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07 July 15, 2019 Technical Advisory Comments are welcomed by the Commission. If you wish to provide comments to the Commission, please complete and submit a Speaker Card to the Clerk of the Board. MEETING AGENDA Technical Advisory Committee Time 10:30 a.m. (PLEASE NOTE TIME) Date July 15, 2019 Location Coachella Valley Association of Governments 73710 Fred Waring Drive – Conference Room 115 (PLEASE NOTE LOCATION) Palm Desert, CA 92260 COMMITTEE MEMBERS Lori Askew, City of Calimesa Armando Baldizzone, City of Blythe Chad Blais, City of Norco K. George Colangeli, PVVTA John A. Corella, Cathedral City Victor A. Duran, SunLine Transit Agency Jesse Eckenroth, City of Rancho Mirage Tom Garcia, City of Palm Desert Christopher Gray, WRCOG Remon Habib, City of Lake Elsinore Jeff Hart, City of Beaumont Jonathan Hoy, City of Coachella William Hemsley, City of Eastvale Steve Loriso, City of Jurupa Valley Martin Magana, CVAG – Vice Chair Chris Mann, City of Canyon Lake Bryan McKinney, City of La Quinta Bob Moehling, City of Murrieta Farshid Mohammadi, City of Riverside - Chair Joel Montalvo, City of Palm Springs Habib Motlagh, Cities of Perris and San Jacinto Nelson Nelson, City of Corona Daniel Porras, City of Desert Hot Springs Patricia Romo, County of Riverside Ken Seumalo, City of Indian Wells Jonathan Smith, City of Menifee Patrick Thomas, City of Temecula Art Vela, City of Banning Alberto Vergel De Dios, Caltrans District 8 Robert Vestal, City of Hemet Kristin Warsinski, Riverside Transit Agency Timothy T. Wassil, City of Indio Michael Wolfe, City of Moreno Valley Dan York, City of Wildomar RIVERSIDE COUNTY TRANSPORTATION COMMISSION TECHNICAL ADVISORY COMMITTEE MEETING AGENDA* *Actions may be taken on any item listed on the agenda. TIME: 10:30 A.M. (PLEASE NOTE TIME) DATE: July 15, 2019 LOCATION: Coachella Valley Association of Governments Conference Room 115 (PLEASE NOTE LOCATION) 73710 Fred Waring Drive Palm Desert, CA 92260 In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal Transit Administration Title VI, please contact the Clerk of the Board at (951) 787‐7141 if special assistance is needed to participate in a public meeting, including accessibility and translation services. Assistance is provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements can be made to provide assistance at the meeting. 1. Call to Order 2. Self-Introductions 3. Approval of May 20, 2019 Minutes 4. Public Comments (This is for comments on items not listed on agenda. Comments relating to an item on the agenda will be taken when the item is before the Committee.) 5. Caltrans Interim Active Transportation Program (ATP) County Methodology Guidance - Emily Abrahams (Call-in With Attachment) 6. Long Range Transit Plan (LRTP) Update (Verbal Presentation) 7. 2020 State Transportation Improvement Program (STIP) Update (Attachment) 8. Inland Empire Corridor Plan Update (Verbal Presentation) 9. Federal Obligation Update (Attachment) 10. Caltrans Update (Attachment) 11. July Commission Meeting Highlights (Verbal Presentation) ▪ Innovative Financing Opportunities (Attachment) ▪ 2019/2029 Western Riverside County Highway Delivery Plan (Attachment) Technical Advisory Committee Meeting July 15, 2019 Page 2 ▪ Countywide Transportation Improvement and Traffic Relief Plan and Ordinance (Attachment) ▪ Coachella Festival Special Events Train Platform Development Project (Attachment) 12. Other Announcements 13. Other Business 14. Adjournment The next meeting will be September 16 in Riverside at 10:00 a.m.. Interim ATP Count Methodology March 2019 Page 1 of 14 INTERIM COUNT METHODOLOGY GUIDANCE FOR ACTIVE TRANSPORTATION PROGRAM (ATP) This Interim Count Methodology Guidance (Interim Guidance) is intended to guide ATP applicants and project awardees in meeting the minimum expectations for conducting volume counts, surveys, and evaluation requirements for active transportation projects funded through the Active Transportation Program (ATP). These instructions are labeled INTERIM to acknowledge that more research, feedback, collaboration, and documentation is needed to: 1) determine the number and location of field counts that should be required for varying project types; and 2) estimate the total number of active transportation users within specified project limits based on limited field counts. To this goal, the Active Transportation Resource Center (ATRC) is exploring options for developing more expansive statewide guidance for evaluation of ATP funded projects. This interim guide covers the following five topics that represent central steps to ensure that ATP applicants and awardees provide consistent and uniform project-volume data in their applications and in subsequent project progress and completion reports: 1. Determining the Type of Count Data Collection Needed Page 3 2. Determining the Number of Count Locations Needed Page 4 3. Selecting Count Locations Page 7 4. Conducting Pedestrian and Bicycle Counts Page 9 5. Estimating the Total Volume within the Project Limits Page 11 The Interim Guidance provided here should be considered for all new ATP project applications and for all ATP-funded projects that have not yet completed the collection of data for evaluation of their projects. Recognizing the vast range of evaluation and data collection techniques that exist for collecting data on bicycle and pedestrian trips, agencies wishing to utilize methodologies that do not conform to these standards should secure approval of their methodology from the Caltrans ATP Office prior to initiating data collection efforts. Interim ATP Count Methodology March 2019 Page 2 of 14 1. Determining the Type of Count Data Collection Needed The ATP currently funds infrastructure, non -infrastructure, and planning project types, as well as projects that combine infrastructure and non-infrastructure strategies. While these project types necessitate different ways to collect the data, all projects are required to collect the necessary count data so that Caltrans can report on the impact of ATP investments in relation to the ATP’s legislated goals and the California Transportation Commission’s SB 1 Accountability Requirements. Table 1 summarizes the preferred type of volume data that is needed for each project type. For projects that include infrastructure and non -infrastructure components a combination of data collection strategies should be used. As shown in Table 2, for Safe Routes to School (SRTS) and community/jurisdiction-wide non- infrastructure projects, obtaining field counts is not considered an ideal methodology for project evaluation purposes. Instead, project-specific surveys and/or modeling may be more appropriate. If an agency believes an alternative method of data collection would be more suitable, it must have its methodology approved by the Caltrans ATP Office prior to beginning their data collection. For Planning projects, obtaining “Before/After” counts will not show any meaningful difference in volumes until the plan is implemented. Therefore, agencies awarded for Planning projects must only conduct one set of counts (“Before” for future projects) which can help set a baseline for future evaluation. Planning projects should use the Community Wide/Jurisdiction Wide Non-Infrastructure guidance in Table 1. SRTS Plans should use the SRTS NI guidance in Appendix A. A variety of methodologies exists for collecting volume counts (Please see a list of references at the end of this guidance). Common methods include screenline counts, intersection counts, student travel tallies, and parent and/or community-wide surveys. In addition, within a particular methodology there are often many varieties of counting. For example, screenline counts can be completed manually, by video, using automated technologies, etc. Surveys can be administered online or in-person. This Interim Guidance provides standard expectations for volume counts for each type of ATP project type. This Interim Guidance seeks to follow national best practices and to accommodate existing regional pedestrian and bicycle count practices across California. Interim ATP Count Methodology March 2019 Page 3 of 14 Count Data Collection Methods (Table 1) ATP Project Types Recommended Count Type Alternative Count Type Method Duration Method Duration Infrastructure Corridor OR Infrastructure Intersection (Including SRTS Infrastructure projects) Automated 24 Hour Manual Count from Video 24 Hour One Week Manual In-field Counts Peak Period 2 Hour Weekday (T,W,TH) 7 – 9 AM 4 – 6 PM and Saturday 11 AM - 1 PM* Safe Routes to School Non- Infrastructure Class Room Student Travel Tallies (at each school in project)** Two Days for Tallies Automated or Manual Volume Counts (Per Infrastructure Recommendations) Community Wide/ Jurisdiction Wide Non- Infrastructure Surveys/ Modeling (Requires Caltrans Approval) Variable Automated or Manual Volume Counts (Per Infrastructure Recommendations) *For manual counts, it is recommended that counts be taken on three consecutive days plus weekends. However, resources may not always permit this level of data collection. If resources do not permit the full data collection, one weekday am/pm peak + one Saturday count will suffice. ** See Appendix A for details on the Student Travel Tallies. Interim ATP Count Methodology March 2019 Page 4 of 14 2. Determining the Number of Field Count Locations Needed Active Transportation Program projects vary greatly in size, shape, and type, and each of these variables directly impacts the number, location, and types of data collection efforts that are necessary to measure project success. There are well-established common practices for conducting the physical active transportation field counts (as discussed in the following sections) but little state or national guidance exists on how to determine the number and location of field counts necessary to establish reliable estimations of the total number of active transportation users within a specified project limit. The goal of this Interim Guidance is to establish a minimum number of count locations for the widely varying ATP project types that accounts for both the limited resources available to conduct counts and the need for developing reliable user estimates for ATP reporting. This document establishes interim guidance on this topic with the understanding that it can be adjusted as more research, feedback, and data becomes available. While this Interim Guidance acknowledges that the minimum “number” of counts is being intentionally constrained to reduce the burden on agencies implementing ATP projects, there is also an expectation that projects seeking larger amounts of ATP funding are expected to provide higher levels of ‘before vs. after’ project evaluation data. Therefore, this guidance requires larger ATP projects to provide more field count locations. For projects that include both infrastructure and non-infrastructure components, a combination of data collection strategies should be used, however, the combined count requirements could produce an unintended burden on the agency. If an agency believes this applies to their project, they must have their methodology for the total number of count locations/types approved by Caltrans ATP Office prior to beginning their data collection. The following tables provide simple, high-level guidance to ATP applicants and project implementers when determining the required/recommended evaluation to determine project success for either Infrastructure (Table 2) or Non-Infrastructure (Table 3) projects. . Interim ATP Count Methodology March 2019 Page 5 of 14 Data Collection Requirements for Infrastructure Projects (Table 2) ATP Infrastructure Project Types* Minimum Required # of count locations Alternative Minimum Required # of count locations Small Infrastructure Projects (Total Project Cost less than $1.5M) 1 0.10 * Total Centerlane Miles of Project Medium Infrastructure Projects Multiple Corridors/Intersections and Networks (Total Project Cost between $1.5M and $7M) 1 per two Corridors or Intersections 0.10 * Total Centerlane Miles of Project Large Infrastructure Projects Multiple Corridors/Intersections and Networks (Total Project Cost greater than $7M) 1 per Corridor or Intersection 0.10 * Total Centerlane Miles of Project *Includes SRTS Infrastructure Projects Data Collection Methodology for Non-Infrastructure Projects (Table 3) ATP Non-infrastructure Project Types Minimum Required # Alternative Minimum Required # Safe Routes to School Projects 1 Set of Tallies*/School N/A Community/ Jurisdiction Wide Survey** Modeling** *See Appendix A for details on the Student Travel Tallies. **Survey and modeling methodologies should be reviewed and approved by Caltrans prior to data collection. The following four examples demonstrate the wide variety of ATP Infrastructure projects. With each of these example projects, the number and location of field counts necessary to establish reliable estimations of the total number of active transportation users within the project limits would vary. Interim ATP Count Methodology March 2019 Page 6 of 14 Example 1: $1M total project cost (Small) • Only 1 field count is required • Conduct count at intersection with highest number of expected users. Example 2: $2M total project cost (Medium) • 4 corridors = 2 field counts are required • Conduct counts at locations with highest number of expected users. Example 4: $10M total project cost (Large) • 5 bike corridors, 7 intersections, 9 sidewalks = 5-9 field counts are required • Ideally counts would be taken at locations where data could be collected on both modes to reduce the total number of required counts. ( depicts a count location) Example 3: $1.4M total project cost (Small) • Only 1 field count is required • Conduct count at a location with highest number of expected users. Interim ATP Count Methodology March 2019 Page 7 of 14 3. Selecting Field Count Locations Knowing that the number of active transportation field-counts for ATP project applications is constrained, it is critical that applicants carefully select the most effective locations for their limited counts. There is no set formula for determining the best count locations, but instead there are some generally accepted best practices that need to be combined with the project implementer’s knowledge and judgement of the project limits. The following National Bicycle and Pedestrian Documentation (NBPD) Project criteria are recommended for short-duration (week long or peak period) counts: • Locations where pedestrian and bicycle activity is high (downtowns, near schools, parks, etc.) to increase accuracy; • Representative locations in urban, suburban, and rural locations; • Key corridors that can be used to gauge the impacts of future improvements; • Locations where counts have been conducted historically; • Locations where ongoing counts are being conducted by other agencies through a variety of means, including videotaping; • Gaps, pinch points, and locations that are operationally difficult for bicyclists and pedestrians (potential improvement areas); • Locations where either bicycle and/or pedestrian collision numbers are high; and • Select locations that meet as many of the criteria as possible. In the case of ATP projects, the following should also be considered: • For corridors where a single count is being conducted, it should be centrally located along the corridor or at a location where volumes are expected to be high; • For networks, counts should be spread throughout the network in varying land uses, on varying roadway types, and in locations where future improvements are expected ; • For long corridors, multiple count locations will improve the accuracy of user volume estimations. Additional guidance on siting count locations can be found in the following resources: • 2016 FHWA Traffic Monitoring Guide (TMG) (Chapter 4): https://www.fhwa.dot.gov/policyinformation/tmguide/tmg_fhwa_pl_17_003.pdf • Nation Cooperative Highway Research Program (NCHRP) 797 – Guidebook on Pedestrian and Bicycle Volume Data Collection (Chapter 3): https://www.nap.edu/catalog/22223/guidebook-on-pedestrian-and-bicycle-volume- data-collection • Washington State Department of Transportation – Collecting Network-wide Bicycle and Pedestrian Data: A Guidebook for When and Where to Count (Chapter 4): https://www.wsdot.wa.gov/research/reports/800/collecting-network-wide-bicycle-and- pedestrian-data-guidebook-when-and-where • SCAG Active Transportation Database (Creating a Count Program): https://atdb.scag.ca.gov/Pages/Tutorials.aspx For Safe Routes to School (SRTS) Infrastructure projects, there should be at least one count at each school served by the project. Count location (s) should be conducted along the improved route where volume is expected to change. As previously noted, SRTS non-infrastructure Interim ATP Count Methodology March 2019 Page 8 of 14 projects instead of field-counts, agencies can work with local school administrators to administer in-classroom Student Travel Tallies to determine the number of students walking to and from school (Please see Appendix A). Interim ATP Count Methodology March 2019 Page 9 of 14 4. Conducting Pedestrian and Bicycle Counts: In an effort to create consistency for ATP applications/projects in how counts are conducted and the resulting data, this Interim Guidance establishes baseline requirements for counts and recommends that all fields-counts be consistent with Southern California Association of Governments (SCAG) Active Transportation Database. Agencies not wishing to use SCAG’s methodology and database should follow the guidance in the Federal Highway Administration 2016 TMG and/or The NCHRP Report 797 (listed on page 7 as well as in the Reference section). All of these best practices will impact the resulting count data and are required to be followed for ATP projects: a) General consistency for all methods a. All counts should happen six months before the project is implemented and again six months after it is completed. If this timeframe would make item b below impossible, the agency should receive approval for an alternative date. Agencies are encouraged but not required to conduct additional counts two years after the project has been completed, to allow