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09 September 11, 2019 CommissionComments 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 TIME/DATE: 9:30 a.m. / Wednesday, September 11, 2019 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside COMMISSIONERS Chair – Chuck Washington Vice Chair – Ben J. Benoit Second Vice Chair – Jan Harnik Kevin Jeffries, County of Riverside, District 1 Karen Spiegel, County of Riverside, District 2 Chuck Washington, County of Riverside, District 3 V. Manuel Perez, County of Riverside, District 4 Jeff Hewitt, County of Riverside, District 5 Art Welch / Daniela Andrade, City of Banning Lloyd White / Julio Martinez, City of Beaumont Joseph DeConinck / Johnny Rodriguez, City of Blythe Larry Smith / Linda Molina, City of Calimesa Randall Bonner / Jeremy Smith, City of Canyon Lake Raymond Gregory / Mark Carnevale, City of Cathedral City Steven Hernandez / Megan Beaman Jacinto, City of Coachella Wes Speake / Jim Steiner, City of Corona Scott Matas / Russell Betts, City of Desert Hot Springs Clint Lorimore / Todd Rigby, City of Eastvale Linda Krupa / Russ Brown, City of Hemet Dana Reed / To Be Appointed, City of Indian Wells Waymond Fermon / Oscar Ortiz, City of Indio Brian Berkson / Chris Barajas, City of Jurupa Valley Kathleen Fitzpatrick / Robert Radi, City of La Quinta Bob Magee / Natasha Johnson, City of Lake Elsinore Bill Zimmerman / Dean Deines, City of Menifee Victoria Baca / Carla Thornton, City of Moreno Valley Scott Vinton / Randon Lane, City of Murrieta Berwin Hanna / Ted Hoffman, City of Norco Jan Harnik / Kathleen Kelly, City of Palm Desert Lisa Middleton / Jon R. Roberts, City of Palm Springs Michael M. Vargas / Rita Rogers, City of Perris Ted Weill / Charles Townsend, City of Rancho Mirage Rusty Bailey / Andy Melendrez, City of Riverside Andrew Kotyuk / Russ Utz, City of San Jacinto Michael S. Naggar / Maryann Edwards, City of Temecula Ben J. Benoit / Joseph Morabito, City of Wildomar Mike Beauchamp, Governor’s Appointee Caltrans District 8 RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO: Riverside County Transportation Commission FROM: Lisa Mobley, Clerk of the Board DATE: September 4, 2019 SUBJECT: G.C. 84308 Compliance — Potential Conflict of Interest California Government Code 84308 states a Commissioner may not participate in any discussion or action concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 12 months or 3 months following the conclusion from a bidder or bidder's agent. This prohibition does not apply to the awarding of contracts that are competitively bid. The Commission's procurement division asks potential vendors to disclose any contributions made to the campaigns of any Commissioner as part of their submitted bid packets. As an additional precaution, those entities are included below in an effort to give Commissioners opportunity to review their campaign statements for potential conflicts. Please note the entities listed in this memo are not encompassing of all potential conflicts and are in addition to any personal conflicts of interest such as those disclosed on Statement of Economic Interests — Form 700 or prohibited by Government Code Section 1090. Please contact me should you have any questions. Agenda Item No 7J — Amendment to Agreement with Nossaman LLP for On -Call Strategic Partnership Advisor Services for the Interstate 15/State Route 91 Express Lanes Connector Project Consultant(s): Nossaman LLP Corey Boock, Partner 777 S. Figueroa Street, 34th Floor Los Angeles, CA 90017 Agenda Item No 7L — Amendment to Agreement with T.Y. Lin International for Final Design Services Related to the Mid County Parkway Interstate 215/Placentia Avenue Interchange Improvement Project Consultant(s): T.Y. Lin International James Rucker, Vice President 20 Pacifica, Suite 350 Irvine, CA 92618 Tara Byerly From: Tara Byerly Sent: Wednesday, September 04, 2019 2:01 PM To: Tara Byerly Cc: Lisa Mobley Subject: RCTC: September Commission Agenda - September 11, 2019 Good afternoon Commission Alternates, The September Agenda for the Commission meeting scheduled for Wednesday, September 11 @ 9:30 a.m. is available. Please copy the link: https://www.rctc.org/wp-content/uploads/2019/09/September-Commission-Agenda.pdf Respectfully, Tara Byerly Deputy Clerk of the Board Riverside County Transportation Commission 951.787.7141 W 1951.787.7906 F 4080 Lemon St. 3rd FI. 1 P.O. Box 12008 Riverside, CA 92502 rctc.org f l/ in 0 i Tara Byerly From: Tara Byerly Sent: Wednesday, September 04, 2019 1:57 PM To: Tara Byerly Cc: Lisa Mobley; Anne Mayer; JOHN STANDIFORD Subject: RCTC: September Commission Agenda - September 11, 2019 Good afternoon Commissioners, The September Agenda for the Commission meeting scheduled for Wednesday, September 11 @ 9:30 a.m. is available. Please copy the link: https://www.rctc.org/wp-content/uploads/2019/09/September-Commission-Agenda.pdf Also attached for your review and information is the conflict of interest memo and form. Conflict of Conflict of Interest Form.pdf Interest Memo.p... Let me know if you have any questions or concerns. Thank you. Respectfully, Tara Byerly Deputy Clerk of the Board Riverside County Transportation Commission 951.787.7141 W 1951.787.7906 F 4080 Lemon St. 3rd FI. 1 P.O. Box 12008 Riverside, CA 92502 rctc.orq f IF in 0 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org MEETING AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, September 11, 2019 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside, CA In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission’s website, www.rctc.org. In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is needed to participate in a Commission meeting, including accessibility and translation services. Assistance is provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements can be made to provide assistance at the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes or less. The Commission may, either at the direction of the Chair or by majority vote of the Commission, waive this three-minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Also, the Commission may terminate public comments if such comments become repetitious. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Under the Brown Act, the Commission should not take action on or discuss matters raised during public comment portion of the agenda that are not listed on the agenda. Commission members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. Riverside County Transportation Commission Meeting Agenda September 11, 2019 Page 2 5. ADDITIONS / REVISIONS – The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda. 6. APPROVAL OF MINUTES – JULY 10, 2019 7. CONSENT CALENDAR – All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 7A. SINGLE SIGNATURE AUTHORITY REPORT Page 1 Overview This item is for the Commission to receive and file the Single Signature Authority report for the fourth quarter ended June 30, 2019. 7B. REVISIONS TO THE PROCUREMENT POLICY MANUAL Page 3 Overview This item is for the Commission to: 1) Approve the revised Riverside County Transportation Commission Procurement Policy Manual (PPM) for the procurement and contracting activities undertaken by the Commission, pursuant to legal counsel review as to conformance to state and federal law; and 2) Adopt Resolution No. 19-008, “Resolution of the Riverside County Transportation Commission Regarding the Revised Procurement Policy Manual”. 7C. CONFLICT OF INTEREST CONSULTANT POLICY FOR BALLOT MEASURES Page 69 Overview This item is for the Commission to approve the Conflict of Interest (COI) Consultant Policy for Ballot Measures. Riverside County Transportation Commission Meeting Agenda September 11, 2019 Page 3 7D. QUARTERLY PUBLIC ENGAGEMENT METRICS REPORT, APRIL – JUNE 2019 Page 76 Overview This item is for the Commission to receive and file the Quarterly Public Engagement Metrics Report for April – June 2019. 7E. STATE AND FEDERAL LEGISLATIVE UPDATE Page 84 Overview This item is for the Commission to receive and file an update on state and federal legislation. 7F. FISCAL YEAR 2019/20 ANNUAL LOCAL TRANSPORTATION FUND PLANNING ALLOCATIONS TO WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Page 95 Overview This item is for the Commission to approve an allocation of Local Transportation Fund (LTF) funds for planning in the amount of $800,250 for Western Riverside Council of Governments (WRCOG) and $436,500 for the Coachella Valley Association of Governments (CVAG) for efforts identified in each agency’s Fiscal Year 2019/20 LTF Program Objectives/Work Plan (Work Plan) that supports transportation planning programs and functions consistent with regional and subregional plans, programs, and requirements. 7G. 91 EXPRESS LANES MONTHLY STATUS REPORTS Page 106 Overview This item is for the Commission to receive and file the 91 Express Lanes Monthly Reports for the quarter ended June 30, 2019. Riverside County Transportation Commission Meeting Agenda September 11, 2019 Page 4 7H. AMENDMENT TO THE 91 EXPRESS LANES OPERATOR AGREEMENT Page 180 Overview This item is for the Commission to: 1) Approve Agreement No. 13-31-105-04, Amendment No. 4 to the 91 Express Lanes Operator Agreement No. 13-31-105-00 (commonly referred to as the ORCOA), among the Orange County Transportation Authority (OCTA), the Commission, and Cofiroute USA, LLC (Cofiroute), to extend the agreement for an additional six months in the amount of $3,180,851 for a total amount not to exceed $36,007,044; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the amendment on behalf of the Commission. 7I. CHANGE ORDER TO AMEND THE INTERSTATE 15 EXPRESS LANES PROJECT DESIGN- BUILD CONTRACT WITH SKANSKA-AMES, A JOINT VENTURE, FOR THE INTERSTATE 15/STATE ROUTE 91 EXPRESS LANES CONNECTOR PROJECT Page 191 Overview This item is for the Commission to 1) Approve Change Order No. 50 to Agreement No. 16-31-057-00 for the Interstate 15 Express Lanes Project (I-15 ELP) with Skanska-Ames, a Joint Venture (Skanska-Ames), to perform limited construction for the Interstate 15/State Route 91 Express Lanes Connector (15/91 ELC) associated improvements in the amount of $1.7 million, plus a contingency amount of $170,000, for a total amount not to exceed $1,870,000; 2) Authorize the Executive Director to negotiate and execute the change order amendment, pursuant to legal counsel review, for an amount not to exceed $1,870,000; and 3) Authorize the Executive Director or designee to approve contingency work up to the total amount not to exceed as required for the project. Riverside County Transportation Commission Meeting Agenda September 11, 2019 Page 5 7J. AMENDMENT TO AGREEMENT WITH NOSSAMAN LLP FOR ON-CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES FOR THE INTERSTATE 15/STATE ROUTE 91 EXPRESS LANES CONNECTOR PROJECT Page 201 Overview This item is for the Commission to: 1) Approve Agreement No. 06-66-028-14, Amendment No. 11 to Agreement No. 06-66-028-00, with Nossaman LLP (Nossaman) for the on-call strategic partnership advisor services to support the Interstate 15/State Route 91 Express Lanes Connector (15/91 ELC), extend the contract term to December 31, 2023, and augment the agreement in the amount of $1.5 million, plus a contingency amount of $150,000, for an additional amount of $1.65 million, and a total amount not to exceed $16,002,935; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the project. 7K. AMENDMENT TO AGREEMENT WITH T.Y. LIN INTERNATIONAL FOR FINAL DESIGN SERVICES RELATED TO THE MID COUNTY PARKWAY INTERSTATE 215/PLACENTIA AVENUE INTERCHANGE IMPROVEMENT PROJECT Page 214 Overview This item is for the Commission to: 1) Approve Agreement No. 16-31-066-03, Amendment No. 3 to Agreement No. 16-31-066-00, with T.Y. Lin International (T.Y. Lin) to finish final design services and prepare the Interstate 215/Placentia Avenue interchange improvement (I-215/Placentia Avenue) project for advertising and award, for an additional amount of $629,416, plus a contingency amount of $62,942, for an additional amount of $692,358, and a total amount not to exceed $4,761,021; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the project. 7L. FISCAL YEAR 2019/20 STATE OF GOOD REPAIR PROGRAM ALLOCATIONS Page 230 Overview This item is for the Commission to: Riverside County Transportation Commission Meeting Agenda September 11, 2019 Page 6 1) Approve Resolution No. 19-009, “Resolution of the Riverside County Transportation Commission Approving the FY 2019/20 Project List for the California State of Good Repair Program”; 2) Approve an allocation of $3,910,756 related to Fiscal Year 2019/20 State of Good Repair (SGR) program funds to eligible Riverside County transit operators; 3) Authorize the Executive Director, or designee, to review, approve and submit projects to Caltrans which are consistent with SGR program guidelines and to execute and submit required documents for the SGR program, including the Authorized Agent Form; and 4) Authorize the Executive Director, or designee, to approve administrative amendments to the FY 2019/20 Short Range Transit Plans for incorporation of the SGR funds, as necessary. 8. STATE ROUTE 60 TRUCK LANES PROJECT UPDATE Page 234 Overview This item is for the Commission to receive an oral report on the State Route 60 Truck Lanes project. 9. COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, DISTRICT 8 FOR PROJECT INITIATION DOCUMENT PHASE FOR THE RIVERSIDE COUNTY NEXT GENERATION EXPRESS LANES PROJECT Page 235 Overview This item is for the Commission to: 1) Approve Agreement No. 20-31-006-00, a cooperative agreement between the Commission and the California Department of Transportation, District 8 (Caltrans) for the Riverside County Next Generation Express Lanes Project (NGELP), in an amount not to exceed $300,000; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 10. TRANSPORTATION IMPROVEMENT PLAN DEVELOPMENT SCHEDULE AND PROCESS Page 257 Overview This item is for the Commission to: 1) Approve disbanding the Future Funding Initiatives Ad Hoc Committee (Ad Hoc Committee) and the formation of a new standing committee singularly focused on Riverside County Transportation Commission Meeting Agenda September 11, 2019 Page 7 developing a Countywide Transportation Improvement & Traffic Relief Plan (Plan) and implementation ordinance (Ordinance); 2) Approve the schedule and development process for the Plan and Ordinance; 3) Direct staff to develop the Plan and Ordinance in publicly-noticed Brown Act compliant meetings; and 4) Authorize the Chair to appoint the members of the new committee in consultation with the First Vice Chair and Second Vice Chair. 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 12. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. 13. CLOSED SESSION 13A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Agency Negotiator: Executive Director or Designee Item APN(s) Property Owner Buyer(s) 1 117-041-016 RCTC Sabih Syed 2 117-041-012 RCTC Sabih Syed 3 117-042-023 RCTC Sabih Syed 13B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Agency Negotiator: Executive Director or Designee Item APN(s) Property Owner Buyer(s) 1 101-140-029 Green River Development RCTC 2 115-353-015 Tram N. Vo RCTC 14. ADJOURNMENT The next meeting of the Commission is scheduled to be held on Thursday, October 17, 2019, Board Room, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. 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IACiOK" `b ` CD t� t,w¢ (f 6l r aT , ? � 6 °t' �" i RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL SEPTEMBER 11, 2019 County of Riverside, District I County of Riverside, District II County of Riverside, District III County of Riverside, District IV County of Riverside, District V City of Banning City of Beaumont City of Blythe City of Calimesa City of Canyon Lake City of Cathedral City City of Coachella City of Corona City of Desert Hot Springs City of Eastvale City of Hemet City of Indian Wells City of Indio City of Jurupa Valley City of La Qu i nta City of Lake Elsinore City of Menifee City of Moreno Valley City of Murrieta City of Norco City of Palm Desert City of Palm Springs City of Perris City of Rancho Mirage City of Riverside City of San Jacinto City of Temecula City of Wildomar Governor's Appointee, Caltrans District 8 Present 0 a Absent 0 0 0 0 O O O G� O � O 0 O a 0 � O d 0 ® 0 d 0 O 0 O 0 � O 1� O � O O 0' 0 O O O O O O O O O la ,10 0 O 0 O O � O O 0 r,, 3003 dIZ A113 J3311S rON 3NOHd 3003 dIZ =SS3HGOV SS3NISn8 (mom / NOIJ.VZINVOLIO / A3N301/ d0 3INVN A113 :9N11N3S3Hd3k1 J33EI1S rON 3NOHd :IN311 V0N39V dO 1O3r8nS =SS3aaaV :3WVN (V0N3�JV 3H1 NO ausn SV) rON W311 VON39V =S1N3WWO3 311811d 0=S1N31MWO3 a118nd dO 1a3r8ns NO3H3 I 11 OHVO8 3H1 dO NH313 3H1 01 limns aNV H3V13a :31Va 3a00 dIZ JUJO J331113 -SS3>iaaV SS3NISna 'moss / NOIIVZINVOHO / AON30V dO 3INVN . _ rON 3N0Hd MOO dIZ 14113 J - rON 3N0Hd Q;00-701 Rog =1A1311 VON30V d01a3rans 6), ti :0N11N3S311d311 J331LLS =SS3lIaaV :31NVN (VON391/ 3H1 NO a31sn SV) rON 1N311 VaN3011 =S1N31AIW03 onar d to :S1N3WW00 mend d01a3ran )133H3 alIVOB 3H1 AO H1:1313 3H1 O111W8ns aNV Forma a1Va 3a0O dIZ A113 1331I1S 3a0O dIZ e8d'Cb rON 3NOHd rON 3NOHd :SS3!laaV SS3N1S118 d1 OHO / NOLLVZINV01:10 / A3N3OV AO 31NVN :0NI1N3S3E1d3H Al1O . % .7 / L! � -SS3!laaV raid, 1111 )I '?1 Vi-V =1N311 VdN3911 ' (VON3OV 3H1 NO aim SV) JO Iowans rON IN311 VdN30V :S1N3NIIN03 onand =S1N31AlW03 onand aO 103P811S )103H3 :3WVN _ 11 =31Va atIV08 3H1 )1l1310 3H.L O1 nimanS C1NV H3VJ30 moo dIZ Al13 133HIS 3000 dIZ :SS31:1a01/ SS3NIS118 atom / NOIIVZINVONO / AON3'JV dO 3INVN rON 3N0Hd :9NI1N3S3Eld38 A113 133l1S rON 3NOHd wcro 0 qcpric =SS3aaaV :3INVN =W311 VON301/ (VON3OV Nil NO O31SIl SV) d01O3rans rON IN311 VON3OV =S1N31NW03 mend 0=S1N3WUYO3 mend d0133rans dl 3133H3 -311/a auvoe 3H1 d1O 11t131O 3H101111NOOS ONV H31/130 AGENDA ITEM 6 MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEETING MINUTES Wednesday, July 10, 2019 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Vice Chair Ben J. Benoit at 9:33 a.m. in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. 2. ROLL CALL Commissioners/Alternates Present Commissioners Absent Victoria Baca Lisa Middleton Berwin Hanna Ben J. Benoit Michael Naggar Chuck Washington Brian Berkson V. Manuel Perez Joseph DeConinck Syad Raza Waymond Fermon Dana Reed Kathleen Fitzpatrick Wes Speake Raymond Gregory Karen Spiegel Jan Harnik Jeremy Smith Steven Hernandez Larry Smith Jeff Hewitt Michael M. Vargas Kevin Jeffries Russ Utz* Linda Krupa Scott Vinton Clint Lorimore Ted Weill Bob Magee Art Welch Scott Matas Bill Zimmerman Julio Martinez *Arrived after the meeting was called to order 3. PLEDGE OF ALLEGIANCE Commissioner Jan Harnik led the Commission in a flag salute. 4. PUBLIC COMMENTS Don Fuller, Corona resident, expressed extreme concern for the commuters who are lane cutting across the delineators at the eastbound SR-91 in the evenings from Weir Canyon to the Orange County/Riverside County Line. He displayed a map of this area where there have been horrible crashes and discussed attending the OCTA’s Committee and Board Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 2 meetings and receiving correspondence from OCTA to Caltrans and Caltrans response to OCTA. Mr. Fuller referred to an agenda item from 2011 for the SR-91 Corridor Improvement Project, referred to a section on safety, and read a few lines on the safety issue regarding this area with the delineators. Amie Kinne, Temescal Valley resident, expressed concern for the July Commission agenda as it was lengthy and there are important key items that needed more time to go through the agenda. She then read the Sunshine Ordinance the city of Riverside put out. Ms. Kinne expressed not objecting to the Commission’s proposals although she cannot support it either and noted there is a trust issue and stated it was not right posting the Commission agenda before a major holiday for a vote the next week. At this time, Commissioner Russ Utz joined the meeting. John Donaldson, a Corona resident, concurred with Ms. Kinne’s comments, as there is an immense amount of detail and expressed these issues for SR-91 being discussed today are having a visceral response in the Corona community. He expressed concern for the credibility of the Commission for changing the rules when the problem in Corona still exists. Mr. Donaldson expressed concern there was an existing program the Commission agreed to and currently due to receiving additional funding the rules are changing. He stated this is a problem every day in Corona and some of the things that may happen to increase access to the roads and speed traffic up will have an effect on commuters going into the narrow gap along the 91 Corridor. 5. ADDITIONS / REVISIONS There were no additions or revisions to the agenda. 6. APPROVAL OF MINUTES – June 12, 2019 M/S/C (Baca/Naggar) to approve the June 12, 2019 minutes as submitted. Abstain: Hernandez, Martinez, and J. Smith 7. PUBLIC HEARING – PUBLIC HEARING – ADOPT A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE INTEREST IN CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 305-060-009 (RCPN 1164), LOCATED IN PERRIS, RIVERSIDE COUNTY, CALIFORNIA, FOR THE CONSTRUCTION OF AN INTERCHANGE AT THE INTERSECTION OF INTERSTATE 215 AND PLACENTIA AVENUE, IN RIVERSIDE COUNTY, CALIFORNIA At this time, Vice Chair Benoit opened the public hearing and called on legal counsel to explain the nature and the scope of the hearing. Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 3 Steve DeBaun, legal counsel, explained the purpose of this hearing is for the Board to consider the adoption of Resolution of Necessity No. 19-015. He stated at the conclusion of this hearing, the Board will be asked to adopt the resolution of necessity and he listed the findings. He explained the purpose of this hearing is to consider the need for acquisition of the property and not to consider the value of the property. Lisa Mobley, Clerk of the Board, verified the proof of mailing that certifies the notices were sent to the property owners of said parcel number are on file with the Commission. Ms. Mobley stated there was one written objection received from Palmieri and Tyler, Wiener, Wilhelm and Waldron LLP, representing the owner Jessie Fernandez. A copy was provided in the Commission agenda packet. Mark Lancaster, Right of Way Manager, presented the resolution of necessity for the I- 215/Placentia Avenue Interchange project and highlighted the following: • The Commission is required to make the following findings: 1) The public interest and necessity require the proposed project; 2) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; 3) The real property to be acquired is necessary for the project; and 4) The offer of just compensation has been made to the property owner • A map depicting the I-215/Placentia Avenue Interchange project overview • An aerial view depicting the Fernandez parcel location At this time, Vice Chair Benoit called on any persons who wish to be heard that have an interest in a property. Debbie Walsh, a resident, expressed concern the Prado Regional Park Trail was not brought up and wanted to ensure it was is in the plan and the current overpass has the regional trail there and wanted to ensure it was also included in the plans in the future. Mark Lancaster replied both bridges are being widened as there is one bridge over I-215 and one bridge over the railroad. Both of those bridges are going to include on the south side of Placentia Avenue a multipurpose trail including equestrian, bicycle and pedestrian. In response to Commissioner Karen Spiegel’s inquiry about the five meetings offered to the owner that did not show for either of them and the conversation with the attorney at the June 19 meeting if legal counsel attended that meeting, Mark Lancaster replied no they did not. He explained the Commission’s legal counsel had a discussion with Mr. Fernandez’s legal counsel and he indicated they would not be attending that meeting. Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 4 In response to Commissioner Spiegel’s clarification that legal counsel failed to participate in any conversation, Mark Lancaster replied regarding the project and the proposed acquisition with staff that is correct. Commissioner Jeff Hewitt explained obviously this is a big part of a huge arterial that will go through the mid county that needs to serve the cities of Hemet, San Jacinto, Perris all the way through into District 1. He understands there was no way to design this as flood control had a big issue with putting that basin in where Mr. Fernandez’s property is located. He asked if there is no other design that comes close to this. Mark Lancaster replied no, in fact the Mid County Parkway project itself would also traverse through this property and the detention basins are necessary for the current run off that is anticipated from the west that comes to the east under I-215. There is no master plan flood control facility on the east side of I-215 to handle the anticipated flow. In response to Commissioner Hewitt’s inquiry, Mark Lancaster replied staff will continue discussions and hopefully come to a settlement. At this time, Vice Chair Benoit asked if there are any other persons who wish to be heard. There were no requests to speak. Vice Chair Benoit closed the public hearing. M/S/C (Vargas/Speake) to: 1) Conduct a hearing to consider the adoption of Resolution of Necessity, including providing all parties interested in the affected properties and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the Resolution of Necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; d) The offer of just compensation has been made to the property owner; and 3) Adopt Resolution of Necessity No. 19-015 to “Adoption of a Resolution of Necessity for the Acquisition of a Fee Interest in Certain Real Property, By Eminent Domain, More Particularly Described as Assessor Parcel No. 305- 060-009 (RCPN 1164), Located in Perris, Riverside County, California, for the Construction of an Interchange at the Intersection of Interstate 215 and Placentia Avenue, in Riverside County, California”. Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 5 Abstain: Naggar 8. PUBLIC HEARING – RIVERSIDE COUNTY TRANSIT SERVICES FUNDING ALLOCATIONS FOR FISCAL YEAR 2019/20 At this time, Vice Chair Benoit opened the public hearing. Monica Morales, Management Analyst, presented the Riverside County Transit Services Funding Allocations for FY 2019/20, highlighting the following areas: • Funding is provided to seven transit operators: the cities of Banning, Beaumont, Corona and Riverside; Palo Verde Valley Transit Agency (PVVTA); Riverside Transit Agency (RTA); SunLine Transit Agency (SunLine); and the Commission’s Rail Program • Total funding request for FY 2019/20 for Operating - $179.5 million + Capital - $70.6 million for a total funding request: $250.1 million • Funding request comparison for FY 2020 vs FY 2019 • FY 2019/20 transit funding by revenue source • FY 2019/20 transit operator allocations At this time, Vice Chair asked if there were persons who wish to be heard. There were no requests to speak. Vice Chair Benoit closed the public hearing. M/S/C (Vargas/Spiegel) to: 1) Conduct a public hearing at the July Commission meeting on the proposed Federal Transit Administration (FTA) Section 5307 Program of Projects (POP); 2) Approve Fiscal Year 2019/20 Transit Operator Funding Allocations for the cities of Banning, Beaumont, Corona and Riverside; Palo Verde Valley Transit Agency (PVVTA); Riverside Transit Agency (RTA); SunLine Transit Agency (SunLine); and the Commission’s Rail Program; 3) Direct staff to add the federally funded and regionally significant projects into the Federal Transportation Improvement Program (FTIP); 4) Adopt Resolution No. 19-014, “Resolution of the Riverside County Transportation Commission to Allocate Local Transit Assistance Funds and State Transit Assistance Funds;” and 5) Approve the FY 2019/20 FTA Sections 5307 and 5311 POP for Riverside County (County). Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 6 9. CONSENT CALENDAR Commissioner Wes Speake requested to pull Agenda Item 9K, “Agreement with WSP USA Inc. for the completion of the Project Initiation Document Phase for the Riverside County Next Generation Express Lanes” for further discussion. Commissioner Victoria Baca referred to Agenda Item 9F, “2020 State Transportation Improvement Program Funding Distribution and Draft Fund Estimate” and requested in regards to the STIP that it be a competitive process. Anne Mayer, Executive Director, replied staff will come back at its September Commission meeting to discuss the STIP as she understands Commissioner Baca’s comment, which will be discussed at that time. M/S/C (Berkson/L. Smith) to approve the following Consent Calendar items. Abstain: Hewitt on Agenda Item 9N 9A. QUARTERLY SALES TAX ANALYSIS Receive and file the sales tax analysis for Quarter 4, 2018. 9B. FISCAL YEAR 2017/18 TRANSPORTATION DEVELOPMENT ACT AND MEASURE A AUDIT RESULTS Receive and file the Transportation Development Act (TDA) and Measure A audit results report for Fiscal Year 2017/18. 9C. #REBOOT MY COMMUTE PUBLIC ENGAGEMENT PROGRAM SUMMARY Receive and file an update about the Commission’s #RebootMyCommute public engagement program in Riverside County. 9D. STATE AND FEDERAL LEGISLATIVE UPDATE 1) Adopt the following bill position: a) HR. 2939 (Napolitano) – Support; 2) Receive and file an update on state and federal legislation. Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 7 9E. FISCAL YEARS 2019/20 – 2023/24 MEASURE A FIVE-YEAR CAPITAL IMPROVEMENT PLANS FOR THE LOCAL STREETS AND ROADS PROGRAM Approve the Fiscal Years 2019/20 – 2023/24 Measure A Five-Year Capital Improvement Plan (CIP) for Local Streets and Roads (LSR) as submitted by the participating agencies. 9F. 2020 STATE TRANSPORTATION IMPROVEMENT PROGRAM FUNDING DISTRIBUTION AND DRAFT FUND ESTIMATE 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). 9G. 2019 TITLE VI PROGRAM REPORT UPDATE, INCLUDING PUBLIC PARTICIPATION PLAN AND LANGUAGE ASSISTANCE PLAN Approve the 2019 Title VI Program Report, including the Public Participation Plan and Language Assistance Plan in compliance with Federal Transit Administration (FTA) requirements. 9H. CHANGE ORDER TO AMEND THE INTERSTATE 15 EXPRESS LANES PROJECT TOLL SERVICES AGREEMENT WITH KAPSCH TRAFFICCOM USA FOR THE INTERSTATE 15/STATE ROUTE 91 EXPRESS LANES CONNECTOR PROJECT 1) Approve Contract Change Order (CCO) No. 6 to Agreement No. 16-31-043-00 for the Interstate 15 Express Lanes Project (15 Express Lanes) with Kapsch TrafficCom USA Inc. (Kapsch) in the amount of $2,809,286, plus a contingency amount of $290,000, for a total amount not to exceed $3,099,286; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to negotiate and execute the change order on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project. 9I. CEQA REVALIDATION AND ADDENDUM FOR THE MODIFIED STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT’S EXPRESS LANE CONNECTOR IMPROVEMENTS Adopt Resolution No. 19-011, “Resolution of the Riverside County Transportation Commission Adopting an Addendum to the Previously Certified Environmental Impact Report (SCH #2008071075) Pursuant to the California Environmental Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 8 Quality Act for the State Route 91 Corridor Improvement Project and Approving the Proposed Changes to the Project”. 9J. REQUEST FOR PROPOSAL TO DESIGN AND CONSTRUCT THE INTERSTATE 15/STATE ROUTE 91 EXPRESS LANES CONNECTOR PROJECT THROUGH A DESIGN- BUILD CONTRACT 1) Authorize staff, subject to concurrence by the California Department of Transportation (Caltrans) and the Federal Highway Administration (FHWA), to issue Request for Proposal (RFP) No. 19-31-074-00 and future addenda to design and construct the Interstate 15/State Route 91 Express Lanes Connector (15/91 ELC) project through a design-build (DB) contract; 2) Approve the selection criteria for the selection of the apparent best value (ABV) proposer; 3) Authorize the Executive Director to select the top-ranked ABV proposer for DB services, based on the criteria identified in the RFP and addenda, and to conduct subsequent limited negotiations; 4) Authorize the Executive Director to pay, to the unsuccessful shortlisted DB proposers (or potentially all DB proposers in the case that the procurement is cancelled after the proposal due date) that submit a timely and responsive proposal, a stipend of $225,000, plus a contingency amount of $25,000 per proposer, for a total amount not to exceed $1 million; and 5) Authorize the Executive Director or designee to approve stipend contingency up to the total amount not to exceed as deemed necessary. 9L. AWARD OF CONSTRUCTION AGREEMENT WITH RIVERSIDE CONSTRUCTION FOR THE MID COUNTY PARKWAY MITIGATION SITE 1) Award Agreement No. 19-31-086-00 to Riverside Construction, as the lowest responsive, responsible bidder, for the construction of the Mid County Parkway (MCP) Mitigation Project (Project) in the amount of $1,782,653, plus a contingency amount of $267,398, for a total amount not to exceed $2,050,051; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve contingency work pursuant to the agreement terms up to the total not to exceed amount. Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 9 9M. AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR SENATE BILL 1 FUNDING OF THE FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY 1) Approve Agreement No. 19-45-101-00 with the California Department of Transportation (Caltrans) for the Senate Bill (SB) 1 funding of the Riverside County Freeway Service Patrol (FSP) program in an amount not to exceed $1,390,287; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 3) 9N. AMENDMENTS FOR CONSTRUCTION FREEWAY SERVICE PATROL TOWING SERVICES SUPPORTING THE STATE ROUTE 60 TRUCK LANES PROJECT 1) Approve the following amendments to agreements to provide Construction Freeway Service Patrol (CFSP) services for the State Route 60 Truck Lanes Project (Project) for an additional amount not to exceed an aggregate value of $500,000: a) Agreement No. 15-45-060-03, Amendment No. 3 to Agreement No. 15-45-060-00, with Airport Mobile Towing, Inc. (Airport); b) Agreement No. 18-45-131-03, Amendment No. 3 to Agreement No. 18-45-131-00, with Coastal Pride Towing, Inc. (Coastal); c) Agreement No. 17-45-061-01, Amendment No. 1 to Agreement No. 17-45-061-00, with Pepe’s Towing, Inc. (Pepe’s); and At this time, Vice Chair Benoit announced with the Commission’s permission staff would like to present Agenda Items 10, 11, 12, and 13 concurrently. 10. 2009 MEASURE A EXPENDITURE PLAN REVIEW & UPDATE Dana Reed, representing the Future Funding Initiatives (FFI) Ad Hoc Committee, provided details from the 2019 Annual Commission Workshop as the FFI Ad Hoc Committee was tasked with reviewing and making recommendations in four specific areas and came up with a proposal, which will be presented today. He expressed appreciation to Commission staff who worked diligently and went through numerous iterations as the FFI Ad Hoc Committee requested changes along the way. At this time, he requested Aaron Hake to present Agenda Items 10, 11, 12, and 13. Aaron Hake, External Affairs Director, explained there are four items being presented concurrently and this presentation is on behalf of the FFI Ad Hoc Committee that is providing these recommendations. Aaron Hake then highlighted the following areas: Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 10 • FFI Ad Hoc Committee’s assignment from 2019 Annual Commission Workshop: o Measure A Expenditure Plan review; Innovative Financing: 91 Express Lanes surplus revenue; 10-Year Western County Highway Delivery Plan; and 2020 Ballot Measure feasibility recommend to the Commission Priorities and Funding Strategy • RCTC Prioritization History: 2002 – Voters approve Measure A Ordinance & Plan; 2006 – 2009-2019 Western County Highway Delivery Plan; 2010 – Great Recession = Recalibrate Delivery Plan; 2016 – Strategic Assessment; and 2019 – Prioritization & Funding Strategy 2019-Future • Agenda Item 10 – Measure A Decennial Review o Required every 10 years by Measure A Ordinance o Does the Measure A Expenditure Plan still reflect the needs of the county today? o Amendments require ratification by cities and the County o FFI Ad Hoc Committee recommends:  No amendments  Implementation policy clarification • Agenda Item 11 – Innovative Financing o Accelerate congestion relief projects in Western Riverside County o Use 91 Express Lanes surplus toll revenue for maximum public benefit o Prioritize federal formula funds o Responsive to stated public and Commissioner priorities  91 surplus toll revenue (to 2067); Borrow against portion of surplus $228 - $467 million; and Proceeds available for projects benefitting the 91 Corrido o Agenda Items 11 and 12 – Media Attention from the Press-Enterprise o Limits of surplus toll expenditures –  Today: OC Line to I-15  Committee Recommendation: Expand east to 60/91/215, south to SR-74; and seek legislation  Rationale: Helps congestion on 91 system; and helps fund 91 and 15 deferred segments • Reimburse Measure A for 91 Investments • Agenda Item 12 – Highway priorities for the next 10 years o What can we accomplish with the resources we will have o 7 Criteria: 1. Consequence of deferring delivery; 2. Deferred projects from 2009-2019; 3. Measure A Expenditure Plan; 4. Realistic attainment of funding for something usable; 5. Minimize Measure A contributions; 6. Eligibility for restrictive funding sources; and 7. Economic benefit of constructed improvements • A Map of the 2019-2029 Western Riverside County Highway Delivery Plan o Projects in green are projects and/or phases recommended for full funding within the next 10 years Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 11 o Projects in orange will achieve partial funding o Projects in blue are partnered agency projects but there is a funding commitment or would like to assist other agencies deliver their projects o Projects in red are proposed for no action due to a lack of availability of funds • Engaging with the public on solutions: o #RebootMyCommute – Qualitative o Public opinion research – Qualitative and quantitative o #RebootMyCommute:  March 6 – June 3 = 90 days  948 comments received and reviewed (included in agenda)  Multiple tools for public to tell their stories, offer suggestions  Residents understand where investment is needed  A graphic for the comments by topic: Active transportation; economy-jobs; highways-traffic; local-streets, public transportation; safety; and express lanes  A map that depicts the location of the origin of comments  A graphic for positive public sentiment that measures public sentiment on social media from March 1 – June 7, 2019 • Agenda Item 13 – Public opinion survey:  May 22 – June 6, 2019  English and Spanish  Online and phone  Random sample of 1,511 registered voters likely to vote in November 2020  Margin of error for full sample: +/- 3.4%  Survey designed with input from FFI Ad Hoc Committee, previous surveys, focus groups o Need for additional funding for Riverside County’s transportation system graphic: great/some need – 78%; and little/no real need – 12 % o Support for a ballot measure peaks above 2/3: Initial vote total – 63%; after education – 68%; after critical statement 57% o Ballot features most important to voters by percentage o Projects most important to voters:  Western Riverside County – 1) Adding at least one lane in each direction to the 10,15,215,60,71, and 91 freeways; 2) Improving on and off-ramps and bridges; and 3) Adding new exits and off-ramps on the 15 and 215  Coachella Valley: 1) Daily train service between Coachella Valley and Los Angeles (via Riverside and Orange County); 2) Reducing bottlenecks and safety concerns on the 1-, 111, and 86; 3) Improving safety and traffic flow where the 10, 60, and 79 meet near Beaumont Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 12 o Issues most important to voters:  Western County: Free-up time; aging system; accountability; growth; local plan; and jobs closer to home  Coachella Valley: Senior independence; aging system; local control in CV; emergencies; accountability; local plan; air quality; jobs closer to home; and growth • FFI Ad Hoc Committee recommendations: o Develop a Transportation Improvement/Traffic Relief Plan and Ordinance o Enhance the Public Engagement Program o Adjust FY 2019/20 Budget o Sponsor clarifying legislation, as needed • A pyramid of the four items for approval: Measure A Review: no changes; 10-Year Western County Highway Delivery Plan; Innovative Financing: 91 Surplus Toll Revenue; and 202 Plan Education, further public opinion research • Public comments received: o Several emails received as of July 8 requesting delay of items 11, 12, and 13 o Concern over public notice, time to review:  Agenda originally posted July 2, Agenda Item 9K revised on July 3  Posted early considering holiday  January 31, 2019 public agenda and Commission action o Concern over proposed use of surplus toll revenue  Commission policy decision Commissioner Reed expressed appreciation for Mr. Hake’s thorough presentation on behalf of the FFI Ad Hoc Committee. He stated as part of the FFI Ad Hoc Committee’s report to the Commission, there are some FFI Ad Hoc Committee members that want to speak briefly. Commissioner Reed called on Commissioner Michael Naggar to speak on this matter. Commissioner Naggar explained as a member of the FFI Ad Hoc Committee they did not take this issue lightly as there was robust conversations and there were lengthy detailed meetings. He stated advocating and voted to take this to the Commission because he supports these measures, although he was not in support of these measures at the January Commission Workshop. He then discussed why he supports these measures and the innovative financing on behalf of the city of Temecula, the outreach to educate the public, and the quality of life issue. Commissioner Naggar expressed when all of this is done the measure will be put on the ballot for the voters to decide. Commissioner Harnik concurred with Commissioner Naggar’s comments. She discussed the local understanding from the responses to #RebootMyCommute, the public opinion survey, and the FFI Ad Hoc Committee in depth conversations. She stated the solutions needed today, the Commission does not have funds to fix those problems and cannot Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 13 depend on Washington, D.C. or Sacramento as the Commission must be self-reliant. Commissioner Harnik stated this is more about the economy and people and the Commission needs to consider the County in its entirety. She suggested having direct conversations with the public to be able to use the Commission’s collective local understanding, local control and implement the solutions that will provide a better quality of life. She expressed support for the solutions the FFI Ad Hoc Committee and the community came up with and encouraged the Commissioners to support these measures. Commissioner Bob Magee requested to display the 2019-2029 Western County Highway priorities map and stated this is the Commission’s 10-year project delivery plan. He expressed the projects in red are unfunded for the next 10 years and the projects in orange are only partially funded, which is not acceptable. He discussed how congestion is a quality of life issue and suggested to pursue every option to reduce travel times. He expressed the Commission needs to gain the trust of the public with the responsibility to deliver additional lane capacity, if the Commissioners agree to implement the FFI Ad Hoc Committee recommendations. Commissioner Magee noted the importance of including the Commissions continuing efforts to reform CEQA and put more dollars towards concrete and steel. Commissioner Lisa Middleton expressed appreciation for the Commissioners comments and for the FFI Ad Hoc Committee as she fully supports the recommendations. She discussed how each jurisdiction has infrastructure needs, priorities needs, and the FFI Ad Hoc Committee identified what needs to be done for the entire County. Commissioner Middleton discussed the severe storm that hit the Coachella Valley on February 14, there were no fatalities and minimal loss to buildings or infrastructures and all of that was due to past generations making the investments and decisions to build the infrastructure. She expressed the Commission has an obligation today to plan for the next 20-30 years so that those siting on the dais a generation from now are expressing gratitude to this Commission for planning ahead. Commissioner Linda Krupa referred to the 2019-2029 Western County Highway Priorities and expressed concern for the SR-79 Realignment project, which has been in red for several years. She explained one of the great things the Commission and Caltrans accomplished was the improvement from I-10 to Lamb Canyon and the Temecula to Domenigoni Parkway improvement, which improved transportation from the desert to I-215, and to San Diego. Commissioner Krupa stated it is a shortcut that goes to the Hemet city streets since the SR-79 Realignment project will not be completed. She explained what happens regionally also affects the people that live in the San Jacinto Valley due to the commuters going to jobs, due to SR-91, I-15 and SR-60, which ultimately affects the quality of life of the people living in the San Jacinto Valley. She expressed support for the FFI Ad Hoc Committee recommendations, as this is a countywide Western Riverside County regional issue and there is a need to have a thorough comprehensive plan going forward. Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 14 Commissioner Karen Spiegel confirmed the Commissioners received several emails related to Agenda Items 11, 12, and 13 and stated all but one was from the city of Corona and one from Riverside with very similar comments. She clarified as Aaron Hake noted the Commission Agenda was posted on July 2 and it was not considered a holiday weekend since 4th of July was on a Thursday. Commissioner Spiegel stated the complete Commission Agenda packet was 1,045 pages, which included Appendix D for the #RebootMyCommute, the Transit Operators CIPs, and the NEPA/CEQA Re-validation attachments. She suggested taking the time to review the Appendix D comments, as the pain is not just in Corona it is throughout the Western County and the commuters deal with it on a daily basis and the majority of the comments came from Temecula. Commissioner Spiegel expressed if the Commission chose not to put this on the ballot or on soliciting education then the Commission made the decision for the entire County. She explained the Commission will continue with the current funding, cut projects, and not give an opportunity for those Riverside County residents that would pay a half-cent sales tax to improve as it was done two decades ago. She asked Aaron Hake what the estimate would be on an annual basis. Aaron Hake replied staff estimated for the purposes of the survey $197 million and if the Commission goes forward with this staff will do a more sophisticated estimate. Commissioner Spiegel stated that is significant with those red projects that Commissioner Magee pointed out, which is why it is up to the voters to approve the half-cent sales tax. She clarified understanding the innovative financing is to accelerate congestion relief projects in Riverside County. She understands some of these emails other than wanting the Commission to delay but there are also concerns for spending surplus revenue outside the 91 Corridor. Commissioner Spiegel inquired on how this will affect the delivery plan if the Commission chooses not to and what the benefit is for Corona traffic and the surrounding areas if the Commission chooses not to do the legislation. Anne Mayer explained if the Commission chooses not to move forward with the innovative financing option that would be borrowing against the surplus toll revenue not expanding the limits to include the SR-91 and I-15 down south and not pay back Measure A. She stated this will shift projects from the green area down to the orange and she referenced all those affected projects on the map. Commissioner Spiegel stated one of the discussions at the FFI Ad Hoc Committee, which was taking the monies from the SR-91 and working within the 91 Corridor. Currently there is severe backup eastbound in the afternoons and it stops at I-15, which backs up traffic through Corona into the canyon. She explained there is a funneling of lanes due to the lane drop after the I-15 and merging in the FastTrack lanes, which causes a delay and there are only three lanes through Riverside. Commissioner Spiegel clarified this will help break up that funnel and push some of those cars through so it will not back up into Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 15 Corona as badly, which is also true going south on I-15. That is why it is a benefit of using those tolls only on SR-91 and I-15 south to relieve some of that congestion, which is a high priority. She expressed support since it will help this corridor and concurred with Commissioner Naggar’s comments, as there is infrastructure needs throughout Riverside County. She discussed how this Commission voted for the priority project to be SR-91, the delicate balance between housing and transportation, and the public understands how big this is just beyond Corona. Commissioner Reed expressed appreciation for the Commissioners comments and to Aaron Hake for an excellent job. Don Fuller expressed appreciation for Commissioner Magee and Naggar’s comments about congestion and quality of life in their cities. He expressed the choke point is located between SR-241 and I-15, which is the only way to get through that canyon. Mr. Fuller expressed concern for taking money from the surplus toll revenue for other projects, which it will not get better unless something is done at SR-241 and I-15. He discussed the meeting he attended after receiving a phone call from a person stating he is from the Corona Citizens in Favor of Increasing Taxes Committee to attend their meeting. Debbie Walsh, representing The Rural Association of Mead Valley, expressed concern for adding toll lanes and removing the carpool lanes since the citizens are paying for Measure A. She stated the Measure A investment would be a benefit to the county but adding the toll lanes is not a benefit. Ms. Walsh explained the problem is there are no real jobs in Riverside County and more warehouses are being built, which adds to the problem due to thousands of truck trips per day. She displayed a map where these developers are proposing to build warehouses outside of the industrial corridor and into residential areas. She expressed as long as people are commuting from Riverside County to other counties for jobs the problem will never be solved. Matt Olsen, a Corona resident, stated the Commission should address why there are excess toll revenues. He explained the notion of public expectation of the need for these toll lanes, which is to pay for the pavement. He stated it is fair and the residents bought off on that and currently there is excess unplanned toll revenue, because the toll fees are high due to high demand as the freeway is broken. Mr. Olsen suggested the freeway is broken due to the $1.8 billion project was reduced to a $1.2 billion project so $600 million was taken out of the 91 project. He discussed the excess toll revenue issues, the reasons for fixing the problems on the 91 Corridor, and the public expectation from 2013 with the credit ratings and soliciting investment. John Donaldson, a Mountain View Civic Organization representative, expressed appreciation for some of the comments, and recognized the Commissioners have their own communities, and have expressed genuine input from their residents. Commissioner Spiegel assisted in recognizing the challenges in Corona and concurred with Mr. Fuller’s Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 16 comments. He explained the representatives for the Mountain View Civic Organization met with the Chamber of Commerce officials in Corona, and from that conversation it was determined that Corona needs more office space with good paying jobs. He expressed concern for the additional warehouses in Corona and all the trucks will cause more traffic on SR-60 and SR-91. He suggested finding a solution that does not put more vehicles and trucks on the freeways. Sonja Alexander, resident, stated that considering Riverside County has the highest fuel costs in the nation to not burden the voters with more taxes. She recommended putting the Measure A proposal on the ballot to see what the voters want. Ms. Alexander expressed concern for the infrastructure issues and inquired about how to fix it. She expressed the #RebootMyCommute is a failure as only 948 comments in 90 days were received and she posted about this on Facebook and received over 500 comments in less than 24 hours. She discussed concerns for poor planning, cutting DIF fees, and cutting TUMF fees when development was done during the recession. She then discussed the issues with the expansion of the 91 toll roads and the Commission’s proposal to get SB 1 funds for the 91 Express Lanes. She recommended the Commission add additional Metrolink trips throughout the corridor, consider reaching out to MAC meetings, and have a better consultant do the social media outreach. At this time, Commissioner Perez left the meeting. Matt Woody, a Corona resident, stated innovative financing opportunities is good governance and an idea that has been heard about how this entity has to operate. Mr. Woody stated the Commission has to work harder and build better solutions with the help from Sacramento and Washington, D.C. Mr. Woody expressed nobody wants these additional toll lanes that are under construction with no new general purpose lanes and suggested the Commissioners vote to table this agenda item to give it more time. Jannlee Watson, Communications Chairwoman for We Are Temescal Valley Citizens Group, expressed concern for the people to the north that suggest the Commission is reneging on its promise that surplus toll revenues stay in the 91 Corridor since issues still exist. She expressed the same promise was made regarding surplus toll revenue in the I-15 Express Lanes extension. She explained one issue that directly affects those who work and use the 91 Express Lanes is the loss of a lane where the toll road ends on I-15 south, along with the dropped lane at El Cerrito Road. Ms. Watson stated there is nothing in the 2019-2029 Western Riverside County Delivery Plan where this situation is addressed. She expressed concern if legislation mandating surplus toll revenue being only used in the corridor cannot be easily changed, if the bond market takes a tumble, or if the new sales tax measure does not garner a 2/3 vote. Ms. Watson stated the #RebootMyCommute campaign was impressive as communication in the public always is but none of the public comments contained in the agenda packet stated build more toll Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 17 roads or the need for more taxes. She recommended delaying the vote in order to educate their residents on the plan. Dale Ploung, a Corona resident, suggested the Commission slows down to do the right thing, as the city of Corona does not need another failure. He expressed the citizens were told for two years during construction to tolerate it and it will get better and since the day the 91 Express Lanes opened traffic has been worse. He discussed the proposed $100 million bridge Corona is considering to go over the railroad, which will save 4-5 minutes for a few 100 cars for each cycle. Mr. Ploung expressed that commuters have to sit at Green River for 30-45 minutes and it is not fixed and it is unacceptable. He expressed concern the 91 Corridor needs to be fixed and it is intolerable. Jamie Shaver, representing MVCA, expressed concern the 91 Express Lanes is such a failure, she hopes the Commission is more thoughtful, and does better in future projects. She concurred to bring in more jobs to the local communities, although that is not the Commission’s problem. Ms. Shaver referred to taking the Metrolink and stated driving to Rancho Cucamonga Metrolink station where they can come back after 6:00 p.m. She noted Facebook would have been a good platform to get responses for the #RebootMyCommute and suggested to get a full bus system to help alleviate traffic on SR-91 since there is not one in Riverside County. Michele Wentworth, representing the Greater Corona Traffic Alliance, displayed the Commission’s I-15 project map that depicts the unbuilt pieces east of I-15 and the project map that depicts the unbuilt pieces of SR-91 east of I-15, which is the Commission’s ultimate 91 plan. She discussed spending several hours reviewing a 1,045 page agenda that included the Commission’s next generation toll lanes as the Commission is changing precedence for everyone in the corridor. Ms. Wentworth stated the Commission promised the voters where the toll lanes revenue would remain in the corridor to be spent to expedite the ultimate plan. She expressed the commuters of the County are moving through this corridor, and the County is building thousands of homes all bringing everything as projects come through to a pinch point of the I-15 to then be expedited up to the corridor again. She suggested the Commission consider what is being done today by changing the precedence and the law and saying the corridor needs to be extended. She concurred if the Commission wants to use the excess toll revenue for other projects, finish the corridor first and then it needs to be defined where the Commission is going as the entire county is being held hostage by a canyon that not too much can be done. Ms. Wentworth suggested to delay this for more discussion. Joe Morgan, a Corona resident, requested to combine his comments for Agenda Items 10, 11, 12, and 13. He expressed concern these discussions were held at an ad hoc committee with no outreach, no live stream meetings and discussions. Mr. Morgan noted Mr. Hake stated the 91 was performing above expectations and stated the people in this room have a different idea of what performance means. He expressed as far as a Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 18 transportation project this is a failure and discussed the reasons why it is a failure. He referred to the deficit of trust Mr. Hake mentioned about the 91 Project and suggested it is a trail of broken promises such as the traffic would improve, which it got dramatically worse to the south since the 91 Express Lanes opened. He discussed the issues with the excess tolls not staying with the 91 and why the Commission rescheduled the baseline date for what constitutes as excess tolls. Mr. Morgan stated in the initial Measure A the Commission did not mention toll lanes it was carpool lanes and the carpool lanes are being taken away. He referred to Agenda Item 11, and stated these excess funds were generated due to the failure of these lanes. He stated as far as raising the sales tax, educating is a two-way street and they will be out in front of stores educating the voters in order to get control over this. He suggested since the problem is in Western County the funds should remain in Western County. At this time, Commissioner Perez rejoined the meeting. Sharon Carriedo, a Corona resident, expressed extreme concern about the pieces stripped from the 91 Project. She stated from that time things have gotten increasingly worse especially when there is no other way to get through to the Inland Empire/Corona area other than SR-91 as other areas have traffic similar to SR-91. She discussed the issues with the local traffic in the Eagle Glen Parkway area having to travel out of her area to get to the shopping center and Dos Lagos and the Crossings are also affected since there is only one road. She also noted there is so much disruption in that area of the I-15 it is horrible. Commissioner Kevin Jeffries referred to Agenda Item 11 and stated the Commission has to be innovative but expressed the Commission does not have a surplus of toll revenues as the 91 Project in Corona is not done. He expressed concern the Commission has to keep its promise and finish the 91 Project, as there are elements that still need to be completed. He expressed concern for Agenda Item 12, about the proposal to take away HOV lanes convert them to toll lanes and not add any capacity. He discussed the Commission’s needs to add capacity or the Commission does not collect toll revenue, how he viewed toll lanes as the last resort of a way to build infrastructure, and about the built in bias against free lanes being funded by the state Legislature. He then discussed the SR-91 in Riverside and the plan to take away the HOV lane and covert it to a toll lane in both directions, not adding capacity. He referred to Agenda Item 13 and expressed concern for the $2 million request to educate the public on a sales tax. Commissioner Jeffries expressed currently there is the SB 1 state tax, higher DMV fees, and now the local voters need to approve another tax extension and the voters pay the highest taxes in the state. He suggested continuing Agenda Items 11, 12, and 13, since this is the first time he has been able to ask questions due to what occurred at the January Commission Workshop. He discussed his concerns with not being allowed to ask questions as the presentations were being made, instead being asked to wait until the end of the day at Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 19 the Commission Workshop, which was a fundamental right as Commissioners to question the projects as they were being presented and so he left the meeting. Commissioner Hewitt stated nowhere does it state this county has to count on more taxes and the comments being heard from the ad hoc committee members that it will take courage as there are no resources to do these projects. He concurred with Commissioner Magee’s comment about the reform of CEQA, which is only one of several issues. He discussed issues about prevailing wages, acquiring a more competitive process and get design-builds to cut these costs dramatically. Commissioner Hewitt referred to Agenda Item 13, and expressed concern this sales tax will not pass and discussed why. He expressed being against it from the beginning and cannot understand spending $4 million more that could go for some of these unfunded projects on something that has no chance at passing. He suggested the Commission postpone Agenda Items 11, 12, and 13, to receive more input. Commissioner Wes Speake clarified the 91 Project is not a Corona project, the citizens of Corona were imposed upon for three years with the promise things would get better and they have not. He suggested the entire western region has benefited and expressed appreciation for having additional capacity, but this project is not finished. He expressed concern to continue to take excess toll revenue and concurred with the previous speakers having so much excess toll revenue is a cause of it being broken. He expressed fixing that problem on the 91 eastbound and finish what the Commission started as promises that were made; he expressed gratitude the ad hoc committee came up with innovative ideas but noted this is the flaw. He cautioned the Commission from breaking this promise because this will be used in all the communities that are looking at toll lanes. He suggested a yes vote on that is wrong without a substantive change. Commissioner Speake discussed why he spent a tremendous amount of time looking at the 91 Project and the I-15 Project and that there is nothing in the 2019-2029 Delivery Plan that addresses the areas between Cajalco Road and Ontario accept for the I-15 toll lanes. He expressed the state and federal government is not helping fund projects for the Commission, and the Commission has to prioritize and do it the right way. He concurred with Commissioner Jeffries to postpone Agenda Items 11, 12, and 13. Commissioner Speake explained if staff wants to educate people show them this 10-Year Delivery Plan to demonstrate there are issues and let the people provide comments. He referred to the limits of surplus toll expenditures slide specifically No. 12 on the map, which is an auxiliary lane between Cajalco and Warwick Roads to provide commuters to be able to weave and get out of the toll lanes where they end. Commissioner Speake referred to the blue line on the map that is coming in from all the communities in the east as this is the junior Mid County Parkway, which is only four lanes but it is going to deliver a tremendous amount of traffic to Cajalco and the I-15. Commissioner Andy Melendrez expressed concern after reviewing the agenda packet that could be seen as overwhelming. He stated should this item be delayed and asked what Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 20 kind of challenges delaying the item would bring to the Commission in putting it on the ballot for 2020. Anne Mayer replied in order to have this considered on the ballot for November 2020 it would have to be approved by the Board of Supervisors to put it on the ballot no later than August 2020, and in order to get into that process it would need to be by approved by the Commission by June. She explained the reason this is coming to the Commission at this time is to provide enough time to prepare an in depth traffic relief plan, taking into account public input and Commissioner feedback, so that a plan can be developed and vetted publicly. She clarified the consequence is the longer it is delayed and assuming if the Commission decides to move forward it would be less time for public discussions and evaluation. Commissioner Melendrez expressed the work the Commission is doing is overwhelming with all the surrounding cities growing in Riverside County and it becomes a challenge. He stated as these local cities are developing it is becoming more car centric and there is no public transportation focus or walkability priority. He explained it adds to the challenges the Commission has in trying to improve the traffic flow on the freeways and this is one that will not be fixed or solved within two to three years. Commissioner Melendrez stated the sales tax extension creates some issues especially in the city of Riverside who passed a one-percent retail tax about two years ago. He explained to add another half-percent sales tax would be concerning to some of Riverside’s council members that would prefer to have some discussion on this. Commissioner Melendrez expressed appreciation for the work the ad hoc committee did and suggested continuing this agenda item for 45 days in order to have a better understanding. Commissioner Clint Lorimore referred to Agenda Item 11, Staff Recommendation No. 3, and expressed this means the Commission is being asked to change the rules this body has set in place and he does not agree with that as the Corona residents were told by the Commission what would be done. He referred to Staff Recommendation No. 4, and concurred as the Commission did put money towards the Measure A investment in the 91 Project. Commissioner Lorimore expressed empathizing for the Corona residents as there is a toll coming up I-15 through Eastvale and his understanding is there appears to be a bait and switch. He concurred these communities are connected with all these corridors and suggested to look at traffic holistically throughout the system. Commissioner Lorimore referred to Agenda Item 13 about the proposed half-cent sales tax increase and stated the Commission has a sales tax in place until 2039 and SB 1 dollars an additional 6 cents that came up as that implementation is coming down. He expressed the Commission has to do with what is coming in and be good stewards of the money. He heard from the four Commissioners they want to see this continued and if any of those were motions, he will second that. Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 21 Commissioner Perez expressed appreciation for the Commissioners comments and to the FFI Ad Hoc Committee for their good work, as well as his colleagues from the Coachella Valley. He explained being aware that most of these efforts are more specific to the Western Riverside County but being a representative of the Coachella Valley he needs to bring up a few things, as it will affect the Coachella Valley. Commissioner Perez stated looking forward to carrying on those discussions and becoming a member of the FFI Ad Hoc Committee moving forward. The polling numbers reflect they are on the side of a victory and he is also on that side and will support the efforts moving forward for all the reasons mentioned earlier from the Coachella Valley Commissioners. He discussed the individuals from the Coachella Valley and that poll about aging infrastructure, natural disasters concern, air pollution concerns, about the bypass and the concerns around the I-10, SR-86, SR-111, and economic growth and development throughout the Coachella Valley. He discussed implementing a user fee for the airport and a free trade zone in that area, rail and the future for this. He expressed process is important and the commission can have that process by approving this today and still hear the individual concerns moving forward. He expressed as far as the actual Measure he is concerned about those numbers for not being educated on the issue as it only went up 5 points to 68 percent. He concurred with the public engagement program but expressed concern for the costs associated with it but the sooner the Commission does this the better. Commissioner Perez noted South Coast Air Quality Management District is considering doing their own tax Measure for dealing with the issues of air pollution. He stated he hopes those conversations are occurring with AQMD and staff because having two tax measures at the same time will be difficult for both entities. He supports moving this forward and looks forward to meeting with his colleagues in Coachella Valley to support this, as it is necessary so it does not happen as to what is occurring with the 91 Project and the Corona residents. Commissioner Steven Hernandez stated he remembers the conversations when it was decided to allocate or to back-fund Measure A funding for the 91 Project. Also, the conversations when cities essentially delayed their projects because of the issue at the 91 and at that moment not anybody from Corona argued for a return to source. He explained in hearing the conversations and the constituents in several of the cities they matter too, their qualities of life matter, getting to their families matters, their public safety matters, and for the Commission to look at the options of what funding is available is the right thing to do. He discussed how some of the Commissioners suggested going to Sacramento and Washington, D.C. and Commissioner Hernandez concurred the Commission has done that for the last 20 years and the outcome is the Commission has to fund this ourselves, be a self-help county and be consistent in helping ourselves. He discussed the conversations from the 1988 Measure A and the outcome. Commissioner Hernandez supports these measures and expressed appreciation for the FFI Ad Hoc Committee he was part of for all their hard work and efforts. Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 22 Commissioner Brian Berkson stated he is a member of the FFI Ad Hoc Committee. He explained from the first meeting it was very clear about discussing overall regionally within the western portion of Riverside County where the issues and problems were when this initiative first passed the Measure A in 2002, where they are now and where to go in the future. He stated Commissioners Magee and Naggar were very passionate about wanting to see some projects go down their way, as they have not been receiving too many dollars for improvements in their vicinity. He discussed the questions made to staff, which was to provide heat maps, information of population growth, traffic growth in the western area and at the second meeting staff provided that and made it very clear that based on all the due diligence and research the western part of the county still has most of the transportation issues. Commissioner Berkson suggested some of the commitments need to be completed is the 91 Corridor as part of this package of items and the surplus revenue to pay back the Measure A fund. Commissioner Berkson expressed not being an advocate for paying taxes however, it gets to a point when looking at future funding when the Commission has realized there is no other source. He referred to Commissioner Jeffries’ comments and stated the 91 toll lane expansion future project in looking at replacing an existing carpool lane and turning it into a toll lane and noted he is not a proponent of doing that if the Commission is eliminating the carpool lane. Commissioner Berkson stated if the Commission is adding a toll lane and charging a toll and the Commission understands the state and federal government will not provide funding then the Commission is self-supporting and that is the way to do it. He stated the Commission was ahead of schedule on the 91 Corridor project and is on-schedule for the I-15 Corridor and these projects are done much more efficiently and are less expensive than a typical Caltrans project. He suggested as other Commissioners commented on is the environmental issues and the reform of CEQA that would be more beneficial if they were revisited by the state and federal government as that is the push that can be continued. He stated he is in support of this however he has been part of the FFI committee and had time to ask his questions so he understands with the big agenda packet if this needs to be pushed for another meeting to give others more time. Commissioner Russ Utz expressed appreciation for the FFI Ad Hoc Committee and staff for all their hard work on these items. He expressed as elected officials and as a body they are currently failing, and doing a terrible job of engaging the public and ensuring the public understands how the Commission’s processes work. Commissioner Utz stated today’s input both electronically as in person shows the Commissioners there is a serious deficit of trust in the public with what the Commission does. He explained in how the Commission made the 91 Project work when the bonding capacity was not there to fully support the express lanes by bonding the Commission looked at Measure A since there is transportation funding available and understand that is just a loan and the Commission should pay it back. Commissioner Utz expressed it is evident that everybody does not understand that even some Commissioners commented on how imperative it is to put those other Measure A projects aside the Commission borrowed the money from to do the 91 Project since the Commission has the 91 that gets national attention. He discussed Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 23 how the I-15 south of Temecula has been an ongoing issue and they are looking at reprogramming transportation dollars following the state model of road diets and bike paths that could affect freeway capacity. He stated throwing another $2 million to the 91 and it is either going be a parking lot where it is now or it will be a parking lot in Riverside, if the bottleneck issue of the canyon is not addressed it is not going to matter, and expressed compassion for the people in Corona. He stated the number one mandate of Measure A is that the Commission benefits the Riverside County residents and he does not understand how adding more capacity to further push Orange County’s traffic into Riverside benefits Riverside County residents. He referred to the 10-year map and stated according to the data given from the real estate industry Beaumont is the fastest growing city in Riverside County, Menifee is number 2 San Jacinto is number 3, and the SR-79 realignment project keeps getting pushed back. As logistics continues to move east it is a western county issue and will ultimately become an east county issue and this needs to be looked at. Currently the pathways that are represented by SR-79 are well over 60,000 car trips a day and there are dedicated highways that do not see that kind of use. He supports to table this item put more work into it, and more thought into it. Commissioner Michael Naggar stated some of the residents who came and spoke deserve a response. He concurred with Commissioner Hewitt and stated on Davis-Bacon Act and CEQA to put it on the agenda and come up with a resolution from every city and speak with one voice. He explained to some of the speakers who complained about traffic, everybody wants to live here as this is one of the premiere quality of life counties in California and there needs to be solutions. Commissioner Naggar explained many of the city’s general plans are approaching build out so it will get to a point where things will begin to stabilize over the next 20 years. He stated that in regards to logistics most trucks are off peak as it is not affordable to drive those trucks from the Ports to the Inland Empire during the day. The trucks that are on the road during the day is deliveries for ordering things online. He expressed concern for the criticism of this body as insulting does not lend itself to persuasion but if they are seeking perfect government, it does not exist in this world. By the act of the Legislature signed by the Governor Caltrans is no longer a lane adding capacity organization they are a maintenance organization, however there are some grants to help cities pay when it is a regional issue. He is sympathetic to Corona as they were promised things that were not finished but back when this was promised it was a snapshot in time when things were different. He discussed the freeway that runs through Temecula, as it is one of the 10 worst freeway sections in the United States of America; it is a Military logistics issue; and therefore Temecula applied for the Infra grant for the French Valley Parkway project. He concurred with Commissioner Perez’s comments and stated the Commission cannot do nothing and he is uncertain what delaying will do. In an effort to work with the Corona residents Temecula agreed to continue to work with everybody regionally but when speakers are stating give it all to the 91 Project and complete the Commission’s promise that is not realistic, as things have changed. Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 24 Commissioner Harnik referred to Commissioner Naggar’s comment about the premiere quality of life and reminded everyone this is the fastest growing county in California because there is a premiere quality of life offered. As another lane is being built, there are hundreds more homes being built, which makes it difficult to stay in front of the curve. Commissioner Harnik stated the Commission cannot keep doing it the same way due to the result and it has to be looked at creatively and remain agile as this is about people. She discussed CEQA and the mandated fees, and wages, which has been addressed for years in looking at Sacramento today not seeing any changes coming and cannot depend on Sacramento changing the rules they have set up that works well for them. She concurred with Commissioner Perez’s comment that process is important and what the Commission has afforded in these agenda items is a yearlong process where the Commission is encouraging public input and perhaps some solutions the Commission has not thought of. She made a motion to take the four agenda items separately starting with Agenda Item 10. At this time, Commissioner Naggar seconded the motion. Commissioner Jeffries requested to make a substitute motion: table this item until the September Commission meeting to provide the full membership that has not been well versed in all these issues to give more time to evaluate the pending projects that were never completed on SR-91, give more time to evaluate SR-91 in Riverside eliminating the HOV lanes to see if that is necessary, and to request staff to return with other options for a ballot education program that does not involve somewhere between $2 million to 4 million. At this time, Commissioner Speake seconded the motion. In response to Commissioner Reed’s clarification the motion is to adopt Agenda Item 10, Chair Benoit replied that was the first motion and now there is a substitute motion. Commissioner Reed clarified if the substitute motion has anything to do with Agenda Item 10 and clarified if this substitute motion is intended for Agenda Item 13. He requested to have a motion made on Agenda Item 10, as it seems to be noncontroversial. Commissioner Jeffries stated he did not realize that Agenda Item 10 was still pending as he thought the Commission was on Agenda Items 11, 12, and 13. He clarified his substitute motion does not apply to Agenda Item 10. M/S/C (Harnik/Naggar) to approve the 2009 Measure A Expenditure Plan Review & Update. No: Speake and Utz Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 25 Chair Benoit asked for a second on Commissioner Jeffries substitute motion to delay or postpone Agenda Items 11, 12, and 13 to the September Commission meeting. A verbal motion was made by Commissioner Jeffries and seconded by Commissioner Hewitt, electronically the motion was credited to Speake and seconded by Jeffries. The motion did not pass. No: Canyon Lake, Moreno Valley, Jurupa Valley, Calimesa, Temecula, Hemet, Perris, Lake Elsinore, District 4, Wildomar, Palm Desert, Palm Springs, Desert Hot Springs, Rancho Mirage, Indian Wells, Indio, Coachella, Cathedral City, La Quinta 11. INNOVATIVE FINANCING OPPORTUNITIES M/S/C (Harnik/Naggar) 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. No: Berkson, DeConinck, Hewitt, Jeffries, Lorimore, Martinez, Spiegel, J. Smith, Speake, Utz, and Vinton 12. 2019-2029 WESTERN RIVERSIDE COUNTY HIGHWAY DELIVERY PLAN M/S/C (Harnik/Naggar) to adopt the 2019-2029 Western Riverside County Highway Delivery Plan. No: DeConinck, Hewitt, Jeffries, Martinez, L. Smith, J. Smith, Speake, Utz, Vinton, and Zimmerman Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 26 13. COUNTYWIDE TRANSPORTATION IMPROVEMENT & TRAFFIC RELIEF PLAN AND ORDINANCE M/S/C (Harnik/Naggar) 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. No: DeConinck, Hewitt, Jeffries, Lorimore, Martinez, L. Smith, J. Smith, Speak, Utz, Welch, and Zimmerman At this time, Commissioners Hewitt and Jeffries left the meeting. 14. COACHELLA FESTIVAL SPECIAL EVENTS TRAIN PLATFORM DEVELOPMENT PROJECT M/S/C (Harnik/Perez) 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 Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 27 (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. 15. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION Commissioner Speake expressed appreciation for staff amending that and requested that there be an analysis in what it would be to convert that lane to a general purpose lane. Anne Mayer clarified on Agenda Item 9K due to the comments made staff added additional evaluation of alternatives and staff can also add another alternative that would just be a conversion to the general purpose gets added to the scope of work. Commissioner Speake stated with that he made the motion to approve. 9K. AGREEMENT WITH WSP USA INC. FOR THE COMPLETION OF THE PROJECT INITIATION DOCUMENT PHASE FOR THE RIVERSIDE COUNTY NEXT GENERATION EXPRESS LANES M/S/C (Berkson/Utz) to: 1) Award Agreement No. 19-31-058-00 to WSP USA Inc. (WSP) to provide planning and preliminary engineering services to complete the Project Initiation Document for the Next Generation Express Lanes Project (NGELP), in the amount of $1,296,110, plus a contingency amount of $99,611, for a total contract amount not to exceed $1,395,721; 2) Authorize the Executive Director, or designee, to approve an increase not to exceed $20,000 of the total amount based on the final Caltrans Independent Office of Audits and Investigations (IOAI) and Commission’s pre-award audit results; Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 28 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 4) Authorize the Executive Director, or designee, to approve contingency work up to the total not to exceed amount as may be required for the Project. At this time, Commissioner Magee left the meeting. 16. COMMISSIONERS/EXECUTIVE DIRECTOR’S REPORT 16A. Anne Mayer reminded the Commissioners the Commission will be dark in August. 16B. Commissioner Lorimore announced he found out from the Mayor of Eastvale the SR-60 will be shut down for 7 weeks starting at the end of the month and if the Commission is communicating it out to the Commissioners. He noted the Commission indicated they just found out about this project last week and that it is a Caltrans project. He requested a presentation to the Commission by Caltrans related to the closures and wanted to know about the coordination going on with the other freeway projects. Anne Mayer stated staff will coordinate with Caltrans to get out to each of the jurisdictions as soon as possible and noted Syad Raza, Caltrans District 8 is here and heard Commissioner Lorimore’s request. She stated a presentation at the September Commission meeting would be too far out as the work is ongoing. 17. CLOSED SESSION 17A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Case No. RIC1616789 17B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Agency Negotiator: Executive Director or Designee Item APN(s) Property Owner Buyer(s) 1 118-270-003 and 118-270-023 RCTC Greens Development Inc. There were no announcements from the Closed Session Items. Riverside County Transportation Commission Meeting Minutes July 10, 2019 Page 29 16. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, Vice Chair Benoit adjourned the meeting at 1:03 p.