonstrate that the additional cost is solely for the benefit of the State. • Travel expenses incurred during personal time, prior to or after completion of Authorityrelated business. • Vehicle rental and leases – no additional insurance, only compact/sub compact level vehicles. If upgraded to a higher-level vehicle but charged for a compact due to rental company availability it must be noted by the rental company on the agreement. • Gratuities of more than 15%.
• Fines for parking citations or moving violations.
SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 8 • Personal banking fees including, but not limited to, ATM fees and currency exchange charges.
• Late fees or penalties incurred on a corporate or personal credit card • Personal expenses, such as: personal care items, movies, laundry and health club fees. • Policy exceptions not pre-authorized.
Prepared by: SCRRA-FIN/Bloes, SCRRA-CP/Kastrisianakis
Approved by: SCRRA CFO/Hackett on 4-4-2023
Note: Thank you for following the above guidelines. If you have any questions or need further guidance, please address them to the Project Manager or the Contract Administrator assigned to your contract with SCRRA/Metrolink.