projects to come to “maturity.” b. Before and after counts are to be collected at the same location on the same days of the week, the same time(s) of day, and the same week of the year. This will reduce the chances of variability due to seasonal or daily changes in travel behavior. c. If inclement weather or another constraint is present, counts should be rescheduled to the next possible day that is the same day of the week. For example, if the count was expected to take place on a Tuesday-Thursday- Saturday during the second week of July, and it rained, the count should be rescheduled for the Tuesday-Thursday-Saturday in the third week of July. d. Consistency related to location, time of year and weather conditions is extremely important and should be planned for prior to initiating data collection. b) Consistency in tracking and recording data in before and after counts : a. Counts should be consistent with the 2016 TMG format. i. In basic terms this means that directionality (flows) and the mode of travel should be captured for each facility being measured. For example, a typical screenline count on a two way street with sidewalks would have four facilities (two sidewalks and either two bikeways or two general travel lanes) and a minimum of eight mode/direction combinations. This assumes only bikes and pedestrians are counted. If wheelchairs and other wheeled devices are captured there would be sixteen combinations. SCAG’s Active Transportation Database is consistent with this methodology. Agencies interested in using SCAG’s methodology and storing their data in the database should contact atdb@scag.ca.gov to discuss coordination. ii. Alternatively, aggregate information can be gathered for a location for all facilities in each direction for each mode/direction combination. This method is usually used for trails or with manual counts using paper tally sheets to reduce the complexity for the counter. Interim ATP Count Methodology March 2019 Page 10 of 14 b. Counts should be conducted at the lowest level of aggregation possible. Typically for automated counters, this can be done with timestamps for each bicyclist or pedestrian. SCAG’s mobile Bike Ped Counter application also allows for timestamped data for each record. For manual counts, data should be aggregated into 15 minute increments or bins. fifteen (15) minute bins are also acceptable for automated counters. c. Manual Counts: i. For manual screenline counts, SCAG has developed a paper count form and a mobile application that can be used to count locations: https://atdb.scag.ca.gov/Pages/Tutorials.aspx. As noted above, agencies can use other formats if they conform to Federal Highway Administration 2016 TMG and/or The NCHRP Report 797. ii. For manual intersection counts, NCHRP 797 (pg. 119-120) should be consulted and a 12 movement method should be used to capture entry and exit of each bicyclist and pedestrian. Agencies can use other formats if they conform to the TMG standards. iii. User data such as helmet use, gender, and age should be captured if and when possible. iv. Data should be collected for a minimum of six hours at each location including the AM, PM, and weekend peak hours. Ideally, counts would be taken on three consecutive weekdays or for a continuous 12 hours to provide more accurate measurements. d. Automated Counts: i. Automated Counts should be completed for a minimum of 24 hours per day for one week. ii. A variety of technologies and methods currently exist for collecting both bicycle and pedestrian counts. Please see references at the end of this document that include recommendations on technology types. c) Safe Routes to School Non-Infrastructure a. Appendix A has additional guidance for conducting student travel tallies. b. If the project only spans one school year, tallies should be taken on the same day of the week on days with similar temperature and weather conditions. d) Community wide/ Jurisdiction wide Non-Infrastructure a. Surveys should include a statistically significant sample size for the population being surveyed. Special care should be taken to make sure significance levels can be met for smaller demographic or user groups within the study population . b. Surveys can utilize in-person or electronic methods, but implementers should consider how the target community will access the platform and resource the effort accordingly. This may require paid staff to conduct surveys in person. c. Modeling efforts should be conducted in partnership with county and regional planning organizations whenever possible. d. The use of big data will be considered by Caltrans on a case by case basis until final guidance on this topic can be developed. Agencies wishing to use big data sources should secure prior approval. Interim ATP Count Methodology March 2019 Page 11 of 14 5. Estimating the Total Volume (Number of Users) within the Project Limits: Once the actual field-count data has been collected (manual or automated or surveys), the final step in the ATP reporting process is to estimate the total number of active transportation users within the proposed project limits. For the Active Transportation Program, the units for a project’s total number of users are to be in Daily Pedestrian Trips and Daily Bicycle Trips For this Interim Guidance, the priority has been to establish a consistent, repeatable approach for estimating the total number of users for the individual ATP projects. Due to time constraints, less priority has been given to provide guidance on determining numeric-accuracy of the resulting total number of users. In this guidance, the number of factors and the complexity of the adjustment calculations are again being intentionally constrained. This ATP guidance breaks the calculation process into two parts: 1. Average Daily Volume Per Segment/Intersection: o For locations with partial-day field counts, convert them into an estimation of the “Daily Trips.” ▪ This will require daily automobile travel patterns or average daily traffic patterns for the segment or intersection. • If data for the location is not present, the agency should use similar data from a nearby location for developing the ratios. ▪ A ratio should be developed for the count hours that have been taken over the average total automobile traffic for the day. ▪ The ratio should be applied to the bicycle and pedestrian data to estimate an average daily bicycle and pedestrian volume. ▪ Use this number in Step 2. o For locations with 24 hour count data, average the Monday-Friday volumes to create a Weekday Volume Estimate. Use this number in Step 2. o Repeat for each segment/intersection. 2. Total Project Volume: o If only one segment or intersection exists, use the number from step 1. o If multiple intersections exists, sum the numbers from each corridor segment or sum the numbers from each intersection. o If a project includes both intersection and corridor counts, choose one type of counts and sum the numbers from Step 1. o If the project includes segments or intersections that were not counted, use estimates from a similar location where counts were taken. Document each location where this occurred. A similar location would include similar traffic volumes, land uses, densities, etc. Interim ATP Count Methodology March 2019 Page 12 of 14 Appendix A – Interim SRTS NI Count Guidance This guidance addresses minimum standards for evaluation data collection for ATP Safe Routes to School Non-Infrastructure awardees. All ATP applicants and awardees must do the necessary advanced preparation to ensure pre- and post-project data collection protocols meet the following requirements for each school targeted by the project or covered under the umbrella of the project for a school district/region-wide project: • Utilization of the National Center for Safe Routes to School (NCSRTS) Student Travel Tally form and protocol OR utilization of an existing regional or local Student Travel Tally form that captures student travel mode data similar to the NCSRTS tool. NCSRTS forms and an online data management system is available, free of charge, at http://saferoutesdata.org. Please check with your MPO to see if an alternate form may be available. • Administration of the Student Travel Tally on two (2) separate days within the same we ek. • Consistent timing of pre-project implementation (‘Before’) data collection: o Within six (6) months prior to the implementation of the first ATP public education, encouragement or enforcement activity, and o Within the regular school year. • Consistent timing of post-project implementation (‘After’) data collection: o Within six (6) months after the completion of the last ATP public education, encouragement, or enforcement activity; o Within the regular school year; and, if possible, o Within the same month and roughly the same days during which the ‘Before’ data collection occurred. ATP awardees that conducted Student Travel Tally counts as part of their ATP application may be able to use that data for their ‘Before’ count reporting requirem ents if the standards meet the standards above and were conducted within a year of the program’s initial education, encouragement, or enforcement activity start date. Agencies must verify this allowance with the Caltrans ATP NI Program Manager and will need to document this information as part of their ATP reporting requirements. ATP applicants and awardees must submit tally summary reports for each school and/or aggregate reports that combine data from multiple schools as part of their applications and/or project reporting requirements. Additional assistance on meeting the data collection requirements is available from the Active Transportation Resource Center by emailing atsp@cdph.ca.gov. Interim ATP Count Methodology March 2019 Page 13 of 14 (Appendix A continued) Overview of the Safe Routes to School Evaluation Data System In 2006, the National Center for Safe Routes to School (NCSRTS) (www.saferoutesinfo.org) developed a centralized data collection and reporting system to evaluate the uptake of the Federal SRTS Program. Use of the NCSRTS Data System has the potential to save valuable ATP resources by eliminating the need for ATP SRTS NI awardees to design their own data collection process. This system is available online at http://saferoutesdata.org/. Use of the data system is free for participating SRTS practitioners. The NCSRTS’ Data System allows local, regional, and state SRTS partners to enter/view data from a standardized Student Travel Tally form. The system can generate summary reports to make it easy to share findings about walking and biking rates for students. Overview of NCSRTS Student Travel Tally form The Student Travel Tally form captures how students get to and from school over a few days (Tuesday – Thursday) in a given week. This form requires an in- class hand-raising protocol to collect data and a prepared individual to count and record the data on either electronic or paper form. The NCSRTS Student Travel Tally demonstrates high test-retest reliability and validity with parental responses. More information is available here: https://activelivingresearch.org/reliability-and-validity- safe-routes-school-parent-and-student-surveys ATP applicants/awardees must register for an account at http://saferoutesdata.org to use the NCSRTS Data System. The NCSRTS has prepared a helpful resource entitled, Navigating the Data System 2.0, to assist data system users with getting started: http://saferoutesdata.org/downloads/SafeRoutesData_NavigatingtheDataSystem_2.0.pdf Additional support is available by contacting: data@saferoutesinfo.org Additional tips from the NCSRTS for Working with Schools (http://guide.saferoutesinfo.org/evaluation/ways_to_collect_information.cfm ) Data collection will require close coordination with the school. Schools may have rules about collecting information from students. Data collection will require time and commitment from teachers, school staff, and administrators in order to be successful. Please consider the tips in this guidance. Interim ATP Count Methodology March 2019 Page 14 of 14 References 2016 FHWA Traffic Monitoring Guide (TMG) (Chapter 4): https://www.fhwa.dot.gov/policyinformation/tmguide/tmg_fhwa_pl_17_003.pdf Nation Cooperative Highway Research Program (NCHRP) 797 – Guidebook on Pedestrian and Bicycle Volume Data Collection (Chapter 3) https://www.nap.edu/catalog/22223/guidebook-on-pedestrian-and-bicycle-volume-data- collection Washington State Department of Transportation – Collecting Network-wide Bicycle and Pedestrian Data: A Guidebook for When and Where to Count (Chapter 4): https://www.wsdot.wa.gov/research/reports/800/collecting-network-wide-bicycle-and- pedestrian-data-guidebook-when-and-where SCAG Active Transportation Database (Creating a Count Program): https://atdb.scag.ca.gov/Pages/Tutorials.aspx Agenda Item 9F RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: July 10, 2019 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Shirley Medina, Planning and Programming Director THROUGH: Anne Mayer, Executive Director SUBJECT: 2020 State Transportation Improvement Program Funding Distribution and Draft Fund Estimate BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve the 2020 State Transportation Improvement Program (STIP) funding distribution among the three geographic areas in Riverside County per the adopted STIP Intracounty Memorandum of Understanding (MOU). BACKGROUND INFORMATION: The STIP is a five-year program of projects administered by the California Transportation Commission (CTC). It is updated every two years outlining the commitment and programming of transportation funds for the State’s multimodal transportation system including highways, rail, transit, local roads, and bike and pedestrian facilities. In June of every odd year, Caltrans is required to prepare a draft STIP Fund Estimate (FE) that estimates how much funding will be available for programming for the next five-year period. The CTC will release the 2020 STIP FE at its June 26, 2019 meeting. The 2020 STIP will cover fiscal years (FY’s) 2020/21 through 2024/25. Each STIP cycle adds on two years with most of the programming capacity available in the last two years. STIP funds are allocated into two broad programs – the Regional Improvement Program (RIP) receives 75 percent of the total STIP funds, and the remaining 25 percent is directed to Caltrans for its Interregional Transportation Improvement Program. The 75 percent RIP funding is further subdivided by formula into county shares. County shares are available solely for projects nominated by regional agencies. The 2020 STIP FE also establishes funding levels for the State Highway Operation and Protection Program, which Caltrans prepares in consultation with the regions. STIP Intracounty Formula Distribution Per the Commission’s STIP intracounty formula distribution, STIP funds are allocated to Western County, Coachella Valley, and Palo Verde Valley based on the most recent fiscal year taxable sales by geographic area used for Measure A allocations. The geographic area percentages of taxable 66 Agenda Item 9F sales applied to the 2014 through 2020 STIPs demonstrates a growing trend in Western County compared to Coachella and Palo Verde Valleys: Geographic Area 2014 STIP 2016 STIP 2018 STIP 2020 STIP Western County 75.17% 75.76% 77.30% 78.12% Coachella Valley 24.12% 23.54% 22.11% 21.45% Palo Verde Valley 0.71% 0.70% 00.59% 00.43% Per the STIP Intracounty distribution formula, each geographic area will receive funding based on the above percentages. In addition, STIP guidelines allow up to 5 percent of RIP funding for planning, programming, and monitoring (PPM) activities. However, the Commission’s policy is to set aside 2 percent for PPM activities to fund Project Study Reports, planning, and staff costs associated with STIP funding and programming. PPM funding is available for CVAG and Commission activities. Draft 2020 STIP Fund Estimate On June 25, 2019, CTC staff released the Draft 2020 STIP Fund Estimate (FE), which identified county share targets for each region in the state. Unfortunately, the FE is lower than anticipated. New programming capacity statewide is $490,426,000, and the county share target for Riverside County is approximately $10,220,000. CTC staff indicated that the programming capacity is only available in the last two years of the 2020 STIP cycle, FYs 2023/24 and 2024/25. The table below reflects the 2 percent off the top for PPM activities, and the amounts for each geographic area, per the Commission’s STIP MOU Intracounty formula distribution. Draft 2020 STIP FE – Riverside County Share Target Total Riverside County Share $ 10,220,000 Less: 2 percent PPM 204,400 Total New Project Programming $ 10,015,600 Western County 78.12 percent $ 7,824,187 Coachella Valley 21.45 percent $ 2,148,346 Palo Verde Valley 00.43 percent $ 43,067 2020 STIP Project Selection Process Western Riverside County Western Riverside County projects are nominated by staff. Recommendations for current and new projects for STIP funds will be considered and based on the 2019-29 Delivery Plan, consistency with Measure A, and other high priority projects approved by the Commission. Per the funding distribution for Western County, $7,824,187 is available. An additional $50 million is also available for programming resulting from the Commission’s action to advance the I-15 67 Agenda Item 9F Express Lanes Southern Extension project. The CTC approved the Commission’s AB 3090 Replacement request, which allowed the $50 million of STIP originally programmed through the 2018 STIP cycle to be reprogrammed to another project. Staff will be recommending the reprogramming of the $50 million in STIP funds either through a STIP amendment or as part of the 2020 STIP cycle. Coachella Valley and Palo Verde Valley The Coachella Valley Association of Governments (CVAG) nominates its projects and notifies Commission staff for final concurrence and submittal to the CTC. Per the funding distribution for Coachella Valley, $2,148,346 is available for programming. Staff will review the programming process and timeline with CVAG staff and present CVAG’s recommended projects to the Commission for inclusion in the 2020 STIP submittal. The funding available for Palo Verde Valley is $43,067. Palo Verde Valley projects are nominated by the city of Blythe (Blythe); however, given the minor amount of funding and complexity in processing these funds, the Commission and Blythe have executed MOUs in past STIP cycles trading Palo Verde Valley STIP funds with Measure A Western Riverside County Highway funds. The city of Blythe is required to include the STIP traded funds in its Measure A Local Street and Roads Capital Improvement Plan. Upon CTC’s adoption of the 2020 STIP in March 2020, staff will move forward with preparing the 2020 STIP MOU with Blythe. Status of Current 2018 STIP Programming The current 2018 STIP projects for Riverside County include the following environmental, right of way, and construction phases as follows: 2018 STIP – Riverside County (Approved by CTC in March 2018) Agency Project Phase FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 Total STIP Temecula I-15/French Valley IC C $47,600,000 $47,600,000 Caltrans/ RCTC SR-60 Truck Climbing/ Descending Lanes C $31,555,000 31,555,000 RCTC/ CVAG PPM C $668,000 $1,800,000 $971,000 3,439,000 Riverside County Avenue 66 Grade Separation C $6,130,000 6,130,000 CVAG CV Link, Phase 1 C 18,655,000 18,655,000 RCTC/ Lake Elsinore I-15/Railroad Canyon IC C 2,920,000 2,920,000 *RCTC I-15 Express Lanes Southern Extension E 50,000,000 50,000,000 Totals $38,353,000 $21,575,000 $49,400,000 $971,000 $50,000,000 $160,299,000 *AB 3090 Replacement project TBD C=Construction E=Environmental IC=Interchange PPM=Planning, Programming, and Monitoring 68 Agenda Item 9F Projects in FY 2018/19 from the above table have been allocated with the exception of the Avenue 66 Grade Separation, which will be allocated in August 2019. Projects programmed in FY 2019/20 are expected to be allocated as scheduled. Projects programmed in FY’s 2020/21 and 2021/22 will be reviewed for carryover into the 2020 STIP. The CTC approved an AB 3090 replacement project for the I-15 Express Lanes Southern Extension, as the Commission approved moving forward with the environmental document phase using federal funds. The replacement project will be selected as part of the 2020 STIP development. The CTC will adopt the Final STIP FE at its August 14-15, 2019 meeting. There is a possibility that the Final FE will differ from the Draft FE; therefore, staff will report any changes at the September Commission meeting. The 2020 STIP submittal is due to the CTC by December 15, 2019. CTC adoption of the 2020 STIP is scheduled for March 2020. There is no fiscal impact to the Commission related to the adoption of the 2020 STIP funding distribution. 