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, September 11, 2019, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. Respectfully submitted, Lisa Mobley Clerk of the Board AGENDA ITEM 7A Agenda item 7A RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Jose Mendoza, Senior Procurement Analyst Matt Wallace, Procurement Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Single Signature Authority Report BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Single Signature Authority report for the fourth quarter ended June 30, 2019. BACKGROUND INFORMATION: Certain contracts are executed under single signature authority as permitted in the Commission’s Procurement Policy Manual adopted in June 2018. The Executive Director is authorized to sign services contracts that are less than $150,000 individually and in an aggregate amount not to exceed $1.5 million in any given fiscal year. Additionally, in accordance with Public Utilities Code Section 130323(c), the Executive Director is authorized to sign contracts for supplies, equipment, materials, and construction of all facilities and works under $50,000 individually. The attached report details all contracts that have been executed for the fourth quarter ended June 30, 2019 under the single signature authority granted to the Executive Director. The unused capacity of single signature authority for services at June 30, 2019 is $362,119. Attachment: Single Signature Authority Report as of June 30, 2019 1 CONTRACT # CONSULTANT DESCRIPTION OF SERVICES ORIGINAL CONTRACT AMOUNT PAID AMOUNT REMAINING CONTRACT AMOUNT AMOUNT AVAILABLE July 1, 2018 $1,500,000.00 19-12-006-00 NetFile Form 700 E-filing and administration system 15,000.00 0.00 15,000.00 19-12-008-00 ECS Imaging, Inc.Laserfiche document management services 44,794.00 41,738.00 3,056.00 16-24-080-01 S2 Engineering, Inc.Construction Management Svcs. - La Sierra Parking Lot Expansion Project 150,000.00 144,069.06 5,930.94 19-31-023-00 Potter Handy DBA Center for Disability Settlement agreement 12,000.00 12,000.00 0.00 15-19-043-04 Macias, Gini, O'Connell State of Good Repair audited financial statements for FY18 and FY19 7,000.00 0.00 7,000.00 18-19-169-01 UCR School of Business Sales tax analysis for two additional revenue scenarios and a modified demographic forecast 16,000.00 0.00 16,000.00 19-33-048-00 Department of Toxic Substances Control Provide environmental hazard oversight and assessment for Downtown Riverside station platform expansion project 29,087.00 0.00 29,087.00 19-19-060-00 BCA Watson Pre-award audit services 150,000.00 24,050.00 125,950.00 19-31-066-00 Glenn Lukos Associates I-215/Central Project mitigation and monitoring services 150,000.00 0.00 150,000.00 18-12-137-01 Exigent Information technology support services 150,000.00 38,408.28 111,591.72 19-12-084-00 Lora Hassani Human resources consulting services 50,000.00 9,520.00 40,480.00 19-19-098-00 Keenan and Associates Risk management assessment services 20,000.00 0.00 20,000.00 19-31-104-00 Cahuilla Band of Indians MCP Mitigation - Native American Monitoring 52,800.00 0.00 52,800.00 19-31-105-00 Gabrielino Tongva Nation MCP Mitigation - Native American Monitoring 52,800.00 0.00 52,800.00 19-31-106-00 Morongo Band of Mission Indians MCP Mitigation - Native American Monitoring 52,800.00 0.00 52,800.00 19-31-107-00 Pechanga Indian Reservation MCP Mitigation - Native American Monitoring 52,800.00 0.00 52,800.00 19-31-108-00 Soboba Band Luiseno Indians MCP Mitigation - Native American Monitoring 52,800.00 0.00 52,800.00 18-31-153-01 Bechtel Infrastructure Program and Construction Management Support Services 70,000.00 0.00 70,000.00 19-31-123-00 Fairbank, Maslin, Maullin, Metz & Associates (FM3) Customer survey for 91 project 10,000.00 0.00 10,000.00 AMOUNT USED 1,137,881.00 1,137,881.00 $362,119.00 None N/A $- $- $- Jose Mendoza Theresia Trevino Prepared by Reviewed by AMOUNT USED SINGLE SIGNATURE AUTHORITY AS OF June 30, 2019 Note: Shaded area represents new contracts listed in the fourth quarter. AMOUNT REMAINING through June 30, 2019 Agreements that fall under Public Utilities Code 130323 (C) 2 AGENDA ITEM 7B Agenda Item 7B RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Matt Wallace, Procurement Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Revisions to the Procurement Policy Manual BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the revised Riverside County Transportation Commission Procurement Policy Manual (PPM) for the procurement and contracting activities undertaken by the Commission, pursuant to legal counsel review as to conformance to state and federal law; and 2) Adopt Resolution No. 19-008, “Resolution of the Riverside County Transportation Commission Regarding the Revised Procurement Policy Manual”. BACKGROUND INFORMATION: The Commission’s initial PPM was adopted in April 2007, in response to the Federal Transit Administration’s (FTA) 2006 Triennial Review. Since then, the Commission adopted a comprehensive PPM in July 2012 and approved several revisions to the PPM through June 2018 to update and comply with FTA, Federal Highway Administration, Caltrans, other state and federal, and Commission regulations. Staff updated the PPM as a result of the following: • Additional changes to the Office of Management and Budget’s issuance of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), including increased thresholds for micro-purchases and small purchases for professional services; and • Other best practices, including Executive Director’s single signature authority based on Uniform Guidance changes and contract execution. 3 Agenda Item 7B The changes to the PPM consist of the following: • Chapter 2 Procurement Generally revisions related to micro-purchase and small purchase authority, Executive Director’s single signature authority, and contract execution; and • Chapter 7 Non-Competitive and Emergency Procurements and Remedial Measures updates consistent with changes in Chapter 2. Staff recommends approval of these revisions and to adopt Resolution No. 19-008 related to the revised PPM. Attachments: 1) Resolution No. 19-008 2) Riverside County Transportation Commission Procurement Policy Manual (Revision No. 5) 4 RESOLUTION NO. 19-008 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION REGARDING THE REVISED PROCUREMENT POLICY MANUAL WHEREAS, the Commission previously adopted Resolution No. 18-008, “Resolution of the Riverside County Transportation Commission Regarding the Revised Procurement Policy Manual”; and WHEREAS, the Commission is required to comply with the Office of Management and Budget’s issuance of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance); and WHEREAS, the Commission desires to update its procurement policies and procedures to continue to be a comprehensive, useful framework and incorporate best practices for the Commission’s procurements. NOW, THEREFORE, the Riverside County Transportation Commission does hereby resolve as follows: Section 1. The Procurement Policy Manual previously adopted on June 13, 2018, is hereby replaced in its entirety by the revised Procurement Policy Manual, set forth in Attachment 1, attached hereto and incorporated herein. Section 2. The Riverside County Transportation Commission hereby approves and adopts the Procurement Policy Manual, as revised, to be effective immediately. ATTACHMENT 1 5 APPROVED AND ADOPTED this 11th day of September, 2019. _____________________________________ Chuck Washington, Chair Riverside County Transportation Commission ATTEST: _________________________________ Lisa Mobley, Clerk of the Board Riverside County Transportation Commission 6 Riverside County Transportation Commission Procurement Policy Manual (revised September _11_, 2019) ATTACHMENT 2 7 8 Riverside County Transportation Commission Procurement Policy Manual September 2019 Revision: 5 i CHAPTER 1 – PROCUREMENT PROCESS ........................................................................... 1 1.0 PURPOSE AND SCOPE ................................................................................................. 1 2.0 PROCUREMENT POLICY STATEMENT.................................................................... 1 3.0 PROCUREMENT STANDARDS ................................................................................... 2 4.0 TYPES OF CONTRACTS ............................................................................................... 6 5.0 OPTIONS ....................................................................................................................... 10 6.0 COOPERATIVE AGREEMENTS ................................................................................ 12 7.0 RECURRING CONTRACTS ........................................................................................ 13 CHAPTER 2 – PROCUREMENT GENERALLY .................................................................. 15 1.0 IMPLEMENTATION BY EXECUTIVE DIRECTOR; COMMISSION CONTROLS AND LIMITATIONS .................................................................................................... 15 2.0 PROCUREMENT OFFICER—DESIGNATION AND DELEGATION ...................... 17 3.0 PROCUREMENT OFFICER—DUTIES ...................................................................... 17 4.0 IMPLEMENTATION OF PROCUREMENT PROCEDURES AND GUIDELINES .. 18 5.0 AUTHORIZED METHODS OF PROCUREMENT; SELECTION ............................. 18 6.0 INDEPENDENT COST ESTIMATE ............................................................................ 19 7.0 COST/PRICE ANALYSIS ............................................................................................ 20 8.0 VENDOR CONTACTS PRIOR TO ISSUANCE OF A SOLICITATION .................... 20 9.0 ADVERTISING/PUBLICIZING PROCUREMENTS .................................................. 20 10.0 NON-DISCRIMINATION IN PROCUREMENT ......................................................... 21 11.0 ORGANIZATIONAL CONFLICTS OF INTEREST .................................................... 21 12.0 DUTIES OF COMMISSION STAFF REGARDING PROCUREMENTS ................... 21 13.0 INSURANCE ................................................................................................................. 24 14.0 SUBCONTRACTING ................................................................................................... 25 15.0. DETERMINATION OF FAIR AND REASONABLE PRICE ...................................... 25 16.0 CONTRACT APPROVAL, AWARD, AND EXECUTION ......................................... 26 17.0 PROTEST PROCEDURES ........................................................................................... 27 18.0 PUBLIC RECORDS REQUESTS ................................................................................. 28 CHAPTER 3 – COMPETITIVE SEALED BIDS (“LOW BID”) .......................................... 29 CHAPTER 4 – ALTERNATE DELIVERY CONTRACTS ................................................... 32 1.0 PURPOSE ...................................................................................................................... 32 2.0 PROCEDURES FOR DESIGN-BUILD CONTRACTS ............................................... 32 CHAPTER 5 – COMPETITIVELY NEGOTIATED PROCUREMENTS .......................... 34 1.0 NEGOTIATED PROCUREMENTS—GENERAL....................................................... 34 2.0 SOURCE SELECTION TECHNIQUES ....................................................................... 34 3.0 PROPOSAL EVALUATION ........................................................................................ 35 4.0 REJECTION OF PROPOSALS ..................................................................................... 36 5.0 NEGOTIATION; SELECTION .................................................................................... 36 6.0 SPECIAL PROVISIONS APPLICABLE TO ARCHITECT-ENGINEER AND RELATED SERVICES .................................................................................................. 36 9 Riverside County Transportation Commission Procurement Policy Manual September 2019 Revision: 5 ii CHAPTER 6 – SIMPLIFIED PURCHASE PROCEDURES ................................................. 38 1.0 GENERAL ..................................................................................................................... 38 2.0 REQUIREMENTS FOR MICROPURCHASES ........................................................... 38 3.0 USE OF SMALL PURCHASE PROCEDURES ........................................................... 38 4.0 PROHIBITED USE OF SMALL PURCHASE PROCEDURES ................................... 39 CHAPTER 7 – NON-COMPETITIVE AND EMERGENCY PROCUREMENTS AND REMEDIAL MEASURES ......................................................................................................... 40 1.0 NON-COMPETITIVE PROCUREMENTS .................................................................. 40 2.0 EMERGENCY PROCUREMENTS; REMEDIAL MEASURES ................................. 41 3.0 WRITTEN JUSTIFICATION FOR EMERGENCY AND OTHER NON- COMPETITIVE PROCUREMENTS ............................................................................ 42 CHAPTER 8 – REFERENCES TO APPLICABLE LAWS /REGULATIONS ................... 43 1.0 GENERAL ..................................................................................................................... 43 2.0 REFERENCES .............................................................................................................. 43 3.0 FTA/FHWA-FUNDED PROCUREMENT BY NON-COMPETITIVE (SOLE SOURCE) PROPOSALS ............................................................................................... 46 4.0 DISADVANTAGED BUSINESS ENTERPRISE AND OTHER REQUIREMENTS.. 47 5.0 GEOGRAPHICAL PREFERENCES ............................................................................ 47 6.0 REVENUE CONTRACTS ............................................................................................ 48 7.0 STATUTORY AND REGULATORY REQUIREMENTS ........................................... 48 CHAPTER 9 – DISPOSAL OF SURPLUS PROPERTY ....................................................... 51 1.0 DEFINITIONS ............................................................................................................... 51 2.0 DISPOSAL OF SURPLUS REAL PROPERTY ............................................................ 51 3.0 DISPOSAL OF PERSONAL PROPERTY .................................................................... 51 CHAPTER 10 – OTHER PROCUREMENT MATTERS ...................................................... 52 1.0 DISPUTES, CLAIMS, AND CHANGES—DEFINITIONS ......................................... 52 2.0 DISPUTES, CLAIMS, AND CHANGES—GENERAL ............................................... 52 3.0 TERMINATION ............................................................................................................ 52 4.0 BONDS, OTHER SECURITIES AND INSURANCE .................................................. 54 5.0 CONTRACT CLOSEOUT ............................................................................................ 55 CHAPTER 11 – PAYMENT ...................................................................................................... 56 1.0 COMMISSION PAYMENT PROCESS ........................................................................ 56 2.0 PROGRESS PAYMENTS ............................................................................................. 56 3.0 PROMPT PAYMENT TO SUBCONTRACTORS—FEDERALLY FUNDED AGREEMENTS ............................................................................................................. 57 4.0 PAYMENT OF RETENTION ON PUBLIC WORKS CONTRACTS ........................ 57 5.0 REQUEST FOR PAYMENT CERTIFICATION ......................................................... 57 10 Procurement Policy Manual September 2019 Revision: 5 1 CHAPTER 1 – PROCUREMENT PROCESS 1.0 PURPOSE AND SCOPE A. The Riverside County Transportation Commission (hereinafter “RCTC” or “Commission”) procures goods and services using public funds. It has a responsibility to uphold the public trust and maximize the value of public funds by using them as efficiently and cost-effectively as possible. B. This Procurement Policy Manual (Manual) sets forth a general procurement policy and set of standards that will govern the conduct of Commission procurement activities and of Commission personnel engaged in those activities. The policies contained herein are advisory, not mandatory, except as related to applicable state or federal laws, and any deviation therefrom shall not render any contract of the Commission void or voidable. This manual is for Commission internal purposes only and shall not create any rights in any third parties. Compliance with the provisions in this Manual related to state or federal funding is required in order to maintain funding eligibility. C. This Manual is intended to supersede, in its entirety, the Commission’s Procurement Policies Manual which was adopted on December 13, 2017. D. As used herein, “FHWA” refers to the Federal Highway Administration; “FTA” refers to the Federal Transit Administration; and “Caltrans” refers to the California Department of Transportation. 2.0 PROCUREMENT POLICY STATEMENT A. The Commission procurement policies establish the guidelines and policies for procuring the goods and services necessary for the Commission to carry out its responsibilities and duties. The policies are intended to maintain the integrity of the Commission’s procurement process, while ensuring that purchases are made in a cost effective, timely manner; with fair and open competition; and in accordance with all applicable laws and regulations. B. The objectives of the Commission’s Procurement Policy Manual are to: 1. Maximize the value received for the Commission’s expenditure of public funds; 2. Protect assets and/or services purchased with public funds and ensure their application in the Commission’s interests; 3. Provide all vendors an equal opportunity to provide needed goods and/or services; and 4. Protect the integrity and reputation of the Commission, its officers, and its employees. 5. Ensure compliance with state and federal funding requirements, as applicable. 11 Procurement Policy Manual September 2019 Revision: 5 2 3.0 PROCUREMENT STANDARDS A. General 1. Contract Administration System. The Commission will maintain a contract administration system that helps ensure that contractors perform in accordance with the terms, conditions, and specifications of their respective contracts. a. Contract administration activities may include the following: i. Receive, evaluate, and act on value engineering and other change proposals. ii. Negotiate cost and schedule impact related to change orders and other contract modifications. iii. Process disputes under the contract’s disputes clause. iv. Review and approve payments under any progress payments clause. v. Ensure that invoiced personnel charges are for positions and classifications included in the contract. If new positions or classifications are required, they must be included pursuant to a written contract amendment dated prior to the date costs are incurred. vi. Ensure that hourly rates and other costs are billed at the contracted rates. The contracted rates may not be changed, except in accordance with the terms of the contract, or as legally allowed based on specific findings approved by the Commission members. vii. Monitor progress and ensure timely notification of anticipated overrun. viii. Monitor financial status and advise if contract performance is jeopardized. ix. Issue task orders and ensure that the basis for payment set forth in any task order is consistent with the terms of the contract and the hourly rates included in the contract, as applicable. x. Perform property administration. xi. Ensure contractor compliance with quality assurance requirements. xii. Evaluate, for adequacy, the contractor’s engineering efforts and management systems that relate to design, development, production and testing. xiii. Evaluate and make recommendations on contractor requests for waivers and deviations. 12 Procurement Policy Manual September 2019 Revision: 5 3 xiv. Monitor contractor’s small and disadvantaged business subcontracting. xv. Ensure timely submission of required reports. xvi. Administer special clauses such as drug and alcohol testing. xvii. Receive, inspect, and accept or reject partial deliveries and final deliveries of all contract deliverables. xviii. Assist in contract close out. b. The administration of construction contracts may be further supplemented by the Caltrans Construction Manual or other manual developed for a specific project, as required. 2. Avoid Duplicative Purchases. Commission staff should regularly review proposed and planned procurements to avoid purchase of unnecessary or duplicative items. 3. Lease vs. Purchase Analysis. Where appropriate, an analysis should be made of lease versus purchase alternatives and any other appropriate analysis to determine the most economical procurement approach. 4. Value Engineering. When appropriate and in the Commission’s best interests, the Commission will encourage the use of value engineering by including applicable clauses in contracts for appropriate equipment purchases and construction projects. 5. Award to Responsive and Responsible Contractors. The Commission will make awards only to responsive and responsible contractors, as determined by the Commission, possessing the ability to perform successfully under the terms and conditions of a proposed contract. Consideration will be given to such matters as contractor integrity, compliance with public policy as implemented by applicable laws and regulations, record of past performance, and financial and technical resources. a. In connection with the responsibility determination for federally funded procurements, a check of debarment and suspension must be performed and documented in the procurement records. 6. Commission Rejection of Bids, Quotes, and/or Proposals. The Commission, to the extent permitted by applicable laws, may reject any and all bids, quotes and/or proposals and re-advertise at its sole discretion. The Commission should ensure that such rights are clearly stated in all Commission bid documents. 7. Procurement Records. Records sufficient to document the significant history of each procurement activity should be maintained and retained by the Commission in accordance with the Commission’s records retention policy. At a minimum, these records should include: a. The rationale for the method of procurement; 13 Procurement Policy Manual September 2019 Revision: 5 4 b. Selection of contract type; c. Reasons for contractor selection or rejection; and d. The basis for the contract price. 8. Specifications. The Commission will have clear and accurate contract specifications or statements of work that identify all requirements that offerors must fulfill. Additionally, written selection procedures for formal procurements shall be prepared to help ensure fair, unbiased evaluation of competing proposals. a. For federally funded procurements, the Commission is prohibited from unduly restricting competition or placing unreasonable requirements on firms in order for them to qualify to do business (e.g., unnecessary experience and excessive bonding requirements). 9. Brand Name or Equal. The use of “brand name or equal” purchase descriptions may be permitted: a. Only when an adequate specification cannot be provided without performing an inspection and analysis in time for the acquisition under consideration; and b. When minimum needs are carefully identified and those salient physical and functional characteristics of the brand name product are clearly set forth in the solicitation. c. For non-federally funded procurements, as otherwise permitted by state law. This section is not intended to impose limitations on the Commission’s ability to require a brand name when the procurement is not federally funded and is not a “public work” subject to the requirements contained in the California Public Utilities Code (PUC). 10. Audit Provisions. Every Commission contract wherein contractor or other entity is receiving Commission funds in excess of $10,000 should include a provision allowing examination and audit of records related to the contract by the Commission’s auditor for a period of three years after final payment under the terms of the contract. 11. Violations or Breach of Contract. All contracts exceeding $100,000 should include administrative, contractual, or legal remedies for violations or breach of the contract by the contractor. 12. Termination Clause. All contracts in excess of $25,000, and public works contracts in excess of $2,000, should provide for the termination of the contract for the Commission’s convenience, and all contracts should provide for the termination of the contract for default in cases of contractor breach or non-performance. Federally funded contracts in excess of $10,000 must provide for both termination for convenience and cause. 14 Procurement Policy Manual September 2019 Revision: 5 5 13. Issues not Included in the Procurement Policy Manual. If a policy, procedure or particular strategy or practice is in the best interest of the Commission and is not specifically addressed, nor prohibited by statute or case law, users of this Manual should not assume it is prohibited. Rather, the absence of direction should be interpreted as permitting the Executive Director to innovate and use sound business judgment that is otherwise consistent with law and within the limits of his or her authority. B. Written Standards of Conduct 1. Conflicts of Interest. All Commission members, officers, employees and other agents must conduct the procurement process so as to avoid conflicts of interest, real or apparent. To maintain full and open competition, no Commission member, officer, employee or other agent, or his or her immediate family member, partner, or organization that employs or is about to employ any of the foregoing individuals may participate in the selection, award, or administration of any Commission contract if a conflict of interest, prohibited by law, would be involved. For federally-funded contracts, the foregoing shall also apply when any of those individuals previously listed has a financial or other interest in the firm selected for award. In addition to the foregoing, all procurements must be conducted in accordance with the most current version of the “Conflict of Interest Code for the Riverside County Transportation Commission” adopted pursuant to the Political Reform Act of 1974 (as amended). 2. Lobbying and Gifts. Commission officers, employees, agents and Commission members must comply with applicable state and federal law regarding acceptance of gifts, gratuities, or favors from contractors, potential contractors, or parties to subcontractor agreements. For federally- funded procurements, Commission officers, employees, agents or Commission members may neither solicit nor accept gifts, gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subcontracts; provided that exceptions may apply if, as determined by the Executive Director, the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. For federally-funded procurements, nominal value shall mean under fifty dollars ($50). 3. Violations. a. The violation of these Standards of Conduct by Commission employees will subject the violator to any disciplinary proceedings or action deemed appropriate by the Executive Director. Employees may correct a violation in any manner provided for under the Political Reform Act, and its implementing regulations. b. The violation of any of these Standards of Conduct by Commission members or officers will require correction of the violation in any manner provided for under the Political Reform Act, and its implementing regulations. 15 Procurement Policy Manual September 2019 Revision: 5 6 c. Contractors or subcontractors that violate these Standards of Conduct as relates to an active federally-funded procurement may be prohibited from bidding on the procurement, or may be subject to other action as deemed appropriate by the Executive Director. d. Agents of the Commission that violate these Standards of Conduct as relates to federally-funded procurements may be prohibited from participation on behalf of the Commission on federally funded projects, or subject to other action as deemed appropriate by the Executive Director. 4. Prohibited Communications. To avoid any appearance of impropriety, instructions to bidders in solicitation documents should prohibit contacts of any kind from proposers/bidders with any Commission member or any Commission staff, other than the Procurement Officer, during an open procurement. Violation of this condition may result in immediate disqualification of a bid or proposal. This provision is not meant to prohibit communications between Commission staff and existing consultants/contractors related to existing business which the consultant/contractor is under contract to perform on behalf of the Commission. 4.0 TYPES OF CONTRACTS A. General Provisions 1. The Procurement Officer should use the types of contracts described in this Chapter for most types of procurement, except as otherwise provided for certain small purchases described hereunder in Chapter 6. Innovative contracting arrangements are not prohibited, but require the advance approval of the Executive Director or the Commission, as specified herein. 2. The “cost-plus-percentage-of-cost” method of contracting shall not be used for state or federally funded contracts. 3. The Procurement Officer, in consultation with the project manager, should select the type of contract that is most appropriate to the circumstances of each procurement, in accordance with the provisions of this Chapter. 4. In procurements by other than competitive sealed bidding, the Procurement Officer may negotiate a contract type and price (or estimated cost and fee) that will result in reasonable contractor risk and provide the contractor with the greatest incentive for efficient and economical performance. B. Selecting Contract Types 1. The type of contract to be used should be determined prior to the solicitation, and the solicitation should inform bidders of the type of contract that will be used. 2. When procurement is by competitive sealed bidding, the Procurement Officer must use a firm fixed-price contract. 16 Procurement Policy Manual September 2019 Revision: 5 7 3. Except when procurement is by competitive sealed bidding as required by law, the Procurement Officer should select the most effective contract type and should consider contract type together with the issues of price, risk, uncertainty, and responsibility for costs. The type of contract used should reflect the cost risk and responsibility assumed by the contractor or supplier. 4. The Procurement Officer should avoid the continued use of a cost reimbursement or time-and-materials contract after experience provides a basis for firmer pricing. 5. The Procurement Officer should include documentation in each contract file to show why the particular contract type was selected, except for purchase orders under the small purchase threshold. C. Fixed-Price Contracts 1. Fixed-price contracts may provide for a firm price or, in appropriate cases, an adjustable price. 2. Fixed-price contracts providing for an adjustable price may include a ceiling price, a target price (including target cost), or both. Unless otherwise specified in the contract, the ceiling price or target price will be subject to adjustment only by operation of contract clauses providing for equitable adjustment or other revision of the contract price under stated circumstances. 3. A firm-fixed-price contract should provide for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract. 4. A firm-fixed-price contract should be used for acquiring commercial products or commercial-type products, or for acquiring other supplies or services, on the basis of reasonably definite functional or detailed specifications if the Procurement Officer can establish fair and reasonable prices at the outset, including the following circumstances: a. When there is adequate price competition; b. When there are reasonable price comparisons with prior purchases of the same or similar supplies or services made on a competitive basis; c. When available cost or pricing information permits realistic estimates of the probable costs of performance; d. When performance uncertainties can be identified and reasonable estimates of their cost impact can be made, and the contractor is willing to accept a firm-fixed-price contract; or e. When required by law unless a sole source exception applies. D. Cost Reimbursement/Cost-Plus-Fixed-Fee Contracts 1. Cost reimbursement contracts provide for payment of the contractor’s reasonable, allocable and allowable incurred costs plus a negotiated fixed 17 Procurement Policy Manual September 2019 Revision: 5 8 fee, to the extent prescribed in the underlying contract and Federal Acquisition Regulation (FAR) Part 31. 2. A cost reimbursement contract establishes an estimate of total cost for the purpose of obligating funds and establishing a ceiling on expenditures that the contractor may not exceed without the approval of the Commission. 3. Cost reimbursement contracts are suitable for use when the uncertainties of performance do not permit costs to be estimated with sufficient accuracy to use a fixed-price contract. 4. The Commission must determine the adequacy of the contractor's accounting system for cost-type contracts before awarding such a contract. E. Time-And-Materials Contracts 1. A time-and-materials contract should be used only after the Procurement Officer determines: a. In writing, that no other type of contract is suitable; and b. A ceiling price to be included in the contract that the contractor shall not exceed except at its own risk. 2. A time-and-materials contract should be used only when it is not possible at the time of executing the contract to estimate accurately the extent or duration of the work or to anticipate costs with any reasonable degree of certainty or confidence. 3. A time-and-materials contract should include direct labor hours at specified fixed hourly rates that include wages, overhead, general and administrative expenses, profit, and materials required at cost. 4. The user department/project manager should ensure that there is adequate surveillance of contractor performance when a time-and-materials type contract is used. F. Labor-Hour Contracts 1. When materials are not required, the Procurement Officer may use a labor- hour contract, a variation of the time-and-materials contract. 2. The use of a labor-hour contract should be in accordance with the above- referenced provisions related to time-and-materials contracts. 18 Procurement Policy Manual September 2019 Revision: 5 9 G. Letter Contracts (Letter Of Intent Contracts) 1. A letter contract is an interim type of contractual agreement that gives the contractor a limited notice of award for the delivery of the required goods/supplies or the performance of services. 2. The Procurement Officer may us e a letter contract when the Commission's interests demand that the contractor be given a binding commitment so that work can start immediately and executing a definitive contract is not possible in sufficient time to meet the requirement. Each letter contract should be as complete and definitive as possible under the circumstances and should include clauses approved and required by the Procurement Officer. 3. The estimated cost of the definitive contract should determine the type and level of review and approval required for approval of a letter contract. 4. A letter contract may not be entered into without competition except as provided for under Non-Competitive and/or Emergency Procurements provisions of this Manual. 5. A letter contract may not be amended to satisfy a new requirement unless the new requirement is inseparable from the existing contract. Any amendment should be subject to the same requirements as a new letter contract. 6. The total value of the letter contract should be the estimated sum necessary to cover the contractor's requirement for funds before execution of the definitive contract. However, the total value of a letter contract should not, under any circumstances, exceed fifty percent (50%) of the overall price ceiling for the term of the final negotiated (i.e., definitive) contract. 7. A letter contract should contain a negotiated schedule for execution of the definitive contract, including dates for submission of the contractor's price proposal, cost or pricing data (if required), a date for start of negotiations, and a target for execution of the definitive contract. 8. The letter contract should provide that if the Procurement Officer and the contractor cannot negotiate a definitive contract because of failure to reach agreement regarding price or fee: 1) the Procurement Officer may terminate the letter contract; or 2) if a “contract definitization” clause is included in the letter contract, the Commission may unilaterally require the contractor to continue the work and the Procurement Officer may, with the approval of the Executive Director, determine a reasonable price or fee. H. Multiple Year Contracts Multiple year contracts may be used with competitive sealed bids, competitive proposals, or by non-competitive procurement. The contract term, and any extensions thereof, shall be established based on sound business judgment of the Commission. Multiple year contracting is a method by which the Commission awards a contract for a base period of one or more years, with option provisions for 19 Procurement Policy Manual September 2019 Revision: 5 10 future years' requirements. The option provision in the contract should provide for unilateral exercise at the discretion of the user department/project manager, as additional requirements and funding become available. See below under Section 5.0 of this Chapter for further information regarding Options. For federally-funded procurements, the procurement file shall document the rationale for determining the term. Considerations should include the time necessary to accomplish the purpose of the contract, competition, pricing, and fairness. I. Indefinite Delivery/Indefinite Quantity (ID/IQ) Contracts 1. The Procurement Officer may use an ID/IQ type of contract when the Commission anticipates a recurring requirement, but cannot predetermine the precise quantities of supplies or services at the time of contract award. 2. FHWA or Caltrans funded ID/IQ on-call contracts and FTA funded ID/IQ contracts for rolling stock and replacement part contracts may not exceed five (5) years. 3. ID/IQ contracts should specify maximum or minimum estimated quantities that the Commission may require during the term of the agreement. An ID/IQ contract should make no promise of exclusivity and may in fact be one of several (multiple) contracts awarded for the same item or service. 4. There are several types of ID/IQ contracts, including: a. Definite-quantity contracts b. Requirements contracts c. Indefinite quantity (IQ) contracts (commodities) d. Task order contracts (services) 5. If possible under the circumstances, the Procurement Officer should ensure that original solicitation and resultant ID/IQ contract contain both a minimum and a maximum quantities, which represent the reasonably foreseeable needs of the parties to the solicitation, and a clause stating that the estimate is not a representation to a bidder, offeror, or consultant that the estimated quantity or dollar amount above the estimated minimum will actually be required or ordered by the Commission. 6. For task orders contracts, the procurement documents and executed contracts must specify the procedures to be used in awarding task orders. Such procedures must comply with state and federal regulations, as applicable. 5.0 OPTIONS A. General 1. When it is in the best interest of the Commission, a contract option may be included providing the Commission the unilateral right to extend the term 20 Procurement Policy Manual September 2019 Revision: 5 11 of the contract and/or to purchase additional supplies or services called for by the contract. 2. Any written findings required for a contract option shall specify both the base requirement(s) and the increase permitted by subsequent options. Contract provisions setting forth the cost of the option may include, but are not limited to, the following: a. A specific dollar amount; b. An amount to be determined by applying provisions (or a formula) provided in the basic contract, but not including renegotiation of the price for work in a fixed-price type contract; c. In a cost-type contract, a stated fixed or maximum fee, or a fixed or maximum fee amount determinable by applying a formula contained in the basic contract; d. A specific price that is subject to an economic price adjustment provision; or e. A specific price that is subject to change as a result of changes to the prevailing labor rates provided by the U.S. Department of Labor (DOL) or the California Department of Industrial Relations (DIR) prevailing rates, whichever is applicable. B. Solicitation of Contracts with Options 1. If a contract provides for an option, the solicitation should include appropriate option clauses. 2. Each contract should state the period within which an option may be exercised. 3. In order to meet the requirements of this Manual for full and open competition, the option should be evaluated as part of the initial competition and be exercisable at an amount specified from the terms of the basic contract. When options have not been evaluated as part of the award, the exercise of such options will be considered a non-competitive procurement and must comply with the non-competitive procurement policies in described in this Manual. C. Exercise of Options 1. The user department/project manager, in cooperation with the Procurement Officer, should initiate the exercise of an option only after determining the following: a. That sufficient budget authority is available; b. That the requirement covered by the option fulfills an existing Commission need; and 21 Procurement Policy Manual September 2019 Revision: 5 12 c. That the exercise of the option will be the most advantageous method of fulfilling the Commission's needs, when price and other factors are considered. 2. The Procurement Officer, after considering price and other factors, should make the determination whether to recommend exercising the option on the basis of one of the following: a. A new solicitation fails to produce a better price or a more advantageous offer than that offered by the option; provided, that if it is anticipated that the best price available is the option price (or that the option provides the more advantageous offer), the Procurement Officer should not use this method to test the market; b. An informal analysis of prices or an examination of the market indicates that the option price is better than prices available in the market or that the option is the most advantageous offer; or c. The short time between the award of the contract containing the option and the exercise of the option indicates that the option price is the lowest price obtainable or the most advantageous. 3. The contract modification or other written document, which notifies the contractor of the exercise of the option, shall cite the option provision as authority for the action and should be issued within the time period specified in the contract. 6.0 COOPERATIVE AGREEMENTS A. Policy on Intergovernmental or Inter-entity Agreements To promote economy and efficiency, the Commission may enter into state and local intergovernmental agreements or inter-entity agreements, where such agreements are in the best interest of the Commission and are appropriate for procurement or use of common or shared goods and services. The use of purchasing schedules may be prohibited for federally funded procurements. Out-of-state purchasing agreements are prohibited for FTA-funded procurements. B. Memorandum of Understanding A memorandum of understanding (MOU) is a contract document describing a bilateral or multilateral agreement outlining the terms and details of an arrangement between the parties to the MOU, including each party’s requirements and responsibilities. An MOU is used when substantial involvement is expected between the Commission and another agency or entity when carrying out the activity contemplated in the MOU, and there exists some public or mutually beneficial purpose in carrying out this activity. C. Piggybacking 1. Piggybacking is the post-award use of an acceptable contract/solicitation process that allows an entity not contemplated in the original procurement to purchase the same supplies or equipment under the original 22 Procurement Policy Manual September 2019 Revision: 5 13 contract/solicitation process. 2. Piggybacking is permissible when: a. The underlying solicitation document and the resultant contract contain an assignability clause that provides for the assignment of all or part of the specified deliverables as originally advertised, competed, evaluated, and awarded; and b. For federally funded agreements, the original solicitation and resultant contract contain a minimum and a maximum quantity, which represent the reasonably foreseeable needs of the parties to the solicitation. D. California Multiple Award Schedule and State Master Agreements 1. A California Multiple Award Schedule (CMAS) and State Master Agreements are agreements established between the California Department of General Services (DGS) and multiple vendors who agree to the State of California terms and conditions, and may be used by the Commission. 2. Acquisitions based on CMAS or State Master Agreements shall be competitively bid so as to result in offers from three or more vendors including one small business, if available. If less than three offers are received, documentation of solicitation methods must be included with the contract documentation. 3. Three offers are not required for CMAS and State Master Agreements based on competition, such as Cal-Store, the Master Rental Agreement, Western States Contracting Alliance (WSCA), etc. Information on specific CMAS and State Master Agreements are available on DGS-PD’s website at: www.dgs.ca.gov/pd. 4. Notwithstanding PUC section 130232(a), Public Contract Code (PCC) sections 10298(b) and 10299(a) provide authority for the Commission to use CMAS or State Master Agreements for acquiring supplies, equipment and materials that exceed $25,000 without engaging in further competitive bidding. 