69 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: July 15, 2019 TO: Technical Advisory Committee FROM: Jenny Chan, Management Analyst SUBJECT: Obligation Delivery Plan Update – FFY 2018/19 STAFF RECOMMENDATION: Receive and file. BACKGROUND INFORMATION: As the Regional Transportation Planning Agency (RTPA), RCTC is responsible for ensuring that federal Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Block Grant (STBG) funds apportioned to Riverside County are allocated and obligated in a timely manner to prevent funds from lapsing. Federal Obligation Authority (OA) for the region is provided on an annual basis and has to be used in the Federal Fiscal Year (FFY) it is provided. The Commission’s goal is to ensure that 100 percent of its OA is obligated. RCTC works closely with our local agencies and Caltrans to ensure projects on the Obligation Delivery Plan are obligated and delivered. Many of these projects are from the 2013 Multi -Funding Call for Projects, 2013 Regional Surface Transportation Program (RSTP a.k.a STBG) Call for Projects, CVAG’s 2014 CMAQ Call for Projects, and various other projects that had been awarded CMAQ or STBG funds by the Commission. The attached obligation plan provides an outline of the projects that have CMAQ or STBG programmed in FFY 2018/19. The information provided in the attached obligation plan comes from milestone updates received from your agencies, discussions with project sponsors, and our monthly meetings with local assistance. It is recommended you begin your federal-aid process as soon as possible, and/or devote the resources needed to secure the federal approvals for obligation, ensuring the timely obligation of the federal funds. In the attached FFY 2018/19 Obligation Plan, these are the planned CMAQ and STBG obligations for the current year. If you anticipate a delay in obligating these funds this year, please notify RCTC staff with a project status update. It is critical that local agencies awarded federal funds meet the milestones established to ensure local OA does not lapse. RCTC will be reviewing agreement dates and contacting agencies that have made little to no progress to discuss alternatives for the federal award. RCTC staff is available to assist cities with the processing of the RFA submittals and the overall navigation through the federal-aid process. Attachment: Draft FFY 2018/19 Obligation Plan   LOCAL ASSISTANCE UPDATES July 2019     JULY UPDATES    New Caltrans Website  On Friday, June 28th, Caltrans launched a new and improved website with enhanced accessibility. Site  visitors will experience:   A unified look and feel   Responsive design for mobile devices   Compatibility with assistive technologies   Enhanced Google search engine   Improved navigation   Streamlined access to most valued content    The Division of Local Assistance can now be found under Programs off the new Caltrans page.  Scroll down  to Local Assistance.  Or, go directly to the new Local Assistance page (https://dot.ca.gov/programs/local‐ assistance).     Please note that all Local Assistance subpage addresses have changed due to the new website platform.  Existing links that point to previous subpage addresses will result in a “Content Not Available” message.  If you cannot find what you are looking for or have questions, please contact DLA.Webmaster@dot.ca.gov  or your District Local Assistance Engineer.    New Disaster Declaration for July 4th & 5th Ridgecrest Earthquakes   On July 4th, 2019, the Governor proclaimed a State of Emergency within Kern County due to the  magnitude 6.4 earthquake centered near the City of Ridgecrest.  Then, on July 5th, 2019, the Governor  issued a second proclamation to include San Bernardino County in the proclaimed disaster area due to the  a 7.1 magnitude earthquake that struck in the same locality soon after the first proclamation was made.    Complete a draft of the attached IDE and e‐mail it to ER Coordinator, Esayas Hagos, by COB Monday (July  15th, 2017).  The IDE form is only expected to help Local Assistance get a very rough initial assessment of  the locations and magnitude, in dollars, of the disaster damage.  Therefore, this submittal of the IDE is a  very rough draft.  We know the list of candidate projects will fluctuate as locations are added to, or  dropped from the list.  We also recognize costs will change as local agencies refine their cost estimates  later on.  The local agencies will have ample opportunities to make these updates and changes in the near  future.    Also, we recommend the impacted local agencies to contact their local CalOES representative to report, or  continue to report, their disaster damages from this proclaimed event.      You will find attached, in addition to the IDE, pages of the DAF submittal form and the Benefit/Cost  Analysis form (used to justify betterments) attached for your convenience.    If you have questions, please contact D8 ER Coordinator, Esayas Hagos at (909)383‐1836  (Esayas.hagos@dot.ca.gov).    2  2019 Earmark Repurposing   Another round of earmark repurposing is beginning. To be eligible for repurposing, an earmark must have  been designated on or before September 30, 2008, and must be either:   Less than 10 percent of earmark funds obligated, or   Completed and closed if more than 10 percent earmark funds are obligated  To receive repurposed earmark funds, a project will need to be eligible for the Surface Transportation  Block Grant Program, and be within 50 miles of the original earmark location.    For updated earmark lists, information, links, and instructions visit our Earmark Repurposing webpage.    https://dot.ca.gov/programs/local‐assistance/projects/earmark‐repurposing    Design Guidance  Seismic Design Code (SDC) v2.0.   Effective September 1, 2019 all ordinary bridges that have not completed the type selection phase  shall be designed in accordance with Caltrans Seismic Design Code Version 2.0 (SDC v2.0).   All projects that have completed the type selection phase before September 1, 2019 shall have  the option to either continue using the SDC version approved at the time of the type selection  phase or may use SDC 2.0 at the discretion of the local agency.    All LBSRP (Local Bridge Seismic Retrofit Program) and Highway Bridge Program (HBP) voluntary  seismic projects shall use the SDC which was current at the time of the approved Strategy  Meeting.   If the approved strategy for the preceding seismic projects was bridge replacement or the bridge  was programmed as replacement in the HBP it will follow the guidance for the type selection  phase.  2018 Standard Plans and Specifications   Projects with NEPA cleared after September 30, 2019 must use the 2018 Standard Plans and  Specifications (SPS).  Projects with NEPA clearance prior to September 30, 2019 may use the 2018  SPS or the version at the time of clearance at the discretion of the local agency.  Manual for Assessing Safety Hardware (MASH) for roadside safety hardware devices   California Department of Transportation (Caltrans) adopted an implementation schedule whereby  bridge railings on projects on the State Highway System advertised on or after October 31, 2019,  must comply with MASH criteria for all new permanent installations and full replacements.  All  local agency administered federal‐aid transportation projects will follow the same criteria.  Local  projects off the State system may use Caltrans MASH approved or MASH approved railings by  other states or agencies.   Projects advertised prior to October 31, 2019 may use MASH approved rails, or NCHRP, or  Caltrans approved rails.  Refer to the following links for more details: http://www.localassistanceblog.com/2019/05/23/updated‐ design‐guidance/    Grant Opportunity: Advanced Transportation and Congestion Management  Technologies Deployment Initiative  Department of Transportation     |      DOT Federal Highway Administration  The NOFO is the fourth annual solicitation for the ATCMTD program seeking applications from eligible  entities to develop model deployment sites for large scale installation and operation of advanced  transportation technologies to improve safety, efficiency, system performance, and infrastructure return  on investment.  FHWA intends for these model technology deployments to help demonstrate how  emerging transportation technologies, data, and their applications can be effectively deployed and  integrated with existing systems to provide access to essential services and other destinations.    Eligibility: To be selected for an ATCMTD award, an applicant must be an eligible applicant. Eligible  applicants are State or local governments, transit agencies, metropolitan planning organizations (MPO)  representing a population of over 200,000, or other political subdivisions of a State or local government  (such as publicly owned toll or port authorities), or a multijurisdictional group or consortia of research  3  institutions or academic institutions.(23 U.S.C. 503(c)(4)(N)). Partnership with the private sector or public  agencies, including multimodal and multijurisdictional entities, research institutions, organizations  representing transportation and technology leaders, or other transportation stakeholders, is encouraged.  Typically, a consortium is a meaningful arrangement with all members involved in planning the overall  direction of the group’s activities and participating in most aspects of the group; the consortium is a long‐ term relationship intended to last the full life of the grant. Any application submitted by a sole research or  academic institution and that is not part of a consortium will not be considered for selection.    Application Deadline: July 19, 2019  https://www.grants.gov/web/grants/view‐opportunity.html?oppId=316761      REMINDERS     End of FFY E‐76 Deadline  The E-76 deadline is established to provide each area (District, HQ, and FHWA) with enough time to process any outstanding E-76s before the FFY ends. Traditionally, FMIS is shutdown the last full week of September. So accounting for District, HQ, and FHWA review times, local agencies must submit their E‐76s  by COB Friday, July 26, 2019.     Take note that inactive projects will not be processed an obligation of funds, unless the agency gets an  invoice paid. Last year FHWA rejected several obligation requests at the last minute because the projects  were inactive, so, in an effort to be proactive and avoid this occurring again, please examine the inactive  and future inactive list and submit future/inactive invoices as soon as possible.    https://dot.ca.gov/programs/local‐assistance/projects/inactive‐projects    2016 Earmark Repurposing Deadline   All Repurposed Earmark funds from the 2016 effort must be obligated on or before September 30, 2019.  On that date, all unobligated repurposed balances will lapse.    To assure processing of Requests for Authorization’s (RFA) and allow for review and issuance of E‐76  approvals through Caltrans and FHWA, agencies are recommended to submit RFA’s to their appropriate  District Local Assistance Engineer before July 1, 2019. If your agency has not submitted an E‐76 to obligate  all 2016 Repurposed Earmarks funds, please contact your Area Engineer/Planner immediate and submit  the E‐76 as soon as possible.    A spreadsheet titled “2016 Repurposed Earmark Funds Expiring by 09/30/2019” can be found on our 2016  Earmark Repurposing page and lists the Repurposed Earmarks by District and Sponsor with the remaining  funds that require obligation. The spreadsheet will continue to be updated through the federal fiscal year.    https://dot.ca.gov/programs/local‐assistance/projects/earmark‐repurposing/earmark‐repurposing‐2016    Inactive Projects   Caltrans Division of Local Assistance, Office of Project Implementation‐South, through District Local  Assistance Engineer (DLAE), provides guidance and support to Local Agencies in managing the inactive  projects, and participate in the quarterly review with FHWA.    In response to FHWA's Guidance, the Department is going to manage Inactive Projects as follows:    1. If the Department does not receive an invoice for more than six months, the project will be  posted on the Department's website.  2. If the Department does not receive an invoice in the next five months (11 months without  invoicing), the Department will work with local agency to provide proper justification for inactivity  4  (causes beyond the control of the agency such as litigation, unforeseen utility relocations,  catastrophic events that delay the project or unforeseen environmental concerns) and  establishing time frame for invoicing.  3. Project obligation could be removed by FHWA if local agency does not provide proper justification  or invoice within specified and agreed upon timeframe.  4. It is the Local Agencies responsibility to work in collaboration with their respective District Local  Assistance Engineers (DLAEs) to ensure their projects are invoiced timely.  Inactive project listing is posted below and will be updated weekly.    https://dot.ca.gov/programs/local‐assistance/projects/inactive‐projects    Policy Update: Office Bulletin 19‐01 (DLA‐OB 19‐01), HBP Project Delivery Policy (issued  April 25, 2019)    In an effort to better utilize the Highway Bridge Program (HBP) funds, new policy changes regarding  existing projects has been approved by the Local HBP Advisory Committee.  This Policy is for programmed projects to address funds and delivery management. The intent is to  maximize the use of funds and to have project delivery a high priority for HBP projects. The HBP Advisory  Committee has recommended these policy changes to the DLA regarding delivery expectations of  programmed funds.    https://dot.ca.gov/‐/media/dot‐media/programs/local‐assistance/documents/ob/ob19‐01.pdf    District 8, Local Assistance Mailing Address  When sending mail to District 8, Local Assistance, please ensure to direct your mail to:    District Local Assistance Engineer  Division of Planning, Local Assistance  464 West 4th Street, 6th Floor, MS 760  San Bernardino, CA 92401      TRAININGS    A&E Oversight Training  The California Local Technical Assistance Program (LTAP) Center is hosting Architectural and Engineering  (A&E) Oversight Training in multiple locations throughout the state over the next few months. Caltrans,  District 8 will be hosting the A&E Oversight Training at the Highland Police Station (26985 Base Line, San  Bernardino, CA  92346) on August 8, 2019. This training focuses on Chapter 10 of the Local Assistance  Procedures Manual (LAPM) and provides an overview of step‐by‐step procedures that local agencies must  follow to procure A&E contracts.    Specific topics include:   Procurement Planning   Full & Open Competition   Qualifications‐Based Selection   Cost is Fair & Reasonable   Contract Execution  There is no cost to this training. All classes are from 9am to 4pm.  To register please visit: http://californialtap.org/index.cfm?pid=1077     Save the Date:   Southern California Local Assistance Management Meeting (SCLAMM)  5  Hosted by District 12   Date: September 11, 2019   Time: 9:00a.m. – 3:00p.m.   Location: Caltrans, District 12 TMC   Address: 6681 Marine Way, Irvine, CA 92618 (Room 242/243)  More information to be provided at a later date.    RSVP by August 28, 2019   Email: Mirna.beshaytadrous@dot.ca.gov  Please provide: your name, title, agency, office phone number, and email.    TRB STR Final 50 Feet  The Transportation Research Board (TRB) has released a series of recordings that explore how cities may  strategically manage the final 50 feet of the urban goods delivery system. In each video, after a brief  introduction, the presenters identify key findings on commercial vehicles loading and unloading at curbs  and alleys in dense urban areas. They also discuss research outcomes for the final 50 feet and how this  research is being used to inform new developments.     The videos are available on‐demand at TRB STR Final 50 Feet Vimeo page:  https://vimeo.com/showcase/6055818    Bridge Preservation Video from FHWA  The Federal Highway Administration (FHWA) released a video on Bridge Preservation that explains bridge  preservation activities and which ones qualify for Federal funding.    https://www.youtube.com/watch?v=E8xHWtTkVOI&feature=youtu.be    Agenda Item 11 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: July 10, 2019 TO: Riverside County Transportation Commission FROM: Future Funding Initiatives Ad Hoc Committee SUBJECT: Innovative Financing Opportunities FUTURE FUNDING INITIATIVES AD HOC COMMITTEE RECOMMENDATION: This item is for the Commission to: 1) Authorize staff to continue to develop a plan of finance for the 2019-2029 Western County Highway Delivery Plan (Delivery Plan) eligible projects that includes, but is not limited to, the issuance of RCTC 91 Express Lanes surplus toll revenue bonds; 2) Adopt as Commission policy that priority shall be given to Delivery Plan-supporting projects for programming of federal Congestion Mitigation and Air Quality (CMAQ) designated for the South Coast Air Basin, and Surface Transportation Block Grant (STBG) funds; 3) Authorize staff to pursue legislation that amends the Commission’s authorizing statutes to extend the eligible use of RCTC 91 Express Lanes surplus toll revenues east to the 60/91/215 interchange and south on I-15 to SR-74; and 4) Approve the reimbursement of all or a portion of the Measure A investment in the 91 Project that was not previously financed as an eligible use of surplus toll revenues. BACKGROUND INFORMATION: At its January 31 Annual Workshop, the Future Funding Initiatives Ad Hoc Committee (FFI Committee) was tasked with making a recommendation regarding innovative financing of RCTC 91 Express Lanes revenues for the purpose of accelerating currently-unfunded transportation improvements. The Commission used innovative financing approaches in the original financing structures for its two express lanes projects and significant Measure A contributions: • SR-91 Corridor Improvement Project (2013) – $1.3 billion project financing included $174 million of current interest and capital appreciation toll revenue bond proceeds and a $421 million federal Transportation Infrastructure Finance and Innovation Act (TIFIA) loan secured by toll revenues, state funds comprised of $2 million from State Transportation Improvement Program and $37 million from State-Local Partnership Program, $501 million of Measure A sales tax revenue bond proceeds, Measure A contributions exceeding $170 million, and $6 million of investment earnings; and 272 Agenda Item 11 • I-15 Express Lanes Project (2017) – $471 million project financing included $152 million of toll revenue bonds consisting of a TIFIA loan secured by toll revenues, state funds comprised of $110 million from federal CMAQ and STBG, $114 million of Measure A sales tax revenue bond proceeds, $94 million of Measure A contributions, and $1 million of investment earnings. Additionally, the Commission provided contingent Measure A funds of up to $56.5 million to provide a TIFIA debt service reserve and support operations and maintenance as well as debt service. The toll revenue debt (toll revenue bonds and TIFIA loans) for each project will be repaid by future tolls collected through the Commission’s operation of the respective express lanes for each project. The Commission’s authority to collect tolls extends 50 years after opening of each facility, which is at least 15 years beyond the final maturities of the toll revenue debt. State legislation authorizing the Commission to develop and operate the express lanes requires that surplus toll revenues (after operations and maintenance costs, debt repayment, repair and rehabilitation expenses, and reserves/other funds) be spent on transportation projects in the corridor from which the revenues were generated. For the purposes of expending surplus toll revenues, the legislation defines the SR-91 corridor as between the Riverside/Orange County line and I-15. The entirety of the I-15 corridor within Riverside County is eligible for expenditure of I- 15 Express Lanes surplus revenue. Multimodal improvements are eligible on each corridor. The RCTC 91 Express Lanes opened in March 2017 with performance exceeding initial expectations. A December 2018 update of the original investment grade traffic and revenue study forecast approximately $926 million more in RCTC 91 Express Lanes toll revenue than the original study. Given the current financial success of the RCTC 91 Express Lanes, the Commission has an opportunity to use future anticipated toll revenues to accelerate transportation improvements within and related to the SR-91 corridor. DISCUSSION: Innovative Financing Structure The significance of surplus toll revenues is important to evaluate now, as this opportunity may influence the project prioritization strategy for the Delivery Plan and the potential for a new local funding measure. It is important to note that not all surplus toll revenue will be available to invest in new transportation projects. The Commission must share a portion of any surplus revenues with the federal government to prepay the TIFIA loans. Each TIFIA loan has a unique repayment structure as negotiated between the Commission and the U.S. Department of Transportation. For instance, on the 91 Project, 100 percent of the surplus toll revenue is distributed to the Commission through December 1, 2021. Thereafter, 50 percent of the surplus toll revenues are allocated to TIFIA to prepay the TIFIA loan and 50 percent to the Commission. 273 Agenda Item 11 Financing based on the Commission’s share of surplus toll revenues has required legal research by the Commission’s general/TIFIA counsel and bond counsel. Yet more research may be necessary if the Commission wishes to move forward. Staff, in consultation with its municipal and legal advisors and an investment bank, considered and analyzed innovative financing options related to the RCTC 91 Express Lanes that include: Innovative Financing Options Description Senior lien toll revenue bonds • Additional toll revenue bonds payable from toll revenues at the highest priority level, which is above the subordinated TIFIA loan. • Bonds can be issued if certain conditions per the existing bond documents are met. Surplus toll revenue bonds • New toll revenue bonds payable only from surplus toll revenues. • The Commission designates a fixed percentage of surplus toll revenues to be deposited with a trustee for bond debt service, and the remaining balance is retained by the Commission for eligible projects. • The bonds are zero-coupon bonds, or capital appreciation bonds (CABs), and do not bear current interest. Interest and principal are paid as revenues are available prior to the maturity date. • Bond issuance requires new debt documents related solely to the securitization of the surplus toll revenues. Other surplus toll revenue debt • New direct loan from a U.S. instrumentality, such as a public pension fund, payable only from surplus toll revenues. • Similar to the surplus toll revenue bonds, a fixed percentage of surplus toll revenues is deposited to with a trustee for loan payments with the balance retained by the Commission for eligible projects. • Similar to the surplus toll revenue bonds, the loan does not bear current interest. Interest and principal are paid as revenues are available over a specified term; however, failure to pay off the loan during would not be an event of default. • A loan requires new debt documents related solely to the securitization of the surplus toll revenues. 274 Agenda Item 11 At the April 24 FFI Committee meeting, staff presented a matrix that summarized key considerations for each innovative financing structure based on funding capacity, transaction complexity, legal complexity, TIFIA consent requirement, and timeframe. Based on an evaluation of each financing structure, the most immediately feasible option is the issuance of surplus toll revenue bonds. Assuming securitization of an amount between 50 and 75 percent of the projected surplus toll revenues and a final maturity between 35 and 40 years, this option could generate estimated proceeds of $228 to $467 million. Such proceeds could have a significant impact on funding Delivery Plan project priorities. Actual proceeds will be dependent on a number of variables, including but not limited to: • Percentage of future surplus toll revenues pledged by the Commission as security; • Nominal final maturity date; • Interest yield rate; • Other deal terms; • Market conditions; and • Continued strong performance of the RCTC 91 Express Lanes. While the final maturity date may be between 35 and 40 years and after the maturity of toll revenue debt, the surplus toll revenue bonds are projected to be paid off 7 to 10 years prior to that final maturity date. Therefore, the potential risk of default as low. There appears to be significant market interest in this type of debt, as investment managers desire longer-term investments reflecting the higher range of yields currently available in the market. Additional senior lien toll revenue bonds were not considered feasible as they generated the least amount of proceeds (approximately $158 million) and required TIFIA consent among other restrictive conditions. Other surplus toll revenue debt was seriously considered since the range of potential proceeds were similar to the surplus toll revenue bonds; however, the borrowing cost is higher than the surplus toll revenue bonds due to increased risk related to payment. Additionally, U.S. public pension funds do not currently invest in direct loan arrangements. This type of transaction may gain investor interest after at least five years, negatively impacting the use of innovative financing to fund Delivery Plan projects. Based on the considerations summarized above, the Commission’s issuance of CABs in 2013, and potential investor interest, the FFI Committee recommends that the Commission authorize staff to continue to develop a plan of finance for the Delivery Plan eligible projects that includes the issuance of toll revenue bonds secured by the Commission’s share of RCTC 91 Express Lanes surplus toll revenues. Commission direction to proceed with exploration of this option in conjunction with Delivery Plan prioritization decisions will allow staff to develop an implementation timeline. Any specific plan of finance will be presented to the Commission for approval at a future date. 275 Agenda Item 11 Priority Use of Federal Funds Staff anticipates that federal CMAQ and STBG funds will be available for these projects and other Commission capital projects that are not fully funded. CMAQ funds are restricted to projects that improve air quality such as carpool or express lanes; STBG are not as restrictive. Occasionally in the past, the Commission has conducted a call for projects for federal funds; however, eligible projects needed to follow federal processes. This often limits the number of eligible project applications from local jurisdictions. The available federal funds could significantly impact the Commission’s ability to fund projects on the Delivery Plan and move them to a higher priority. Therefore, the FFI Committee recommends that the Commission direct staff to prioritize federal CMAQ (South Coast Air Basin-related portion) and STBG funds for programming on Delivery Plan eligible projects. Eligible Uses of Financing Proceeds and Potential Legislative Amendments The Commission co-sponsored Senate Bill 1316 (SB 1316) along with the Orange County Transportation Authority (OCTA) in 2008 to make the 91 Project possible. SB 1316 was approved by the Governor. Among the authorities bestowed on the Commission in SB 1316 was the ability to impose tolls, set toll rates, issue debt against the tolls, and to expend toll revenue for specified purposes. As previously mentioned in this report, the legislation authorizes the Commission to invest surplus tolls into multi-modal transportation facilities that improve congestion on the SR-91 corridor between the Orange and Riverside County line to the west and I-15 to the east. Accordingly, the innovative financing bond proceeds contemplated today could be spent on various SR-91 corridor multimodal services including express bus, rideshare, Metrolink, and freeway service patrol, and capital projects such as the 71/91 connector, 15/91 Express Lanes Connector, 91 Corridor Operations Project (westbound auxiliary lane from Green River to SR-241), and 91 Project close-out. Two projects that have been initiated by the Commission in close proximity and arguably related to improving congestion on the SR-91 corridor include the I-15 Express Lanes Project Southern Extension (between Cajalco Road and SR-74) and the 91 Downtown Riverside Express Lanes (between I-15 and 60/91/215 interchange). The proximity and connection of these two projects to the SR-91 corridor is significant; however, under current legislation, these two projects are not eligible to use 91 Express Lanes surplus toll revenues. Federal and state funds have been programmed or may be available to fund the eligible capital projects along the SR-91 corridor noted previously; this may reduce the need for innovative financing bond proceeds. However, a significant portion of the traffic congestion at the 15/91 interchange is generated by traffic coming from the east on SR-91 and south on I-15 from SR-74. The development of the 91 Downtown Riverside Express Lanes and design/construction phases of the I-15 Express Lanes Project Southern Extension could potentially be accelerated with a portion of the innovative financing bond proceeds and available federal funds. For these projects, innovative financing proceeds and the resulting project development acceleration was assumed in the Delivery Plan development and FFI Committee recommendations contained in 276 Agenda Item 11 the concurrent July Commission report. Amending current legislation could provide this acceleration of traffic congestion relief to a wider area that has a major connection to the currently-defined SR-91 corridor limits which can utilize surplus toll revenues. Accordingly, the FFI Committee recommends that the Commission authorize staff to pursue legislation that amends the Commission’s authorizing statutes to extend the SR-91 corridor limits east to the 60/91/215 interchange and south on I-15 to SR-74. Reimbursement for Measure A Investments in the 91 Project Another alternative related to the eligible use of surplus toll revenues relates to the reimbursement of a portion of the Commission’s Measure A investment in the 91 Project. The prime directive during the development of the 91 Project plan of finance was to minimize the amount of Measure A required to fund the project. Initial financial models from the financing team assumed a sizeable issuance of toll revenue bonds to finance the project; however, extremely conservative rating agency and TIFIA assumptions related to traffic and revenues significantly decreased the amount of toll revenue bonds that could be issued by approximately $50 million and increased the amount of Measure A sales tax revenue bonds required. Additionally, market factors that developed in May and June 2013 impacted the financial model and required additional Measure A investment. Subsequently, the 91 Project cost increased primarily as a result of right of way cost increases, requiring additional Measure A contributions for project completion. Should the Commission desire to maximize the use of the potential innovative financing bond proceeds, it could take the position that reimbursement of a portion of the Measure A equity contribution in the 91 Project of at least $170 million that was not previously financed is an eligible use of surplus toll revenues. Such reimbursement would increase the amount of Measure A funds available to fund Western County highway projects. The FFI Committee recommends that the Commission approve the reimbursement of all or a portion of the Measure A investment in the 91 Project that was not previously financed as an eligible use of surplus toll revenues. Financial Impact These recommendations do not have a financial impact, as staff will need to return to the Commission with a specific plan of finance and programming recommendations. 277 Agenda Item 12 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: July 10, 2019 TO: Riverside County Transportation Commission FROM: Future Funding Initiatives Ad Hoc Committee SUBJECT: 2019-2029 Western Riverside County Highway Delivery Plan FUTURE FUNDING INITIATIVES AD HOC COMMITTEE RECOMMENDATION: This item is for the Commission to adopt the 2019-2029 Western Riverside County Highway Delivery Plan. BACKGROUND INFORMATION: In December 2006, the Commission approved a 10-year project delivery plan for the Western Riverside County Measure A Highway program. The intent was to establish priorities for the implementation of the renewed Measure A sales tax program, which began collecting sales tax revenue in July 2009 for a 30-year period. Due to the economic recession in the late 2000’s, the related decrease in Measure A and other revenues, project development cost increases, and other factors, it was necessary to reassess prior project delivery decisions and assumptions. The Commission approved a recalibration of the original 10-year project delivery plan for the Western Riverside County Measure A Highway program 2009-2019 at its January 2010 annual workshop. The recalibrated plan revised project priorities including the deferral of several projects and set the direction for project delivery for the ensuing years. At its January 31, 2019 Annual Workshop, the Commission assigned the Future Funding Initiatives Ad Hoc Committee (FFI Committee) to thoroughly vet and make specific recommendations in several areas to the Commission by July 2019. One of the areas for recommendation is the establishment of the new 10-year Western Riverside County Highway Delivery Plan for 2019- 2029 (Delivery Plan). This Delivery Plan focuses on RCTC-sponsored highway projects in Western Riverside County that can be delivered between 2019 and 2029 (the middle decade of the renewed Measure A period). At the March 25, 2019 FFI Committee meeting, staff presented a draft Delivery Plan for the FFI Committee’s review and input. FFI Committee members discussed several factors including the importance of a transportation project’s benefit to economic development. The FFI Committee therefore requested that economic benefit be considered as part of the Delivery Plan prioritization effort. FFI Committee members also requested more information to evaluate the draft Delivery Plan including existing and future trends in population, employment, and traffic congestion. 