7.0 RECURRING CONTRACTS A. The Commission may, on an annual basis, evaluate existing contracts for professional services that are due to expire within the next fiscal year. While some of these contracts may be placed on the calendar for a new procurement solicitation or allowed to expire because they are no longer required, notwithstanding any other provision herein, some contracts may be included in an annual recurring contracts list that must be approved by the Commission. Most contracts for professional services should be subject to a competitive process; however, there may be limited circumstances in which staff believes it is more efficient and cost effective to retain such consultants on the recurring contracts list rather than rebidding the services. Those circumstances generally are due to the consultant’s historical knowledge, unique experience, and understanding of the Commission and/or specific Commission projects. Approval of the recurring contracts list allows the 23 Procurement Policy Manual September 2019 Revision: 5 14 Commission to continue work on existing projects without interruptions and maintain consistency. 1. State or federally-funded contracts may not be included in the annual recurring contracts list. 24 Procurement Policy Manual September 2019 Revision: 5 15 CHAPTER 2 – PROCUREMENT GENERALLY 1.0 IMPLEMENTATION BY EXECUTIVE DIRECTOR; COMMISSION CONTROLS AND LIMITATIONS A. Final authority for purchasing actions and decisions rests with the Commission, except as delegated by the Commission to the Executive Director. B. The Commission authorizes the Executive Director to execute contracts approved by the Commission. The Executive Director may designate the Deputy Executive Director, Chief Financial Officer or Directors to execute contracts under his or her signature authority on his/her behalf. C. The policies set forth herein will be implemented by the Chief Financial Officer. The Chief Financial Officer has primary responsibility for ensuring that the Commission’s procurement process is in accordance with applicable laws and regulations, as interpreted by the General Counsel and Commission policy. D. The Executive Director is authorized to approve and enter into contracts on behalf of the Commission under his/her single signature authority as follows: 1. When the expenditure is less than fifty thousand dollars ($50,000) for the purchase of all supplies, equipment, materials and for the construction of all facilities and works in accordance with PUC § 130232; and 2. When the expenditure is less than twoone hundred fifty thousand dollars ($250,000150,000) for the purchase of services; however, (i) the aggregate amount of contracts executed under the single signature authority shall not exceed $1,500,000 in any given fiscal year; (ii) the aggregate value of all contracts awarded to any one entity under the Executive Director’s single signature authority shall not exceed $250,000150,000 in any fiscal year; and (iii) the Executive Director may execute contract amendments for existing contracts that do not exceed $250,000150,000. Such authority however, may not be exercised more than once during the life of any contract and may not be used to amend contracts originally executed under the Executive Director’s single signature authority. The Commission’s fiscal year is from July 1 to June 30. E. The powers of the Executive Director pursuant to Paragraph “D” above are subject to: (i) the existence and provisions of a Commission approved budget; and (ii) applicable laws and regulations. F. The Executive Director must provide the Commission with a regular report of all contracts entered into pursuant to the single signature authority provided in Paragraph “D” above, and must report to the Commission at its next regularly scheduled meeting each new contract awarded on an emergency basis or other contracts in excess of the Executive Director’s single signature authority. 25 Procurement Policy Manual September 2019 Revision: 5 16 G. Approval Limits and Solicitation Types 1. Supplies, Equipment, and Materials (PUC § 130232). PURCHASE AMOUNT SOLICITATION TYPE SOLICITATION PROCESS APPROVER Less than $1,000 Micro-purchase Informal: Commercial availability, Rotate Vendors Procurement Officer* $1,000 to $25,000 Small Purchase Informal: Three (3) Quotes Procurement Officer* $25,001 to $50,000 Formal Procurement Formal: Advertisement, Clauses, Competitive Sealed Bids Executive Director Greater than $50,000 Formal Procurement Formal: Advertisement, Clauses, Competitive Sealed Bids Commission 2. Public Works (PUC § 130232). PURCHASE AMOUNT SOLICITATION TYPE SOLICITATION PROCESS APPROVER Less than $1,000 Micro-purchase Informal: Commercial availability, Rotate Vendors, Non-Collusion Declaration, Insurance Procurement Officer * $1,000 to $25,000 Small Purchase Informal: Three (3) Quotes, Prevailing Wage, Clauses, Insurance, License, Non-Collusion Declaration Procurement Officer* $25,001 to $50,000 Formal Procurement Formal: Advertisement, Clauses, Prevailing Wage, Insurance, License, Competitive Sealed Bids, Payment Bond, Non-Collusion Declaration Executive Director Greater than $50,000 Formal Procurement Formal: Advertisement, Clauses, Prevailing Wage, Insurance, License, Competitive Sealed Bids, Payment Bond, Non-Collusion Declaration Commission * As delegated by the Executive Director 26 Procurement Policy Manual September 2019 Revision: 5 17 3. Services. PURCHASE AMOUNT SOLICITATION TYPE SOLICITATION PROCESS APPROVER Less than $10,0003,500 Micro-purchase Informal: Commercial availability, Rotate Vendors, Insurance Procurement Officer* $10,0003,500 to $50,000 Small Purchase Informal: Three (3) Quotes, Clauses, Insurance Procurement Officer* $50,001 to $250,000150,000 Small Purchase Informal: Three (3) Quotes, Clauses, Insurance; or Formal: Advertisement, Clauses, Insurance, and Negotiated Agreement, or Competitive Sealed Bids, or A/E Contract procedures Executive Director Greater than $250,000150,000 Formal Procurement Formal: Advertisement, Clauses, Insurance, Certifications, and Negotiated Agreement, or Competitive Sealed Bids, or A/E Contract procedures Commission * As delegated by the Executive Director H. In addition to the authority granted above, and except as otherwise prohibited by applicable state or federal law, the Executive Director is authorized to approve and enter into contracts on behalf of the Commission, where the relevant contract is directly related to and necessary to implement a project that has been approved by the Commission, the contract is within the approved project budget and, based on the circumstances, exercise of this authority is in the best interest of the Commission. 2.0 PROCUREMENT OFFICER—DESIGNATION AND DELEGATION A. The Chief Financial Officer is the designated “Procurement Officer” for the Commission. The Chief Financial Officer may delegate all or part of the Procurement Officer duties described in this Manual. 3.0 PROCUREMENT OFFICER—DUTIES A. The Procurement Officer has the duty to oversee all procurement activities of the Commission, and to implement the policies and standards set forth in this Manual, subject to the limitations of the authority that has been delegated to the Procurement Officer by the Commission or the Executive Director. B. The Procurement Officer may issue instructions for the implementation of Commission procurement policies. C. The Procurement Officer has the duty to ensure Commission contracts, purchase orders, modifications, and supplemental agreements are executed in accordance with established thresholds and delegated authority. 27 Procurement Policy Manual September 2019 Revision: 5 18 D. The Procurement Officer, subject to the review of the Commission’s General Counsel, has the authority to draft and determine the final form of the contract to be used for each procurement. E. The Procurement Officer should ensure that a complete record of each procurement action is maintained in accordance with the Commission’s records retention policy by establishing files containing the records of all major procurements and contractual actions pertinent to that office's responsibilities. 1. The Procurement Officer is responsible for maintaining the original contract file pursuant to applicable state and/or federal records retention policies. 2. The documentation in each contract file maintained by the Procurement Officer should be sufficient to constitute a complete history of the transaction for the following purposes: a. Providing a complete background as a basis for informed decisions at each step of the procurement process; b. Supporting actions taken; c. Providing information for reviews, audits, and investigations; and d. Furnishing essential facts in the event of litigation. F. The Procurement Officer has the duty to ensure Commission staff engaged in procurement activities are trained in the procurement requirements set forth in this Manual. 4.0 IMPLEMENTATION OF PROCUREMENT PROCEDURES AND GUIDELINES A. The Procurement Officer, in his or her discretion and subject to the review and concurrence of the Commission’s General Counsel, may adopt procurement and materials management procedures and guidelines needed to implement and supplement the policies and standards set forth in this Manual. Any such procedures and guidelines shall: 1. Provide for timely review and processing of all procurement actions; 2. Ensure that procurements proceed timely, efficiently and economically; 3. Ensure that procurements adhere to principles of good public policy practices and sound business judgment; and 4. Prohibit arbitrary actions. An example of an arbitrary action is the award of a construction contract, using the competitive sealed bids method of procurement, to a bidder other than the lowest responsive, responsible bidder. 5.0 AUTHORIZED METHODS OF PROCUREMENT; SELECTION A. Selection As part of the procurement initiation process, the Procurement Officer will determine which method of procurement is appropriate. 28 Procurement Policy Manual September 2019 Revision: 5 19 B. Authorized Methods The following methods of procurement may be used, as appropriate, in accordance with the policies and procedures included in the Procurement Manual for all federal and non-federal procurement actions contemplated under this Procurement Manual: 1. Micro Purchase Procedures, pursuant to Chapter 6 of this Manual; 2. Small Purchase Procedures, pursuant to Chapter 6 of this Manual; 3. Competitive Sealed Bid (“Low Bid”), pursuant to Chapter 3 of this Manual; 4. Competitively Negotiated Procurement, pursuant to Chapter 5 of this Manual; 5. Non-Competitive and Emergency Procurement, pursuant to Chapter 7 of this Manual; and 6. Alternate Delivery, pursuant to Chapter 4 of this Manual. 6.0 INDEPENDENT COST ESTIMATE A. An independent cost estimate is a determination of price reasonableness. An estimate shall be completed prior to the receipt of bids or proposals. Key elements of the independent cost estimate include, but are not limited to: 1. Date of the independent cost estimate; 2. Basis for the independent cost estimate, including applicable supporting documentation; and 3. The value determined by the independent cost estimate. B. The method and means of establishing the estimate may vary based on the circumstances and can range from checking historical records or published price guides to a detailed estimate in the same level of detail that is required for contractors submitting proposals. Estimates can be obtained from a design firm or in-house technical personnel for construction work or from independent third-party staff (not impacted by final procurement). C. The estimate provides the Procurement Officer with essential input during the solicitation process. Independent cost estimates may be used by the Commission to: 1. Provide a determination of value (i.e., do benefits warrant the cost); 2. Support procurement planning; 3. Determine the appropriate solicitation type and process based on the approval limits set forth in Chapter 2, 1.0(G); 4. Establish the competitive range and supplement the evaluation process; 5. Provide a basis for a price analysis, which may eliminate the need for a more burdensome cost analysis; 6. Provide a basis for development of a pre-negotiation objective; 29 Procurement Policy Manual September 2019 Revision: 5 20 7. Support the Commission’s negotiation position with contractor; and/or 8. After contract award, provide essential input with respect to contract amendments, change orders and claims. 7.0 COST/PRICE ANALYSIS A. A cost/price analysis shall be performed in connection with every federally funded procurement action, including contract modifications, and should be conducted for non-federally funded procurements. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation. B. If the contract being awarded is a cost-reimbursement type, the cost/price analysis shall address the realism of the various cost elements proposed, and where the costs are unrealistically low, an adjustment shall be made to reflect what the Commission believes the effort will actually cost given that offeror's specific technical approach as well as its direct and indirect cost rates. 1. The Commission shall, when applicable, or must, if required by law, utilize the guidelines provided in the FAR Part 31 to determine whether of the contractor’s proposed costs are reasonable, allowable and allocable. C. As applicable, the Commission shall negotiate profit as a separate element of the price for each contract in which there is no price competition and in all applicable cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 8.0 VENDOR CONTACTS PRIOR TO ISSUANCE OF A SOLICITATION A. Informational and market research contacts with prospective contractors/vendors should be circumscribed based upon legitimate, identifiable business purposes and guided by the exercise of sound judgment. The primary pitfalls to be avoided are promises or implications from Commission staff of a future contract, development by a vendor of a specification or scope of services to be used as part of a Commission solicitation that vendor intends to participate in, requests from Commission staff for complimentary services or supplies, and other activities that may create a real or apparent conflict of interest or the impression of an obligation on the part of the Commission. 9.0 ADVERTISING/PUBLICIZING PROCUREMENTS A. The Procurement Officer should use the most efficient and effective means to publicize contract actions to increase competition in accordance with the requirements of the specific procurement. B. PUC § 130232, applicable to the purchase of all supplies, equipment, materials and for the construction of all facilities and works when the expenditure exceeds twenty-five thousand dollars ($25,000), requires that notice requesting bids shall be published at least once in a newspaper of general circulation. The publication 30 Procurement Policy Manual September 2019 Revision: 5 21 must be made at least 10 days before the date for the receipt of the bids. The Commission, at its discretion, may reject any and all bids and re-advertise. C. PUC § 130238 for the purchase of computers, telecommunications equipment, microwave equipment, and other related electronic equipment and apparatus that is not available in substantial quantities to the general public requires (i) the procurement be conducted through competitive negotiation, after a finding by the Commission by a two-thirds vote that this particular procurement qualifies under PUC § 130238, and (ii) notice of the request for proposals be published at least twice in a newspaper of general circulation, at least 10 days before the date for receipt of the proposals. D. Federal Transit Administration Section 9.c of FTA Circular 4220.1F requires that invitations for bids are to be "publicly" advertised, and Section 9.d of FTA Circular 4220.1F requires that requests for proposals are to be publicized. E. Caltrans and Federal Highway Administration (FHWA) Chapter 15, paragraph 15.4 Project Advertisement, of the Caltrans Local Assistance Procedures Manual provides detailed guidance regarding advertising of FHWA- and/or Caltrans-funded projects. F. Pre-solicitation advertising prescribed in this section is not required for non- competitive, sole source, or emergency procurements processed in accordance with this Manual. 10.0 NON-DISCRIMINATION IN PROCUREMENT A. All formal contracts entered into by the Commission should contain appropriate clauses prohibiting discrimination by the contractor against any person or group of persons on account of race, color, religion, creed, national origin, ancestry, physical handicap, medical condition, age, marital status, sex or sexual orientation in the performance of the contract. 11.0 ORGANIZATIONAL CONFLICTS OF INTEREST A. An unfair competitive advantage could result if a contractor were allowed to submit a bid or proposal for work described in a specification or statement of work that the contractor itself developed. For the purpose of eliminating a potential unfair competitive advantage, and in compliance with applicable state and federal laws and regulations, a contractor that develops or assists in developing specifications, requirements, statements of work, invitation for bids, and/or request for proposals for a Commission procurement is excluded from competing for the resultant procurement, unless an appropriate waiver is issued by the Commission. All waivers will be assessed by the Commission on a case-by-case basis. 12.0 DUTIES OF COMMISSION STAFF REGARDING PROCUREMENTS A. General Procuring goods, services, and contracts for the Commission must be a cooperative effort, and it will be the responsibility of all Commission staff involved in 31 Procurement Policy Manual September 2019 Revision: 5 22 procurement to employ sound business judgment and appropriate standards of ethics and fairness to procure goods and services in a manner most advantageous to the Commission. All employees and departments are instructed to follow the procedures set forth in the Manual, as well as any instructions issued by the Procurement Officer regarding procurements. 1. For FTA-funded procurements, the user department should consider use of the FTA checklists provided in FTA Circular 4220.1F, Appendix C, which address, among other things, undue restrictions on competition, when use of brand name or equal is permitted, and other FTA requirements and limitations. 2. For FHWA and Caltrans-funded procurements, the user department shall use the Caltrans’ Local Assistance Procedures Manual for guidance and shall ensure that appropriate Commission procurement and contract forms for the relevant funding source are used. B. In order to initiate a procurement action (including amendments, procurements, exercising of available options, etc.), the user department/project manager should, at a minimum, provide the Procurement Officer with the following items, as applicable: 1. Specification, Scope of Services, or Statement of Work. For a new procurement, a complete and clearly written specification, purchase description, or statement of work suitable for either competition or for negotiation with a sole source contractor, if justified. For competitive procurements, the description must not (for federally funded procurements) and should not (for non-federally funded procurements) contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. For federally funded procurements, detailed product specifications should be avoided. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offerors must (for federally funded procurements) and should (for non- federally funded procurements) be clearly stated. 2. Changes. Changes to existing contracts, including amendments and construction change orders, must be documented pursuant to a written amendment or written construction change order, as applicable, executed by the appropriate parties, and should comply with the following. a. Amendments 32 Procurement Policy Manual September 2019 Revision: 5 23 If a contract amendment has been negotiated based upon an existing advanced pricing arrangement or labor rates/categories included in the underlying agreement, the user department/project manager should provide the Procurement Officer with a copy of the final negotiated scope of services for the extra work, associated pricing terms, and/or schedule. b. Construction Change Orders Construction change orders should follow the procedures established by the Capital Projects Department and applicable contract specifications. Documentation of the change order does not need to be provided to the Procurement Officer, but should be maintained by the user department/project manager as specified herein. If a construction change order has been negotiated based upon an existing advanced pricing arrangement or labor rates/categories included in the underlying agreement, the user department/project manager should maintain a record of the change order and supporting documentation in the project files including an independent cost estimate and cost and/or price analysis, as applicable. i. Any change order must be administered in accordance with its terms, and appropriate documentation must be generated and maintained supporting payment in accordance with state or federal requirements, as applicable. ii. All change orders must be signed by a Commission employee who is a registered civil engineer. iii. Any change order in excess of $100,000 also requires approval by the Executive Director. iv. Any change order that will increase the total contract value to an amount that exceeds the contractual authority approved by the Commission may not be executed until additional contractual authority has been obtained through the Commission. v. The Capital Projects Director is responsible for determining that change orders are processed and approved in accordance with departmental and contractual requirements. c. Changes to Federally Funded Contracts For federally funded contracts, findings must be included in the project file that the change is in the general scope of the original contract. A significant change in contract work that causes a major deviation from the original purpose of the work or the intended method of achievement, or causes a revision of contract work so extensive, significant, or cumulative that, in effect the contractor is required to perform very different work from that described in the original contract, is considered a “cardinal change” or “tag-on” contract, and is not permitted unless it meets the requirements of Chapter 8, Section 3.0. 33 Procurement Policy Manual September 2019 Revision: 5 24 3. Agreement Summary Sheet. The user department/project manager must provide a complete and executed Agreement Summary Sheet for all procurement actions, including applicable small purchases, formal procurements, MOUs, agreements, change order modifications and the like. The Agreement Summary Sheet identifies the nature of funding for the subject goods/services, provides a record that the requirement was budgeted and properly approved before the procurement process began, and ensures that the procurement action is assigned a unique agreement number for purposes of contract administration, payment, and recordkeeping. 4. Cost Estimate. The user department/project manager shall provide the Procurement Officer with a cost estimate for the anticipated procurement of goods/services. See paragraph 6.0 above for additional guidance regarding the development of an independent cost estimate. 5. Justification for Sole Source/Non-competitive Procurement (if applicable). The user department/project manager must prepare and submit to the Procurement Officer a written statement recording all the facts that provide justification for avoiding mandated competitive procurement practices explicitly defined in this Manual and/or required by relevant state and federal law in favor of a non-competitive/sole source award. The Procurement Officer must approve the sole source procurement methodology before the procurement can proceed. If the procurement is funded with state or federal funds, the appropriate findings required by the applicable funding entity must be made. For Caltrans or FHWA funded contracts, a Public Interest Finding (PIF) must be approved by the appropriate funding entity. 13.0 INSURANCE A. Contractors providing goods and services should be required to carry sufficient insurance to protect the Commission from third party lawsuits for personal injury (including death) and property damage. Insurance may also be required for damage to Commission property and for errors and omissions in the provision of professional services. B. The following types of procurement actions should be reviewed by the Procurement Officer for appropriate levels, types and limits of coverage on a case-by-case basis: 1. All operations and non-operational construction contracts. 2. All professional services contracts. 3. All contracts where work will be performed within “50 feet” of railroad. 4. All environmental contracts, including engineering services. 5. All procurement contracts and/or purchase agreements where outside vendors will be conducting work or performing installation services on Commission premises. 6. All procurement contracts and/or purchase agreements where outside vendors will be delivering products to a Commission facility. 34 Procurement Policy Manual September 2019 Revision: 5 25 C. The contract documents should ensure that Commission contractors will be required to comply with insurance requirements imposed by state and local governments. D. At a minimum, the contract documents should require the contractor and subcontractor to carry general liability, workmen's compensation, and automobile insurance coverages for public works contracts. E. In certain limited cases, the Procurement Officer may permit the contractor to substitute an approved program of self-insurance in order to obtain such approval. The contractor will have to demonstrate that it can sustain the potential losses being self-insured. F. The Procurement Officer should include insurance and indemnification provisions in equipment, supply, and services contracts in accordance with Commission policies described herein. 14.0 SUBCONTRACTING A. The Commission may consider requiring a prime contractor to perform certain tasks or a minimum percentage of the work, in order to ensure that the prime contractor maintains a specified degree of control over the project. B. Approval of contractor proposed subcontractors usually involves an evaluation of three primary areas: 1. Assurance that the prime contractor has included the required “flow-down” provisions (clauses) from the prime contract in the subcontract. 2. The prime contractor’s compliance with the Disadvantaged Business Enterprise (DBE) requirements in its prime contract. 3. Assurance that the prime contractor has selected its critical subcontractors in a prudent fashion, so as to protect the Commission’s interests. 15.0. DETERMINATION OF FAIR AND REASONABLE PRICE A. The Procurement Officer should determine, in writing, that the price to be paid to the successful offeror is fair and reasonable. Typically, adequate price competition is sufficient to establish price reasonableness; however, price reasonableness may also be established through: 1. Prices established by law or regulation; 2. Published catalog or market price for commercial product sold to the public in substantial quantities; 3. Previous or relevant historical pricing for same or similar terms; 4. Valid cost estimate; 5. Value analysis; or 6. Cost/price analysis. B. Single Offer/Lack of Adequate Competition 35 Procurement Policy Manual September 2019 Revision: 5 26 1. Upon receiving a single bid or single proposal in response to a solicitation, the Procurement Officer should determine if competition was adequate. a. Such determination should include a review of the specifications for undue restrictiveness and may include a survey of potential sources that chose not to submit a bid or proposal. b. If the results of the review are that the scope of work was so restrictive that only one firm could have responded, then there is a lack of competition. The Procurement Officer should (1) cancel and re-procure the solicitation or (2) treat the solicitation as a sole source procurement, if it meets the requirements of Chapter 7 of this Manual. c. If the results of the review are that the scope of work was not restrictive and more than one firm could have responded, then there is adequate competition. The Procurement Officer may recommend an award of the agreement to the single offeror, as determined by the Commission, in accordance with this Manual and in accordance with applicable legal requirements. 2. When the price variance between multiple responses reflects a lack of adequate competition, the Procurement Officer may re-solicit quotes or, if appropriate, recommend an award of the agreement to the lowest or best offeror, as determined by the Commission, in accordance with this Manual and in accordance with applicable legal requirements. 3. A recommendation for award under either of the above circumstances should include a statement in the contract file giving the basis for the determination (e.g., that there was adequate competition and/or the pricing terms are fair and reasonable). 16.0 CONTRACT APPROVAL, AWARD, AND EXECUTION A. Following authorization for contract award by the Commission, the following actions should be taken: 1. The Procurement Officer requests all Commission required documents and contract contingency requirement (e.g., bonds, proof of insurance) from the successful contractor. 2. The Procurement Officer conforms and sends copies of the final contract or amendment to the contractor for signature, and obtains the appropriate Commission authorization by ensuring full execution of the contract. 3. The contract or amendment may be executed in one or more counterparts. The Procurement Officer may accept facsimile signatures, including signatures transmitted via electronic mail, as original signatures. If the Commission adopts an electronic signature policy, the Procurement Officer may accept electronic signatures. 3.4. After full execution of the contract and the contractor’s submittal of the required contract contingency items, unless otherwise agreed, the 36 Procurement Policy Manual September 2019 Revision: 5 27 Procurement Officer coordinates with the user department/project manager to prepare a "Notice to Proceed" letter, if required. 4.5. The Procurement Officer transmits a fully executed original copy of the contract to the contractor. Conformed copies should be sent to the project manager for use in the administration of the contract. 5.6. Contract Administration Responsibilities a. The user department/project manager conducts all further coordination on technical issues between the contractor and the Commission, subsequent to the issuance of the “Notice to Proceed” letter. b. Issues affecting the business or legal terms in the contract and/or requests for modification or supplemental agreements to the contract should immediately be brought to the attention of the Procurement Officer. c. The contract and all documents pertaining thereto should be maintained by the Procurement Officer, except for construction change orders which will be maintained by the project management team. 17.0 PROTEST PROCEDURES A. Under formal procurement processes described under this Manual, an interested party that has timely submitted a bid or proposal in response to any procurement of the Commission may file a protest objecting to the award of a contract. B. In order for a protest to be considered properly and timely filed, the protest must: 1. Be filed in writing with the Executive Director of the Commission, within seven (7) calendar days after (i) all requests for clarifications and requests for approved equals have been answered by the Commission or, if no requests for clarification or approved equals are received, after the period for requests for clarifications or approved equals has closed; (ii) after the Commission takes action, or such other time period as may be specified in the solicitation document; or (iii) the date certain contained in the solicitation for any solicitation for which a contract award is not made by the Commission. 2. Be filed by an actual bidder or proposer responding to the procurement and signed by a properly authorized representative. No other party has standing to protest or is considered an interested party. 3. Identify the specific procurement number involved. 4. Identify the specific recommended action or decision being protested. 5. Specify in detail the grounds for the protest, the facts supporting the protest and the status of the protester. 6. Include all relevant supporting documentation with the protest at the time of submittal. 7. Describe the resolution to the protest desired by the protesting party. 37 Procurement Policy Manual September 2019 Revision: 5 28 If a protest does not comply with each of the seven (7) requirements listed above, the protest will not be considered and will be returned to the protester. C. The Procurement Officer will attempt to resolve a properly filed protest or perform additional fact-finding, including establishing a protest evaluation team to evaluate the merits of the protest. The Procurement Officer, in consultation with the Commission’s General Counsel, will prepare a recommended resolution of the protest for consideration by the Executive Director. The Executive Director will review the recommendation of the evaluation team and will render a determination to uphold or deny the protest. D. If the Executive Director’s decision is to deny the protest, the solicitation may be continued without further delay or the contract will be recommended to the Commission for award, or executed, if previously awarded by the Commission subject to resolution of the protest. If the Executive Director’s decision is to uphold the protest, a recommendation will be made to the Commission to amend the solicitation and the date for receipt of proposals or bids, reject all proposals or bids, cancel the request for proposals or invitation for bids and solicit new proposals or bids, award the contract to another proposer, or other such actions as he/she deems appropriate. E. The Executive Director’s decision shall be final, and there shall be no further administrative recourse at the local level, except for protests related to federally funded procurements. F. The procedures set forth in this Chapter 2, Section 17.0 are not intended to reduce or restrict protest rights specifically provided under applicable funding agreements, or state or federal laws authorizing the use of money funding applicable contracts. 1. In any procurement involving FTA funds, the Procurement Officer shall disclose information regarding the protest to FTA and shall keep FTA informed about the status of the protest. 2. An interested party that has filed a protest must exhaust all administrative remedies with the Commission before pursuing a protest with FTA. G. A debrief will be available for proposers to whom award was not made, for a period of ten (10) days following award of the contract by the Commission. 18.0 PUBLIC RECORDS REQUESTS A. All requests for procurement related records and/or information must be submitted to the Clerk of the Board for appropriate action. Procurement related records should not be disclosed as public information until staff recommendation for award has been forwarded to all interested parties or as otherwise appropriate under the California Public Records Act and applicable state and federal laws, guidelines and requirements. 38 Procurement Policy Manual September 2019 Revision: 5 29 CHAPTER 3 – COMPETITIVE SEALED BIDS (“LOW BID”) A. PUC § 130232 requires that the purchase of all supplies, equipment, and materials, and the construction of all facilities and works, when the expenditure required exceeds twenty-five thousand dollars ($25,000), must be by competitive sealed bidding, also known as “low bid”, contracting, with the contract let to the lowest responsive, responsible bidder. Notice requesting bids must be published in at least one newspaper of general circulation. The publication must be made at least ten (10) days before the date for receipt of bids; however, based on the nature of the procurement, a longer period of time shall be provided, as necessary, to ensure that bidders are allowed adequate and sufficient time to prepare bids before the date of bid opening. The resulting contract will be a fixed price contract. B. In order for competitive sealed bidding to be most effective, the following conditions should be present in the development of an Invitation for Bids (IFB): 1. A complete, adequate and sufficiently generic specification is developed; 2. Adequate competition is available in the marketplace (two or more responsive and responsible bidders will compete); and 3. The procurement lends itself to a firm-fixed price contract. C. Discussions and Communications 1. Bids shall be evaluated without discussions with bidders. 2. Information concerning proposed procurements should not be released outside the Commission before an IFB is released, except for pre- solicitation notices and publicly available general project information. D. Pre-Bid Conferences 1. The Contracting Officer may use pre-bid conferences to explain procurement requirements. 2. If the Commission requires any type of mandatory pre-bid conference, site visit, or meeting, the IFB should include the time, date, and location of the mandatory pre-bid site visit, conference or meeting, and when and where project documents, including final plans and specifications are available. Any mandatory pre-bid site visit, conference or meeting should be no sooner than a minimum of five (5) calendar days following the publication of the IFB. E. Bid Addenda 1. If it becomes necessary to make changes in quantity, specifications, delivery schedules, opening dates, or other items, or to correct a defective or ambiguous IFB, the change should be accomplished by addendum of the IFB. 2. Addenda to an IFB should be identified as such and should require the bidder to acknowledge receipt of all addenda issued. 39 Procurement Policy Manual September 2019 Revision: 5 30 F. Time Of Bid Receipt The IFB should specify a time for receipt of bids. Bids must be received in the office designated in the IFB not later than the time identified in the IFB. G. Late Bids Unless otherwise specified in a particular bid solicitation, bids are considered late based on the time clock at the 3rd floor Commission Receptionist Desk, located at 4080 Lemon Street, Riverside, CA 92501. Bids are considered late if the time stamped by the Commission upon receipt of the bid is later than the deadline/time identified in the IFB. Late bids will not be accepted by the Commission, unless a bid is late owing solely to Commission mishandling or some other legitimate extenuating factor, as determined in the Commission’s sole discretion. H. Receipt Of Bids As bids are received, the Procurement Officer should secure and safeguard the bids until the established time for bid opening. I. Opening Of Bids The Procurement Officer will coordinate the bid opening. All bids over $25,000 for supplies, equipment, and materials and the construction of all facilities and works received prior to the bid submission deadline will be publicly opened, read aloud to the persons present, and recorded. Bid opening documentation should include the date, time, and place of bid opening and a tabulation of bidder names and related bid amount. Such bid opening documentation should include the signature of at least one witness. J. Recording Of Bids Construction bids over the small purchase threshold of $25,000 that are publicly opened will be recorded on a bid summary or bid tabulation sheet. The Procurement Officer should certify the accuracy of the bid summary sheet by placing his/her signature thereon. The Commission’s Procurement Officer should ensure that these results are posted on the Commission internet site within a reasonable time after bid opening. K. Tie Bids If two or more responsible and responsive bids are received for the same total or unit price, quality and service being equal, the Commission shall establish a date and time to draw lots, which shall be accomplished by tossing a coin or pulling bidder names out of a hat, to determine the winner. Using the lottery method, the Commission shall: 1. Advise the tied bidders in writing that a tie has occurred, advise them a winner will be determined by drawing lots, and invite them to attend the drawing. 2. Conduct the drawing of lots on the date and time previously established with at least two individuals as witnesses. The procurement file should reflect the names, titles, and departments of the witnesses. If the witnesses 40 Procurement Policy Manual September 2019 Revision: 5 31 are not Commission staff, the name, organization, address, and telephone number of the individuals should be listed. 3. Declare the winner of the drawing of lots as the apparent low bidder for bid evaluation and award purposes. L. Alternative Sources of Procurement Authority Notwithstanding the requirements of PUC § 130232, and the provisions set forth in this Chapter, the Commission may use Cooperative Agreements (as described in Chapter 1, Section 6.0) where such use is otherwise permitted by law. 41 Procurement Policy Manual September 2019 Revision: 5 32 CHAPTER 4 – ALTERNATE DELIVERY CONTRACTS 1.0 PURPOSE A. For the purposes of this Chapter, “Design-Build” means a method of procuring design and construction from a single source. The selection of the single source occurs before the development of complete plans and specifications. For the purposes of this Chapter, “CM/GC” means a project delivery method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The structure of the contract for such services is within the discretion of the Commission. For the purposes of this Chapter, “Alternate Delivery Method” means Design- Build, CM/GC or any other alternate method of project procurement or delivery which the Commission is authorized by law to utilize. B. As set forth in PCC Section 6820, et. seq., the Commission is authorized to utilize Design-Build for projects on or adjacent to the state highway system, including related non-highway portions of the project, based on either best value or lowest responsible bid. C. As set forth in PCC Section 6700, et. seq., the Commission is authorized to utilize the Construction Manager/General Contractor (CM/GC) method, contingent upon delegation of authority by Caltrans, for two highway projects in Riverside County. D. As set forth in AB 115 (Chapter 20, Statutes of 2017), the Commission is authorized to utilize CM/GC for the 91 Toll Connector to Interstate 15 North project. E. As set forth in PCC Section 6700, et. seq., the Commission is authorized to utilize CM/GC method for certain expressways that are not on the state highway system, provided that the required findings are made, consistent with PCC Section 6701, and the Commission adopts the CM/GC method. F. As set forth in AB 115 (Chapter 20, Statutes of 2017), the Commission is authorized to amend or change any existing contract for the Interstate 15 express lanes construction project or the State Highway Route 91 express lanes to include work or services on the 91 Toll Connector to Interstate 15 North project, if the Commission, with the concurrence of Caltrans, finds that to be a cost-effective method to accelerate the delivery of that project. 2.0 PROCEDURES FOR ALTERNATE DELIVERY CONTRACTS A. The Executive Director may adopt any lawful methods, procedures and criteria that he or she determines are in the best interest of the Commission. B. The Toll Program Director, through coordination with the Procurement Officer, will prepare documents for the solicitation of proposals for highway-related Alternate Delivery procurements. 42 Procurement Policy Manual September 2019 Revision: 5 33 C. Where an Alternate Delivery Method does not require a solicitation of proposals, the Toll Program Director shall, through coordination with the Procurement Officer, prepare the contract documents for such procurement. D. The documents prepared for Alternate Delivery procurements shall control over any conflicting provisions contained herein. E. The Commission shall use a procurement method permitted by law and appropriate for the elements of the services (design v. construction) representing the preponderance of work and having the greatest cost, even though other necessary services would not typically be procured by that method. For example, the construction costs of a Design-Build project are usually predominant, so the Commission would use competitive negotiations or sealed bids for the entire procurement rather than the qualification-based “Brooks Act” procurement procedures. 1. The use of the Design-Build procurement method for FTA-funded projects shall comply with FTA Circular 4220.1F, Section VI.3.h. 2. The use of the Design-Build procurement method for FHWA-funded projects shall comply, as applicable, with any requirements specified by Caltrans in the relevant project agreements. 43 Procurement Policy Manual September 2019 Revision: 5 34 CHAPTER 5 – COMPETITIVELY NEGOTIATED PROCUREMENTS 1.0 NEGOTIATED PROCUREMENTS—GENERAL A. This Chapter outlines the Commission's procedures for competitively negotiated procurements for contracts: 1. Not legally required to be procured through the low-bid competitive procurement method pursuant to PUC §130232; and 2. Intended to be awarded on the basis of both price and non-price factors. B. A procurement is “negotiated” if discussions, negotiations, or other exchanges between the Commission and the offerors are anticipated and planned in order to maximize the Commission’s ability to communicate, understand, and obtain the best value for contract award. 1. The exchanges involve bargaining, persuasion, alteration of assumptions and positions, and give-and-take applied to price, schedule, technical requirements, type of contract, and other proposed terms. 2. The exchanges after establishment of the competitive range of price and terms are done with the intent of allowing the offeror to revise its proposal, once and potentially several times. C. Though not an all-inclusive listing, competitively negotiated procurements can be used for the following types of procurements: 1. Professional services contracts for non-architect-engineer related services; miscellaneous service contracts; 2. Architect-Engineer and related services contracts as further defined and subject to the limitations specified in Section 6.0 of this Chapter; 3. Specialized equipment, computers, telecommunications equipment, microwave equipment and other related electronic equipment and apparatus; or 4. Best Value, Alternate Delivery contracts described in Chapter 4. 2.0 SOURCE SELECTION TECHNIQUES A. The Procurement Officer can choose from a range of source selection techniques for the competitively negotiated process based on: 1. What is suitable for the specific circumstances of a requirement, and 2. Which technique provides the best opportunity to tradeoff price/cost and qualitative benefits in order to gain the best value for the Commission. B. In acquisitions where the requirement is clearly definable and the risk of unsuccessful contract performance is minimal, and excluding contracts for Architect-Engineer and related services, cost or price may play a dominant role as a significantly important evaluation factor for award. 44 Procurement Policy Manual September 2019 Revision: 5 35 C. On the other hand, the less definitive the requirement, a requirement for technical superiority, more development work required, or the greater the performance risk, then the technical or past performance considerations play a more dominant role as significantly important evaluation factors for award. D. The Commission obtains best value in negotiated acquisitions by using any one or a combination of selection approaches wherein the relative importance of cost or price may vary with other non-cost or price factor(s). The Procurement Officer and user department/project manager shall select an approach that will provide the Commission with the best offer based on the requirements, and on applicable legal requirements. E. All evaluation factors associated with a particular proposal shall be identified along with their relative importance. The Procurement Officer, in cooperation with the user department/project manager, may utilize explicit factors, price performance trade off, technically qualified/lowest price or other reasonable and appropriate means of evaluating proposers. F. Proposals will be solicited from an adequate number of qualified sources. In determining sources to solicit, the Procurement Officer should use all reasonable means available to ensure that an adequate number of potential qualified proposers receive the solicitation in order to obtain maximum fair and open competition. 3.0 PROPOSAL EVALUATION A. The evaluation factors that will be considered in evaluating proposals shall be tailored to each procurement and shall include only those factors that will have an impact on the source selection decision. The evaluation factors that apply to a particular procurement and the relative importance of those factors are within the broad discretion of the Procurement Officer and/or the user department/project manager. B. The Procurement Officer shall establish a formal evaluation committee, of at least two persons, referred to as the “Evaluation Committee.” The size of an evaluation committee should be (1) based on the size and complexity of the goods or services being procured and (2) well balanced and represented by individuals involved with the procurement and/or affected by the goods or services being procured. The Evaluation Committee will be charged with responsibility for evaluating proposals, short listing firms, establishing a competitive range, and/or recommending a firm or firms for contract award. 1. Personnel engaged in the evaluation process shall not discuss or reveal information concerning the evaluations except to those individuals participating in the same proceedings and only to the extent that information is required in connection with such proceedings. 2. Divulging information during the evaluation, selection, and negotiation phases to offerors or to personnel not having a need to know is prohibited as it could jeopardize the evaluation process and resultant award. 45 Procurement Policy Manual September 2019 Revision: 5 36 C. The Evaluation Committee will evaluate each proposal in accordance with the evaluation criteria in the solicitation. The Evaluation Committee’s selection decision is subject to the final approval of the Commission or the Executive Director, as required under this Manual. 4.0 REJECTION OF PROPOSALS A. The Evaluation Committee may reject all proposals received that are determined not to be in the competitive range, including those proposals made by offerors who refuse to execute any reasonably required representations and/or certifications. B. The Executive Director may, in his or her discretion, do any of the following (i) reject any or all proposals received, (ii) cancel the procurement process, and/or (iii) direct commencement of a new procurement process for the same services because: 1. All otherwise acceptable proposals received are at unreasonable prices; 2. The proposals were not independently arrived at in open competition, were collusive or were submitted in bad faith; or 3. For other reasons, rejection is clearly in the Commission’s best interest. 5.0 NEGOTIATION; SELECTION A. The methods and procedures for selection and negotiation will be determined by the Procurement Officer, in coordination with the user department/project manager, and set forth in the request for proposals. 6.0 SPECIAL PROVISIONS APPLICABLE TO ARCHITECT-ENGINEER AND RELATED SERVICES A. This Section prescribes guidelines and requirements for the procurement of Architectural-Engineering (“A-E”) and related services. A-E Services are defined as professional services of an architectural or engineering nature that are required by law to be performed by a registered or licensed architect or engineer. Related services include: land surveying and construction project management. For the procurement of A-E and related services, the Procurement Officer shall follow the procedures set forth in this Section 6.0, in addition to the pertinent procedures set forth elsewhere in this Chapter. B. If the procurement is for A-E and related services, the selection must be based on the demonstrated competence and qualifications of prospective contractors, and shall comply with Government Code 4525, et seq., and, when applicable, the laws and regulations that govern the procurement of design-related services with federal funds (see e.g., Title 23 U.S.C. 112, Letting of Contracts and 23 CFR 172, Administration of Engineering and Design Related Service Contracts). These services shall be acquired based on a two-step, sealed bidding procedure, whereby qualifications are presented in a separate sealed envelope from a firm’s price proposal. The proposals shall be evaluated based on qualifications only, and price negotiations shall then be commenced with the proposer determined by the Commission to be most qualified. If the Commission is unable to negotiate satisfactory terms, at a fair and reasonable price, with the proposer considered to be 46 Procurement Policy Manual September 2019 Revision: 5 37 most qualified, then negotiations shall be terminated with that proposer and commenced with the next most qualified proposer. This process shall be continued with successive qualified proposers until agreement is reached that is determined to be fair and reasonable. 47 Procurement Policy Manual September 2019 Revision: 5 38 CHAPTER 6 – SIMPLIFIED PURCHASE PROCEDURES 1.0 GENERAL A. Procurement of materials, supplies, or services by the Commission should adhere to the procedures in this Manual, as described in Chapter 2, Section 1.G. The procedures ensure that the appropriate authorizations are secured for the type of procurement made, and that the minimum requirements associated with the materials, equipment, supplies or services requested are procured in a fair and open manner. B. This Chapter sets forth the procedures for small purchases and other simplified purchase procedures. These purchases should be made competitively except where it is in the best interests of the Commission to accomplish such purchases non- competitively. Justification for such non-competitive procurement should be made, in writing, and maintained in the procurement record. 2.0 REQUIREMENTS FOR MICROPURCHASES A. If the purchase price for required supplies, equipment, services and/or materials is considered a micropurchase as defined in Chapter 2, Section 1.G, then multiple quotes are not required; however, such purchases should be fairly priced using a purchase technique that best serves the needs of the Commission, and rotated among commercial vendors offering competitive pricing. B. Micropurchases may be accomplished by securing one proposal or quotation from a commercial vendor offering supplies, equipment or materials to the public in substantial quantities and the price is deemed to be fair and reasonable. a. For federally-funded procurements, the determination that the price is fair and reasonable and how the determination was derived must be included as documentation in the procurement file. C. If oral quotes are obtained, written record of the quotes should be retained. The record should include, at a minimum, vendor name, telephone number and address, name of person providing the quote, and terms. 3.0 USE OF SMALL PURCHASE PROCEDURES A. For small purchases as defined in Chapter 2, Section 1.G, staff should obtain a minimum of three (3) written quotations with reasonable efforts to include at least one Disadvantaged Business Enterprise (DBE) vendor and, when practicable and appropriate, an award should be made on the basis of lowest price. B. For public works projects (i.e., maintenance, repair or construction work) and planned solicitations for services defined as small purchases in accordance with Chapter 2, Section 1.G, review by the Procurement Officer prior to the solicitation of quotes is required in order to ensure compliance with relevant insurance requirements, applicable legal mandates, e.g., insurance, bonding, prevailing wage, and payroll records. C. The Procurement Officer should use and/or authorize the Small Purchase Procedures that are most suitable, efficient, and economical based on the 48 Procurement Policy Manual September 2019 Revision: 5 39 circumstances of each procurement and determine that the price is fair and reasonable. 4.0 PROHIBITED USE OF SMALL PURCHASE PROCEDURES A. The Procurement Officer and or Commission staff may not divide, split or fragment a procurement totaling more than the Commission’s small purchase limitation into several purchases that are less than the limit in order to use the Small Purchase Procedures. 49 Procurement Policy Manual September 2019 Revision: 5 40 CHAPTER 7 – NON-COMPETITIVE AND EMERGENCY PROCUREMENTS AND REMEDIAL MEASURES 1.0 NON-COMPETITIVE PROCUREMENTS A. The non-competitive procurement of non-federally funded goods and services, which otherwise require competitive procurement may be authorized under one or more of the following circumstances, subject to any minimum Commission vote required by applicable law: 1. The Commission has advertised the contract as required by this Manual and has undertaken reasonable efforts to solicit potential contractors, but has determined that competition is inadequate; 2. There is only a single source of supply available, or only one contractor is qualified to provide the service or product; 3. The goods or services are to be provided by a government or other public entity; 4. The goods or services are to be provided pursuant to an amendment of an existing contract that does not materially alter the terms and conditions of the contract (other than to extend the term and/or increase compensation to provide for the extended term or for additional goods/services to be provided under substantially the same terms of the original contract), provided that such renewal, extension or amendment is authorized or permitted by the contract; 5. The equipment to be purchased is of a technical nature and the procurement thereof without advertising is necessary in order to assure standardization of equipment and interchangeability of parts; 6. The item to be purchased is a capital maintenance item that is available only from the original manufacturer or supplier or is required to maintain system operational compatibility and connectivity with the existing system(s); 7. The contract is for employment services; 8. The contract is one for which only per diem and travel expenses are paid and there is no payment for services rendered; 9. The Commission is piggybacking on an existing agreement between a contractor and any public agency or entity within the County of Riverside and/or the County of San Bernardino, or other public entities if: (a) the proposed Commission contract is for the same material scope of work as the other contract; (b) the proposed Commission contract contains substantially the same terms as the other contract; and (c) the other contract was competitively procured in accordance with requirements applicable to such other agency’s procurements; 10. The provisions listed under Chapter 8, Section 3.0 regarding federally funded sole source, non-competitive, sole source procurements are applicable; or 50 Procurement Policy Manual September 2019 Revision: 5 41 11. Except as may otherwise be limited by applicable law, the Commission determines that a non-competitive procurement is in the public interest and in the best interest of the Commission. B. Except as limited by applicable law, the Executive Director shall have authority to determine that non-competitive procurements are permitted under paragraph A, subparagraphs (1) through (11) for contracts for amounts less than or equal to $250,000150,000. Commission approval is required for contracts over $250,000150,000. Each decision to proceed with a non-competitive procurement must be supported by a written justification that is approved by the Executive Director or Procurement Officer, as required under this Manual. C. The Procurement Officer will take action, whenever possible and in coordination with the user department/project manager, to avoid the need to continue to procure the same supply, service, or construction without competition. D. A non-competitive or sole source procurement, where competition is legally required, should not be justified on the basis of any of the following circumstances: 1. The lack of adequate advance planning for the procurement of the required commodities, services, or other items; 2. Delays in the procurement caused by administrative delays, lack of sufficient procurement personnel, or improper handling of procurement requests or competitive procedures; or 3. Pending expiration of budget authority. E. The Procurement Officer should ensure that each non-competitive contract contains all of the required clauses, representations, and certifications, in accordance with the applicable laws, regulations, or Commission adopted policy. F. The Procurement Officer should ensure that proper records of each non-competitive procurement are maintained. 2.0 EMERGENCY PROCUREMENTS; REMEDIAL MEASURES A. The Commission may award a contract on an emergency basis if the requirement is essential to deal with an existing emergency condition, as defined below in Paragraph “B”, and the Executive Director may award a contract when necessary as a remedial measure as defined below in Paragraph “C”. The emergency procurement of supplies or services and procurements as a remedial measure should be limited to quantities and time periods sufficient to meet the immediate threat and should not be used to meet long-term requirements. B. For purposes of an emergency procurement under this Chapter, an “emergency condition” is a situation (such as a flood, epidemic, riot, equipment failure, or any other reason declared by the Commission) which creates an immediate threat to the public health, welfare, or safety. The existence of an emergency condition creates an immediate need for supplies, services, or construction which cannot be met through normal procurement methods, and the lack of which would seriously threaten one (1) or more of the following: 51 Procurement Policy Manual September 2019 Revision: 5 42 1. The health or safety of any person; 2. The preservation or protection of property; 3. The continuation of necessary Commission functions; or 4. Contract delays that could result in an increase to the cost of the project. In the case of contracts for services, the Executive Director may declare the emergency condition. C. The Executive Director may authorize the expenditure of funds previously appropriated by the Commission for the direct purchases of goods and services, without following bid requirements (i) when a finding is made that immediate remedial measures are necessary to avert or alleviate damage to property, or to replace, repair, or restore damaged or destroyed property, of the Commission and are necessary in order to ensure that the facilities of the Commission are available to serve the transportation needs of the general public, and upon determining that available remedial measures, including procurement or construction in compliance with PUC § 130232, 130233, and 130234, are inadequate. D. A contract procured on an emergency basis or as a remedial measure should not be modified to expand the scope or extend the time of the procurement unless a limited number of additional commodities, services, or other items are needed to fill an ongoing emergency requirement until regular procurement action procedures initiated under other Chapters in this Manual can be completed. E. The Executive Director must, after an emergency expenditure in excess of his/her delegated signature authority, and after an expenditure necessary as a remedial measure, submit to the Commission a procurement summary explaining the necessity for the expenditure. F. The Procurement Officer should ensure that each emergency procurement contract and/or contract entered into as a remedial measure contains the required clauses, representations, and certifications, in accordance with the requirements of this Manual. G. The Procurement Officer should ensure that proper records of each non-competitive procurement are maintained in accordance with the requirements of this Manual. 3.0 WRITTEN JUSTIFICATION FOR EMERGENCY AND OTHER NON- COMPETITIVE PROCUREMENTS A. In each instance where the non-competitive procurement procedures set forth in this Chapter are used, the user department/project manager is required to prepare a written statement recording all of the facts that provide justification for proceeding with the non-competitive or emergency procurement. B. The Procurement Officer must approve the justification for all non-competitive procurements described under this chapter before such a procurement can proceed. 52 Procurement Policy Manual September 2019 Revision: 5 43 CHAPTER 8 – REFERENCES TO APPLICABLE LAWS /REGULATIONS 1.0 GENERAL A. This Manual lists references to the various federal, state, and local regulations, to which the Manual was written to conform and/or comply. B. The Procurement Officer will be responsible, in cooperation with the Commission’s General Counsel, for reviewing these references from time to time in order to review new requirements and to note updates to the existing regulations. 2.0 REFERENCES A. For the Commission's capital projects and contracts for goods and services utilizing FTA or FHWA funds, the provisions included in the Manual will apply only to the extent that they do not conflict with FTA or FHWA requirements, including the standards of FTA Circular 4220.1F, or the most current version thereof, entitled “Third Party Contracting Requirements” or FHWA Form FHWA-1273 entitled “Required Contract Provisions Federal-Aid Construction Contracts.” In case of any conflict, the applicable federal standards shall govern. The foregoing documents, though not all-inclusive, set forth requirements that the Commission must comply with in the solicitation, selection and administration of contracts funded by the FTA and FHWA, respectively. B. For projects funded by Caltrans and/or FHWA, the selection process shall be in accordance with Caltrans’ Local Assistance Procedures Manual. C. FTA Circular 4220.1F (or the most current version thereof) sets forth the requirements the Commission must adhere to in the solicitation, award, and administration of its third party contracts. FTA Circular 4220.1F applies to all FTA grantees and subrecipients that contract with third parties under FTA assistance programs. a. In addition to the requirements set forth in this Chapter 8, the FTA standards for competition are set forth generally in Chapter 1 hereof and the FTA procedures for competitive sealed bid (“low bid”) procurements and competitively negotiated procurements are set forth in Chapters 3 and 5 hereof, respectively. D. Some of the requirements include the following: 1. Pre-Award Audits. A pre-award (pre-negotiation) audit shall be completed, as required based on the participating state or federal funds, for each consultant contract. 2. Brooks Act Provisions. The provisions of the Brooks Act (40 U.S.C. 544) require local agencies to award federally funded engineering and design contracts on the basis of fair and open competitive negotiations, demonstrated competence, and professional qualifications (23 CFR, Section 172). 3. Required Contract Provisions/Forms. 53 Procurement Policy Manual September 2019 Revision: 5 44 a. Disadvantaged Business Enterprise i. Notice to Proposers Disadvantaged Business Enterprise Information ii. Standard Agreement for Subcontractor/DBE Participation iii. Local Agency Proposer DBE Commitment (Consultant Contracts) iv. Local Agency Proposer DBE Information (Consultant Contract) v. Final Report-Utilization of DBE, First-Tier vi. Subcontractor Listing b. Federal Lobbying Restrictions, Title 31 U.S.C. Section 1352 i. Non-lobbying Certification for Federal-aid Contracts ii. Disclosure of Lobbying c. Financial Provisions. i. Compliance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. ii. Compliance with 48 CFR, Chp. 1, Part 31, Contract Cost Principles and Procedures. 4. iii. Provisions required by Caltrans Master Funding Agreement. Caltrans/FWHA Authorization to Proceed. FHWA or Caltrans acting in FHWA’s behalf must give the local agency an “Authorization to Proceed” with a project prior to the performance of any work for which federal reimbursement is to be requested, including the pre-award audit. Copies of the “Authorization to Proceed” and the consultant contract must be retained in the project files for future audit purposes. 5. Veterans Employment. Pursuant to 49 U.S.C. 5325(k), the Commission shall ensure that contractors working on an FTA-funded capital project give a hiring preference, to the extent practicable, to veterans (as defined in Section 2108 of Title 5) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or former employee. For FHWA-funded capital projects, the Commission shall comply with the veteran’s preference requirement, as set forth in 23 U.S.C. 114. E. Though not an all-inclusive listing, the following laws, regulations and code sections are applicable to Commission contracts: 54 Procurement Policy Manual September 2019 Revision: 5 45 Federal Statute, Regulations, Policies, and Agreements Subject 2CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 49 CFR Part 26 Participation by Minority Business Enterprises; DBE Program FAR Part 31 Contract Cost Principles and Procedures FTA Circular 4220.1x Third Party Contracting Requirements FTA Circular 5010.1x Grant Management Guidelines FTA Master Agreement Terms & Conditions of Grantee Administration of Projects Supported & Funded by the FTA Caltrans Local Assistance Master Agreement Terms & Conditions of Grantee Administration of Projects Supported & Funded by the FHWA or Caltrans 23 U.S.C. 114 / 23 CFR 633 23 U.S.C. 315 / 49 CFR 1.48 Form FHWA-1273 entitled “Required Contract Provisions Federal-Aid Construction Contracts.” 23 CFR 172 Procurement, Management, and Administration of Engineering and Design Related Services CA State Codes Section(s) Subject Civil Code 9550-9566 Payment Bond Civil Code 3320 Payments to Prime Design Professionals Code of Civil Procedure 995.311 Bond Issuer Requirements Government Code 4525 et seq. Architect & Engineering Services Government Code 6250 - 6270 Public Records Disclosure Government Code 5956 et seq. Infrastructure Projects Labor Code 1777.1 Debarment by California Labor Commissioner Labor Code 1770-1780 Prevailing Wage, Work Hours, Certified Payroll Records, Apprentices Public Contract Code 1103 Responsibility on Public Works Contracts Public Contract Code 1104 Plans and Specifications Public Contract Code 3300 Contractor’s License Public Contract Code 3400 Brand Name OR Equal; Restrictive Clauses Public Contract Code 4100 - 4114 Subcontracting Public Contract Code 5100 - 5107 Relief of Bidders Public Contract Code 6100 - 6610 Awarding of Contracts Public Contract Code 6700 et. seq. Construction Manager/General Contractor Authority Public Contract Code 6820 et seq. Design/Build Authority Public Contract Code 7100 - 7200 Contract Clauses, Non-Collusion Affidavit Public Contract Code 9201 - 9204 Claims and Disputes 55 Procurement Policy Manual September 2019 Revision: 5 46 CA State Codes Section(s) Subject Public Contract Code 10335 et seq. Service Contracts Public Contract Code 20101 Prequalification Public Contract Code 20103.6 Limitation on Architect’s Indemnity Obligation Public Contract Code 20103.8 Alternative Bids Public Contract Code 20104-20104.6 Resolution of Construction Claims Public Contract Code 20104.50 Progress Payments on Public Works Public Contract Code 22300 Substitution of Securities Public Utilities Code 130221 Contracting With Other Government Agencies and Other Persons Public Utilities Code 130232 - 130239 Award of Contracts Based On Price or Price and Other Factors; Bid Security; Emergency Procurements; Advertising; Immediate Remedial Measures; Rejecting Bids Public Utilities Code 130232(c) Authorization of Executive Director for Bid Expenditures <$50,000. Public Utilities Code 130232(d) Bid Security for Construction Work >$25,000 3.0 FTA/FHWA-FUNDED PROCUREMENT BY NON-COMPETITIVE (SOLE SOURCE) PROPOSALS A. Notwithstanding any other provision herein, federally funded contracts must comply with the federal requirements for non-competitive or sole source procurements. Non-competitive or sole source procurements are accomplished through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. A contract change that amounts to a “cardinal change” or a “tag-on” as defined in FTA Circular 4220.1f that involves a major deviation from the original purpose is considered a sole source procurement on a federally funded contract that must comply with this paragraph. 1. Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, competitive sealed bids, or competitive proposals and at least one of the following circumstances applies: a. The item is available only from a single source; b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; c. FTA/FHWA, as applicable, authorizes noncompetitive negotiations— e.g., if FTA/FHWA, as applicable, provides a joint procurement grant or a research project grant with a particular firm or combination of firms, the grant agreement is the sole source approval; d. After solicitation of a number of sources, competition is determined inadequate; 56 Procurement Policy Manual September 2019 Revision: 5 47 e. The item is an associated capital maintenance item as defined in 49 U.S.C. §5307(a)(1) that is procured directly from the original manufacturer or supplier of the item to be replaced. The grantee must first certify in writing to FTA: i. that such manufacturer or supplier is the only source for such item; and ii. that the price of such item is no higher than the price paid for such item by like customers; or f. Any other circumstance justifying sole source procurement set forth in the applicable federal rules and regulations. 2. For Caltrans or FHWA funded procurements, a PIF has been approved by the applicable funding entity. 3. A cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs and profit, is required. 4.0 DISADVANTAGED BUSINESS ENTERPRISE AND OTHER REQUIREMENTS A. In order to ensure the Commission’s compliance with the federal DBE Program on all applicable procurements funded with United States Department of Transportation (DOT) dollars, the Commission will make reasonable efforts to utilize disadvantaged business enterprises in compliance with applicable federal regulations. B. The Commission’s procurement process is structured to ensure that its DBE Program supports the Commission’s commitment to promote, foster and utilize disadvantaged business enterprises as required and defined by applicable federal regulations. C. As a condition of funding assistance, and in accordance with DOT DBE regulations published in applicable federal regulations, the Commission is required to submit for approval a DBE Program and regular DBE goals, which it will make good faith efforts to achieve through procurement actions carried out under this Manual. D. Pursuant to 2 CFR Part 200.321, the Commission shall also take affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible on federally funded projects. 5.0 GEOGRAPHICAL PREFERENCES A. For any federally-funded contracts, except when procuring A-E services, the Commission is prohibited from using statutorily or administratively imposed in- state or local geographical preferences in the evaluation of bids or proposals unless federal statutes expressly mandate or encourage geographic preference. 57 Procurement Policy Manual September 2019 Revision: 5 48 6.0 REVENUE CONTRACTS A. The Commission may enter into revenue contracts with a third party whereby the primary purpose is to either generate revenues in connection with a transit-related activity or create business opportunities utilizing an FTA-funded asset. The FTA requires such third party revenue contracts to be awarded utilizing competitive selection procedures and principles. The extent of and type of competition required is within the discretionary judgment of the Commission. 7.0 STATUTORY AND REGULATORY REQUIREMENTS A. The Commission shall comply with applicable federal statutory and regulatory requirements (such as Davis-Bacon Act, DBE, Debarment and Suspension, Clean Air, Environmental and Conservation Requirements, Buy America and Cargo Preference) in carrying out federally-funded procurement actions under this Manual. Below is a contract clause matrix that is applicable to third-party contract provisions for federally funded contracts, excluding micropurchases and except for Davis-Bacon requirements which apply to construction contracts exceeding $2,000. The matrix should be reviewed at least annually for any regulatory changes. TYPE OF PROCUREMENT PROVISION Professional Services/A&E Operations/ Management Rolling Stock Purchase Construction Materials & Supplies No Federal Government Obligations to Third Parties (by Use of a Disclaimer) All All All All All False Statements or Claims Civil and Criminal Fraud All All All All All Access to Third Party Contract Records All All All All All Changes to Federal Requirements All All All All All Termination >$10,000 if 2 CFR Part 200applies. >$10,000 if 2 CFR Part 200 applies. >$10,000 if 2 CFR Part 200 applies. >$10,000 if 2 CFR Part 200 applies. >$10,000 if 2 CFR Part 200 applies. Civil Rights (Title VI, ADA, EEO except Special DOL EEO clause for construction projects) All All All>$10,000 All All Special DOL EEO clause for construction projects >$10,000 Disadvantaged Business Enterprises (DBEs) All All All All All * Incorporation of FTA Terms All All All All All Debarment and Suspension >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$150,000 >$150,000 >$150,000 Resolution of Disputes, Breaches, or Other Litigation >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 58 Procurement Policy Manual September 2019 Revision: 5 49 TYPE OF PROCUREMENT PROVISION Professional Services/A&E Operations/ Management Rolling Stock Purchase Construction Materials & Supplies Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$150,000 >$150,000 >$150,000 >$150,000 >$150,000 Clean Water >$150,000 >$150,000 >$150,000 >$150,000 >$150,000 Cargo Preference Transport by ocean vessel. Transport by ocean vessel. Transport by ocean vessel. Fly America Foreign air transp./travel. Foreign air transp./travel. Foreign air transp./travel. Foreign air transp./travel. Foreign air transp./travel. Veterans Hiring Preference All Davis-Bacon Act >$2,000 (also ferries). Contract Work Hours and Safety Standards Act >$100,000 (transportation services excepted). >$100,000 >$100,000 (also ferries). Copeland Anti-Kickback Act Section 1 Section 2 All > $2,000 (also ferries). Bonding $100,000 Seismic Safety A&E for new buildings & additions. New buildings & additions. *Transit Employee Protective Arrangements Transit operations. * Charter Service Operations All * School Bus Operations All * Drug Use and Testing Transit operations. * Alcohol Misuse and Testing Transit operations. Patent Rights R & D Rights in Data and Copyrights R & D Energy Conservation All All All All All Recycled Products EPA-selected items $10,000 or more annually. EPA-selected items $10,000 or more annually. EPA-selected items $10,000 or more annually. Conformance with ITS National Architecture ITS projects. ITS projects. ITS projects. ITS projects. ITS projects. ADA Access A&E All All All All Notification of Federal Participation for States Limited to States. Limited to States. Limited to States. Limited to States. Limited to States. 59 Procurement Policy Manual September 2019 Revision: 5 50 * Applies only to FTA funding Caltrans Fiscal Provisions Checklist All contract fiscal provisions must utilize the language specified by Caltrans and set forth in the LAPM sample contract language form. The clauses that must be used verbatim are for the items specified below (except as otherwise noted). Consult the LAPM form, and the latest RCTC model contract for Caltrans/FHWA funded projects. Performance Period: Beginning date cannot be prior to the date Caltrans issues the conformance letter, if applicable. Allowable Costs and Payments: The contract method of payment must be one of the four methods required as listed in Section 10.2 of the LAPM. Termination: The provision must contain language regarding termination for cause and convenience Per 23 CFR 172.9 (c)(1)(xii). Cost Principles and Administrative Requirements. * Travel and subsistence in accordance with DPA regulations * Maintain an accounting system that accumulates and segregates project costs * Accounting system must conform to GAAP Retention of Records/Audit. Audit Review Procedures, including the Audit Clause. Ensure use of appropriate clauses for (i) contracts $150,000 or greater; or (ii) contracts $3,500,000 or greater. Subcontracting Equipment Purchase State Prevailing Wage Rates. Conflict of Interest. Rebates, Kickbacks, or other Unlawful Considerations. Prohibition of Expending State or Federal Funds for Lobbying. * Specific provisions addressing these items are not included in LAPM form, but are required and are included in the RCTC model contract. 60 Procurement Policy Manual September 2019 Revision: 5 51 CHAPTER 9 – DISPOSAL OF SURPLUS PROPERTY 1.0 DEFINITIONS A. “Surplus personal property” shall mean personal property of the Commission which is no longer needed or fit for its intended purpose or has exceeded its useful life. B. “Surplus real property” shall mean real property of the Commission which is no longer needed for a specified project. 2.0 DISPOSAL OF SURPLUS REAL PROPERTY A. Upon recommendation by the Executive Director, designated Commission staff may dispose of surplus real property in accordance with the RCTC Right of Way Policies and Procedures Manual. 3.0 DISPOSAL OF PERSONAL PROPERTY A. Upon recommendation by the Executive Director and in accordance with applicable state or federal funding requirements, designated Commission staff may dispose of all surplus and obsolete personal property by donation, bid, auction, negotiated sale or exchange. If the disposal of such items is conducted by bid, the sale shall be conducted in accordance with generally accepted best practices and applicable laws and regulations. The Commission staff shall attempt to obtain the best value for the property that can reasonably be obtained. 61 Procurement Policy Manual September 2019 Revision: 5 52 CHAPTER 10 – OTHER PROCUREMENT MATTERS 1.0 DISPUTES, CLAIMS, AND CHANGES—DEFINITIONS A. Change Orders – the commercial and technical resolution of a contract modification. The change order document can be unilateral or bilateral in execution. B. Potential Claim – written notice provided to the Commission by the contractor when the: 1. Parties are unable to reach bilateral agreement on a change and the contractor is provided a unilateral change order (“protest”); or, 2. Contractor perceives that it is entitled to additional compensation (time or money) for something it believes to constitute extra work performed or to be performed. C. Claim – differences that have developed during the contract, under protest or under notice of potential claim, which are not resolved at the time the contractor returns the proposed final pay estimate. D. Dispute – a disagreement between the parties as to the merits, amount or remedy arising out of an issue in controversy, including a disagreement regarding a Claim or asserted default. E. Amendment – a modification considered outside the original contract scope or terms and formalized with a written agreement signed by both parties. 2.0 DISPUTES, CLAIMS, AND CHANGES—GENERAL A. The Procurement Officer is responsible for documenting negotiation activities for the record, and should be present at all professional services and construction contract negotiations. B. The Procurement Officer or project manager, as required, prepares the appropriate documentation (e.g., change order forms) for review and approval by the Commission’s Executive Director or Commission, prior to issuance to the consultant/contractor for signature. This document includes full definition of work scope, impact on DBE goals, definition of time and schedule impacts, and price. The change order language stipulates that the agreed-upon terms are all inclusive, and no other relief will be available regarding this work. 1. For federally-funded contracts, any damages recovered must be credited to the project involved unless the FTA/FHWA, as applicable, permits otherwise. 2. For federally-funded contracts, change orders that amount to cardinal changes or tag-ons shall comply with Chapter 8, Section 3.0(A). 3.0 TERMINATION A. All Commission contracts exceeding $25,000 should contain provisions enabling the Commission to terminate such contracts for the convenience of the Commission, and all federally funded contracts must contain such provisions. 62 Procurement Policy Manual September 2019 Revision: 5 53 These provisions should specify the manner in which such termination will be effected and the basis for settlement. There should also be included in such contracts appropriate provisions specifying causes for which the contracts may be terminated for default. B. Terminations for Convenience of the Commission 1. Commission contracts will be terminated for convenience only when this is determined to be in the best interests of the Commission. In lieu of issuing a notice of termination for convenience, the Procurement Officer will effect a no-cost settlement agreement where possible and appropriate. 2. Formal written notice to the contractor is necessary to terminate a contract for convenience. Such notice will state that the contract is being terminated pursuant to the termination for convenience provision of the contract, the effective date, the extent of termination and instructions to the contractor to cease performance under the contract. 3. The Procurement Officer will negotiate a no-cost settlement with the contractor if possible. Otherwise, the Procurement Officer will negotiate an appropriate settlement agreement with the contractor pursuant to the provisions of the termination for convenience clause of the contract. C. Terminations For Default 1. If a contractor's right to proceed is terminated for default, the Commission may take over and complete the work or cause it to be completed, and the contractor and his sureties, if any, shall be liable to the Commission for any increased costs caused thereby. The contractor and his sureties should, in addition to increased costs in completing the work, be liable for liquidated damages, if liquidated damages are provided in the contract, or for actual damages, if liquidated damages are not so provided. 2. If the Procurement Officer determines that the contractor's failure to perform arises from causes which are excusable under the terms of the contract, the Procurement Officer shall not terminate the contractor's right to proceed, nor shall he/she charge the contractor with liquidated damages (or if no liquidated damages, then actual damages) because of any delays occasioned by such causes. 