278 Agenda Item 12 At the April 15, 2019 FFI Committee meeting, staff presented an update to the prioritization criteria including a new economic benefit factor. Staff also provided additional trend information related to population, employment, and traffic congestion. FFI Committee members provided additional input to the Delivery Plan including direction to staff to evaluate the economic benefit factor to determine whether it could be more quantitative or used as a greater differentiator between projects. FFI Committee members also requested further breakdown of population and employment trends by supervisorial district. In response to these committee member interests, the Delivery Plan was updated to reflect work done to better describe the economic benefits of constructed projects. These results were added to attachment 1 in a qualitative manner. The economic benefit analysis performed did not result in a change in staff recommendation of projects in the Delivery Plan. Additionally, an updated exhibit reflecting population and employment trends by supervisorial district was provided at the committee meeting. Attachments 1 and 2 represent the final Delivery Plan approved by the FFI Committee and associated project map, respectively. The recommendation states that the Commission’s Delivery Plan consist of the RCTC-sponsored projects listed in groups 1 and 2. Group 1 projects (or project phases) are considered fully-funded given existing and expected local funding from Measure A, tolls, and other local sources as well as state and federal funding. Group 2 projects (or project phases) are partially funded with full funding likely available over the 2019-2029 period. Group 1 recommendations include noted projects that will benefit from additional funds generated by the financing of 91 Express Lanes surplus toll revenue. This innovative financing approach is estimated to result in $228-$467 million of additional funds for qualifying projects and uses. This approach is fully addressed in a concurrent July Commission staff report. Group 3 projects are Partner Agency-sponsored projects being assisted by Commission funding. While not part of the Commission’s Delivery Plan these notable projects are reflected for reference. Group 4 projects are not part of the 2019-2029 Delivery Plan but are either part of the overall 2009-2039 Measure A Expenditure Plan or a candidate for the future 2029-2039 Delivery Plan. Lastly, Group 5 projects represent other notable Partner Agency-sponsored projects not currently being assisted by Commission funding. The FFI Committee is seeking Commission adoption of the 2019-2029 Western Riverside County Highway Delivery Plan. Attachments: 1) 2019-2029 Western Riverside County Highway Delivery Plan, June 24, 2019 2) Delivery Plan project map, June 24, 2019 279 1 2 3 4 5 6 7 Phase Sponsor Cost Available Funding Consequence of deferring delivery Deferred projects from the 2009-2019 Western County Highway Delivery Plan Projects that fulfill or enhance projects named in the approved Measure A expenditure plan Projects that can realistically attain sufficient funding to achieve completion of a usable segment Projects with the potential to minimize Measure A contributions Eligibility for “restrictive” funding sources Economic benefit to the region due to the constructed traffic improvement (in millions $)(in millions $) Group 1 Fully Funded: Part of the 2019-2029 Delivery Plan COMPLETE 91 CIP Completion Design-Build RCTC 36$ X X X X X n/a (project closeout) I-15 ELP Completion Design-Build RCTC 22 X X X X n/a (project closeout) BUILD 15/91 Express Lanes Connector Design-Build RCTC 220 X X X X X X MEDIUM SR-60 Truck Lanes Construction RCTC 123 X X X X X MEDIUM Mid-County Parkway: Placentia Interchange at I-215 Construction RCTC 60 X X X X X MEDIUM 91 Pachappa UP Project: Railroad realignment Construction RCTC 18 X X X X X n/a (railroad constr.) Mid County Parkway: Sweeney Grading Construction RCTC 5 X X X X n/a (no lane const.) *71/91 Interchange Construction RCTC 128 X X X X X X MEDIUM *SR-91 Corridor Operations Project (Westbound auxiliary lane: Green River to 241)Construction RCTC 40 X X X X X HIGH *I-15 Express Lanes Project Southern Extension (Cajalco to 74): Advanced Operations Environmental through Construction RCTC 28 X X X X X MEDIUM START I-15 Express Lanes Project Southern Extension (Cajalco to 74)Environmental RCTC 33 X X X X X n/a (no lane const.) *I-15 Express Lanes Project Southern Extension (Cajalco to 74)Design-Build phase 1 RCTC 24 X X X X X n/a (no lane const.) *91 Downtown Riverside Express Lanes Environmental RCTC 22 X X X n/a (no lane const.) 757$ 757$ * = project (or project phase) fully-funded based on the June FFI Committee Innovative Financing Opportunities staff report recommendations and potential July 2019 Board approval Note: The June FFI Committee Innovative Financing Opportunities staff report estimated between $228M and $467M of proceeds available, use of $241M of proceeds are assumed above Group 2 Partial Funding Likely Available: Part of the 2019-2029 Delivery Plan Mid County Parkway: Right of Way and Environmental Mitigation ROW/Environmental RCTC 40 X X X X n/a (no lane const.) Mid-County Parkway: Package 2 Design/Construction RCTC 84 X X X X HIGH Mid County Parkway: I-215 Project, Nuevo to Alessandro Design/Construction RCTC 145 X X HIGH I-15 Express Lanes Project Southern Extension (Cajalco to 74)Design-Build phase 2 construction RCTC 470 X X X X MEDIUM 60/215 Riverside-Moreno Valley Express Lanes 60/215 Riverside-Moreno Valley Express Lanes Environmental RCTC 38 X X X X n/a (no lane const.) 60/215 Riverside-Moreno Valley Express Lanes Design/Construction RCTC 342 X X X HIGH I-215 Gap Project (I-215 to French Valley Parkway)Environmental to Construction RCTC 18 X X X n/a 91 Downtown Riverside Express Lanes Design/Construction RCTC 197 X X HIGH 1,335$ $125-$525 Group 3 Partner Agency Projects: Assist with Funding in 2019-2029 Lake Elsinore: I-15/Railroad Canyon Interchange (fully funded)Construction Lake Elsinore 36$ X X X MEDIUM RCTLMA: Cajalco Road Corridor Environmental to Construction County 452 X X HIGH Temecula: French Valley Parkway Phase 2 Environmental to Construction Temecula 120 X MEDIUM 608$ $36-$100 Group 4 Not Part of 2019-2029 Delivery Plan: RCTC Projects Mid County Parkway: Packages 3 and thereafter Environmental to Construction RCTC 800$ X X X HIGH 79 Realignment Design/ROW to Construction RCTC 1,300 X X MEDIUM I-15 Corridor (SR-74 to 215/15 interchange)Project Study to Environmental RCTC 35 X X X X n/a (no lane const.) SR-91 Corridor Ultimate Project: SR-91 Corridor Ultimate Proj.: 2035 (EB & WB general purpose lanes: 71 to 241)Environmental RCTC 50 X X X X n/a (no lane const.) SR-91 Corridor Ultimate Proj.: 2035 (EB & WB general purpose lanes: I-15 to Pierce)Environmental RCTC 25 X X X X n/a (no lane const.) I-10 Truck Climbing Lane Environmental to Construction RCTC 75 X X X n/a I-15 Corridor (215/15 interchange to San Diego County line)Project Study to Environmental RCTC 35 X X X n/a (no lane const.) SR-71 Widening Environmental to Construction RCTC 100 X X MEDIUM 10/60 Interchange Environmental to Construction RCTC 500 X X MEDIUM 215 Ultimate widening (60 to San Bernardino County line)Environmental to Construction RCTC 1,000 X MEDIUM 60 Jurupa Valley-Riverside Express Lanes Environmental RCTC 51 X X n/a (no lane const.) Managed Freeway Projects Pilot Project RCTC 50 n/a (benefit unknown) 4,022$ -$ Group 5 Not Part of 2019-2029 Delivery Plan: Partner Agency Projects SBCTA: 15 Express Lanes Environmental to Construction SBCTA N/A X n/a (cost unknown) RCTLMA: Ethanac Corridor Environmental to Construction County N/A n/a (cost unknown) Temecula: French Valley Parkway Phase 3 Environmental to Construction Temecula N/A n/a (cost unknown) N/A -$ June 24, 2019 Group Total Group Total 10-Year Western Riverside County Highway Delivery Plan 2019-2029 RCTC-Sponsored Group 1 and Group 2 Projects PRIORITIZATION FACTORS Projects Group Total Group Total Group Total Attachment 1 280 YuccaValley 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 SanJacinto San Bernardino Perris MorenoValley Highland Hemet BeaumontBanning Yorba Linda Walnut Upland Tustin Santa Ana 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. R I V E R S I D E C O . O R A N G E C O . RIVERSIDE CO. SAN DIEGO CO. SAN BERNARDINO CO. RIVERSIDE CO. 133 241 142 259 71 1 55 66 57 30 91 74 74 74 60 90 22 5 INTERSTATE CALIFORNIA 210 INTERSTATE CALIFORNIA 10 INTERSTATE CALIFORNIA 215 INTERSTATE CALIFORNIA 215 INTERSTATE CALIFORNIA 15 INTERSTATE CALIFORNIA 10 INTERSTATE CALIFORNIA 405 INTERSTATE CALIFORNIA 73 111 243 247 74 62 79 79 38 15 INTERSTATE CALIFORNIA 215 INTERSTATE CALIFORNIA 60 91 15 INTERSTATE CALIFORNIA 60 215 INTERSTATE CALIFORNIA 790510Miles N 17 27 19 20 22 34 24 28 16 15 8 14 29 2 24 30 32 31 33 34 44 26 25 28 37 27 29 35 5 3233 12 21 35 10 9 13A 25 3 11 26 31 6 18 1 4 30 7 23 41 4243 13 2019-2029 Western Riverside County Highway Delivery Plan June 24, 2019 FULLY FUNDED Phase Sponsor 1 91 CIP Completion Design-Build RCTC 2 15 ELP Completion Design-Build RCTC 3 15/91 Express Lanes Connector Design-Build RCTC 4 60 Truck Lanes Construction RCTC 5 Mid-County Parkway: Placentia Interchange at 215 Construction RCTC 6 91 Pachappa UP Project: Railroad Realignment Construction RCTC 7 Mid County Parkway: Sweeney Grading Construction RCTC 8 15 Express Lanes Project Southern Extension Environmental/ Design-Build Phase 1 RCTC 9 91 Downtown Riverside Express Lanes Environmental RCTC 10 71/91 Interchange Construction RCTC 11 91 Corridor Operations Project Construction RCTC 12 15 Express Lanes Project Southern Extension -Advanced Operations Environmental to Construction RCTC PARTIAL FUNDING AVAILABLE Phase Sponsor 13 Mid County Parkway:Right of Way and Environmental Mitigation ROW/Environmental RCTC 13A Mid County Parkway: Package 2 Design/Construction RCTC 14 15 Express Lanes Project Southern Extension Design-Build Phase 2 Construction RCTC 15 60/215 Riverside-Moreno Valley Express Lanes Environmental/ Design/Construction RCTC 16 215 Gap Project Environmental to Construction RCTC 17 Mid County Parkway: 215 Project, Nuevo to Alessandro Design/Construction RCTC 18 91 Downtown Riverside Express Lanes Design/Construction RCTC ASSIST WITH FUNDING – PARTNERS Phase Sponsor 19 Lake Elsinore: 15/Railroad Canyon Interchange (FullyFunded)Construction Lake Elsinore 20 RCTLMA: Cajalco Road Corridor Environmental to Construction County 21 Temecula: French Valley Parkway Phase 2 Environmental to Construction Temecula NO ACTION – RCTC Phase Sponsor 22 Mid County Parkway: Packages 3 and thereafter Environmental to Construction RCTC 23 79 Realignment Design/Right of Way to Construction RCTC 24 15 Corridor (SR-74/Central to I-215)Project Study to Environmental RCTC 25 91 Corridor Ultimate Project: 71 to 241 Environmental RCTC 26 91 Corridor Ultimate Project: 15 to Pierce Street Project Study RCTC 27 10 Truck Climbing Lane Environmental to Construction RCTC 28 15 Corridor (I-215 to County Line)Project Study to Environmental RCTC 29 71 Widening Environmental to Construction RCTC 30 10/60 Interchange Environmental to Construction RCTC 31 215 Ultimate Widening Environmental to Construction RCTC 32 60 Jurupa Valley-Riverside Express Lanes Environmental RCTC NO ACTION – PARTNERS Phase Sponsor 33 SBCTA: 15 Express Lanes Environmental to Construction SBCTA 34 RCTLMA: Ethanac Corridor Environmental to Construction County 35 Temecula: French Valley Parkway Phase 3 Environmental to Construction Temecula •••• Attachment 2 281 Agenda Item 13 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: July 10, 2019 TO: Riverside County Transportation Commission FROM: Future Funding Initiatives Ad Hoc Committee SUBJECT: Countywide Transportation Improvement & Traffic Relief Plan and Ordinance FUTURE FUNDING INITIATIVES AD HOC COMMITTEE RECOMMENDATION: This item is for the Commission to: 1) Authorize staff to develop a Countywide Transportation Improvement & Traffic Relief Plan and implementation ordinance for potential presentation to Riverside County voters in November 2020; 2) Authorize the Executive Director to negotiate and execute Agreement No. 18-15-086-01, an amendment to Agreement No. 18-15-086-00, pursuant to legal counsel review, with AlphaVu for an additional amount not to exceed $3.85 million to enhance the Public Engagement Program to include a Countywide Transportation Improvement & Traffic Relief Plan and implementation ordinance; 3) Approve an increase of an amount not to exceed $1,997,500 in FY 2019/20 expenditures to accommodate the enhancement of the Public Engagement Program; and 4) Sponsor any legislation necessary to clarify its authorizing statutes to implement a voter- approved sales tax measure. BACKGROUND INFORMATION: The Future Funding Initiatives Ad Hoc Committee (Committee) voted 10-2 on June 24, 2019 to recommend Commission approval of the above actions. Prior to the vote, the Committee reviewed and approved recommendations on three other related items assigned to the Committee by the Commission: • The required decennial review of the current Measure A expenditure plan; • The 2019-2029 Western County Highway Delivery Plan; and • An innovative financing strategy to advance Western County highway projects with 91 Express Lanes surplus toll revenue. The Commission at its Annual Workshop on January 31, 2019 delegated all four items to the Committee with a mandate to make recommendations to the Commission no later than July 2019. All four items pertain to the status and future outlook of the Commission’s ability to address transportation and quality of life needs in Riverside County. The Commission charged the Committee with assessing challenges and proposing priorities and solutions. The Committee 282 Agenda Item 13 met three times after the Annual Workshop, engaging in substantial deliberations and requesting detailed information from staff and consultants. After reviewing the status of the current Measure A expenditure plan and available resources for the next decade, the Committee discussed the need for: • Improvements to traffic flow beyond what can be achieved with current funding levels; • Infrastructure that promotes economic benefits including local employment growth and minimizes commute distances and times; • Improvements to state and federal approval processes; • Expeditious delivery of transportation projects; • Local control and understanding of transportation funding decisions in Riverside County; • Overall quality of life improvement for Riverside County residents; and • Options to present to the public of Riverside County to improve transportation. To address these concerns in a meaningful way, the Committee deliberated the merits of proceeding to the next step toward proposing a transportation improvement plan funded by a half-cent sales tax to Riverside County voters in the November 2020 general election. The Commission possesses legal authority to implement such a plan and accompanying tax if approved by two-thirds of the Riverside County electorate. Such a measure could generate between $3-6 billion countywide over the next thirty years, all of which would be under the control of local government and outside of state or federal coffers. If approved by two-thirds of voters, the half-cent sales tax would be exempt from the State of California’s statutory cap on local sales taxes, thereby maintaining capacity for other local governments interested in proposing their own jurisdiction-specific revenue measures. Based on analysis by Commission staff and consultants over the last three years, there are no other funding mechanisms available to the Commission that can reliably achieve the level of investment in Riverside County’s transportation system required to meet the Committee members’ objectives. The Commission has been transparent about its exploration of a new local funding measure since 2016. The issue has been discussed in multiple approved Commission staff reports, legislation approved by the State Legislature and Governor, and covered in local media outlets. Public Opinion Research & Results The Committee further grounded its recommendation upon public opinion research conducted under its oversight between April and June 2019. The research firm Fairbank, Maslin, Maullin & Metz (FM3) assessed Riverside County voters’ attitudes toward a potential transportation improvement plan and sales tax. FM3 convened focus groups of Riverside County voters followed by a countywide transportation issues survey of likely voters. FM3, staff, and legal counsel developed the research instruments in accordance with best practices and the law. Results demonstrate that nearly 80 percent of Riverside County voters perceive a need for additional transportation funding. According to the survey, after receiving educational 283 Agenda Item 13 information about a potential countywide transportation improvement plan, approximately two- thirds of likely voters in the November 2020 general election would vote in favor of a sales tax to fund the plan. A majority of likely 2020 voters within every sub-region of the county expressed support for a ballot measure, even after hearing hypothetical opposing arguments. Local control and benefit of all funds was the paramount priority expressed by survey respondents. Additionally, voters countywide expressed strong support for using funds to improve traffic flow; maintaining local roads; keeping infrastructure in good condition; repairing potholes; creating local jobs; accelerating completion of freeway upgrade projects; and reinforcing infrastructure from flooding, earthquakes, and natural hazards. Distinct regional preferences also emerged in the survey results. For example, Coachella Valley voters most strongly supported funding for daily passenger train service between the desert and Riverside, Orange, and Los Angeles Counties. Reducing bottlenecks and safety concerns on I-10, SR-111, and SR-86 was the second most important improvement identified by Coachella Valley voters. In western Riverside County, voters most preferred adding at least one lane to I-10, I-15, I-215, SR-60, SR-71, and SR-91. Improving on- and off-ramps and bridges (interchanges) at freeways was the second most favored “project” for voters in western Riverside County. Across the county, voters expressed significant concern for aging of the county’s infrastructure and the need to perform adequate maintenance. Accountability of transportation funds through independent financial audits and a public oversight committee was also a major priority for survey respondents countywide. Particularly in western Riverside County, population growth registered as a driving factor in support for raising additional funding for a transportation improvement plan. Western Riverside County voters’ most important reason for supporting funding for a transportation improvement plan is to save time on their long commutes. In the Coachella Valley, voters were strongly interested in ensuring the plan would invest in mobility options for senior citizens to retain their independence and reduce the burden on their families and caregivers. Additionally, Coachella Valley voters insisted on local return and control of any sales tax revenues within their area of the county. FM3 also modeled the likely outcome of a 2020 vote in the March Primary and November General elections. Survey results and schedule practicalities reveal that a November vote is more feasible. 