3. Where the surety does not complete performance of the contract, the Procurement Officer normally will complete the performance of work by awarding a new contract based on the same plans and specifications. Such award may be the result of competitive bidding or negotiation; whichever procedure is most appropriate under the circumstances. The Procurement Officer must use reasonable diligence to obtain the lowest price available for completion. 4. If, after due consideration, the Procurement Officer determines that termination is not in the best interest of the Commission although the contractor is in default, the Procurement Officer may permit the contractor to continue the work, and the contractor and his sureties shall be liable to 63 Procurement Policy Manual September 2019 Revision: 5 54 the Commission for liquidated damages, as specified in the contract, or if liquidated damages are not so specified, for any actual damages occasioned by the failure of the contractor to complete the work in accordance with the terms of the contract. 5. Any provision for a liquidated damages assessment must be at a specific rate per day for each day of overrun and must be specified in the contract. a. For FTA-funded contracts, any damages recovered must be credited to the project involved unless the FTA permits otherwise. 4.0 BONDS, OTHER SECURITIES AND INSURANCE A. The Commission should specify bonding, in compliance with applicable federal and state requirements for all public works contracts. 1. In general, all construction contracts over $25,000 require a payment bond in the amount of 100% of the contract value. 2. All FTA-funded construction contracts over $100,000 require a performance bond in the amount of 100% of the contract value and a bid guarantee in the amount of no less than 5% of the contract value. 3. Bids for construction of facilities where the work is anticipated to exceed $25,000 require bid security as set forth in PUC § 130232. B. The Procurement Officer may require any of the following types of security for any solicitation or contract subject to this Manual, other than a small purchase, regardless of the estimated amount of the contract: 1. Bid bonds; 2. Other bid or proposal security; 3. Construction performance and payment bonds; and 4. Performance or payment bonds or other security on non-construction contracts. C. Requirement for Bonds To Be Executed By An Admitted Surety Insurer 1. California Code of Civil Procedure § 995.311 calls for any bond required on a public works contract to be executed by an admitted surety insurer. 2. The Commission has a duty to verify that an admitted surety insurer executes the bond. The Procurement Officer should print out information from the website of the California Department of Insurance (http://www.insurance.ca.gov/docs/FS-CompanyProfiles.htm) confirming that the surety is an admitted surety insurer and attach it to the bond. D. For federally funded procurements, the Commission shall not require unnecessary experience or excessive bonding. 64 Procurement Policy Manual September 2019 Revision: 5 55 5.0 CONTRACT CLOSEOUT A. A completed contract is one which is both physically and administratively complete and in which all aspects of contractual performance have been accomplished, terminated, or otherwise disposed of by contract modification. A contract is physically complete only after all articles and services called for under the contract, including such related items as reports, spare parts, and exhibits, have been delivered to and accepted by the Commission, including those articles and services for which no specific compensation may have been stipulated. A contract is administratively complete when all payments have been made and administrative actions accomplished. B. The project manager, in cooperation with the Procurement Officer, is responsible for review of the contract file and obtaining all necessary documentation to ensure that: (1) all deliverables and/or services (including any reports) required under the contract have been received and accepted; (2) the terms and conditions of the contract have been complied with; (3) disposition of accountable property under the contract has been accomplished; all necessary actions including final payment and releases required to close the contract are completed and documented. C. Small purchase files should be considered closed when the Procurement Officer receives evidence of receipt of property and final payment. D. A contract file should not be closed in any of the following situations: 1. If the contract is the subject of a claim or dispute; 2. If the contract is in litigation or under appeal; 3. In the case of a termination, if all termination actions have not been completed; or 4. If state or federal approval is required and has not been received. 65 Procurement Policy Manual September 2019 Revision: 5 56 CHAPTER 11 – PAYMENT 1.0 COMMISSION PAYMENT PROCESS A. The Commission will promptly process all contract payments with necessary controls to assure compliance with all contract terms and conditions in accordance with internal procedures recommended by the Chief Financial Officer and authorized by the Executive Director. B. The Procurement Officer should clearly specify in solicitations and contracts the form and content of an acceptable invoice, including a requirement that invoices be sequentially numbered, that they contain a date and contract number and the services for which they are invoicing, the period of performance being invoiced, and to whom invoices are to be sent. 2.0 PROGRESS PAYMENTS A. The Commission may provide for progress payments under contracts that require long time periods to complete contract performance or if the use of progress payments contributes to the effective and efficient administration of consultant/contractor work. Progress payments will be made on the basis of allowable costs incurred by the consultant/contractor, and the stage of completion of the contract. 1. Criteria. Contract clauses providing for progress payments should be used when the investment in work and progress is expected to be great enough to add substantial costs to the contract or strain the consultant/contractor’s cash flow or ability to obtain financing. Under no circumstances should payments exceed the consultant/contractor’s physical completion of the Work, nor should they amount to advance payments. Progress payments can be based on a periodic voucher for expenditures, a milestone, or the Commission’s estimate of work accomplished as defined in the contract. 2. For federally funded procurements, the Commission must obtain adequate security (i.e., title to work in progress; letter of credit) for any progress payments made. 3. For FTA-funded procurements, advance payments are prohibited unless prior written concurrence is obtained from the FTA. B. Progress Payments on Public Works In accordance with PCC § 20104.50, the Commission must make progress payments within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Commission fails to make timely payment, the Commission may be required to pay interest to the contractor equivalent to the legal rate set forth in subdivision (s) of Section 685.010 of the Code of Civil Procedure. C. Progress Payments and Retentions on Architect, Engineer, and Land Surveyor Contracts 66 Procurement Policy Manual September 2019 Revision: 5 57 Pursuant to California Civil Code §3320, for any contract for public works or improvement, the Commission shall pay to the prime design professional any progress payment within 30 days of receipt of a written demand for payment in accordance with the contract, and the final retention payment, if applicable, within 45 days of receipt of a written demand for payment in accordance with the contract. If any amount is wrongfully withheld or is not timely paid, the prime design professional should be entitled to a penalty of 1½ percent for the improperly withheld amount, in lieu of any interest otherwise due, per month for every month that payment is not made. 3.0 PROMPT PAYMENT TO SUBCONTRACTORS—FEDERALLY FUNDED AGREEMENTS A. In accordance with 49 CFR Part 26, Commission contracts above the small purchase threshold must require that the prime contractor or subcontractor shall pay to any subcontractor, not later than 7 days of receipt of each progress payment from the Commission, unless otherwise agreed to in writing, the respective amounts paid to the contractor on account for the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. The Commission contract may provide that, in the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, then the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. B. The Commission must also require the prompt return of retainage payments from the prime contractor to the subcontractor within 7 days after the subcontractor’s work is satisfactorily completed. 4.0 PAYMENT OF RETENTION ON PUBLIC WORKS CONTRACTS A. Pursuant to PCC § 7107, within 60 days after the date of completion of the work of improvement, the Commission must release any retention withheld except funds withheld to satisfy outstanding stop notices or otherwise properly withheld. In the event of a dispute between the Commission and the original contractor, the Commission may withhold from the final payment an amount not to exceed 150 percent of the disputed amount. 5.0 REQUEST FOR PAYMENT CERTIFICATION A. All contracts above the small purchase threshold may contain a clause, which requires the contractor to submit with each request for payment, a certification that the claim for payment is true, correct, and for services rendered and/or supplies delivered in accordance with the contract. B. The user department/project manager will disapprove and Accounts Payable will return unpaid any request for payment which does not contain the certification when required. 67 Procurement Policy Manual September 2019 Revision: 5 58 REVISION HISTORY: Revision No. Revisions Adopted 0 Adopted by the Commission 7/11/12 1 Adopted by the Commission 12/12/12 2 Adopted by the Commission 9/9/15 3 Adopted by the Commission 12/13/17 4 Adopted by the Commission 6/13/18 5 Adopted by the Commission 9/11/19 (anticipated) 68 AGENDA ITEM 7C Agenda Item 7C RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Future Funding Initiatives Ad Hoc Committee SUBJECT: Conflict of Interest Consultant Policy for Ballot Measures FUTURE FUNDING INITIATIVES AD HOC COMMITTEE RECOMMENDATION: This item is for the Commission to approve the Conflict of Interest (COI) Consultant Policy for Ballot Measures. BACKGROUND INFORMATION: On July 10, 2019 the Commission approved this ad hoc committee’s recommendations to authorize staff to develop a Countywide Transportation Improvement & Traffic Relief Plan (the Plan) and implementation ordinance (Ordinance) for potential presentation to Riverside County voters in November 2020. As a result of the Commission’s approval, staff anticipates a Campaign Committee(s) may eventually form to support or oppose passage of a potential transportation Ballot Measure. The purpose of this item is to establish a policy which prohibits improper collaboration between the Commission’s consultants and a Campaign Committee. DISCUSSION: California Government Code Section 54964 and related case law expressly prohibit an officer, employee, or consultant of Commission from expending or authorizing the expenditure of any Commission funds to support or oppose a Ballot Measure. While the Commission is permitted to expend public funds to provide information to the public on a Ballot Measure, such information must provide the public with an accurate, fair and impartial presentation of relevant facts to aid voters in reaching an informed judgment regarding the Ballot Measure. Absent express legislative authority, the Commission may not expend public funds to promote a partisan position in an election campaign. The line is not always clear between “informational” activities that may be financed by the Commission and “campaign” or advocacy materials that may not be paid for with public funds. For this reason, it is the intent of the Commission to enact certain, clear prohibitions on consultants to protect the integrity of Commission’s role regarding any Ballot Measure. 69 Agenda Item 7C Purpose and Goals of Policy This COI policy prescribes the Commission’s policy on conflict of interest relating to consultants currently retained by the Commission, who have also been engaged by a Campaign Committee. The COI policy goals are as follows: • Ensure compliance with California Government Code Section 54964; • Prohibit improper collaboration between the Commission and a Campaign Committee established to support or oppose passage of a transportation Ballot Measure; • Prohibit consultants engaged by the Commission for services pertaining to a Ballot Measure, including the development of an Expenditure Plan, from working concurrently for a Campaign Committee; • Provide clear guidance to consultants regarding COI obligations; and • Protect the integrity of the Commission's role regarding any Ballot Measure. The policy provides general conflict of interest standards, consultant obligations, authorization to implement the policy, and a determination process. Staff recommends the Committee approve the COI Consultant Policy for Ballot Measures and forward to the Commission for final action. Attachment: RCTC Conflict of Interest Consultant Policy for Ballot Measures 70 DRAFT FOR DISCUSSION PURPOSES ONLY – ATTORNEY CLIENT PRIVILEGE 17336.00039\32246676.7 Riverside County Transportation Commission Conflict of Interest Consultant Policy for Ballot Measures Section 1. a) The purpose of this Policy is to establish written regulations which prohibit improper collaboration between the Commission and a Campaign Committee established to support or oppose the passage of a transportation Ballot Measure. This Policy prescribes conflict of interest policies that are applicable to Consultants currently retained by the Commission, who have also been engaged by a Campaign Committee, as defined. b) To that end, no Consultant engaged by the Commission for services pertaining to a Ballot Measure, including the development of an Expenditure Plan, may work concurrently for a Campaign Committee. c) This Policy shall apply once a Campaign Committee, as defined herein, has been 1) formed to support or oppose a Ballot Measure and met the threshold funding requirements set forth in Government Code Section 82013 or 2) once a Ballot Measure has been certified to appear on the ballot, whichever occurs first. Section 2. Definitions Section 2.1. "Affiliate" means, with respect to any Consultant: (a) any member, partner or joint venturer of such Consultant; (b) any individual or entity that directly or indirectly controls, or is controlled by, or is under common control with, such Consultant or any of its members, partners or joint venturers; and (c) any other entity for which 20% or more of the equity interest in such other entity is held directly or indirectly, beneficially or of record by (i) such Consultant, (ii) any of such Consultant's members, partners or joint venturers or (iii) any Affiliate of such Consultant under clause (b) of this definition. Section 2.2. “Ballot Measure” means any initiative or similar measure certified to appear on a regular or special election ballot proposing a transportation-related transactions and use tax pursuant to Sections 240000 or 180000 of the Public Utilities Code. Section 2.3. “Campaign Committee” means a committee that (1) is formed or existing primarily to support or oppose a Ballot Measure set to be considered by voters within the jurisdictional boundaries of the Commission and (2) meets the contribution and/or expenditure threshold amounts set forth in California Government Code Section 82013. Section 2.4. "Commission" means the Riverside County Transportation Commission. Section 2.5. "Consultant" means any person or business entity (including any individual employee of such entity or any division and/or Affiliate of such entity) previously or currently retained, or in the process of being retained, by the Commission to provide Services, including subconsultants and individual employees of subconsultants. 71 DRAFT FOR DISCUSSION PURPOSES ONLY – ATTORNEY CLIENT PRIVILEGE 17336.00039\32246676.7 Section 2.6. "Policy" means this Conflicts of Interest Consultant Policy for Ballot Measures. Section 2.7. "Services" means consulting services related to the work of the Commission, which may include, but are not limited to, some or all of the following: planning services; procurement services; federal and state environmental services; financial advisory services; legal services; traffic and revenue studies; operations and toll planning services; program oversight; design and construction management services; preliminary engineering services (including right-of-way, structures, survey and utility); marketing and design services; and public and community outreach services. Section 3. Conflicts of Interest. Section 3.1. Purpose. This section prescribes the Commission's Policy on conflicts of interest relating to Consultants of the Commission which are also retained by a Campaign Committee to provide services in support of or against a Ballot Measure. The purpose of the Policy is guided by the following: a) California Government Code Section 54964 expressly prohibits an officer, employee, or consultant of Commission from expending or authorizing the expenditure of any Commission funds to support or oppose a Ballot Measure. b) While the Commission is permitted to expend public funds to provide information to the public on a Ballot Measure, such information must provide the public with an accurate, fair and impartial presentation of relevant facts to aid voters in reaching an informed judgment regarding the Ballot Measure. Absent express legislative authority, the Commission may not expend public funds to promote a partisan position in an election campaign. (see Stanson v. Mott (1976) 17 Cal.3d 206; Vargas v. City of Salinas (2009) 46 Cal.4th 1.) c) The line is not always clear between “informational” activities that may be financed by the Commission and “campaign” or advocacy materials that may not be paid for with public funds. For this reason, it is the intent of the Commission to enact certain, clear prohibitions on Consultants to protect the integrity of Commission’s role regarding any Ballot Measure. Section 3.2. Applicability. This Policy applies to Consultants who desire to participate in, or are participating in the performance of Services for the Commission and are retained concurrently by a Campaign Committee in advance of and during the time a Ballot Measure is considered by voters and until the final election results are certified. Section 3.3. Conflicts of Interest Obligations Applicable to Consultants. a) Consultants retained by a Campaign Committee to support or oppose a Ballot Measure shall not concurrently work on the Commission’s behalf on any Services or activities related in any manner to a Ballot Measure. Consultants shall arrange 72 DRAFT FOR DISCUSSION PURPOSES ONLY – ATTORNEY CLIENT PRIVILEGE 17336.00039\32246676.7 their affairs so as to prevent any such conflicts of interest from arising. Any Consultant having an actual, potential or perceived conflict of interest, or wishes to obtain a determination as set forth in Section 3.4, shall disclose the matter to the Commission in writing to the following individual: Matt Wallace Procurement Manager Riverside County Transportation Commission 4080 Lemon Street, 3rdFloor Riverside, CA 92502 Email: mwallace@rctc.org b) The Consultant's conflict of interest disclosure obligation continues while retained to provide Services to the Commission during the period set forth in Section 1(c), above. Consultants should undertake reasonable due diligence, including necessary conflict searches, to determine whether new actual, potential or perceived conflicts of interest arise. c) Consultants not yet retained by the Commission have an affirmative obligation to describe any actual, potential or perceived conflict of interest as part of its submittal of materials for the Commission’s consideration. Section 3.4. Determination. The Executive Director is authorized to implement this Policy on behalf of the Commission. If the Executive Director obtains information that a Consultant may not be in compliance with this Policy, the Executive Director or designee shall provide Consultant with written notice of initial determination. Upon receipt of notice that the Consultant is not in compliance with this Policy, Consultant shall cease all work for the Commission. Consultant may request a meeting with the Executive Director to review such initial determination. If the Consultant requests a meeting, the Executive Director shall issue a final determination following such meeting. The determination may require the Consultant to terminate all work for the Commission or impose such other remedy to prevent a violation of this Policy. If the Consultant does not request a meeting, the initial determination shall become final within 7 calendar days. The Executive Director’s determination shall be final. Section 3.5. Conflicts of Interest Obligations Applicable to the Commission. a) The Commission shall keep separate accounting for expenses spent on Ballot Measure informational efforts. b) The Commission will ensure an ethical screen separates the work undertaken by Consultants working on Ballot Measure informational efforts and other Commission Consultants. Section 3.6. Failure to Comply. If a Consultant fails to comply with this Policy, or otherwise fails to disclose an actual, potential or perceived conflict of interest, the Commission may, in its sole discretion: 73 DRAFT FOR DISCUSSION PURPOSES ONLY – ATTORNEY CLIENT PRIVILEGE 17336.00039\32246676.7 a) Preclude and/or disqualify the Consultant and its Affiliates from participation in future Commission Services; b) Segregate or terminate the Consultant and its Affiliates from existing or future Services for the Commission; and/or c) Pursue any and all other rights and remedies available at law. Section 3.7. Period in Which a Conflict of Interest Applies. If the Executive Director or designee determines that the performance of Services by a Consultant creates an actual, potential or perceived conflict of interest, the provisions in this Policy and any decisions made by the Commission related to such conflict of interest shall continue and apply until the Ballot Measure is considered by voters and until final election results are certified. Section 3.8. Notification of Policy. The Commission will send a letter to all currently retained Consultants providing Services to the Commission related to a Ballot Measure informing them of this Policy. Such Consultants shall acknowledge receipt of this Policy and return it to the Commission. In addition, the Commission shall provide this Policy to Consultants as part of all new procurements or contract amendments for Consultants providing Services to the Commission prior to the execution of any related to a Ballot Measure. Section 3.9. Federal and State Requirements. Consultants shall ensure compliance with all applicable Federal or State laws relevant to conflicts of interest. The Commission must also comply with certain California laws and regulations, including, without limitation, Government Code §§1090 and 87100 et seq. Nothing in this Policy is intended to limit, modify, supersede or otherwise alter the effect of those laws and regulations, and the Commission will apply this Policy consistent with those laws and regulations. Section 3.10. Multiple Services. This Policy and its prohibitions apply to each type of Service provided by Consultant to the extent Consultant provides multiple services to the Commission. Section 3.11. Restriction of Services and Conditions to Approvals and Exceptions. In order to address actual, potential or perceived conflicts of interest, the Executive Director, or designee, as part of providing his or her consent to the participation of a Consultant may, in his or her sole discretion: a) Restrict the scope of Services the Consultant may be eligible to perform for the Commission in order to further the intent and goals of this Policy; and b) Condition an approval, determination, or exception as the Executive Director, or designee, determines appropriate to further the intent and goals of this Policy, including, but not limited to requiring the Consultant to execute an ethical screen agreement satisfactory to the Commission. 74 DRAFT FOR DISCUSSION PURPOSES ONLY – ATTORNEY CLIENT PRIVILEGE 17336.00039\32246676.7 Section 3.12. Provisions are Nonexclusive. The provisions in this Policy do not address every situation that may arise in the context of the Commission's informational activities undertaken regarding any Ballot Measure or determination by the Executive Director, or designee, when faced with facts similar to those described in this Policy. In addition, additional policies, procedures and limits related to conflicts of interest or similar issues may be imposed by the Commission at any time with respect to any ballot measure. CONSULTANT ACKNOWLEDGMENT I hereby acknowledge receipt of a copy of the Riverside County Transportation Commission Conflicts of Interest Consultant Policy for Ballot Measures, and also represent and warrant that I have carefully reviewed and do understand the terms of said Policy provided to me. I hereby agree to abide by said policies. Consultant’s Name: _____________________________ Consultant’s Signature:_____________________________ Services Provider, Company Name: _________________________________ Date: ____________________________ 75 AGENDA ITEM 7D Agenda Item 7D RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM Budget and Implementation Committee Cheryl Donahue, Public Affairs Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Public Engagement Metrics Report, April – June 2019 BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Quarterly Public Engagement Metrics Report for April – June 2019. BACKGROUND INFORMATION: Staff has been monitoring public engagement activities since January 2018 and preparing Quarterly Public Engagement Metrics Reports for the Commission. This report covers the second quarter of 2019, from April to June. These quarterly reports are a data-driven approach to measuring progress toward public engagement goals, allow staff to assess the effectiveness of its efforts on an ongoing basis, and provide transparency into how the Commission is using its resources to engage and educate the public. This quarterly report includes four sets of data: 1) Metrics for RCTC’s overall public engagement activities, including website use and access; website top pages visited; email notifications; social media likes, engagement and reach; and public sentiment 2) Metrics for RCTC’s Interstate 15 Express Lanes Project public engagement activities, including email activity, website sessions, and social media 3) Metrics for RCTC’s #RebootMyCommute public engagement program, which took place from March 6 to June 3 4) New for this quarter are metrics for the State Route 60 Truck Lanes Project. Note that these numbers are small, due to the start of communications for this project in late May. The quarterly report will continue to evolve as staff refines its approaches to measuring public engagement activities and in response to any feedback from Commissioners. Staff will continue to add new project-related metrics as other projects begin. 76 Agenda Item 7D Report highlights for this quarter follow and are included in a graphical format with this agenda item. It is important to note that most of the social media metrics show a decline this quarter, due to a planned decrease in digital advertising expenditures. RCTC Overall Public Engagement 1) Website a. For the quarter, there were 27,950 website sessions, a 17 percent increase from last quarter’s 23,818 sessions. There also were 16,107 unique users, also an increase of 17 percent compared to the previous quarter’s 13,774 unique users. b. More than one-third of the visitors accessed the website using a direct search (keying in rctc.org). Another 45 percent used organic searches, such as Google. Others used social media (10 percent), and website referrals (10 percent). c. Website access via desktop versus mobile changed slightly. The second quarter showed 57 percent accessing the website through a desktop computer and 43 percent using mobile devices. During the first quarter of 2019, the ratio was 54 percent to 46 percent. d. The homepage continues to be the most frequently visited page within the website, followed by the “Employment” page, likely due to the high volume of employee recruitment that took place this spring. The “Meetings and Agendas” page and “Route 60 Truck Lanes” page ranked third and fourth. 2) Social Media a. Facebook: At the end of the quarter, the Facebook page had 9,265 likes, a 10 percent increase over last quarter’s 8,412 likes. The page also had 27,584 forms of engagement, such as likes, comments and shares, a 36 percent reduction from last quarter’s record-breaking 43,322 forms of engagement. Facebook also had 3.1 million impressions, which is the number of times that RCTC’s content was displayed in news feeds. This was a large decrease – 41 percent – from last quarter’s largest-ever 5.3 million impressions. This decrease was due to the decrease in digital advertising, compared to the first quarter. b. Twitter: RCTC’s Twitter page showed a 3 percent increase in followers, from 1,117 to 1,154. Engagement, however, declined 96 percent, from 5,321 forms of engagement to just 218. Impressions also showed a large drop of 92 percent – from 783,246 to 60,296. Similar to Facebook, these decreases are the result of a decline in digital advertising compared to the first quarter. c. Instagram: The Instagram page followers grew 20 percent, from 372 to 448 followers. Engagement decreased 34 percent, from 465 forms of engagement to 309. Impressions, however, grew 34 percent to a total of 11,311, compared to last quarter’s 8,417 impressions. d. Overall, public sentiment was positive, with the most positive comments related to the tribute of fallen CHP Sergeant Licon, the upcoming construction of the Route 60 Truck Lanes, and a construction update about the I-15 Express Lanes Santa Ana River Bridge. 77 Agenda Item 7D 3) RCTC’s The Point: RCTC continues to produce content for its online blog, The Point, and distributes this information and other news via email to subscribers. RCTC’s subscriber rate grew 13 percent, from 2,884 to 3,260. Thirty-five percent of subscribers opened The Point, and 11 percent clicked on links to learn more. Interstate 15 Express Lanes Construction Public Engagement 1) Emails: Total email list sign-ups since the project began grew to 2,577. This is a 2 percent increase over the 2,522 inquiries received through the end of the first quarter. There also have been a total of 137 email inquiries, a 4 percent increase over the 132 inquiries through the end of the first quarter. 2) Website: Total website visits since project inception grew to 49,590, a 17 percent climb from the 42,208 visits through the end of Q1. 3) Social Media: The project’s Facebook, Twitter and Instagram accounts all showed small gains. The Facebook page grew to 2,219 likes from 2,030 likes last quarter, a 9 percent increase. Twitter increased from 220 followers to 235, a 7 percent increase. Instagram followers increased 6 percent from 384 to 407. #RebootMy Commute Public Engagement 1) Tele-Townhall Meetings: The Commission hosted Tele-town Hall meetings on March 19 and 20. These attracted 7,539 participants, 52 phone discussions, and nine follow-up voice messages. 2) Community Booths: The Commission staffed booths at six community events throughout Riverside County and engaged with 559 residents at these events. 3) News Media: Ten news stories featured the “Reboot” program. Advertisements were placed in The Press-Enterprise and The Desert Sun, with a combined print ad circulation of 461,702 and digital ad circulation of 156,250. The video ad aired 16 times on television station KESQ. Commissioners and staff also took part in various video and podcast series. 4) Website: The RebootMyCommute.org website had 22,061 sessions with 19,556 unique visitors. The Commission received 473 comment forms via the site. 5) The Point Subscriptions: The Commission publishes a monthly newsletter, The Point, which the Commission emails to subscribers. As part of the #RebootMyCommute program, residents were encouraged to register to receive the newsletter; 1,315 new subscribers registered during the program. 6) Text Messaging: A text-messaging feature was available for those who wished to provide input via text. The Commission received 81 text messages. However, the texts received were limited to those who registered to receive The Point. 7) Brochures and Postcards: The Commission produced and distributed more than 5,500 brochures – printed in English and Spanish – to city halls, community centers, libraries, senior centers, transportation groups, chambers of commerce, and elected 78 Agenda Item 7D officials’ offices across Riverside County. The brochures also were available at community booths and presentations. 8) Social Media: The Commission placed a series of targeted social media ads with videos related to #RebootMyCommute. a. On Facebook, 596,316 people viewed the videos in their entirety and 31,736 clicked to learn more. There were 2,098 direct engagements with viewers, 3.9 million impressions, and a reach of 630,409. b. On Twitter, there were 7,613 full video views, 1,989 click-throughs, 54 direct engagements, and 368,225 impressions. c. On Instagram, 30,820 people watched the full video, and 4,448 clicked to learn more. There were 1,830 direct engagements, 2.2 million impressions, and a reach of 629,129. d. On YouTube, there were 803,978 full video views, 13,584 click-throughs, and 3.5 million impressions. 9) Helpline: A toll-free helpline was available for those who preferred to express their views by telephone. The Commission received 56 calls through the helpline. 10) Presentations: The Commission made several presentations, including multiple chapters of Riverside Transit Agency’s Transportation Now, the Greater Riverside Chamber of Commerce, the March Joint Powers Authority, the Temescal Valley Municipal Advisory Council, the Riverside Bike Club, the Riverside City Council, and the Norco City Council. State Route 60 Truck Lanes Construction Public Engagement 1) Emails: Email and text sign-ups during the first month totaled 61, and emails to the project team totaled 67. 2) Webpage: Visits to the rctc.org/60trucklanes webpage totaled 1,414 during the quarter. 3) Social Media: The project’s Facebook, Twitter and Instagram accounts launched in late May. Facebook likes totaled 115, Twitter followers totaled 13, and Instagram followers totaled 36 at the end of this quarter. Attachments: 1) RCTC Overall Public Engagement Metrics 2) Interstate 15 Express Lanes Construction Public Engagement Metrics 3) #RebootMyCommute Public Engagement Metrics 4) State Route 60 Truck Lanes Construction Public Engagement Metrics 79 Top Pages Visited 2 3 4 Desktop vs Mobile Users Top Channels 57%43%Desktop Mobile Facebook Twitter Instagram Overall Social Media Sentiment Eblasts Web Public Engagement Metrics: Q2 April – June 2019 Social Media Direct (34.4%) — 5,738 DifferencesPaid advertising decreased in Q2. Subscribers3,260 AverageOpen 35% AverageClick11% 27,950Number of Sessions +17%16,107Number ofUnique Users +17% Impressions3,138,105 Page Likes8,447 Engagement27,584 Impressions60,296 Followers1,154 Engagement218 Impressions11,311 Followers448 Engagement309 –92% +3% –96% +34% +20% –34% –41% +0.4% –36% Employment Meetings and Agendas Route 60 Truck Lanes Homepage is #1 most visited page Organic (45.5%) — 7,594 Social (9.8%) — 1,641 Referral (10.2%) — 1,701 +13% -1 - 0.5 0 0.5 1 1.5 2 4/1 4/8 4/15 4/22 4/29 5/6 5/13 5/20 5/27 6/3 6/246/10 6/17 4/11 (+) Community response to tribute for Sergeant Steve Licon5/28 (+) Route 60 Truck Lanes Project announcements6/24 (+) Positive response to The Press-Enterprise story on I-15 Santa Ana River Bridge construction ATTACHMENT 1 80 15 Express Lanes ProjectOutreach Metrics Oct 2016 – June 2019 Facebook Page Likes Instagram Followers (Account Opened 02/05/18) Twitter Followers (Account Opened 02/05/18)Oct – Dec 2016Jan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct – Dec 2018Jan – Mar 2019Apr – Jun 2019Number of Likes/FollowsFacebook Page Likes Instagram Followers (Account Opened 02/05/18) Twitter Followers (Account Opened 02/05/18) 21 127 195 932 979 1,297 1,477 1,665 1,933 2,030 2,219 0 500 1000 1500 2000 2500 181 176 293 20852 148 351 219 384 220 407 235 845 3,635 5,780 8,81311,056 14,980 20,440 36,841 28,184 Oct – Dec 2016Jan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct – Dec 2018Jan – Mar 2019Apr – Jun 2019Total Website visits to DateOct – Dec 2016Jan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct – Dec 2018Jan – Mar 2019Apr – Jun 20190 30 60 90 120 150 Number of Sign-Ups45 114 703 1,240 1,401 1,706 1,915 2,301 2,522 2,5772,426 Oct – Dec 2016Jan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct – Dec 2018Jan – Mar 2019Apr – Jun 20197 20 32 40 48 62 77 104 132 137 118 42,208 49,590 Total Emails Received to Date0 500 1000 1500 2000 2500 3000 0 10000 20000 30000 40000 50000 Email List Sign-Ups Website Visits Emails Received Social Media Likes/Follows ATTACHMENT 2 81 Media Community Outreach Online SentimentMessages Social Media Ads Website #RebootMyCommute Metrics March - June 2019 Facebook Twitter YouTube TrendVu Video Views (100%)7,613 Clicks1,989 Direct Engagements54 Impressions368,225 Video Views (100%)803,978 Clicks13,584 Impressions3,495,097 Video Views (100%)596,316 Clicks31,736 Direct Engagements2,098 Impressions3,927,342 Reach630,409 Community Booths Tele-town Halls 22,061Number of Sessions 473FormSubmissions 7,539Participants 52Comments 9Voice Messages 6Events 3,529Event Attendance Publications Television 10Media Stories 461,702 Print Ad Circulation 156,250 Digital Ad Circulation 16 Video Ad Airs Email 1,315Subscribers Text81Subscribers Print Piece5,205Delivered 3/6 (+) #RebootMyCommute campaign launches. 3/30 (+) Round 2 ends. Ad data is used to optimize targeting and messaging. 5/21 (+) #RebootMyCommute digital advertising ramps down. Instagram Video Views (100%)30,820 Clicks4,448 Direct Engagements1,830 Impressions2,898,023 Reach629,129 559People Engaged 19,556Number of Unique Users ATTACHMENT 3 82 May – June 30, 2019 State Route 60 Truck Lanes ProjectMonthly “At-a-Glance” Metrics Report Facebook Page Likes Instagram Followers Twitter FollowersMay – Jun 2019Number of Likes/FollowsFacebook Page Likes Instagram Followers Twitter Followers 115 0 20 40 60 80 100 120 13 36 1,414 May – Jun 2019Total Website visits to DateMay – Jun 20190 10 20 30 40 50 60 70 80 Number of Sign-Ups61 May – Jun 201967 Number of Emails0 300 600 900 1200 1500 0 10 20 30 40 50 60 70 80 Email & Text Sign-Ups Website Sessions Emails to Project Team Social Media Likes/FollowsJan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct – Dec 2018Jan – Mar 2019Apr – Jun 2019Jan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct – Dec 2018Jan – Mar 2019Apr – Jun 2019Jan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct – Dec 2018Jan – Mar 2019Apr – Jun 2019Jan – Mar 2017Apr – Jun 2017Jul – Sep 2017Oct – Dec 2017Jan – Mar 2018Jul – Sep 2018Apr – Jun 2018Oct – Dec 2018Jan – Mar 2019Apr – Jun 2019ATTACHMENT 4 83 AGENDA ITEM 7E Agenda Item 7E RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Jillian Guizado, Legislative Affairs Manager THROUGH: Anne Mayer, Executive Director SUBJECT: State and Federal Legislative Update BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file an update on state and federal legislation. BACKGROUND INFORMATION: State Update On August 12, 2019, the State Legislature reconvened following its summer recess. Bills that made it through their house of origin and through policy committee in the other house are either waiting to be heard on the floor of the other house or being scheduled for a hearing in Appropriations Committee. It is likely to be an intense last month of the first year of the current two-year legislative session in California. Federal Update Congress went on recess at the end of July and will not come back until the second week of September. Appropriations Despite preliminary work being done on a Fiscal Year 2020 appropriations bill, the current federal fiscal year ends on September 30, which gives the Senate only three weeks upon returning from recess to pass a bill, reconcile it with the House-passed bill, and hope the President will sign it. News outlets are already beginning to report on a likely full or partial government shutdown as a result of this tight timeline. Staff will continue to monitor and report on Congress’ progress on funding the federal government in FY 2020. FAST Act Reauthorization Before the recess, the Senate Committee on Environment and Public Works (EPW) introduced a reauthorization of the current transportation authorization bill, the Fixing America’s Surface 84 Agenda Item 7E Transportation (FAST) Act. As a reminder, the FAST Act expires on September 30, 2020. A long-term transportation authorization bill is critically important for the ongoing and long-term planning of transportation projects with federal formula funding sources such as Congestion Mitigation Air Quality (CMAQ) and Surface Transportation Block Grant (STBG), in addition to discretionary programs the Commission has been pursuing lately like Infrastructure for Rebuilding America (INFRA). The Senate EPW bill would authorize funding for transportation programs over five years (like the FAST Act does) and increases proposed funding levels by 27 percent. While funding and duration in the proposal are both positive, there is yet to be a proposal for how to pay for the $287 billion bill. A considerable amount of additional work is ahead of Congress to reauthorize federal transportation programs beyond 2020 which, notably, is a presidential election year. Staff remains observant and engaged in the reauthorization process through the Commission’s federal advocates and various coalitions and will continue to report on progress being made in the coming months. INFRA On August 7, 2019, staff participated in a debrief with the United State Department of Transportation (USDOT) on the Commission’s State Route 91 Workforce to Workplace Vitality Network INFRA grant application submitted on March 4, 2019. As a reminder, the Commission’s application requested $75 million in federal funding for the SR-91 Corridor Operations Project, SR-71/SR-91 Interchange Improvement Project, and Interstate 15/SR-91 Express Lanes Connector Project. USDOT indicated that the Commission’s grant application received medium and high marks, which gave it a spot on USDOT Secretary of Transportation Elaine Chao’s desk. The Commission’s application was one of 40 large project applications Secretary Chao considered; eight of which were from California. Ultimately, USDOT staff providing the debrief indicated our application was strong and to the extent there continues to be a funding need on the projects in our application, we should continue to pursue federal discretionary grant opportunities. Table 1. Summary of 2019 INFRA Applications Submitted to USDOT OVERALL 193 applications submitted $9.8 billion requested $856 million available 40 applications funded 31 applications from California LARGE* PROJECTS 98 large project applications submitted $8 billion requested $770 million large project money available 23 (of 98) large project applications from California 40 large project applications on recommended list to Secretary 85 Agenda Item 7E 8 large project applications on recommended list to Secretary from California 10 large project applications selected by Secretary SMALL PROJECTS 95 small project applications submitted $1.8 billion requested $86 million small project money available 8 (of 95) small project applications from California 58 small project applications on recommended list to Secretary 10 small project applications selected by Secretary *Large project: cost in excess of $100 million The Safer Affordable Fuel Efficient Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks On August 24, 2018, the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) issued a joint proposed rule, “The Safer Affordable Fuel Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks.” The SAFE Vehicles Rule, as it is referred to, would amend federal fuel efficiency standards for passenger vehicles for model years 2021 to 2026. In 2012, NHTSA and EPA issued proposed tailpipe emissions standards that would increase each year through model year 2025. The Trump Administration conducted a review and found the 2012 standards are not feasible, thus initiating the rulemaking process. The SAFE Vehicles Rule would freeze fuel economy standards for new cars at 2020 levels through model year 2026 rather than continuing the proposed annual increases. NHTSA and EPA contend higher fuel economy standards have diminishing returns, unnecessarily increasing the cost of vehicles. As applicable to the Commission, the Southern California Association of Governments (SCAG) region, and the entire state of California, the SAFE Vehicles Rule would rescind California’s ability to set its own more stringent fuel standards. The Clean Air Act generally preempts the state regulation of motor vehicles, but given California’s unique air quality challenges, the state has been granted a preemption waiver since 1967. The SAFE Vehicles Rule argues the waiver should not be allowed because the higher fuel economy standards push the rest of the country to adopt standards above and beyond what is required by federal law. If California’s waiver is rescinded, the state will be unable to enforce its more stringent vehicle emissions standards, which would result in challenges achieving federal air quality standards, state greenhouse gas emission reduction requirements, and zero-emission vehicle targets. 