284 Agenda Item 13 Conclusions The Committee found that the research results present a quantifiable rationale for the Commission to advance into the next stage of work toward a potential ballot measure. The survey results provide sufficient information to serve as a launching point for development of a draft transportation improvement plan, implementing ordinance, and further research and public engagement. Committee members debated the likelihood of whether a ballot measure would pass and whether passage would be impacted by other municipal ballot measures in 2020 (and whether a Commission-sponsored measure would impact municipal measures). Committee members concluded that the Commission has a responsibility to educate the public and engage with them further on the choices facing Riverside County when it comes to addressing transportation challenges. Committee members also expressed that the public should ultimately be empowered to make a decision on transportation plans and funding. Committee members emphasized the need for strategic, honest, and accurate communications with the public. Further, the Committee concluded that the state and federal governments are unlikely to assist Riverside County to the extent needed and that it was important for the Commission to develop its own strategy reflective of local understanding and priorities. Next Steps The Commission does not need to commit to placing a measure on the November 2020 general election ballot at this time. Based on the California Elections Code, the deadline for such an action will be no later than the first week of August 2020. Pragmatically, this means that in June or July of 2020 the Commission could vote on adoption of a final transportation improvement plan and implementing ordinance. Upon Commission approval at that time, the Commission would also need to request that the Riverside County Board of Supervisors adopt a resolution setting the measure for election. Prior to final action, the Commission will have interim opportunities to provide direction to staff and review additional research. To create a viable plan and ordinance ready for Commission approval and voter consideration next year, technical plan development and public engagement activities must commence immediately. Therefore, the Committee recommends that the Commission authorize staff to undertake all necessary activities to develop a Countywide Transportation Improvement & Traffic Relief Plan and implementation ordinance. The Commission does not meet in August and delaying action until September would stall the team’s efforts by two months out of the eleven months remaining before the Commission may consider whether to place a measure on the November 2020 ballot. Concurrently, Commission staff will begin development of a draft plan. 285 Agenda Item 13 Additionally, it is advisable that legal counsel carefully review the Commission’s existing authorizing statutes and ensure that the Commission’s eventual plans are harmonious with its state laws. If legal counsel advises that clarity in the law would be helpful, the Committee recommends the Commission sponsor clean-up legislation to achieve such clarity. Plan Development The Commission’s first Long Range Transportation Plan (LRTP) is in final stages of development. Staff anticipates submitting the LRTP to the Commission for approval in the fall of 2019. The LRTP will provide a high-level review of all currently planned transportation projects and funding opportunities available. Completion of the LRTP provides a natural transition to development of an transportation improvement plan to present to the public. Plan development can commence immediately using the existing resources from Commission staff and Bechtel Infrastructure, the Commission’s capital program manager. It will take several months to create a draft plan. It is critical that the draft plan be based on reasonable and justifiable assumptions, objective needs, and input from a variety of stakeholders. No draft will be perfect in its first iteration and therefore the Commission will want ample time and process for review and amendments. The first draft will likely be available for public release in late fall or early winter. Public Engagement The Commission’s Public Engagement Program is a metrics-based approach to communications. The Commission’s External Affairs department, with the assistance of AlphaVu, delivers multi- faceted two-way communication between the Commission and residents. Public engagement will allow the Commission to refine the list of projects and programs to be funded by a sales tax measure. Additionally, public engagement provides openness and transparency to government decision-making on this topic of high import. The Committee proposes that the program be significantly enhanced using the same performance-driven approach that has been successful to date. In the year since this program began, results have exceeded goals set forth in the base contract. Quantity of direct engagements with Riverside County residents has far surpassed established goals. Reach of the Commission’s “annual report” (framed as the #RebootMyCommute initiative) has also exceeded minimum thresholds established by the Commission. Meanwhile, overall public sentiment toward the Commission has remained quantifiably positive. The program is within budget for the currently established goals and scope. Given the transformative implications of the Commission potentially submitting a transportation improvement plan to voters, staff recommends the Commission commit approximately $3.85 million to the effort. The enhanced program will build on the foundation of successful work performed by AlphaVu and staff’s data-driven, results-oriented management philosophy. The size and diversity of Riverside County drive staff’s recommendation for this level of investment. Most of the likely expenses of direct public engagement with a county of this size will be direct costs for items such as educational mailings, multi-media advertisements requesting feedback, 286 Agenda Item 13 and a physical presence within communities including at local events and civic organizations. A proposed budget, scope, and high-level schedule are included as Attachment 1 to this staff report. The Committee recommends that the Commission authorize the Executive Director to negotiate and execute an amendment to Agreement No. 18-15-086-00 with AlphaVu for an additional amount not to exceed $3.85 million. Implementation Ordinance Following the development of a transportation improvement plan and the expanded Public Engagement Program, staff will assess the information gathered and develop an implementation ordinance for the transportation improvement plan. Legal counsel and staff will draft an ordinance with assistance from Bechtel, AlphaVu, and other consultants, as necessary. At a later date, staff may request Commission consideration for any contract amendments or budget assessments to complete this task, or use the Executive Director’s single signature authority if appropriate under the Commission’s procurement policies. Preliminary Proposed Schedule As discussed above, this effort to develop a transportation improvement plan and implementing ordinance along with an enhanced Public Engagement Program includes several interim steps before placing a sales tax measure on the November 2020 ballot. If approved by the Commission, these steps include: July 10, 2019 Commission action July 11, 2019 Begin developing Plan and Ordinance Notice to Proceed to AlphaVu for Phase 1 of enhanced Public Engagement Program July 2019 - May 2020 Development of transportation improvement plan, including public and stakeholder review, revisions, and thorough communications and engagement activities. Additional public opinion research to inform the Commission’s final decision. Interim reports to the Commission on status of the plan, ordinance, and public engagement, with opportunities for Commissioners to provide direction along the way, as warranted. June – July 2020 Review of final research and Commission consideration of adopting the final transportation improvement plan, implementation ordinance. If the plan and ordinance are adopted, the Commission must request that the Riverside County Board of Supervisors call a hearing to pass a resolution calling for an election on the plan as part of the November 2020 general election. 287 Agenda Item 13 Notice to Proceed to AlphaVu for Phase 2 of enhanced Public Engagement Program Even if the Commission ultimately decides not to place a measure on the 2020 ballot, the plan development process and public engagement efforts will have valuable independent utility to the Commission and residents of Riverside County. FISCAL IMPACT: Staff did not include any amounts in the FY 2019/20 Budget for the Phase 1 efforts discussed above. Accordingly, the Committee recommends the Commission approve an increase of an amount not to exceed $1,997,500 in FY 2019/20 expenditures to accommodate the enhancement of the Public Engagement Program. Financial Information In Fiscal Year Budget: No N/A Year: FY 2019/20 FY 2020/21+ Amount: $1,997,500 $1,852,500 Source of Funds: Measure A, Local Transportation Funds, and other administration cost allocation sources Budget Adjustment: Yes N/A GL/Project Accounting No.: 001001 65520 00000 0001 101 15 65520 Fiscal Procedures Approved: Date: June 20, 2019 Attachments: Draft Agreement No. 18-15-086-01 with AlphaVu 288 17336.02109\32072977.2 Agreement No. 18-15-086-01 AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC ENGAGEMENT PROGRAM SERVICES WITH ALPHAVU 1. PARTIES AND DATE This Amendment No. 1 to the Agreement for Public Engagement Program services is made and entered into as of _____________, 2019, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and ALPHAVU ("Contractor"), a Delaware limited liability company. 2. RECITALS 2.1 Commission and Contractor have entered into an agreement dated July 24, 2018 for Public Engagement Program services (the "Master Agreement"). 2.2 The parties now desire to amend the Master Agreement in order to enhance the Public Engagement Program related to the development of a Countywide Transportation Improvement & Traffic Relief Plan (Plan) and to add compensation for the additional services. 2.3 Commission has determined that the services require two phases of implementation. 2.3a The first phase includes research, public education and engagement services related to the Plan as set forth in Exhibit “A” attached to this Amendment (Phase 1). Services included under Phase 1 will be authorized by the Commission under Notice to Proceed 1 (NTP1). Phase 1 Services shall not commence until Consultant has received a formal NTP1 from Commission. 2.3b The second phase includes public education and engagement services related to the Plan and implementing ordinance (Phase 2). Phase 2 Services are set forth in Exhibit “A” attached to this Amendment. Services included under Phase 2 are not guaranteed and will be authorized by the Commission under Notice to Proceed 2 (NTP2). Phase 2 Services shall not commence until Consultant has received a formal NTP2 from Commission. DRAFT289 3. TERMS 3.1 The Scope of Services for the Master Agreement shall be amended to include Services, as that term is defined in the Master Agreement, required to provide an enhanced Public Engagement Program related to the Plan for Phase 1 and Phase 2, as more fully described in Exhibit "A" attached to this Amendment and incorporated herein by reference. 3.2 Consultant shall perform the Services in accordance with the terms of the Master Agreement and with the schedule included in Exhibit “A” attached to this Amendment No. 1 and incorporated herein by reference. 3.3 The maximum compensation for Services performed pursuant to this Amendment shall not exceed Three Million Eight Hundred Fifty Thousand Dollars ($3,850,000). Work shall be performed at the rates set forth in Exhibit “B” attached to this Amendment and incorporated herein by reference. 3.4 Except as amended by this Amendment, all provisions of the Master Agreement, 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. 3.5 This Amendment shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6 This Amendment may be signed in counterparts, each of which shall constitute an original. [Signatures on following page] DRAFT290 SIGNATURE PAGE TO AGREEMENT NO. 18-15-086-01 IN WITNESS WHEREOF, for good and valuable consideration which is hereby acknowledged, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY ALPHAVU 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. DRAFT291 EXHIBIT “A”    SCOPE OF WORK/SCHEDULE    DRAFT292 1 Statement of Work and Services for Enhanced Public Engagement Program RCTC June 2019 DRAFT293   294 2 Summary In order to enhance RCTC’s outreach efforts under the existing Public Engagement Program, AlphaVu proposes additional budget for contractor services and advertising costs. This additional activity will be carried out in two phases, each corresponding with RCTC’s fiscal years. The purpose of the enhanced Public Engagement Program is to fulfill the Commission’s directive to communicate with Riverside County residents regarding a transportation improvement plan that could be proposed to voters for a decision in 2020. This effort builds upon Goal #4 in the base contract for the Public Engagement Program. Contractor Services With this enhanced program, AlphaVu and the following sub-contractors will provide the services listed below throughout both phases of the engagement: • Rapid Constituent Response (AlphaVu) • Community Group Outreach (Arellano Associates) • Multi-Media/Graphic Design (TBWB) • Strategic/Message Consulting (TBWB) • Media and Press Engagement (Gale Hammons) • Website Design & Construction (OH Partners) • Polling & Focus Groups (FM3) • Tele-Town Hall Meetings (Tele-Town Hall) • Video Content Creation (Third Story) • Community Stakeholder Engagement (TBD) Advertising Expenditures AlphaVu proposes additional budget for the following advertising modes: • Broadcast Media (TV & Radio) • Newspapers • Display Ads • Public Transit Spaces • Printing & Direct Mail AlphaVu may propose additional modes for advertising and will seek RCTC approval for adding those modes to the program. AlphaVu will be mindful of the need for dual language (English and Spanish) communication throughout the program. DRAFT295   296 3 Program Phases and Activities Phase 1: July 2019 – June 30, 2020 Activity Estimated Timing Collateral Material Will begin video and print production early in Phase 1 so that content will be available during message testing and advertising for the remainder of Phase 1. Summer-Fall 2019 Research Will conduct polling with regional focus in summer 2019. Will host focus groups to understand how residents process and understand complex transportation issue in fall. Will conduct final tracking poll in spring 2020 to determine whether to proceed to November 2020 ballot. Summer-Fall 2019 Spring 2020 Advertising Will focus on digital and radio in fall 2019 and expand to video and television in spring 2020. Fall 2019-Spring 2020 Tele-Town Hall Meetings Will conduct first meeting in fall 2019 and second meeting in spring 2020. The second tele-town hall meeting will take place approximately one month before the final tracking poll. Fall 2019-Spring 2020 Other Will include rapid constituent responses, community group outreach, graphic design, strategic message consulting, media engagement, and website design. Ongoing throughout Phase 1 Phase 2: July - November, 2020 (Note: This phase will include all services carried out in Phase 1, except for polling and focus group research). Activity Estimated Timing Collateral Material A second round of video production will occur for this phase to build upon the Phase 1 activity. Summer 2020 Advertising After a three-month hiatus, a significant public education Fall 2020 DRAFT297 4 effort will begin in September 2020. Ads will run in fall 2020, providing the public with neutral, factual information regarding the potential ballot measure. During this time, constituents will be paying the most attention