86 Agenda Item 7E Rescinding California’s waiver threatens over 2,000 transportation projects, totaling more than $130 billion in investment, including project delivery delays or loss of funding. This is primarily due to the fact that the air quality emissions model which is developed by the California Air Resources Board (CARB) would be invalidated. CARB estimates it will take at least two years to update the model using the new, lower emissions standards. Until the model can be updated and then validated by EPA, the Commission will not be able to amend the Federal Transportation Improvement Program (FTIP) to make project changes or process federal grants. Without the ability to amend the FTIP, which is necessary to do frequently as projects evolve, the Commission will be challenged to deliver many of its projects. It is believed the rulemaking may be finalized in September 2019. The California Association of Councils of Governments (CALCOG), of which the Commission is a member, is heavily engaged with state and federal agencies and stakeholders regarding the SAFE Vehicles Rule. In addition, SCAG and its member agencies submitted a letter to the Southern California Congressional Delegation noting our opposition to the finalization of the SAFE Vehicles Rule. The latest update from CALCOG and a copy of the letter sent by SCAG is attached. Staff continues to be engaged with CALCOG and other Regional Transportation Planning Agencies throughout the state. Attachments: 1) Legislative Matrix – September 2019 2) CALCOG Proposed Safe Vehicles Rule Update – July 2019 3) SCAG SAFE Vehicles Rule Letter – July 2019 87 RIVERSIDE COUNTY TRANSPORTATION COMMISSION - POSITIONS ON STATE AND FEDERAL LEGISLATION – SEPTEMBER 2019 Legislation/ Author Description Bill Status Position Date of Board Adoption AB 252 (Daly, Frazier) Removes the sunset date from the NEPA Reciprocity program. Passed Senate Transportation Committee; referred to Senate Appropriations Committee. (June 11, 2019) SUPPORT 3/13/19 AB 1402 (Petrie-Norris) Makes substantive changes to the Active Transportation Program administered by the State, allocating 75% of funds to be distributed by large MPOs. Referred to Committee on Transportation. (March 27, 2019) SUPPORT 4/1/19 SB 152 (Beall) Makes substantive changes to the Active Transportation Program administered by the State, allocating 75% of funds to be distributed by large MPOs. Held in Senate Appropriations Committee under submission. (May 16, 2019) SUPPORT 4/1/19 AB 626 (Quirk-Silva) Seeks to dictate that professionals who provide professional services on one phase of a project be deemed not to have a conflict of interest in subsequent project phases, disregarding the Commission’s adopted Procurement Policy. Ordered to inactive file at request of member. (May 30, 2019) OPPOSE UNLESS AMENDED 4/10/19 AB 456 (Chiu, Bonta, Low) Removes the January 1, 2020 sunset provision on claims resolution processes. Passed Senate Judiciary; referred to Senate Appropriations Committee. (June 11, 2019) OPPOSE 5/8/19 SB 498 (Hurtado) Takes funds dedicated in the Trade Corridors Improvement Fund and repurposes them for a new short-line railroad project grant program. Passed Senate floor. (May 28, 2019) OPPOSE Staff action based on platform 5/30/19 SR 742 (Allen) Authorizes existing state funds for Amtrak to be used on intercity passenger bus transportation, regardless of whether the passenger is connecting to or from intercity rail service. Passed Senate floor; referred to Assembly Transportation Committee. (May 30, 2019) SUPPORT 6/12/19 AB 1149 (Fong) Eliminates the ability of petitioners to opt to prepare the record of proceedings and would place that responsibility solely on the lead agency. Re-referred to Assembly Natural Resources. (April 24, 2019) SUPPORT 6/12/19 ATTACHMENT 1 88 Legislation/ Author Description Bill Status Position Date of Board Adoption SB 664 (Allen) Revises existing statute in the Streets and Highways Code and the Vehicle Code to allow for improved operations of toll facilities in California. Referred to Assembly Appropriations. (August 13, 2019) SUPPORT Staff action based on platform 6/17/19 SB 277 (Beall) Changes the SB 1-created Local Partnership Program to be administered at 85% formula, rather than 50% formula as is currently in adopted guidelines. Referred to Assembly Appropriations; on suspense. (August 14, 2019) SUPPORT Staff action based on platform 7/1/19 HR 2939 (Napolitano) Protects state and local general sales tax revenues from being directed to airports. Introduced. (May 23, 2019) SUPPORT 7/10/19 89 CALCOG Last Updated 7.26.19 PROPOSED SAFE VEHICLES RULE UPDATE JULY 2019 Trump Administration Slows, But Doesn’t Stop. Initial sources indicated the Trump administration was rushing to finalize the proposed rule in early summer 2019. Finalization in early summer would have allowed the administration to defend the rule during President Trump’s current term. Recent updates from three anonymous federal sources, indicate the proposed SAFE Vehicles Rule is anticipated to be finalized after Labor Day 2019. California’s AG’s office and a host of environmental groups have already indicated their intent to sue if the rule is finalized. It is anticipated this legal battle will reach the U.S. Supreme Court. Delaying the final rule until September, increases the likelihood that the case won’t be litigated until after the November 2020 elections. Under this scenario, the next president is anticipated to be largely influential in determining the SAFE Vehicles Rule’s outcome. If President Trump is re-elected; it is assumed the administration will continue the legal battle through the Supreme Court. If a democrat is elected, perhaps, like the early years of the Obama Administration, the administration will withdraw the rule, or refuse to litigate the issue further. In response, we turn our eyes to the nation, and the 2020 presidential election. Four Automakers Strike Emissions Deal with California. In June 2019, seventeen automakers sent a letter to President Trump expressing the auto industry’s opposition to the proposed SAFE Vehicles Rule. The carmakers called on U.S. EPA and U.S. DOT to jointly promulgate a final rule that results in broad support, arguing it would provide stability and increased affordability by allowing the industry to proceed without fear of litigation. The letter urged President Trump to resume negotiations with the California Air Resources Board. A similar letter was sent to Governor Newsom as well. The Trump administration rejected the automakers pleas and to date, has not returned to the negotiating table. July 25, 2019 - Ford, BMW, Volkswagen, and Honda struck a voluntary deal with California on a framework for annual reductions of greenhouse gas emissions for light-duty vehicles that they will incorporate throughout the entire country and that could be incorporated into a final federal rule. This framework was deemed acceptable by California as a reasonable compromise in the face of the Trump Administration’s planned rollback. While the framework would provide additional flexibilities to the carmakers to meet the current emission standards, it delivers the same GHG reductions in five years as the original Obama standards would have achieved in four years. This framework also commits the auto ATTACHMENT 2 90 CALCOG Last Updated 7.26.19 companies to accelerate their transition to electric vehicles. Finally, it recognizes and preserves California’s authority to regulate greenhouse gas emissions. The Trump administration is not a party to the agreement. "Today’s announcement from CARB has no impact on EPA’s regulation of greenhouse gas emissions under the Clean Air Act. This voluntary framework is a PR stunt that does nothing to further the one national standard that will provide certainty and relief for American consumers. As the Administration stated earlier this year, despite our best efforts to reach a common-sense solution with CARB, they continually refused to produce reasonable and responsible proposals,” Michael Abboud, an EPA spokesman, said in email. Odds Slim for House Appropriations Language Preventing Rule Implementation. Appropriations bill, HR 3055 section 145 prohibits funding from being used to finalize or enforce the proposed rule. In early July, labor and industry representatives met with Senate Appropriations Committee staff to discuss the prospects of the House appropriations bill language defunding enforcement of a final SAFE Vehicles Rule, surviving in the Senate. Senate staff acknowledged the SAFE Vehicles Rule was an administration priority and very political. The prospects of the House language surviving, as is, are slim. House Energy & Commerce Subcommittees Provide Bipartisan Letter Requesting Trump Administration and California to Return to Negotiating Table. On June 20, 2019, the House Energy and Commerce Subcommittees on Energy and Commerce and Environment and Climate Change held a joint hearing Driving in Reverse the Administrations Rollback of Fuel Economy and Clean Car Standards. On June 25, 2019, the chairs and ranking subcommittee members sent a bi-partisan letter to EPA Administrator Wheeler and DOT Secretary Chao. The letter called for all interested parties to return to the negotiating table while acknowledging there were differing views about the Constitution (mainly, state’s rights and the role of the interstate commerce clause), the importance of climate change, and how best to make sure the economies of the auto sector are strong along with the traditional and vital questions of safety. At the time of this staff report, the Trump administration has not returned to the negotiating table with California and other interested parties. SAFE Vehicles Rule Architect, EPA Air Chief Wehrum Resigns Abruptly. EPA Air Chief, Bill Wehrum, thought to be the architect of the SAFE Vehicles Rule, abruptly resigned at the end of June. In April, House Democrats launched an investigation into whether Wehrum violated ethics rules by launching the rollback of air pollution regulations that benefited his former lobbying clients in the electric utility sector. Democrats are seeking 91 CALCOG Last Updated 7.26.19 communications between the companies, Wehrum and other EPA regulators. "These allegations have raised substantial questions regarding whether Mr. Wehrum and Mr. Harlow are properly carrying out the [Clean Air Act] as directed by Congress or instead changing Agency policies and programs to benefit former clients, who are also clients of your law firm," the lawmakers wrote to Hunton Andrew Kurth managing partner Wendell Taylor – Mr. Wehrum’s prior employer. To date, his resignation has had no noticeable impact on the proposed finalization of the rule. What Next? In June, CALCOG reported the proposed SAFE Vehicles Rule had been submitted to the federal Office of Management and Budget (OMB) in May 2019. This was incorrect. To date, the rule has not been submitted to OMB. As a refresher, OMB review is one of the last steps in the federal rule making process. OMB is the agency responsible for regulatory policy, including coordination and review of all significant Federal regulations by executive agencies. As part of that review process, OMB will grant meetings with interested parties. We encourage agencies to schedule individual meetings with OMB (note – meetings can be held via conference call) to discuss concerns. A template outlining how to request a meeting with OMB can be found here or on the CALCOG Policy Tracker website. CALCOG website provides continuing updates. Please visit the CALCOG Policy Tracker (www.calcog.org/policytracker) for up to date information regarding the Proposed SAFE Vehicles Rule. 92 Page 1 of 2 July 9, 2019 Southern California Congressional Delegation U.S. House of Representatives Washington, DC 20515 Re: Negative Impacts to Transportation Funding and Projects from the Proposed Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Dear Members: On behalf of the undersigned transportation agencies in Southern California, we write to convey our opposition to the proposed Safer Affordable Fuel Efficient (SAFE) Vehicles Rule, which would weaken national fuel-efficiency standards and result in a wide variety of negative impacts in California and across the nation. The proposed rule would also eliminate the waiver that allows California to set its own stricter emissions standards, which gets special treatment under the Clean Air Act due to our historic smog problems. The change in standards would have significant impacts on transportation plans and projects throughout California. Specifically, in Southern California, the proposed rule would put 443 transportation infrastructure improvement projects totaling $53 billion at risk of project delivery delays or loss of funding and would severely impact well-paying construction jobs. This is in addition to the more obvious environmental and public health impacts. An expected increase in ozone-forming nitrogen oxides emissions from less fuel-efficient vehicles of 15 million metric tons by 2030 will make our air dirtier and reduce the quality of life for the 19 million residents we serve in Southern California. Last August, the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) proposed the SAFE Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks to amend existing Corporate Average Fuel Economy (CAFE) standards and establish new standards for model years 2021 through 2026. If finalized, by changing the fundamental assumptions of vehicle fuel-efficiency, the SAFE Vehicles Rule would invalidate California’s air quality emissions model (EMFAC), which is used to meet the Federal Highway Administration's transportation planning requirements. Without a valid air quality conformity model, state and regional transportation planning agencies in non-attainment areas would be unable to obtain federal approval or make modifications to specified transportation projects in the pipeline (see attached map and list of projects). While the California Air Resources Board (CARB) would endeavor to update the EMFAC model, the process would take a minimum of one year and would need another one to two years to obtain EPA approval before transportation projects could resume. ATTACHMENT 3 93 Page 2 of 2 Although NHTSA and EPA officials have touted the proposed rule as a savings to consumers, it would put $130 billion in transportation funding at-risk in California alone. Furthermore, the Administration and leaders of both parties in Congress have indicated that increased funding for infrastructure is a priority. Action to finalize the proposed SAFE Vehicles Rule would be inconsistent with statements of support for investing in the nation’s vital infrastructure. We respectfully oppose the proposed SAFE Vehicles Rule and ask that the Southern California Congressional Delegation work together to ensure the Administration fully considers these impacts, specifically of rescinding California’s waiver, and withholds from moving forward with the proposed rule. If you have questions, I am always available at (213) 236-1835 or via email at Ajise@scag.ca.gov. Sincerely, Kome Ajise Mark Baza Executive Director Executive Director Southern California Association of Governments Imperial County Transportation Commission Darrell E. Johnson Darren M. Kettle Chief Executive Officer Executive Director Orange County Transportation Authority Ventura County Transportation Commission Anne E. Mayer Phillip A. Washington Executive Director Chief Executive Officer Riverside County Transportation Commission Los Angeles County Metropolitan Transportation Authority Ray Wolfe Executive Director San Bernardino County Transportation Authority cc: Mick Mulvaney, Director of the Office of Management and Budget Elaine L. Chao, Secretary of Transportation Heidi King, Deputy Administrator of the National Highway Traffic Safety Administration Andrew Wheeler, Administrator of the Environmental Protection Agency 94 AGENDA ITEM 7F Agenda Item 7F RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Martha Masters, Senior Management Analyst Shirley Medina, Planning and Programming Director THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2019/20 Annual Local Transportation Fund Planning Allocations to Western Riverside Council of Governments and Coachella Valley Association of Governments BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve an allocation of Local Transportation Fund (LTF) funds for planning in the amount of $800,250 for Western Riverside Council of Governments (WRCOG) and $436,500 for the Coachella Valley Association of Governments (CVAG) for efforts identified in each agency’s Fiscal Year 2019/20 LTF Program Objectives/Work Plan (Work Plan) that supports transportation planning programs and functions consistent with regional and subregional plans, programs, and requirements. BACKGROUND INFORMATION: The LTF established in state law by the Transportation Development Act (TDA) is funded through a one-quarter of one cent of the state’s 7.25 percent sales tax (based on point of sale and returned to source). LTF funds are used to fund transportation planning, operations, and capital projects. The action requested at this time is specifically to allocate the planning funds to the two councils of governments, WRCOG and CVAG. Other LTF allocations such as those for transit and rail operations and capital projects were approved by the Commission in July 2019 following approval of the annual Short Range Transit Plans in June. Bicycle and pedestrian facilities are also funded by LTF and are part of the biennial SB 821 Call for Projects. The LTF funding is distributed by the State Board of Equalization to the counties on a pro rata basis, pursuant to Section 99233.2 of the TDA, providing up to 3 percent of annual revenues to fund transportation planning and programming efforts. The Commission, as the regional transportation planning agency, is legally responsible for apportioning the LTF funds. Based on the projected FY 2019/20 revenues of $97 million, 3 percent of the projected revenue, or $2.91 million, is for planning and programming. By statute, the TDA also requires one half of these LTF funds, or $1.45 million, be allocated for planning activities within the Western Riverside County and the Coachella Valley areas, as determined by the Commission. Distribution of the funding, as confirmed by the Commission in October 2014, is as follows: 95 Agenda Item 7F Planning Agency Percentage Apportionment/Allocation RCTC 15 $218,250 WRCOG 55 800,250 CVAG 30 436,500 Total 100 $1,455,000 WRCOG and CVAG submitted their respective FY 2019/20 Work Plans in accordance with existing guidelines. WRCOG’s Work Plan is divided into two program areas and includes the following activities: 1) Planning Programs – including, but not limited, to: - Riverside County Model (RIVCOM) Update - 2020 Southern California Association of Government’s (SCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) - SB 743 Implementation Study - Framework development of a long-term cybersecurity/transportation systems strategy for the WRCOG subregion - Research on the effects of automated vehicles on the WRCOG subregion - Transportation related climate change and climate adaptation analyses and planning for the WRCOG subregion - Smart Cities and Alternative Fuel Vehicle Development and Air Quality 2) Regional Transportation Programs - Transportation Uniform Mitigation Fee (TUMF) Program - Riverside County Transportation Commission Programs CVAG’s Work Plan consists of nine main program areas: 1) Transportation Department Operations; 2) Project Management and Contract Administration; 3) CV Link Project Development; 4) Riverside County Transportation Commission Programs; 5) Planning, Programming, and Monitoring Program; 6) Miscellaneous Programs including GIS Information Services, support for the countywide transportation model and Regional Arterial Traffic Count Program; 7) Congestion Management/Air Quality Programs; 8) TUMF Program; and 9) Governmental and Special Projects. Staff reviewed the Work Plans and found them to be consistent with the Commission’s overall transportation programming and planning objectives and recommends approval. The Work Plans also benefit the respective geographic regions and are consistent with subregional and 96 Agenda Item 7F regional plans including SCAG’s RTP/SCS. WRCOG and CVAG, in conjunction with SCAG, are responsible for subregional planning efforts that implement and are in conformance with the RTP/SCS. Financial Information In Fiscal Year Budget: Yes Year: FY 2019/20 Amount: $1,236,750 Source of Funds: LTF Budget Adjustment: No GL/Project Accounting No.: 106 65 86205 Fiscal Procedures Approved: Date: 08/15/2019 Attachments: 1) WRCOG FY 2019/20 LTF Program Objectives/Work Plan 2) CVAG FY 2019/20 LTF Program Objectives/Work Plan 97 Western Riverside Council of Governments (WRCOG) Fiscal Year 2019/2020 Local Transportation Funds Program Objectives The Work Plan for FY 2019/2020 is divided into two Program areas: 1) Planning Programs and 2) Regional Transportation Programs. 1. Planning Programs California Air Resources Board South Coast Air Quality Management District (SCAQMD) Southern California Associations of Governments (SCAG) California Association of Councils of Governments (CALCOG) Local Jurisdictions within WRCOG subregion Planning: This program includes staff time to develop and work on ten main projects/program areas. These are listed below and include a brief description. A. Continued development of the new Riverside County Model (RIVCOM) The RIVCOM Update will provide updates on socio-economic forecasts to reflect SCAG’s recently adopted growth forecasts, updates to the roadway network, utilize data from SCAG’s most recent Regional Travel Model to ensure consistency, and correct any significant structural issues related to RIVCOM. B. Support local jurisdictions on 2020 Connect SoCal Plan (SCAG Regional Transportation Plan/Sustainable Communities Strategy) Staff will continue to provide support to local jurisdictions as SCAG refines socio-economic data (SED) forecasts to incorporate into the Connect SoCal Plan. The assistance provided will be to ensure that input from the WRCOG subregion will be included in the long-range vision plan that aims to balance future mobility and housing needs with economic, environmental and public health goals. The Plan is vital for the subregion as it allows RCTC and its jurisdictions to qualify for federal funding towards transportation projects. Connect SoCal is supported by a combination of transportation and land use strategies that help the region achieve state greenhouse gas emission reduction goals and federal Clean Air Act requirements, preserve open space areas, improve public health and roadway safety, support our vital goods movement industry and utilize resources more efficiently. C. Continue to assist jurisdictions with Senate Bill (SB) 743 Implementation ATTACHMENT 1 98 The SB 743 Implementation Study assists stakeholders to transition from utilizing level of service methodology for mitigation impacts to vehicle miles traveled. WRCOG will continue to assist jurisdictions in identifying the necessary steps to implementing SB 743 and create template ordinances for jurisdictions to utilize when adopting ordinances becomes necessary. D. Research, agenda preparation, and staffing for WRCOG Planning Directors Committee The research, agenda preparation, and staffing for the WRCOG Planning Directors Committee will support WRCOG member agencies to obtain information, access to research, and awareness of applicable grant opportunities, as well as foster discussions between WRCOG member jurisdictions regarding the latest challenges and opportunities facing the WRCOG subregion, in order to achieve more cost effective and efficient solutions to planning-related matters on a monthly basis. E. Research, agenda preparation, and staffing for WRCOG Public Works Committee The research, agenda preparation, and staffing for the WRCOG Public Works Committee will support WRCOG member agencies to obtain information, access to research, and awareness of applicable grant opportunities, as well as foster discussions between WRCOG member jurisdictions regarding the latest challenges and opportunities facing the WRCOG subregion, in order to achieve more cost effective and efficient solutions to public works or engineering-related matters on a monthly basis. F. Research framework on the development of a long-term cybersecurity strategy for the WRCOG subregion WRCOG will continue to conduct research into a possible framework of a cybersecurity strategy that will focus on a large-scale plan to provide direction for future research and regional policy development on cybersecurity and transportation systems for the subregion as the system increases the level of connectivity with traffic signals and cameras, and transportation management centers regularly communicate with each other and the outside world. Staff will also continue to identify possible funding mechanisms to develop a Plan and develop applications if feasible. G. Follow-up research and outreach on the effects of automation on the WRCOG subregion WRCOG will conduct follow-up research and outreach on the effects of automation on the subregion that will continue to analyze the subregion’s current economic structure, strategic positioning, and risks as reference points. The research will also analyze the expected future economic structure and opportunities for strategic positioning, and discuss future risks based on the technical automation potential of industry sectors. WRCOG will work to ensure this information is disseminated to jurisdictions through its 99 Committee structure and is presented at forums, conferences, and panels where suitable. H. Outreach for WRCOG Programs and activities and engagement with WRCOG members, partner agencies, and stakeholders The outreach for WRCOG Programs and activities and partner agencies will include assisting local jurisdictions and education institutions on the various WRCOG Programs and subregional challenges faced. Outreach will continue on the WRCOG Public Service Fellowship, which encourages students to seek careers in public policy and local government by gaining meaningful, hands-on experience at WRCOG member agencies. Staff will continue to provide content for educational outreach on issues faced in the WRCOG subregion and WRCOG Programs through the “WRCOGCAST”. In addition, staff will continue to promote and attend member jurisdiction/agency events throughout the year. Lastly, staff will conduct outreach to the subregion’s legislatures and their staff to provide updates on issues local jurisdictions and agencies are facing, such as housing. I. Staff time for climate change and climate adaptation analyses and planning for the WRCOG subregion. The staff time for climate change and climate adaptation efforts for the WRCOG subregion will be to continue overseeing studies and planning efforts to identify effects of climate change to the subregion and opportunities to mitigate these effects, particularly as it relates to transportation infrastructure. One specific effort that will be supported by LTF will be the development of design guidelines to create climate reliant transportation infrastructure. These funds will be used as matching funds to support the development of this guidebook, as funded through SB 1 Planning Funds. J. Smart Cities and Alternative Fuel Vehicle Development, and Air Quality: Activities include: a) Research and implementation of Smart Cities technologies for local transportation infrastructure including the possible development of a regional ITS program for Western Riverside County. b) Provide outreach to the jurisdictions regarding air quality issues and funding opportunities. c) Support WRCOG Clean Cities and Programs that WRCOG has developed to assist jurisdictions in the purchase of alternative fuel vehicles and the development of the supporting infrastructure. d) Continued staff participation in SCAQMD activities, rule-making, funding opportunities, and the SCAQMD Air Quality Management Plan Advisory Group that will review and make recommendations regarding the development of the 2022 Air Quality Management Plan (AQMP). 100 2. Regional Transportation Programs Riverside County Transportation Commission (RCTC) Riverside Transit Agency Caltrans SCAG CALCOG This program includes staff time to develop and work on two main projects/program areas. These are listed below and include a brief description. TUMF: This Program includes staff time to administer the TUMF Program, which includes but is not limited to the following: A. Program contract/agreement administration: Review, coordinate, and finalize Reimbursement Agreements with member agencies for funding allocations based on five-year Zone Transportation Improvement Program (TIP). B. Public outreach/information: Prepare the TUMF Annual Report detailing collections for fiscal year and projects being funded with collections. Develop Press Releases for the TUMF Program highlighting major milestones, groundbreakings, ribbon cuttings. Filming of groundbreakings and ribbon cuttings for TUMF funded projects. Develop and purchase of signage for TUMF funded projects. C. TUMF Zone Transportation Improvement Program (TIP): Preparation and approval of five-year Zone TIPs with programmed funding for delivery of TUMF projects. Convene meetings of the Zone at the request of member agencies for funding additions and adjustments. Review funding requests to ensure that allocations are within limits of the Nexus Study. D. Preparation of annual adjustment for construction costs: Per the TUMF Administrative Plan, annual review of the construction cost index adjustment to the TUMF for consideration by the WRCOG Executive Committee. Preparation of the adjustment to the TUMF Network and develop documents for review by the WRCOG Committee structure. If approved by the WRCOG Executive Committee, prepare TUMF Ordinance/Resolution for member agency approval. E. Develop TUMF payment portal: WRCOG is collecting TUMF on behalf of agencies that have approved a TUMF Ordinance Amendment with the option to delegate fee collection responsibility to WRCOG. To provide efficient and effective calculation and 101 collection of TUMF, WRCOG will develop a portal for member agency staff to submit calculation requests and for developers to make payments. F. Work with developers on credit and reimbursement agreements: Coordinate with member agencies Credit Agreements with developers to ensure that all policies and procedures are in place prior to execution of agreements. If necessary, convene meetings with applicable stakeholders to memorialize eligible expenses, maximum allocations of the Nexus Study and reconciliation of projects costs. G. Review available data for request made my stakeholders regarding TUMF calculations: At the request of a stakeholder, review available data specific to land uses that may generate trips that don’t typically fall within the standard TUMF land uses. Riverside County Transportation Commission Programs: This Program includes staff time to administer assist RCTC as it relates transportation planning and air quality programs, which includes but is not limited to the following: a) Participation in TUMF Program tasks as needed to assist RCTC in the implementation of the Regional TUMF Program. b) Participate in evaluation committees as requested; outreach assisting with RCTC’s Programs and goals, and other planning related tasks as determined in consultation with the RCTC Executive Director. 102 TRANSPORTATION DEPARTMENT PROGRAM GOALS AND OBJECTIVES FISCAL YEAR 2019/20 The Work Plan for 2019/20 is separated into nine main program areas: 1) Transportation Department Operations Transportation Program Administration Implementation of Transportation Project Prioritization Study (TPPS), Regional Arterial Cost Estimate (RACE) and Active Transportation Program (ATP) Capital Improvement Program (CIP) Update Other Transportation Planning Operations Management and Administration This program area performs primarily administrative functions which consist of general transportation program administrative activities and various transportation planning duties in support of the Transportation Department. Continued implementation of the 2016 TPPS, RACE and ATP Program and implementation of the Valley–wide Signal Synchronization program are primary consideration this fiscal year. (Funded from Measure A, TUMF and Active Transportation Program Funds) 2)Project Management and Contract Administration Financial Cash Flow Project Status Tracking Preparation and Monitoring of Reimbursement Agreements Includes staff time to conduct project oversight (design, environmental, construction and close-out), preparation of reimbursement agreements for regional arterial projects, review and approval of project billings in accordance with project scope of work and participation in project development team meetings and associated staff reports. (Funded from Measure A, TUMF, LTF and Special Program Funds) 3) CV Link Project Development (Phased) Project Development and Monitoring Cash Flow Tracking Grant Condition Monitoring Includes staff time to conduct project oversight of consultant services (environmental compliance and phased construction plans); review of project billings; participation in project development team meetings and preparation of associated reports. Finalizing construction plans, specifications and cost estimates and starting construction of the CV Link Project is a primary consideration this fiscal year. ATTACHMENT 2 103 (Funded from Riverside County Regional Park and Open Space District Grant, Caltrans Environmental Justice Grant, California Strategic Growth Council Grant, PP&M, LTF, Sentinel Project AQMD Grant, CMAQ, STIP, ATP and Measure A) 4) Riverside County Transportation Commission (RCTC) Programs  Congestion Management Program/System (CMP/CMS)  RCTC Technical Advisory Committee  SB 821  Coachella Valley Rail Program Includes staff time to support the Riverside County Congestion Management Program; analysis of traffic patterns through the traffic count program; provide RCTC staff regional transportation project information for the State Regional Transportation Improvement Program (RTIP); support the RCTC Technical Advisory Committee; support efforts for County-wide SB 821 funding; Coachella Valley Passenger Rail Service Development Plan. (Funded from LTF, STA, Proposition 1B [one-time funds] and TUMF) 5) Planning, Programming and Monitoring Program  Regional Transportation Improvement Program/State Transportation Improvement Program (RTIP/STIP) This area includes staff time in support of the State Transportation Improvement Program (STIP) and Regional Transportation Improvement Program (RTIP), support in implementation of the CVAG Transportation Project Prioritization Study (TPPS), coordination of updates to the Capital Improvement Plan (CIP), and monitoring and examining impacts of implementing SB 45. TPPS activities support the regional project construction program which includes staff time to develop an annual prioritized list of construction projects and required financial resources. (Funded from PP&M, LTF and Measure A) 6) Miscellaneous Programs  GIS Information Services  Maintain Transportation Model  Regional Arterial Traffic Count Program This area involves support to multiple programs with a focus on key project areas. These areas include staff time and project management to maintain and provide input for GIS Information Services, the countywide transportation demand model, the regional arterial traffic count program, and transportation legislation review and analysis. GIS Information Services includes staff time to provide regional land use information to CVAG jurisdictions, developers, SCAG and Caltrans. The countywide transportation model involves support for the RIVTAM transportation model for forecasting projected transportation system needs to the year 2039. (Funded from Measure A, TUMF, and Special Program Funds) 104 7) Congestion Management /Air Quality Programs  CM/AQ Programs  Conformance with SIP requirements Involves Transportation Department staff support to CMAQ program areas. Also includes implementation of State Implementation Plan (SIP) conformance to CVAG regional projects. (Funded from CMAQ and Measure A) 8) Transportation Uniform Mitigation Fee (TUMF) Program  TUMF Program Administration  TUMF/GIS Interface  TUMF Audits Includes staff time in support of the TUMF program and TUMF/GIS Interface program. TUMF program activities include staff time to update the program, monitor the implementation of the TUMF program in member jurisdictions, to perform annual fiscal reviews of building permits and monthly TUMF collections, to research, analyze and prepare reports for TUMF appeals, to enter TUMF collections in the TUMF data base, to meet with developers on request to review potential TUMF assessments, and to perform special TUMF analysis on request. The TUMF/GIS Interface program requires support for continuing the development of integrating the TUMF collection process with electronic transmission of new development information for land use coverages. The TUMF program is a primary consideration this fiscal year. (Funded from TUMF) 9) Governmental and Special Projects  Southern California Association of Governments (SCAG) The SCAG program includes staff time to coordinate the CVAG sub-region SCAG Program needs, develop annual growth projections, provide input to the Federal and Regional Transportation Improvement Plans (FTIP and RTIP), and assist SCAG with transportation modeling refinements. Additionally, staff performs specific transportation project work for SCAG. (Funded from Special Program Funds)  Special Projects Some proposed projects may involve general fund money or special grants. Any project not already a part of the regular work programs, will be brought through the committee process for approval of the proposed work. (Funded from Special Grant funds) 105 AGENDA ITEM 7G Agenda Item 7G RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Toll Policy and Operations Committee Jennifer Crosson, Toll Operations Manager THROUGH: Anne Mayer, Executive Director SUBJECT: 91 Express Lanes Monthly Status Reports TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the 91 Express Lanes Monthly Reports for the quarter ended June 30, 2019. BACKGROUND INFORMATION: The monthly 91 Express Lanes reports for the fourth quarter of 2019 are provided. The monthly reports provide information about 91 Express Lanes performance and activity. The monthly reports include information for both segments of the 91 Express Lanes in Orange and Riverside Counties. Attachments: 1) 91 Express Lanes Status Report for April 2019 2) 91 Express Lanes Status Report for May 2019 3) 91 Express Lanes Status Report for June 2019 106 Orange County Transportation Authority Riverside County Transportation Commission Status Report April 2019 As of April 30, 2019 ATTACHMENT 1 107 108 2 Table of Contents Operations Overview OCTA ............................................................................................ 3 Traffic and Revenue Statistics for OCTA ......................................................................... 3 OCTA Traffic and Revenue Summary ............................................................................. 5 OCTA Eastbound Peak-Hour Volumes ........................................................................... 6 OCTA Westbound Peak-Hour Volumes .......................................................................... 7 OCTA Operational Highlights .......................................................................................... 8 Financial Highlights OCTA ............................................................................................ 10 Operations Overview RCTC .......................................................................................... 11 Traffic and Revenue Statistics for RCTC ....................................................................... 11 RCTC Traffic and Revenue Summary ........................................................................... 13 RCTC Peak-Hour Volumes ........................................................................................... 14 RCTC Eastbound Peak-Hour Volumes ......................................................................... 15 RCTC Westbound Peak-Hour Volumes ........................................................................ 17 RCTC Operational Highlights ........................................................................................ 19 Financial Highlights RCTC ............................................................................................ 20 Joint Agency Trip and Revenue Statistics ..................................................................... 21 Joint Agency Traffic Statistics ....................................................................................... 21 Joint Agency Performance Measures............................................................................ 22 Joint Agency Transponder Distribution.......................................................................... 22 Number of Accounts by Fiscal Year .............................................................................. 23 Incoming Email Activity ................................................................................................. 