and the need for factual information will be greatest. Advertising modes will include newspapers, display ads, public transit spaces, and radio and television media to ensure a comprehensive outreach effort. A direct mailing also is planned for the fall. Tele-Town Hall Meetings Will conduct the third and fourth tele-town hall meetings. Summer and Fall 2020 Other Will continue to include rapid constituent responses, community group outreach, graphic design, strategic message consulting, media engagement, and website design. Ongoing throughout Phase 2 Accountability All services provided under this enhanced program will adhere to the same standards in the base contract for the Public Engagement Program. This includes bi-weekly reports to RCTC staff on efficacy of outreach efforts, relying on quantitative metrics to the extent possible. AlphaVu will assist RCTC staff in creating a quarterly report to the RCTC Commission to provide transparency to Commissioners and the public regarding this work. AlphaVu will continue to operate according to the highest ethical standards, including but not limited to, conducting regular reviews of privacy protection protocols and adhering to state laws regarding public education work. RCTC approval of content will be required before it is distributed to the public. Further, recognizing the interest among Riverside County residents in discussing transportation issues, the enhanced Public Engagement Program includes additional resources for “rapid response” to communications from RCTC constituents. Flexibility As the enhanced program develops, AlphaVu will work with RCTC to adapt schedules, sequences of events, sub-contractor assignments, and line-item budgets as needed. DRAFT298 EXHIBIT “B”    COMPENSATION   DRAFT299 FIRM ADDITIONAL PROJECT TASKS/ROLE COST AlphaVu Rapid Constituent Response 59,945$ TBWB Strategic/Message Consulting, Direct Mail, Graphic Design 204,000 Arellano Associates Public Events 89,975 Third Story Video Content Creation 75,000 OH Partners Website Design & Construction 55,120 Tele Town Hall Tele Town Hall Events 12,000 FM3 Polls and Focus Groups 262,000 Gale Hammons Media and Press Engagement 39,380 TBD Community/Stakeholder Engagement 240,000 ODC - Advertising Display Ads, Newspaper Printing, Public Transit Ads, and Printing 144,740 ODC - Direct Mail Direct Mail 325,000 ODC - Broadcast Media TV and Radio 2,342,840 3,850,000$ PHASE PROJECT COST Phase 1 Rapid inquire response, broadcast media, display ads, newspaper printing, printing, strategic message consulting, direct mail, graphic design, public events, video content creation, website design and construction, tele town halls, focus groups ad regional sruvey research, press and media engagement, community stakeholder engagement. 1,997,497$ Phase 2 Rapid inquire response, broadcast media, display ads, public transit ads, newspaper printing, printing, strategic message consulting, direct mail, graphic design, public events, video content creation, website design and construction, tele town halls, press and media engagement, community stakeholder engagement. 1,852,503$ 3,850,000$ TOTAL COSTS Breakdown By Phase 1 Commission authorization pertains to total contract award amount. Compensation adjustments between consultants and phases may occur; however, the maximum total compensation authorized may not be exceeded. TOTAL COSTS EXHIBIT "B" Prime Consultant: Sub Consultants: COMPENSATION SUMMARY1 DRAFT300 Agenda Item 14 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: July 10, 2019 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Sheldon Peterson, Rail Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Coachella Festival Special Events Train Platform Development Project BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 19-25-103-00 with the California State Transportation Agency (CalSTA) regarding a State Rail Assistance (SRA) grant to fund the Coachella Festival Special Event Train Platform Development Project (Platform Project) for an amount not to exceed $5,942,510; 2) Adopt Resolution No. 19-012, “Resolution of the Riverside County Transportation Commission Regarding Authorization for the Execution of the Certifications and Assurances and Authorized Agent Forms for the State Rail Assistance”; 3) Adopt Resolution No. 19-013, “Resolution of the Riverside County Transportation Commission Regarding Authorization for the Execution of the State Rail Assistance Project”; 4) Approve Memorandum of Understanding (MOU) Agreement No. 19-25-102-00 with Los Angeles – San Diego – San Luis Obispo Rail Corridor (LOSSAN) and Amtrak for the coordination and development of the Platform Project; 5) Authorize the Executive Director, pursuant to legal counsel review, to negotiate and execute the final CalSTA and MOU agreements on behalf of the Commission; 6) Authorize the Executive Director, pursuant to legal counsel review, to negotiate and execute a cooperative agreement with Amtrak for construction of the Platform Project based on estimated costs established by the Commission and within the Platform Project budget estimated at $8,688,241; and 7) Authorize the Executive Director, pursuant to legal counsel review, to negotiate and execute agreements with LOSSAN, the city of Indio (City), Goldenvoice, Valley Music Travel, and host railroads, as may be needed for the full implementation of the Platform Project, provided that all such agreements are within the Platform Project budget estimated at $8,688,241. 301 Agenda Item 14 BACKGROUND INFORMATION: In close cooperation with Caltrans and the Federal Rail Administration, the Commission has been actively engaged in the development of a Tier 1 Environmental Impact Statement (EIS) and Service Development Plan for the Coachella Valley-San Gorgonio Pass Rail Corridor. Production of the program level EIS is intended as the first step in the investigation toward the provision of daily round trip passenger rail service between Los Angeles and the Coachella Valley. This corridor has limited transit connectivity with the Los Angeles basin and currently has no intercity rail service. On a related yet stand-alone effort, the Commission has been supporting efforts to provide for the operation of a Special Event Train for the annual Coachella Music and Arts and Stagecoach Festivals (Festivals). With Interstate 10 as the sole major corridor to access the Coachella Valley, the Festivals have a significant impact on mobility both for festival attendees and Coachella Valley residents. The Festivals attract in excess of 125,000 people each weekend they are held, leading to severe impacts on the quality of life and mobility for Coachella Valley residents. The Special Event Train will contribute to congestion relief along the I-10 corridor through a reduction in vehicle miles traveled as well as vehicle emissions and greenhouse gases, making for an improved experience for both residents and festival attendees. For several years staff has been coordinating with LOSSAN, Amtrak, the host railroads, and the concert promoter to determine the best possible alternative to allow for operation of special trains for the Festivals. Through these discussions, it was determined that one of the major obstacles to operating these trains was the need for a separate train track and station platform in the City. This would allow passengers to safely unload and not impact freight train operations in the process. In January 2019, the Commission applied for SRA funding through CalSTA to complete a Special Event Train platform at the City’s Transportation Center near the Empire Polo Club where the Festivals are held. In March 2019, CalSTA announced that the Platform Project was awarded SRA capital funding in the amount of $5,942,510. The Platform Project will also be funded with $2,745,731 in previously awarded Proposition 1B funds to meet the total anticipated Platform Project capital cost of $8,688,241. The Platform Project has an aggressive goal to complete the work prior to the April 2020 festival season. As required by the SRA grant guidelines, staff requests approval of two resolutions to authorize use of the funds for the Platform Project. Resolution No. 19-012 relates to certifications and assurances and authorized agents for the SRA funding. Resolution No. 19-013 relates to the execution of the SRA grant. In addition, staff requests approval of the draft SRA grant agreement (Attachment 3) and authorization for the Executive Director, pursuant to legal counsel review, to negotiate and execute the final agreement with CalSTA. The Platform Project scope is intended to be a simple, yet useful design that will allow for quick construction of a temporary 10-train car platform. It will also include the turnout off the 302 Agenda Item 14 mainline, track, ties, ballast, sub-ballast, and drip pan panel. Ancillary work will include asphalt paving for passengers to safely access shuttle buses to transport them to the Festivals. Commission staff already initiated the platform and track design utilizing an on-call engineering consultant, with the goal of having the design ready in the next couple of months. In order for the Platform Project to be successful, it will take significant cooperation from several partner agencies. Staff is working closely with LOSSAN and Amtrak to move the Platform Project forward and seeks approval of an initial MOU with these agencies to ensure cooperation and define roles. The draft MOU prepared by the Commission is included as Attachment 4. In the future, a more extensive cooperative agreement with Amtrak will be necessary to defined roles regarding construction and to transfer grant funds to Amtrak for reimbursement of construction and support activities. LOSSAN is supporting the Platform Project by taking the lead in train operation discussions with the host railroads. It has the funding in its budget to operate the train service after the platform is constructed. Amtrak is the train operator under contract to LOSSAN and will run the service. It is currently planned that Amtrak will construct the track and platform in close coordination with the host railroads. In addition, future agreements may be needed with the host railroads for site access and construction and maintenance for the track and infrastructure. Staff is also working with the City, as the City recently approved the station site as its preferred location as part of its Multi-Modal Feasibility Study. It is likely that the City will be responsible for the ongoing maintenance of the facility. Staff is also coordinating with Valley Music Travel, an entity that works closely with the concert promoter, Goldenvoice, to discuss shuttle transportation, train marketing and ticketing. All parties are working together to advance this Platform Project with the hope of having it ready by 2020. Staff will continue to provide updates as the process continues. In light of the aggressive timing goals for the Platform Project implementation, staff requests advance authority for the Executive Director to negotiate and execute agreements, as may be necessary or beneficial and pursuant to legal counsel review, with all or some of the above- referenced entities for the purpose of full project implementation. The foregoing authority will be limited to agreements that, cumulatively, are within the total Platform Project budget currently estimated at $8,688,241. Funding received from this grant is included in the final Fiscal Year 2019/20 budget. Additionally, the Platform Project is included in the Coachella Valley Rail FY 2019/20 Short Range Transit Plan. Financial Information In Fiscal Year Budget: Yes Year: FY 2019/20 Amount: $5,942,510 Source of Funds: CalSTA SRA Grant Budget Adjustment: No GL/Project Accounting No.: 454000 415 41510 0000 245 25 41501 Fiscal Procedures Approved: Date: 06/17/2019 303 Agenda Item 14 Attachments: 1) Resolution No. 19-012 2) Resolution No. 19-013 3) Draft SRA Agreement 4) Draft LOSSAN/Amtrak Agreement 304 RESOLUTION NO. 19-012 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION REGARDING AUTHORIZATION FOR THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE STATE RAIL ASSISTANCE Coachella Festival Special Event Train Platform Development Project - $5,942,510 WHEREAS, the Riverside County Transportation Commission is an eligible project sponsor and may receive state funding from State Rail Assistance (SRA) for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 1 (2017) named the California State Transportation Agency (CalSTA) as the administrative agency for the SRA; and WHEREAS, CalSTA has developed guidelines for the purpose of administering and distributing SRA funds to eligible project sponsors such as the Riverside County Transportation Commission; and WHEREAS, the Riverside County Transportation Commission wishes to delegate authorization to execute these documents and any amendments thereto to Anne Mayer, Executive Director. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Riverside County Transportation Commission that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all SRA funded transit projects. NOW THEREFORE, BE IT FURTHER RESOLVED that Anne Mayer, Executive Director be authorized to execute all required documents of the SRA program and any Amendments thereto with the CalSTA. AGENCY BOARD DESIGNEE: APPROVED AND ADOPTED this ____ day of July 2019. ATTACHMENT 1 305 Chuck Washington, Chair Riverside County Transportation Commission ATTEST: Lisa Mobley, Clerk of the Board Riverside County Transportation Commission 306 RESOLUTION NO. 19-013 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION REGARDING AUTHORIZATION FOR THE EXECUTION OF THE STATE RAIL ASSISTANCE PROJECT: Coachella Festival Special Event Train Platform Development Project - $5,942,510 WHEREAS, the Riverside County Transportation Commission is an eligible project sponsor and may receive state funding from State Rail Assistance (SRA) now or sometime in the future for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 1 (2017) named the California State Transportation Agency (CalSTA) as the administrative agency for SRA; and WHEREAS, CalSTA has developed guidelines for the purpose of administering and distributing SRA funds to eligible project sponsors (local agencies); and WHEREAS, the Riverside County Transportation Commission wishes to implement the SRA project listed above, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Riverside County Transportation Commission that the fund recipient agrees to comply with all conditions and requirements set forth in the applicable statutes, regulations and guidelines for all SRA funded transit projects. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Riverside County Transportation Commission that it hereby authorizes the submittal of the following project nomination and allocation request to CalSTA in FY 2017-18 SRA funds: ATTACHMENT 2 307 Project Name: Coachella Festival Special Event Train Platform Development Project Amount of SRA funds requested: $5,942,510 Short description of project: Provide a special events platform and tracks in the city of Indio to allow for trains to carry passengers to various music festivals and events. Contributing Sponsors (if applicable): N/A AGENCY BOARD DESIGNEE: APPROVED AND ADOPTED this ____ day of July 2019. Chuck Washington, Chair Riverside County Transportation Commission ATTEST: Lisa Mobley, Clerk of the Board Riverside County Transportation Commission 308 State of California California State Transportation Agency GRANT AGREEMENT Grant Number SRA 2019-5 P a g e 1 | 5 1. GRANT TITLE Coachella Valley Special Event Train Platform, Indio CA 2. NAME OF RECIPIENT AGENCY (GRANTEE) Riverside County Transportation Commission 3. Grant Period From: 03/18/2019 To: 06/30/2021 4. AGENCY TO ADMINISTER GRANT California State Transportation Agency (CalSTA) 5. GRANT DESCRIPTION The award funds the design for Coachella Valley Special Event Train Platform, obtain the appropriate permits from the host railroad and to construct the platform. The special event platform will be designed to accommodate a 10-car set. Access to the platform will be accomplished by means of a new switch from the existing mainline track connecting to approximately 1,500 ft of new track, ties, ballast, and sub-ballast to create the spur to the platform. Other elements include a 40 feet drip pan panel and asphalt paving for passenger access to and from the City of Indio transit center and Indio Boulevard. 6. State Funds Allocated Under This Agreement Shall Not Exceed:$5,942,510 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of this Agreement. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. APPROVAL SIGNATURES A. AUTHORIZING OFFICIAL OF RECIPIENT AGENCY NAME: Anne Mayer, PHONE: (951) 787-7920 TITLE: Executive Director ADDRESS: 4080 Lemon Street, 3rd Floor Riverside, CA 92502-2208 EMAIL: amayer@rctc.org B. AUTHORIZING OFFICIAL OF CALIFORNIA STATE TRANSPORTATION AUTHORITY NAME: Elissa Konove PHONE: (916) 323-5400 TITLE: Undersecretary, California State Transportation Agency (CalSTA) ADDRESS: 915 Capitol Mall, Suite 350B, Sacramento, CA 95814 EMAIL: Elissa.Konove@calsta.ca.gov ____________________________ (Signature) (Date) ____________________________ (Signature) (Date) ATTACHMENT 3 309 State of California California State Transportation Agency GRANT AGREEMENT Grant Number SRA 2019-5 P a g e 2 | 5 310 State of California California State Transportation Agency GRANT AGREEMENT Grant Number SRA 2019-5 P a g e 3 | 5 9. ACCOUNTING OFFICER, CALIFORNIA STATE TRANSPORTATION AGENCY NAME: Carolyn Vu ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 10. PROJECTED EXPENDITURES Public Utility Code §99312.3 FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE AUTHORIZED EXPENDITURES Public Transportation Fund NA 0521-601-0046 2017 86/2017 2017 $5,942,510 AGREEMENT TOTAL $8,688,241 AMOUNT ENCUMBERED BY THIS DOCUMENT $5,942,510 I CERTIFY upon my own personal knowledge that the budgeted funds are available for the period and purpose of the expenditure stated above. PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $0 ACCOUNTING O F F I C E R’ S S I G N A T U RE  DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $1,441,969 311 State of California California State Transportation Agency GRANT AGREEMENT Grant Number SRA 2019-5 P a g e 4 | 5 TERMS AND CONDITIONS 1. BACKGROUND The Road Repair and Accountability Act of 2017, Senate Bill (SB) 1 provides increased funding to maintain and improve California’s transportation system. SB 1 directs funding specifically to commuter rail and intercity rail through Public Utility Code section 99312.3 which continuously appropriates the revenue received from a 0.5 percent sales tax on diesel fuel to State Rail Assistance. State Rail Assistance (SRA) projects benefit the public by improving rail service and maximizing the quality of the rail service in California, promoting connectivity, improving integration of intercity rail service, and efforts that have the greatest potential to grow rail ridership. 2. PROJECT DESCRIPTION: Engineering, design and construction activities for the Coachella Festival special event train platform that will support special event passenger trains for improved passenger loading/unloading and baggage handling operations in Indio. 3. PROJECT DELIVERABLES • Final design for temporary station (platform) • Agreements with UPRR for site access and track and platform construction. • Construction of the platform including; turnout, track, ties, ballast, sub-ballast, and drip pan panel. Ancillary work will also include asphalt paving for passenger access to and from the City of Indio Transportation Center and Indio Boulevard. Evidence of Deliverables completion to be verified through reporting, or upon request by CalSTA. 4. FUNDING SRA Funding Amount, $5,942,510, Other Project Funds $2,745,731, Total Project Amount, $8,688,241. Funds will be distributed by the State Controller to the Grantee and distributed quarterly, up to the SRA funding amount. The Grantee is responsible for the implementation of the project consistent with the funding plan submitted with allocation request and ensuring the all matching requirements are met. The Grantee is responsible for ensuring funds are only applied to approved expenditures in accordance with the guidelines. 5. PROJECT ADMINISTRATION: The Grantee shall comply with the State Rail Assistance Guidelines (October 13, 2017). The Grantee certifies that any required environmental documentation was complete before expending SRA funds on construction. The Grantee assures that project complies with Public Resources Code §21100 and §21150. The Grantee certifies that a dedicated bank account for SRA funds only will be established within 30 days of receipt of SRA funds. The Grantee certifies that when SRA funds are used for a transit capital project, that the project will be completed and remain in operation for its useful life. The Grantee certifies that it has the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of that project. The Grantee certifies that they will notify CalSTA of pending litigation, dispute, or negative audit findings related to the project, before receiving an allocation of funds. 312 State of California California State Transportation Agency GRANT AGREEMENT Grant Number SRA 2019-5 P a g e 5 | 5 Any interest the Grantee earns on SRA funds must be used only on approved SRA projects. The Grantee shall notify CalSTA within 60 days of any changes to the approved project with a Corrective Action Plan (CAP), subject to approval and acceptance by CalSTA Funds must be encumbered and liquidated within the time allowed under this agreement. The Grantee shall be responsible for complete performance of the work described in this award. All work shall be accomplished in accordance with the applicable provisions of the Public Utilities Code, the Government Code, and other applicable statutes and regulations. Failure to complete the funded work could require repayment of any or all funds, plus any interest earned, as determined by CalSTA. 6. REPORTING The Grantee shall comply with the Reporting Obligations defined in the SRA Guidelines. The Grantee is required to provide a Semi-Annual Progress Report on the activities and progress of this grant to ensure activities are performed timely, within approved scope and cost, and are achieving the intended purpose for which they are to be utilized. The Grantee must provide completed and signed progress reports every six months that covers information accrued from July 1st to December 31st and January 1st to June 30th. The reports will be due by February 15th and August 15th of each year the Grant Period, until the approved project is completed, and the final project report has been filed. Final Project Report shall be completed once the project has been completed. The Grantee must notify CalSTA by email or letter and submit a final project report within six months of completion. Please note, once an agency has received all SRA funding for a particular project, the project must be fully expended within four years. Corrective Action Plans shall be submitted to CalSTA for approval for any changes to the originally approved scope, schedule, or costs of the approved Allocation Request or the SRA Award. Agencies, with delinquent reports will NOT receive further State Rail Assistance allocations until reports have been received by CalSTA. 7. RECORD RETENTION The Grantee agrees and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project. All accounting records and other supporting papers of the Grantee, its contractors and subcontractors connected with SRA funding shall be maintained for a minimum of three (3) years after the “Project Closeout” report, and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor. Copies thereof will be furnished by the Grantee, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the Grantee pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the Grantee’s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the Grantee’s contracts with third parties pursuant to Government Code § 8546.7, the project sponsor, its contractors and subcontractors and the State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of final payment. The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a project for audits, examinations, excerpts, and transactions, and the Grantee shall furnish copies thereof if requested 313 State of California California State Transportation Agency GRANT AGREEMENT Grant Number SRA 2019-5 P a g e 6 | 5 The Grantee, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document. 8. Special Situations The State may terminate the grant for any reason at any time if it is determined by the State, that there has been a violation of any State or federal law or policy by the Grantee during performance under this or any other grant agreement or contract entered into with the State. If the grant is terminated, the Grantee may be required to fully or partially repay funds The State may perform an audit and/or request detailed project information of the project sponsor’s SRA funded projects at CalSTA’ discretion at any time prior to the completion of the SRA funded project. Under extraordinary circumstances, The Grantee may terminate a project prior to completion. In the event the Grantee terminates a project prior to completion, the Grantee must (1) contact CalSTA in writing and after receipt of such notice; (2) pursuant to verification, submit a final report indicating the reason for the termination and demonstrating the expended funds were used on the intended purpose; (3) submit a request to reassign the funds to a new project within 180 days of termination. 9. OTHER PROVISIONS All obligations of State under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. All obligations of the Grantee under the terms of this Agreement are subject to authorization and allocation of resources by the Grantee. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to this Agreement by imposing any standard of care imposed by law. Neither State nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by the Grantee under or in connection with any work, authority, or jurisdiction delegated to the Grantee under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, the Grantee shall fully defend, indemnify, and save harmless the State of California, its officers, and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the Grantee under or in connection with any work, authority, or jurisdiction delegated to the Grantee under this Agreement. Neither the Grantee nor any officer or employee thereof is responsible for any injury, damage, or liability occurring or arising by reason of anything done or omitted to be done by State under or in connection with any work, authority, or jurisdiction delegated to State under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, State shall fully defend, indemnify, and save harmless the Grantee, its officers, and employees from all claims, suits or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by State under or in connection with any work, authority, or jurisdiction delegated to State under this Agreement. 10. This Agreement shall terminate on 06/30/2021 or upon receipt of all deliverables and the final report, whichever occurs first. 314 State of California California State Transportation Agency GRANT AGREEMENT Grant Number SRA 2019-5 P a g e 7 | 5 The Grantee Agency officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. FUND NUMBER CATALOG NUMBER FUND DESCRIPTION TOTAL AMOUNT 2019-5 SRA 2019-5 State Rail Assistance $5,942,510 315 BLANK 1 29253.00002\32118210.1 Agreement No. __________________ MEMORANDUM OF UNDERSTANDING AMONGST RIVERSIDE COUNTY TRANSPORTATION COMMISSION, LOSSAN RAIL CORRIDOR AGENCY AND AMTRAK This Memorandum of Understanding (“MOU”) is made and entered into this ______ day of _________________ 2019 by and amongst the Riverside County Transportation Commission (“Commission”), the LOSSAN Rail Corridor Agency (“LOSSAN”) and the National Railroad Passenger Corporation, d/b/a Amtrak (“Amtrak”). Commission, LOSSAN and Amtrak are sometimes referred to herein individually as “Party”, and collectively as the “Parties”. RECITALS WHEREAS, the Coachella Valley Music Festival (“Coachella”) and the Stagecoach Country Music Festival (“Stagecoach”) are two of the largest events (collectively, the “Festivals”) regularly held at the Empire Polo Club in the City of Indio, California (“Indio”), and the Festivals draw large crowds and create major traffic impacts. WHEREAS, the Commission has received a grant award from the California State Transportation Agency (“CalSTA”) of over $5.9 million to fund the design and construction of a Coachella Valley Special Event Train Platform (the “Platform Project”). The Project includes obtaining the appropriate permits from the host railroad and construction of the platform, a 40 foot drip pan panel, drainage and oil separator tank construction, a water cabinet, electrical service, air compressor installation and a storage shed. Ancillary work will also include asphalt paving for passenger access to and from the City of Indio Transportation Center and Indio Boulevard. The Project will also be funded with approximately $2.7 million in Proposition 1B funds received by the Commission from the California Department of Transportation (“Caltrans”). WHEREAS, the CalSTA funding and the Caltrans Proposition 1B funds are referred to herein as the “Grants”. WHEREAS, the Commission desires to partner with other agencies and companies to complete the Platform Project, and to provide special round-trip rail service from Los Angeles Union Station to Indio and shuttle service to and from the rail station in Indio and the Festivals (the “Special Service”) and to market the Special Service and the air quality benefits of alternative commute modes. ATTACHMENT 4 316 2 29253.00002\32118210.1 WHEREAS, the Platform Project and the Special Service are sometimes referred to herein, collectively, as the “Project”. WHEREAS, the Parties desire to enter into this MOU to specify the mutual understandings of the Parties as relates to the Project. TERMS 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this MOU as though fully set forth herein. 2. Term. This MOU shall be effective as of the date first set forth above and shall continue in effect until terminated as provided herein. 3. Responsibilities of Commission. Commission agrees to the following related to the Project. a) To act as the lead agency for the design and environmental approval of the Platform Project, including utilizing existing on-call contracts for these services. b) To cause the services described in (a) above to be completed in accordance with all applicable laws, rules and regulations. c) To enter into agreements with CalSTA and Caltrans for the Grants, and to manage the Grants including, but not limited, processing reimbursement applications for eligible Grant funding. d) To provide Project management services. e) To coordinate the Platform Project and the Special Service with other applicable agencies. f) To negotiate the terms of a Cooperative Agreement with Amtrak, as further described in Section 5(b) below, in good faith. 4. Responsibilities of LOSSAN. LOSSAN agrees to the following related to the Project. a) To operate the Special Service through its contractor, Amtrak. b) To plan and fund the operation of the Special Service. c) To serve as the lead agency in negotiating train access with UPRR, and to work in good faith to obtain such access in a timely manner so as not to delay the Project. 317 3 29253.00002\32118210.1 d) To fund the efforts described in this section using its own funding sources including, but not limited to, any grants obtained by LOSSAN. 5. Responsibilities of Amtrak. AMTRAK agrees to the following related to the Project. a) To timely and safely operate the Special Service for LOSSAN, contingent on and in accordance with the terms of any existing or future agreement with LOSSAN for the Special Service. b) Contingent on and in accordance with the terms of a future cooperative agreement for the funding and construction of the Platform Project (“Cooperative Agreement”) to be negotiated with the Commission, to serve as the lead entity for construction, including completion of all construction work with its own forces or using contractors. c) To negotiate the terms of the Cooperative Agreement with the Commission in good faith. d) In order to receive reimbursements under the Grants, to agree to comply with applicable Grant requirements, and to flow down such requirements to its contractors, as applicable. e) To coordinate with Union Pacific Railroad (“UPRR”), and obtain access rights to construct the Platform Project on UPRR railroad right of way, including, as needed, negotiation of a Construction and Maintenance (“C&M”) agreement with UPRR and the City of Indio, as applicable, for construction and future maintenance of the Platform Project. 6. Mutual Responsibilities. Each Party agrees to the following related to the Project. a) Each Party will assign a qualified member of its staff to coordinate with the other Parties to facilitate the objectives of this MOU. b) The Parties will regularly consultant on strategies to facilitate the timely completion of the Project, within the Project budget. c) To make best efforts to help achieve Project completion by April, 2020. 7. General Provisions. 7.1. Withdrawal/Termination of MOU. In the event a Party defaults in the performance of its obligations under this MOU or breaches any of the provisions of this MOU, a non-defaulting Party shall have the option to withdraw from this MOU upon thirty (30) days' prior written notice to the other Parties. If two non-defaulting Parties provide 318 4 29253.00002\32118210.1 notice of an intent to withdraw from this MOU, this MOU shall terminate upon thirty (30) days’ prior written notice from such Parties. This MOU may also be terminated upon mutual consent of all Parties. 7.2. Delivery of Notices. All notices permitted or required under this MOU 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: To Commission: Riverside County Transportation Commission 4080 Lemon Street, Third Floor P. O. Box 12008 Riverside, California 92502-2208 Attn: Anne Mayer, Executive Director AMayer@rctc.org To LOSSAN: ________________________ ________________________ Attn: [INSERT NAME, TITLE] [INSERT E-MAIL ADDRESS] To Amtrak ________________________ ________________________ Attn: [INSERT NAME, TITLE] [INSERT E-MAIL ADDRESS] 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. Notice may also be provided via electronic mail and shall be deemed made the date sent, provided that any notice sent via electronic mail shall also be sent by U.S. mail, per the requirements set forth in the foregoing sentence, within twenty-four (24) hours of the notice via electronic mail. Notice sent via electronic mail that is not followed by notice sent via U.S. mail, as required in this paragraph, shall not be considered notice for purposes of this MOU. 7.3. Governing Law. This MOU shall be governed by the laws of the State of California. Venue shall be in Riverside County. 7.4. Amendments. This MOU may be amended at any time by the mutual consent of the Parties by an instrument in writing; however, no amendments or other modifications of this MOU shall be binding unless executed in writing by all Parties hereto, or their respective successors or assigns. 7.5. Counterparts. This MOU may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original 319 5 29253.00002\32118210.1 and all of which together shall constitute the same agreement. Facsimile signatures shall be considered originals. 320 6 29253.00002\32118210.1 SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING AMONGST RIVERSIDE COUNTY TRANSPORTATION COMMISSION, LOSSAN RAIL CORRIDOR AGENCY AND AMTRAK IN WITNESS WHEREOF, the Parties have executed this MOU as of the date first written above. Commission: LOSSAN RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: By: __________________________ Anne Mayer, Executive Director Title: ________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: By: _____________________________ By: __________________________ Best Best & Krieger LLP Counsel to the Riverside Title: ________________________ County Transportation Commission AMTRAK By: __________________________ Title: ________________________ ATTEST: By: __________________________ Title: ________________________ 321