23 109 110 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATIST ICS FOR OCTA Total traffic volume on the OCTA 91 Express Lanes for April 2019 was 1,529,138. This represents a daily average of 50,971. This is a 4.7% increase in total traffic volume from the same period last year when traffic levels totaled 1,461,076. Potential toll revenue for the month was $4,487,650 which represents an increase of 4.6% from the prior year’s total of $4,289,009. Carpool percentage for the month was 26.59% as compared to the previous year’s rate of 25.52%. Month-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the OCTA 91 Express Lanes and associated potential revenue for the month of April 2019. Current Month-to-Date (MTD) as of April 30, 2019 Trips Apr-19 MTD Actual Stantec MTD Projected # Variance % Variance Apr-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,122,505 1,153,473 (30,968) (2.7%)1,088,166 3.2% 3+ Lanes 406,633 353,325 53,308 15.1% 372,910 9.0% Total Gross Trips 1,529,138 1,506,798 22,340 1.5% 1,461,076 4.7% Revenue Full Toll Lanes $4,406,472 $4,615,139 ($208,667) (4.5%)$4,212,016 4.6% 3+ Lanes $81,179 $88,044 ($6,865) (7.8%)$76,993 5.4% Total Gross Revenue $4,487,650 $4,703,183 ($215,533) (4.6%)$4,289,009 4.6% Average Revenue per Trip Average Full Toll Lanes $3.93 $4.00 ($0.07) (1.8%)$3.87 1.6% Average 3+ Lanes $0.20 $0.25 ($0.05) (20.0%)$0.21 (4.8%) Average Gross Revenue $2.93 $3.12 ($0.19) (6.1%)$2.94 (0.3%) 111 4 The 2019 fiscal year-to-date traffic volume increased by 5.5% and potential toll revenue increased by 5.2%, when compared with the same period last year. Year-to-date average revenue per-trip is $2.97. Fiscal year-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the OCTA 91 Express Lanes and associated potential revenue for the month s of July 2018 through April 2019. FY 2018-19 Year to Date as of April 30, 2019 Trips FY 2018-19 YTD Actual Stantec YTD Projected # Variance % Variance FY 2017-18 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 10,699,454 10,960,279 (260,825) (2.4%)10,330,635 3.6% 3+ Lanes 3,831,755 3,298,070 533,685 16.2% 3,441,237 11.3% Total Gross Trips 14,531,209 14,258,349 272,860 1.9% 13,771,872 5.5% Revenue Full Toll Lanes $42,370,608 $43,805,775 ($1,435,167) (3.3%)$40,267,281 5.2% 3+ Lanes $759,092 $835,614 ($76,522) (9.2%)$728,322 4.2% Total Gross Revenue $43,129,699 $44,641,388 ($1,511,689) (3.4%)$40,995,603 5.2% Average Revenue per Trip Average Full Toll Lanes $3.96 $4.00 ($0.04) (1.0%)$3.90 1.5% Average 3+ Lanes $0.20 $0.25 ($0.05) (20.0%)$0.21 (4.8%) Average Gross Revenue $2.97 $3.13 ($0.16) (5.1%)$2.98 (0.3%) 112 5 O CTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between Full Toll trips and HOV3+ trips for FY 2018-19 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2018-19 on a monthly basis. 1,069,688 1,161,329 1,049,290 1,135,413 1,038,190 1,019,435 1,002,301 963,815 1,137,488 1,122,505 413,104 406,156 368,160 369,843 377,154 400,853 357,715 330,368 401,769 406,633 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19Volume Month FY 2018-19 Traffic Volume Overview Full Toll Lanes 3+ Lanes $4,214,894 $4,624,936 $4,104,552 $4,480,483 $4,186,694 $4,006,933 $4,033,705 $3,846,951 $4,464,988 $4,406,472 $78,927 $84,776 $64,603 $77,422 $68,532 $75,656 $80,401 $70,156 $77,440 $81,179 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19Revenue Month FY 2018-19 Revenue Summary Full Toll Lanes 3+ Lanes 113 6 Peak traffic hour in the eastbound direction reached or exceeded 90% or more of defined capacity 27 times during the month of April 2019. As demonstrated on the next chart, westbound peak hour traffic volumes top out at 82% of defined capacity. OCTA EASTBOUND PEAK -HOUR VOLUMES PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 507 2,603 77%$5.05 499 2,883 85%$5.05 524 2,883 85%$5.95 502 2,883 85%$6.35 624 3,229 95% 1500 - 1600 $5.40 696 3,033 89%$5.65 724 2,977 88%$7.00 756 3,281 97%$6.00 764 3,188 94%$9.15 708 2,742 81% 1600 - 1700 $5.25 556 2,874 85%$5.50 432 2,489 73%$7.50 536 2,508 74%$8.80 573 2,744 81%$8.95 560 2,810 83% 1700 - 1800 $5.20 624 3,150 93%$5.40 484 2,634 77%$6.40 592 3,045 90%$8.70 587 3,046 90%$6.90 672 2,985 88% 1800 - 1900 $5.40 633 2,395 70%$3.85 717 3,027 89%$3.85 634 2,910 86%$4.75 687 2,990 88%$6.40 617 2,446 72% 1900 - 2000 $3.75 508 1,669 49%$3.75 661 2,355 69%$3.75 573 2,037 60%$5.50 577 1,973 58%$5.95 609 2,013 59% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 462 2,661 78%$5.05 456 2,868 84%$5.05 461 2,927 86%$5.95 507 3,254 96%$6.35 619 3,367 99% 1500 - 1600 $5.40 677 2,977 88%$5.65 737 2,918 86%$7.00 699 3,214 95%$6.00 742 3,096 91%$9.15 617 2,299 68% 1600 - 1700 $5.25 544 2,857 84%$5.50 504 2,963 87%$7.50 493 2,556 75%$8.80 543 2,756 81%$8.95 592 2,909 86% 1700 - 1800 $5.20 558 3,005 88%$5.40 584 3,000 88%$6.40 540 2,847 84%$8.70 589 2,850 84%$6.90 604 3,069 90% 1800 - 1900 $5.40 722 2,867 84%$3.85 663 3,090 91%$3.85 624 2,885 85%$4.75 695 2,875 85%$6.40 658 3,201 94% 1900 - 2000 $3.75 436 1,722 51%$3.75 487 1,938 57%$3.75 613 2,454 72%$5.50 712 2,764 81%$5.95 648 2,410 71% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 455 2,631 77%$5.05 460 2,876 85%$5.05 552 3,059 90%$5.95 512 3,295 97%$6.35 623 3,080 91% 1500 - 1600 $5.40 632 2,899 85%$5.65 722 2,845 84%$7.00 708 3,148 93%$6.00 710 2,398 71%$9.15 759 2,661 78% 1600 - 1700 $5.25 504 2,878 85%$5.50 463 2,808 83%$7.50 513 2,637 78%$8.80 507 2,585 76%$8.95 510 2,688 79% 1700 - 1800 $5.20 623 3,223 95%$5.40 574 2,968 87%$6.40 538 2,840 84%$8.70 565 2,846 84%$6.90 579 2,626 77% 1800 - 1900 $5.40 661 2,598 76%$3.85 665 3,045 90%$3.85 680 3,101 91%$4.75 647 2,904 85%$6.40 565 2,072 61% 1900 - 2000 $3.75 453 1,723 51%$3.75 551 2,071 61%$3.75 551 2,293 67%$5.50 719 2,852 84%$5.95 528 1,724 51% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 482 2,602 77%$5.05 514 3,042 89%$5.05 525 2,994 88%$5.95 535 3,329 98%$6.35 568 3,276 96% 1500 - 1600 $5.40 696 3,057 90%$5.65 667 2,756 81%$7.00 740 3,298 97%$6.00 735 3,030 89%$9.15 727 2,684 79% 1600 - 1700 $5.25 559 3,063 90%$5.50 459 2,785 82%$7.50 493 2,482 73%$8.80 527 2,600 76%$8.95 502 2,728 80% 1700 - 1800 $5.20 555 2,909 86%$5.40 575 2,915 86%$6.40 529 2,884 85%$8.70 612 2,991 88%$6.90 550 2,865 84% 1800 - 1900 $5.40 674 2,604 77%$3.85 536 2,322 68%$3.85 700 3,050 90%$4.75 678 2,994 88%$6.40 672 2,541 75% 1900 - 2000 $3.75 474 1,736 51%$3.75 679 2,702 79%$3.75 604 2,413 71%$5.50 649 2,453 72%$5.95 553 1,869 55% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 467 2,596 76%$5.05 467 2,882 85% 1500 - 1600 $5.40 685 2,988 88%$5.65 740 2,855 84% 1600 - 1700 $5.25 545 2,960 87%$5.50 503 2,944 87% 1700 - 1800 $5.20 565 2,998 88%$5.40 600 3,077 91% 1800 - 1900 $5.40 626 2,441 72%$3.85 611 2,710 80% 1900 - 2000 $3.75 433 1,426 42%$3.75 508 1,866 55% Thursday 05/02/19 Friday 05/03/19 Thursday 04/25/19 Friday 04/26/19 Monday 04/29/19 Tuesday 04/30/19 Wednesday 05/01/19 Thursday 04/18/19 Friday 04/19/19 Monday 04/22/19 Tuesday 04/23/19 Wednesday 04/24/19 Thursday 04/11/19 Friday 04/12/19 Monday 04/15/19 Tuesday 04/16/19 Wednesday 04/17/19 Thursday 04/04/19 Friday 04/05/19 Monday 04/08/19 Tuesday 04/09/19 Wednesday 04/10/19 Monday 04/01/19 Tuesday 04/02/19 Wednesday 04/03/19 114 7 OCTA W ESTBOUND PEAK -HOUR V OLUMES AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 788 2,450 72%$3.00 827 2,399 71%$3.00 845 2,558 75%$3.00 790 2,401 71%$3.00 684 1,959 58% 0500 - 0600 $4.85 921 2,504 74%$4.85 1002 2,728 80%$4.85 906 2,464 72%$4.85 929 2,522 74%$4.60 796 2,319 68% 0600 - 0700 $5.05 612 2,044 60%$5.05 609 2,041 60%$5.05 665 2,151 63%$5.05 633 2,091 62%$4.85 623 2,095 62% 0700 - 0800 $5.55 529 1,891 56%$5.55 532 2,087 61%$5.55 584 2,256 66%$5.55 515 2,042 60%$5.40 461 1,841 54% 0800 - 0900 $5.05 348 1,900 56%$5.05 419 1,983 58%$5.05 429 2,242 66%$5.05 380 2,055 60%$4.85 402 1,872 55% 0900 - 1000 $4.00 439 1,872 55%$4.00 393 2,003 59%$4.00 464 2,348 69%$4.00 442 2,134 63%$4.00 366 1,617 48% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 856 2,556 75%$3.00 827 2,485 73%$3.00 856 2,529 74%$3.00 827 2,470 73%$3.00 725 2,146 63% 0500 - 0600 $4.85 966 2,541 75%$4.85 996 2,690 79%$4.85 878 2,488 73%$4.85 918 2,514 74%$4.60 871 2,487 73% 0600 - 0700 $5.05 660 2,225 65%$5.05 668 2,093 62%$5.05 683 2,147 63%$5.05 715 2,222 65%$4.85 646 2,243 66% 0700 - 0800 $5.55 482 2,017 59%$5.55 573 2,190 64%$5.55 526 2,021 59%$5.55 576 2,336 69%$5.40 549 2,112 62% 0800 - 0900 $5.05 347 2,069 61%$5.05 354 2,209 65%$5.05 371 2,217 65%$5.05 390 2,226 65%$4.85 371 2,019 59% 0900 - 1000 $4.00 293 2,053 60%$4.00 350 2,289 67%$4.00 355 2,318 68%$4.00 338 2,237 66%$4.00 327 2,077 61% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 845 2,633 77%$3.00 817 2,499 74%$3.00 844 2,514 74%$3.00 856 2,549 75%$3.00 627 1,837 54% 0500 - 0600 $4.85 883 2,474 73%$4.85 981 2,671 79%$4.85 945 2,518 74%$4.85 947 2,474 73%$4.60 790 2,283 67% 0600 - 0700 $5.05 692 2,166 64%$5.05 614 1,972 58%$5.05 656 2,204 65%$5.05 636 2,087 61%$4.85 582 1,870 55% 0700 - 0800 $5.55 547 2,193 65%$5.55 572 2,193 65%$5.55 530 2,182 64%$5.55 546 2,062 61%$5.40 427 1,725 51% 0800 - 0900 $5.05 389 2,250 66%$5.05 371 2,207 65%$5.05 326 2,059 61%$5.05 374 2,193 65%$4.85 326 1,598 47% 0900 - 1000 $4.00 346 2,255 66%$4.00 330 2,107 62%$4.00 325 2,057 61%$4.00 305 2,005 59%$4.00 367 1,730 51% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 859 2,551 75%$3.00 844 2,590 76%$3.00 911 2,672 79%$3.00 852 2,484 73%$3.00 713 1,973 58% 0500 - 0600 $4.85 931 2,507 74%$4.85 972 2,683 79%$4.85 899 2,514 74%$4.85 951 2,507 74%$4.60 891 2,430 71% 0600 - 0700 $5.05 622 2,153 63%$5.05 644 2,037 60%$5.05 718 2,281 67%$5.05 670 2,027 60%$4.85 664 2,177 64% 0700 - 0800 $5.55 530 2,110 62%$5.55 578 2,335 69%$5.55 531 2,200 65%$5.55 646 2,380 70%$5.40 504 1,917 56% 0800 - 0900 $5.05 411 2,164 64%$5.05 385 2,294 67%$5.05 380 2,297 68%$5.05 401 2,242 66%$4.85 324 1,726 51% 0900 - 1000 $4.00 407 2,112 62%$4.00 392 2,242 66%$4.00 376 2,238 66%$4.00 358 2,133 63%$4.00 279 1,664 49% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 837 2,517 74%$3.00 859 2,518 74% 0500 - 0600 $4.85 913 2,451 72%$4.85 1052 2,787 82% 0600 - 0700 $5.05 714 2,329 69%$5.05 637 2,022 59% 0700 - 0800 $5.55 579 2,300 68%$5.55 661 2,435 72% 0800 - 0900 $5.05 421 2,207 65%$5.05 354 2,176 64% 0900 - 1000 $4.00 377 2,284 67%$4.00 354 2,255 66% Thursday 05/02/19 Friday 05/03/19 Thursday 04/25/19 Friday 04/26/19 Monday 04/29/19 Tuesday 04/30/19 Wednesday 05/01/19 Thursday 04/18/19 Friday 04/19/19 Monday 04/22/19 Tuesday 04/23/19 Wednesday 04/24/19 Thursday 04/11/19 Friday 04/12/19 Monday 04/15/19 Tuesday 04/16/19 Wednesday 04/17/19 Thursday 04/04/19 Friday 04/05/19 Monday 04/08/19 Tuesday 04/09/19 Wednesday 04/10/19 Monday 04/01/19 Tuesday 04/02/19 Wednesday 04/03/19 115 8 OCTA OPERATIONAL HIGHLIGHTS On-road Operations OCTA Customer Assistance Specialists (CAS) responded to 120 calls during the month of April. Of those calls, 104 were to assist disabled vehicles and 7 calls to remove debris. The CAS provided assistance to 9 accidents in the Express Lanes and 1 of those accidents originated from the SR91 general-purpose lanes. Electronic Toll and Traffic Management System Project Update An agreement with Kapsch TrafficCom USA, Inc., (Kapsch) was executed in June 2018 to provide toll lane system integrator services for the design, installation, operations, and maintenance of the electronic toll and traffic management system for the 91 Express Lanes. In April, Kapsch has developed several project plans and documentations and held weekly coordination meetings with OCTA and Cofiroute in preparation for the transition to the new lane system. This new lane system will be able to read the new 6C protocol as well as the current Title 21 protocol. Following RCTC’s completion of their lane system installation on the 91 Express Lanes, OCTA will commence installation on the Orange County segment. It is anticipated the OCTA lane system equipment at the gantries will be replaced in summer 2019. 6C Transition Update In addition to the lane system replacement, the back-office system will need to be modified in order to process the new transponders and changes to the customer account plans. Modification to the back-office system will commence when the lane system installations for both OCTA and RCTC have been completed. Distribution of the new 6C transponders to customers will begin after the back-office system changes have been made. OCTA and RCTC have prepared a series of customer communication to be provided to customers to facilitate the transition to the new protocol and changes to the account plans. Amendment to the Three-Party Operating Agreement As referenced above, due to the back-office system changes, an amendment to the OCTA, RCTC, Cofiroute USA (CUSA) Operating Agreement is required. Staff from both OCTA and RCTC have been in negotiations with CUSA for the amendment. It is 116 9 anticipated there will be no change to the maximum obligation of the contract. The amendment is expected to be finalized in the next few months. California Highway Patrol Agreement Staff is currently in discussion with the California Highway Patrol (CHP) for a new agreement to provide enforcement services on the OCTA 91 Express Lanes. As a requirement of the Franchise Agreement, OCTA is required to use CHP for enforcement services. Staff will be bringing forth the agreement for Board approval in May 2019. 117 10 FINANCIAL HIGHLIGHTS OCTA Capital Asset Activity During the ten months ending April 30, 2019, capital asset activities included $349,599 for the Electronic Toll and Traffic Management system replacement project and $226,014 for transponder purchases. 118 11 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the RCTC 91 Express Lanes for April 2019 was 1,345,641. This represents a daily average of 44,855. This is a 5.3% increase in total traffic volume from the same period last year when traffic levels totaled 1,277,507. Potential toll revenue for the month was $5,365,382 which represents an increase of 20% from the prior year’s total of $4,471,413. Carpool percentage for the month was 25.05% as compared to the previous year’s rate of 22.90%. Month-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the RCTC 91 Express Lanes and associated potential revenue for the month of April 2019. Current Month-to-Date (MTD) as of April 30, 2019 Trips APR-19 MTD Actual Stantec MTD Projected # Variance % Variance APR-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,008,624 708,543 300,081 42.4% 984,958 2.4% 3+ Lanes 337,017 231,771 105,246 45.4% 292,549 15.2% Total Gross Trips 1,345,641 940,314 405,327 43.1% 1,277,507 5.3% Revenue Full Toll Lanes 5,321,358 $2,113,042 $3,208,316 151.8% 4,436,585 19.9% 3+ Lanes 44,024 $0 $44,024 34,829 26.4% Total Gross Revenue $5,365,382 $2,113,042 $3,252,340 153.9% $4,471,413 20.0% Average Revenue per Trip Average Full Toll Lanes $5.28 $2.98 $2.30 77.2% $4.50 17.3% Average 3+ Lanes $0.13 $0.00 $0.13 $0.12 8.3% Average Gross Revenue $3.99 $2.25 $1.74 77.3% $3.50 14.0% 119 12 The 2019 fiscal year-to-date (YTD) traffic volume is 5.2% higher when compared with the same period last year. The 2019 fiscal year-to-date revenue is 21.2% higher than for the same period last year. The traffic and revenue increases are attributed to higher demand and increase toll rates to manage the demand. Year-to-date average revenue per-trip is $3.74. Fiscal year-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the RCTC 91 Express Lanes and associated potential revenue for the month s of July 2018 through April 2019. FY 2018-19 Year to Date as of April 30, 2019 Trips FY 2018-19 YTD Actual Stantec YTD Projected # Variance % Variance FY 2017-18 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 9,528,512 6,412,886 3,115,626 48.6%9,344,640 2.0% 3+ Lanes 3,059,212 2,236,857 822,355 36.8%2,618,727 16.8% Total Gross Trips 12,587,724 8,649,743 3,937,981 45.5%11,963,367 5.2% Revenue Full Toll Lanes 46,762,915 $19,254,271 $27,508,644 142.9%38,583,085 21.2% 3+ Lanes 373,563 $0 $373,563 318,786 17.2% Total Gross Revenue $47,136,479 $19,254,271 $27,882,208 144.8%$38,901,872 21.2% Average Revenue per Trip Average Full Toll Lanes $4.91 $3.00 $1.91 63.7%$4.13 18.9% Average 3+ Lanes $0.12 $0.00 $0.12 $0.12 0.0% Average Gross Revenue $3.74 $2.23 $1.51 67.7%$3.25 15.1% 120 13 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between Full Toll lanes and HOV3+ lanes for FY 2018-19 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2018-19 on a monthly basis. 958,212 1,043,813 942,845 1,013,705 927,903 890,682 898,175 853,001 991,552 1,008,624 325,279 323,925 294,904 298,233 298,982 307,896 288,050 265,545 319,383 337,017 0 175,000 350,000 525,000 700,000 875,000 1,050,000 1,225,000 1,400,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19Volume Month FY 2018-19 Traffic Volume Overview Full Toll Lanes 3+ Lanes $4,450,594 $4,893,862 $4,278,176 $4,878,737 $4,408,880 $4,289,378 $4,724,916 $4,459,143 $5,057,871 $5,321,358 $38,664 $39,292 $29,799 $34,897 $31,512 $38,363 $39,766 $36,267 $40,979 $44,024 $2,600,000 $3,000,000 $3,400,000 $3,800,000 $4,200,000 $4,600,000 $5,000,000 $5,400,000 $5,800,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19RevenueMonth FY 2018-19 Revenue Summary Full Toll Lanes 3+ Lanes 121 14 RCTC PEAK -HOUR VOLUMES RCTC regularly evaluates traffic volumes for peak period hours where Express Lanes performance is degraded and either increases or decreases tolls. Toll rates were adjusted once in April to improve the level of service in the peak hours where demand exceeded capacity. Hours highlighted in green were increased and hours highlighted in red were decreased. Hours that are highlighted in yellow were flagged for continued evaluation. 122 15 RCTC E ASTBOUND PEAK -HOUR V OLUMES Eastbound PM Peak - County Line to McKinley PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 239 886 1,125 D $6.70 294 994 1,288 E $6.70 280 1,048 1,328 F $8.85 283 1,080 1,363 F $19.00 354 1,058 1,412 F 1500 - 1600 $6.70 365 1,015 1,380 F $6.70 366 941 1,307 F $7.55 408 1,012 1,420 F $10.60 368 1,014 1,382 F $18.70 371 806 1,177 D 1600 - 1700 $5.15 260 880 1,140 D $6.70 211 752 963 C $5.15 241 808 1,049 D $7.90 289 891 1,180 D $10.75 295 995 1,290 E 1700 - 1800 $5.15 284 932 1,216 E $5.15 205 790 995 C $5.15 266 891 1,157 D $5.15 279 945 1,224 E $6.70 325 1,014 1,339 F 1800 - 1900 $5.15 279 688 967 C $5.15 364 899 1,263 E $5.15 341 832 1,173 D $5.15 334 867 1,201 E $6.70 290 841 1,131 D 1900 - 2000 $2.20 226 490 716 B $4.05 267 653 920 C $3.95 235 600 835 C $4.05 237 625 862 C $5.15 270 704 974 C PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 251 914 1,165 D $6.70 263 1,027 1,290 E $6.70 271 1,108 1,379 F $8.85 280 1,238 1,518 F $19.00 346 1,019 1,365 F 1500 - 1600 $6.70 367 984 1,351 F $6.70 387 915 1,302 F $7.55 377 1,045 1,422 F $10.60 405 990 1,395 F $18.70 343 698 1,041 D 1600 - 1700 $5.15 244 912 1,156 D $6.70 237 902 1,139 D $5.15 226 863 1,089 D $7.90 274 932 1,206 E $10.75 286 967 1,253 E 1700 - 1800 $5.15 245 891 1,136 D $5.15 254 913 1,167 D $5.15 266 912 1,178 D $5.15 272 934 1,206 E $6.70 284 860 1,144 D 1800 - 1900 $5.15 332 751 1,083 D $5.15 319 908 1,227 E $5.15 294 853 1,147 D $5.15 308 861 1,169 D $6.70 309 777 1,086 D 1900 - 2000 $2.20 191 499 690 B $4.05 220 560 780 B $3.95 279 740 1,019 D $4.05 309 930 1,239 E $5.15 301 817 1,118 D PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 241 837 1,078 D $6.70 247 996 1,243 E $6.70 304 1,154 1,458 F $8.85 283 1,179 1,462 F $19.00 358 1,031 1,389 F 1500 - 1600 $6.70 366 928 1,294 E $6.70 373 915 1,288 E $7.55 387 944 1,331 F $10.60 339 835 1,174 D $18.70 407 843 1,250 E 1600 - 1700 $5.15 224 906 1,130 D $6.70 211 861 1,072 D $5.15 231 858 1,089 D $7.90 283 895 1,178 D $10.75 277 926 1,203 E 1700 - 1800 $5.15 282 899 1,181 D $5.15 246 870 1,116 D $5.15 260 911 1,171 D $5.15 326 1,058 1,384 F $6.70 256 813 1,069 D 1800 - 1900 $5.15 293 778 1,071 D $5.15 353 817 1,170 D $5.15 348 902 1,250 E $5.15 348 991 1,339 F $6.70 315 677 992 C 1900 - 2000 $2.20 191 477 668 B $4.05 234 550 784 B $3.95 255 736 991 C $4.05 340 923 1,263 E $5.15 233 510 743 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 252 958 1,210 E $6.70 271 1,041 1,312 F $6.70 284 1,110 1,394 F $8.85 331 1,273 1,604 F $19.00 359 1,184 1,543 F 1500 - 1600 $6.70 386 978 1,364 F $6.70 347 889 1,236 E $7.55 381 955 1,336 F $10.60 387 1,001 1,388 F $18.70 469 1,107 1,576 F 1600 - 1700 $5.15 259 922 1,181 D $6.70 221 934 1,155 D $5.15 244 806 1,050 D $7.90 268 889 1,157 D $10.75 234 910 1,144 D 1700 - 1800 $5.15 240 836 1,076 D $5.15 256 871 1,127 D $5.15 276 896 1,172 D $5.15 290 970 1,260 E $6.70 272 927 1,199 D 1800 - 1900 $5.15 337 726 1,063 D $5.15 225 562 787 B $5.15 330 929 1,259 E $5.15 344 940 1,284 E $6.70 331 839 1,170 D 1900 - 2000 $2.20 189 496 685 B $4.05 308 796 1,104 D $3.95 277 742 1,019 D $4.05 341 865 1,206 E $5.15 267 665 932 C PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 248 860 1,108 D $6.70 241 961 1,202 E 1500 - 1600 $6.70 357 871 1,228 E $6.70 385 883 1,268 E 1600 - 1700 $5.15 235 767 1,002 D $6.70 227 869 1,096 D 1700 - 1800 $5.15 262 798 1,060 D $5.15 254 785 1,039 D 1800 - 1900 $5.15 276 619 895 C $5.15 309 776 1,085 D 1900 - 2000 $2.20 184 372 556 B $4.05 212 500 712 B Wednesday 05/01/19 Friday 04/26/19 Thursday 05/02/19 Friday 05/03/19 04/15/19 Tuesday 04/16/19 Monday 04/29/19 Tuesday 04/30/19 Thursday 04/25/19 04/01/19 Tuesday 04/02/19 Thursday Monday 04/22/19 Tuesday 04/23/19 Wednesday 04/24/19 Wednesday 04/17/19 Thursday 04/18/19 Friday 04/19/19Monday 04/11/19 Friday 04/12/19Monday04/08/19 Tuesday 04/09/19 Wednesday 04/10/19 Wednesday 04/03/19 Thursday 04/04/19 Friday 04/05/19Monday 123 16 Eastbound PM Peak - County Line to I-15 South PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 128 634 762 B $2.85 124 695 819 C $2.85 144 708 852 C $5.05 137 707 844 C $5.15 139 675 814 C 1500 - 1600 $2.85 179 623 802 C $2.80 185 624 809 C $5.15 197 637 834 C $5.05 185 657 842 C $2.80 187 506 693 B 1600 - 1700 $2.85 151 595 746 B $2.85 112 478 590 B $2.85 155 537 692 B $2.80 165 599 764 B $2.85 138 602 740 B 1700 - 1800 $2.85 139 584 723 B $2.85 125 548 673 B $2.85 144 593 737 B $2.85 139 612 751 B $2.85 165 599 764 B 1800 - 1900 $2.85 179 444 623 B $2.85 178 659 837 C $2.85 136 570 706 B $2.85 166 559 725 B $2.85 141 433 574 B 1900 - 2000 $2.85 133 343 476 B $2.85 173 438 611 B $2.85 146 420 566 B $2.85 160 398 558 B $2.85 141 365 506 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 113 694 807 C $2.85 113 669 782 B $2.85 120 761 881 C $5.05 144 811 955 C $5.15 151 776 927 C 1500 - 1600 $2.85 160 650 810 C $2.80 177 649 826 C $5.15 177 655 832 C $5.15 189 654 843 C $2.80 142 423 565 B 1600 - 1700 $2.85 139 555 694 B $2.85 108 627 735 B $2.85 111 559 670 B $2.80 131 646 777 B $2.85 152 590 742 B 1700 - 1800 $2.85 148 607 755 B $2.85 144 590 734 B $2.85 122 583 705 B $2.85 136 585 721 B $2.85 135 571 706 B 1800 - 1900 $2.85 150 544 694 B $2.85 137 531 668 B $2.85 147 540 687 B $2.85 180 602 782 B $2.85 124 389 513 B 1900 - 2000 $2.85 103 344 447 B $2.85 130 413 543 B $2.85 146 523 669 B $2.85 183 585 768 B $2.85 168 530 698 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 113 592 705 B $2.85 117 681 798 B $2.85 129 756 885 C $5.05 128 799 927 C $5.15 172 735 907 C 1500 - 1600 $2.85 163 654 817 C $2.80 179 662 841 C $5.15 167 716 883 C $5.15 159 559 718 B $2.80 214 568 782 B 1600 - 1700 $2.85 130 589 719 B $2.85 114 593 707 B $2.85 128 585 713 B $2.80 144 588 732 B $2.85 120 567 687 B 1700 - 1800 $2.85 154 610 764 B $2.85 130 579 709 B $2.85 109 583 692 B $2.85 102 508 610 B $2.85 147 499 646 B 1800 - 1900 $2.85 144 456 600 B $2.85 151 573 724 B $2.85 151 562 713 B $2.85 145 537 682 B $2.85 130 365 495 B 1900 - 2000 $2.85 121 337 458 B $2.85 155 392 547 B $2.85 152 482 634 B $2.85 186 626 812 C $2.85 132 373 505 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 143 686 829 C $2.85 128 764 892 C $2.85 134 769 903 C $5.05 143 767 910 C $5.15 153 725 878 C 1500 - 1600 $2.85 195 658 853 C $2.80 190 624 814 C $5.15 203 729 932 C $5.15 168 546 714 B $2.80 137 343 480 B 1600 - 1700 $2.85 136 611 747 B $2.85 122 600 722 B $2.85 114 590 704 B $2.80 137 524 661 B $2.85 138 595 733 B 1700 - 1800 $2.85 135 573 708 B $2.85 123 613 736 B $2.85 112 574 686 B $2.85 145 601 746 B $2.85 124 592 716 B 1800 - 1900 $2.85 152 457 609 B $2.85 108 358 466 B $2.85 151 550 701 B $2.85 147 576 723 B $2.85 141 490 631 B 1900 - 2000 $2.85 150 356 506 B $2.85 208 625 833 C $2.85 164 465 629 B $2.85 130 486 616 B $2.85 131 379 510 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 131 637 768 B $2.85 142 742 884 C 1500 - 1600 $2.85 159 592 751 B $2.80 174 612 786 B 1600 - 1700 $2.85 132 601 733 B $2.85 128 652 780 B 1700 - 1800 $2.85 152 586 738 B $2.85 123 621 744 B 1800 - 1900 $2.85 154 465 619 B $2.85 149 503 652 B 1900 - 2000 $2.85 103 271 374 A $2.85 131 359 490 B Thursday 05/02/19 Friday 05/03/19Monday04/29/19 Tuesday 04/30/19 Wednesday 05/01/19 Wednesday 04/24/19 Thursday 04/25/19 Friday 04/26/19Monday04/22/19 Tuesday 04/23/19 Thursday 04/18/19 Friday 04/19/19Monday04/15/19 Tuesday 04/16/19 Wednesday 04/17/19 Wednesday 04/10/19 Thursday 04/11/19 Friday 04/12/19Monday04/08/19 Tuesday 04/09/19 Monday 04/01/19 Tuesday 04/02/19 Wednesday 04/03/19 Thursday 04/04/19 Friday 04/05/19 124 17 RCTC W ESTBOUND PEAK -HOUR V OLUMES Westbound AM Peak - McKinley to County Line AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 445 1,070 1,515 F $7.85 410 1,050 1,460 F $7.85 448 1,000 1,448 F $7.85 444 1,073 1,517 F $5.15 393 714 1,107 D 0500 - 0600 $19.90 611 893 1,504 F $19.45 701 1,027 1,728 F $17.80 535 717 1,252 E $17.55 561 829 1,390 F $9.20 545 1,002 1,547 F 0600 - 0700 $18.55 368 999 1,367 F $18.15 364 915 1,279 E $17.45 471 1,293 1,764 F $16.15 420 1,034 1,454 F $8.45 400 1,211 1,611 F 0700 - 0800 $14.50 390 1,233 1,623 F $14.50 382 1,266 1,648 F $15.25 436 1,264 1,700 F $13.50 391 1,317 1,708 F $7.70 349 1,146 1,495 F 0800 - 0900 $9.75 274 1,307 1,581 F $9.75 310 1,244 1,554 F $9.75 331 1,412 1,743 F $10.50 279 1,331 1,610 F $6.70 288 1,102 1,390 F 0900 - 1000 $5.15 194 892 1,086 D $6.70 203 1,016 1,219 E $6.70 226 1,199 1,425 F $6.70 189 1,010 1,199 D $4.05 183 721 904 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 490 1,056 1,546 F $7.85 419 1,052 1,471 F $7.85 477 1,052 1,529 F $7.85 447 1,069 1,516 F $5.15 416 755 1,171 D 0500 - 0600 $19.90 607 863 1,470 F $19.45 668 928 1,596 F $17.80 550 817 1,367 F $17.55 548 736 1,284 E $9.20 520 982 1,502 F 0600 - 0700 $18.55 401 1,001 1,402 F $18.15 371 887 1,258 E $17.45 482 1,138 1,620 F $16.15 467 1,000 1,467 F $8.45 473 1,185 1,658 F 0700 - 0800 $14.50 372 1,313 1,685 F $14.50 431 1,224 1,655 F $15.25 410 1,318 1,728 F $13.50 447 1,350 1,797 F $7.70 431 1,287 1,718 F 0800 - 0900 $9.75 270 1,365 1,635 F $9.75 282 1,453 1,735 F $9.75 283 1,410 1,693 F $10.50 296 1,425 1,721 F $6.70 251 1,172 1,423 F 0900 - 1000 $5.15 178 1,129 1,307 E $6.70 214 1,185 1,399 F $6.70 214 1,225 1,439 F $6.70 219 1,196 1,415 F $4.05 227 1,040 1,267 E AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 461 1,053 1,514 F $7.85 425 1,082 1,507 F $7.85 476 1,111 1,587 F $7.85 487 1,134 1,621 F $5.15 357 685 1,042 D 0500 - 0600 $19.90 564 812 1,376 F $19.45 657 872 1,529 F $17.80 587 783 1,370 F $17.55 591 769 1,360 F $9.20 485 995 1,480 F 0600 - 0700 $18.55 411 883 1,294 E $18.15 353 838 1,191 D $17.45 458 1,128 1,586 F $16.15 433 971 1,404 F $8.45 407 1,097 1,504 F 0700 - 0800 $14.50 395 1,263 1,658 F $14.50 420 1,235 1,655 F $15.25 427 1,279 1,706 F $13.50 402 1,187 1,589 F $7.70 322 1,052 1,374 F 0800 - 0900 $9.75 269 1,445 1,714 F $9.75 287 1,402 1,689 F $9.75 253 1,354 1,607 F $10.50 290 1,419 1,709 F $6.70 245 926 1,171 D 0900 - 1000 $5.15 235 1,146 1,381 F $6.70 183 1,088 1,271 E $6.70 195 1,038 1,233 E $6.70 187 1,030 1,217 E $4.05 204 768 972 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 478 1,047 1,525 F $7.85 444 1,092 1,536 F $7.85 505 1,141 1,646 F $7.85 468 1,029 1,497 F $5.15 396 710 1,106 D 0500 - 0600 $19.90 589 863 1,452 F $19.45 668 895 1,563 F $17.80 548 676 1,224 E $17.55 572 770 1,342 E $9.20 537 1,058 1,595 F 0600 - 0700 $18.55 370 950 1,320 E $18.15 376 818 1,194 D $17.45 487 1,100 1,587 F $16.15 418 867 1,285 E $8.45 457 1,165 1,622 F 0700 - 0800 $14.50 402 1,301 1,703 F $14.50 426 1,387 1,813 F $15.25 410 1,240 1,650 F $13.50 483 1,332 1,815 F $7.70 388 1,090 1,478 F 0800 - 0900 $9.75 294 1,328 1,622 F $9.75 314 1,446 1,760 F $9.75 271 1,415 1,686 F $10.50 344 1,400 1,744 F $6.70 241 979 1,220 E 0900 - 1000 $5.15 239 1,191 1,430 F $6.70 221 1,153 1,374 F $6.70 251 1,159 1,410 F $6.70 219 1,121 1,340 E $4.05 199 757 956 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 486 1,117 1,603 F $7.85 458 1,053 1,511 F 0500 - 0600 $19.90 569 832 1,401 F $19.45 708 951 1,659 F 0600 - 0700 $18.55 398 978 1,376 F $18.15 380 833 1,213 E 0700 - 0800 $14.50 419 1,350 1,769 F $14.50 450 1,297 1,747 F 0800 - 0900 $9.75 346 1,464 1,810 F $9.75 295 1,770 2,065 F 0900 - 1000 $5.15 268 1,304 1,572 F $6.70 231 1,153 1,384 F Wednesday 05/01/19 Friday 04/26/19 Thursday 05/02/19 Friday 05/03/19 04/15/19 Tuesday 04/16/19 Monday 04/29/19 Tuesday 04/30/19 Thursday 04/25/19 04/01/19 Tuesday 04/02/19 Thursday Monday 04/22/19 Tuesday 04/23/19 Wednesday 04/24/19 Wednesday 04/17/19 Thursday 04/18/19 Friday 04/19/19Monday 04/11/19 Friday 04/12/19Monday04/08/19 Tuesday 04/09/19 Wednesday 04/10/19 Wednesday 04/03/19 Thursday 04/04/19 Friday 04/05/19Monday 125 18 Westbound AM Peak - I-15 North to County Line AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 234 701 935 C $5.05 277 672 949 C $5.05 248 650 898 C $5.05 263 661 924 C $2.85 201 555 756 B 0500 - 0600 $17.40 367 850 1,217 E $15.40 370 958 1,328 E $15.05 396 1,027 1,423 F $13.70 388 1,008 1,396 E $6.65 315 808 1,123 D 0600 - 0700 $17.40 335 1,071 1,406 F $15.70 350 1,020 1,370 E $17.70 336 1,015 1,351 E $14.05 341 984 1,325 E $6.65 303 947 1,250 E 0700 - 0800 $12.40 237 920 1,157 D $11.70 267 1,088 1,355 E $12.05 310 1,184 1,494 F $11.05 278 1,027 1,305 E $6.65 220 852 1,072 D 0800 - 0900 $8.55 144 904 1,048 D $8.55 165 974 1,139 D $6.65 179 1,083 1,262 E $6.65 168 978 1,146 D $5.15 139 788 927 C 0900 - 1000 $5.05 164 651 815 C $5.15 148 720 868 C $5.15 173 824 997 C $5.15 191 787 978 C $2.85 132 579 711 B AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 263 747 1,010 D $5.05 282 703 985 C $5.05 269 659 928 C $5.05 268 708 976 C $2.85 229 640 869 C 0500 - 0600 $17.40 410 960 1,370 E $15.40 393 1,082 1,475 F $15.05 360 1,043 1,403 F $13.70 411 1,072 1,483 F $6.65 367 858 1,225 E 0600 - 0700 $17.40 363 1,126 1,489 F $15.70 386 1,054 1,440 F $17.70 352 975 1,327 E $14.05 364 1,075 1,439 F $6.65 309 1,153 1,462 F 0700 - 0800 $12.40 253 1,147 1,400 E $11.70 299 1,172 1,471 F $12.05 277 1,135 1,412 F $11.05 296 1,236 1,532 F $6.65 260 1,015 1,275 E 0800 - 0900 $8.55 167 1,087 1,254 E $8.55 159 1,217 1,376 E $6.65 199 1,255 1,454 F $6.65 208 1,196 1,404 F $5.15 185 968 1,153 D 0900 - 1000 $5.05 110 787 897 C $5.15 119 859 978 C $5.15 132 902 1,034 D $5.15 133 865 998 C $2.85 114 696 810 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 279 766 1,045 D $5.05 268 752 1,020 D $5.05 266 728 994 C $5.05 269 726 995 C $2.85 188 552 740 B 0500 - 0600 $17.40 357 984 1,341 E $15.40 395 1,082 1,477 F $15.05 436 1,063 1,499 F $13.70 408 1,034 1,442 F $6.65 313 828 1,141 D 0600 - 0700 $17.40 375 1,123 1,498 F $15.70 364 1,041 1,405 F $17.70 362 1,093 1,455 F $14.05 341 1,016 1,357 E $6.65 293 894 1,187 D 0700 - 0800 $12.40 302 1,161 1,463 F $11.70 316 1,211 1,527 F $12.05 265 1,160 1,425 F $11.05 259 1,045 1,304 E $6.65 189 833 1,022 D 0800 - 0900 $8.55 200 1,169 1,369 E $8.55 194 1,276 1,470 F $6.65 153 1,056 1,209 E $6.65 165 1,131 1,296 E $5.15 121 728 849 C 0900 - 1000 $5.05 120 850 970 C $5.15 142 879 1,021 D $5.15 139 833 972 C $5.15 118 821 939 C $2.85 142 569 711 B AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 262 751 1,013 D $5.05 278 715 993 C $5.05 304 690 994 C $5.05 275 685 960 C $2.85 232 587 819 C 0500 - 0600 $17.40 395 975 1,370 E $15.40 400 1,107 1,507 F $15.05 406 1,052 1,458 F $13.70 417 992 1,409 F $6.65 382 846 1,228 E 0600 - 0700 $17.40 373 1,108 1,481 F $15.70 357 1,040 1,397 E $17.70 397 1,029 1,426 F $14.05 375 937 1,312 E $6.65 307 1,125 1,432 F 0700 - 0800 $12.40 264 1,110 1,374 E $11.70 276 1,230 1,506 F $12.05 270 1,156 1,426 F $11.05 296 1,154 1,450 F $6.65 211 934 1,145 D 0800 - 0900 $8.55 192 1,182 1,374 E $8.55 179 1,199 1,378 E $6.65 182 1,264 1,446 F $6.65 182 1,215 1,397 E $5.15 142 827 969 C 0900 - 1000 $5.05 156 803 959 C $5.15 138 868 1,006 D $5.15 133 898 1,031 D $5.15 130 879 1,009 D $2.85 105 586 691 B AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 266 695 961 C $5.05 273 732 1,005 D 0500 - 0600 $17.40 402 918 1,320 E $15.40 431 1,100 1,531 F 0600 - 0700 $17.40 405 1,110 1,515 F $15.70 360 1,033 1,393 E 0700 - 0800 $12.40 282 1,226 1,508 F $11.70 290 1,115 1,405 F 0800 - 0900 $8.55 159 1,038 1,197 D $8.55 168 1,089 1,257 E 0900 - 1000 $5.05 109 784 893 C $5.15 139 917 1,056 D Thursday 05/02/19 Friday 05/03/19Monday04/29/19 Tuesday 04/30/19 Wednesday 05/01/19 Wednesday 04/24/19 Thursday 04/25/19 Friday 04/26/19Monday04/22/19 Tuesday 04/23/19 Thursday 04/18/19 Friday 04/19/19Monday04/15/19 Tuesday 04/16/19 Wednesday 04/17/19 Wednesday 04/10/19 Thursday 04/11/19 Friday 04/12/19Monday04/08/19 Tuesday 04/09/19 Monday 04/01/19 Tuesday 04/02/19 Wednesday 04/03/19 Thursday 04/04/19 Friday 04/05/19 126 19 RCTC O P ERATIONAL HIGHLIGHTS On-road Operations RCTC Freeway Service Patrol (FSP) responded to 76 calls during the month of April. Of those calls, 55 were to assist disabled vehicles, 7 were to remove debris, 7 were for traffic breaks, and 7 were in response to accidents. 6C Transponder Technology Planning for the transition to the new transponder technology is underway. The lane system will be upgraded over a series of weekends with completion of that work expected by summer of 2019. The new sticker transponders have been received and are being prepared for distribution. Changes to the back-office system to process the new transponders and make changes to the custome r account plan are being finalized and will be released to the customer once both the RCTC and OCTA lane system upgrades are performed. A series of customer communication has been prepared to facilitate the process for providing the new transponders to customers. 127 20 FINANCIAL HIGHLIGHTS RCTC 128 21 JOINT AGENCY TRIP AN D REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING APRIL 30, 2019 Apr-19 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 759,870 487,681 64%1,887,838$ RCTC 742,104 487,681 66%3,542,483$ I-15 315,790 213,405 68%1,512,490$ McKinley 426,314 274,276 64%2,029,993$ Eastbound OCTA 769,268 425,291 55%2,599,813$ RCTC 603,537 425,291 70%1,822,900$ I-15 217,904 167,667 77%454,518$ McKinley 385,633 257,624 67%1,368,381$ 64% 55% 66% 70% - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 OCTA RCTC OCTA RCTC Westbound Eastbound Joint Agency Traffic Statistics OCTA Transactions RCTC Transactions % of OCTA Transactions Using Both Segments % of RCTC Transactions Using Both Segments 129 22 JOINT AGENCY PER FORMANCE MEASURES JOINT AGENCY TRANSPONDER DISTRIBU TION Apr-19 Performance CUSTOMER SERVICE Call Wait Time Monthly Not to exceed 2 minutes 1:06 Abandon Rate Monthly No more than 4.0% 1.5% Customer Satisfaction Monthly At least 75 outbound calls 79 VIOLATION PROCESSING Response Time Monthly Within 2 business days of receipt 1.0 CUSA Violation Collection Rate Quarterly 70% or more 66% CUSA Violation Collection Rate Annually 74% or more 66% TRAFFIC OPERATIONS Initial & Secondary Reviews Monthly Equal to or less than 15 days 1.2 *Plate Misread Errors Monthly Equal to or less than 0.4% 0.01% CAS Response Time Monthly 0:20 (minutes) per call 0:08 ACCOUNTING Monthly No more than 3 0 Monthly No more than 3 0 INFORMATION TECHNOLOGY Back-office System Uptime Monthly 99% Availability 100% Network Uptime Monthly 99% Availability 100% CUSA = Cofiroute USA; CAS = OCTA Customer Assistance Specialists REPORTING REQUIREMENT Reporting P eriod PERFORMANCE STANDARD OCTA Exceptions RCTC Exceptions * Plate Misread Error performance is current after a 60-day hold-back period; therefore, percentage reported here is for 2 months prior to the month of this report. Tags % of Total Tags % of Total Issued To New Accounts 1,636 49.0% 1,383 48.7% 1,454 46.3% Additional Tags to Existing Accounts 904 27.1%798 28.1%852 27.1% Replacement Transponders 797 23.9%661 23.3%835 26.6% Total Issued 3,337 2,842 3,140 Returned Account Closures 371 32.9%471 21.9%423 28.3% Accounts Downsizing 161 14.3%223 10.4%192 12.8% Defective Transponders 595 52.8% 1,458 67.8%879 58.8% Total Returned 1,127 2,152 1,494 FY 2018-19TRANSPONDER DISTRIBUTION April-19 March-19 Average To-Date 130 23 At the end of April 2019, the 91 Express Lanes had 146,944 active customer accounts, and 223,716 transponders classified as Assigned. Number of Accounts by Fiscal Year As of April 30, 2019 Incoming Email Activity During April, the Anaheim Processing Center received 3,512 emails. 117,888 114,556 114,138 112,584 112,473 112,929 113,672 116,813 119,782 130,048 140,694 146,944 60,000 70,000 80,000 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 Fiscal Year 131 Orange County Transportation Authority Riverside County Transportation Commission Status Report May 2019 As of May 31, 2019 ATTACHMENT 2 132 133 2 Table of Contents Operations Overview OCTA ............................................................................................ 3 Traffic and Revenue Statistics for OCTA ......................................................................... 3 OCTA Traffic and Revenue Summary ............................................................................. 5 OCTA Eastbound Peak-Hour Volumes ........................................................................... 6 OCTA Westbound Peak-Hour Volumes .......................................................................... 7 OCTA Operational Highlights .......................................................................................... 8 Financial Highlights OCTA .............................................................................................. 9 Operations Overview RCTC .......................................................................................... 10 Traffic and Revenue Statistics for RCTC ....................................................................... 10 RCTC Traffic and Revenue Summary ........................................................................... 12 RCTC Peak-Hour Volumes ........................................................................................... 13 RCTC Eastbound Peak-Hour Volumes ......................................................................... 14 RCTC Westbound Peak-Hour Volumes ........................................................................ 16 RCTC Operational Highlights ........................................................................................ 18 Financial Highlights RCTC ............................................................................................ 19 Joint Agency Trip and Revenue Statistics ..................................................................... 20 Joint Agency Traffic Statistics ....................................................................................... 20 Joint Agency Performance Measures............................................................................ 21 Joint Agency Transponder Distribution.......................................................................... 21 Number of Accounts by Fiscal Year .............................................................................. 22 Incoming Email Activity ................................................................................................. 22 134 135 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATIST ICS FOR OCTA Total traffic volume on the OCTA 91 Express Lanes for May 2019 was 1,537,043. This represents a daily average of 49,582. This is a 4.7% increase in total traffic volume from the same period last year when traffic levels totaled 1,467,385. Potential toll revenue for the month was $4,572,297 which represents an increase of 3.8% from the prior year’s total of $4,406,608. Carpool percentage for the month was 27.17% as compared to the previous year’s rate of 25.19%. Month-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the OCTA 91 Express Lanes and associated potential revenue for the month of May 2019. Current Month-to-Date (MTD) as of May 31, 2019 Trips May-19 MTD Actual Stantec MTD Projected # Variance % Variance May-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,119,465 1,164,279 (44,814) (3.8%)1,097,729 2.0% 3+ Lanes 417,578 351,046 66,532 19.0% 369,656 13.0% Total Gross Trips 1,537,043 1,515,325 21,718 1.4% 1,467,385 4.7% Revenue Full Toll Lanes $4,485,490 $4,639,899 ($154,408) (3.3%)$4,326,308 3.7% 3+ Lanes $86,806 $88,516 ($1,710) (1.9%)$80,301 8.1% Total Gross Revenue $4,572,297 $4,728,414 ($156,118) (3.3%)$4,406,608 3.8% Average Revenue per Trip Average Full Toll Lanes $4.01 $3.99 $0.02 0.5% $3.94 1.8% Average 3+ Lanes $0.21 $0.25 ($0.04) (16.0%)$0.22 (4.5%) Average Gross Revenue $2.97 $3.12 ($0.15) (4.8%)$3.00 (1.0%) 136 4 The 2019 fiscal year-to-date traffic volume increased by 5.4% and potential toll revenue increased by 5.1%, when compared with the same period last year. Year-to-date average revenue per-trip is $2.97. Fiscal year-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the OCTA 91 Express Lanes and associated potential revenue for the month s of July 2018 through May 2019. FY 2018-19 Year to Date as of May 31, 2019 Trips FY 2018-19 YTD Actual Stantec YTD Projected # Variance % Variance FY 2017-18 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 11,818,919 12,124,558 (305,639) (2.5%)11,428,364 3.4% 3+ Lanes 4,249,333 3,649,116 600,217 16.4% 3,810,893 11.5% Total Gross Trips 16,068,252 15,773,674 294,578 1.9% 15,239,257 5.4% Revenue Full Toll Lanes $46,856,098 $48,445,673 ($1,589,575) (3.3%)$44,593,589 5.1% 3+ Lanes $845,898 $924,129 ($78,231) (8.5%)$808,622 4.6% Total Gross Revenue $47,701,996 $49,369,803 ($1,667,807) (3.4%)$45,402,211 5.1% Average Revenue per Trip Average Full Toll Lanes $3.96 $4.00 ($0.04) (1.0%)$3.90 1.5% Average 3+ Lanes $0.20 $0.25 ($0.05) (20.0%)$0.21 (4.8%) Average Gross Revenue $2.97 $3.13 ($0.16) (5.1%)$2.98 (0.3%) 137 5 O CTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between Full Toll trips and HOV3+ trips for FY 2018-19 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2018-19 on a monthly basis. 1,069,688 1,161,329 1,049,290 1,135,413 1,038,190 1,019,435 1,002,301 963,815 1,137,488 1,122,505 1,119,465 413,104 406,156 368,160 369,843 377,154 400,853 357,715 330,368 401,769 406,633 417,578 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19Volume Month FY 2018-19 Traffic Volume Overview Full Toll Lanes 3+ Lanes $4,214,894 $4,624,936 $4,104,552 $4,480,483 $4,186,694 $4,006,933 $4,033,705 $3,846,951 $4,464,988 $4,406,472 $4,485,490 $78,927 $84,776 $64,603 $77,422 $68,532 $75,656 $80,401 $70,156 $77,440 $81,179 $86,806 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19Revenue Month FY 2018-19 Revenue Summary Full Toll Lanes 3+ Lanes 138 6 Peak traffic hour in the eastbound direction reached or exceeded 90% or more of defined capacity 28 times during the month of May 2019. As demonstrated on the next chart, westbound peak hour traffic volumes top out at 83% of defined capacity. OCTA EASTBOUND PEAK -HOUR VOLUMES PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 526 2,969 87%$5.95 541 3,258 96%$6.35 563 3,096 91% 1500 - 1600 $7.00 709 3,091 91%$6.00 683 3,052 90%$9.15 761 2,676 79% 1600 - 1700 $7.50 478 2,539 75%$8.80 515 2,594 76%$8.95 503 2,712 80% 1700 - 1800 $6.40 563 2,899 85%$8.70 614 2,949 87%$6.90 609 2,930 86% 1800 - 1900 $3.85 710 3,172 93%$4.75 655 2,907 86%$6.40 719 2,844 84% 1900 - 2000 $3.75 535 2,029 60%$5.50 638 2,773 82%$5.95 571 1,913 56% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 452 2,619 77%$5.05 488 2,958 87%$5.05 498 2,963 87%$5.95 517 3,204 94%$6.35 598 3,341 98% 1500 - 1600 $5.40 734 2,997 88%$5.65 716 2,821 83%$7.00 725 3,284 97%$6.00 745 3,212 94%$9.15 779 2,757 81% 1600 - 1700 $5.25 556 3,038 89%$5.50 483 2,996 88%$7.50 512 2,695 79%$8.80 519 2,611 77%$8.95 511 2,814 83% 1700 - 1800 $5.20 583 2,939 86%$5.40 598 3,022 89%$6.40 612 3,052 90%$8.70 599 3,049 90%$6.90 623 2,931 86% 1800 - 1900 $5.40 636 2,450 72%$3.85 660 2,929 86%$3.85 671 2,756 81%$4.75 691 2,933 86%$6.40 763 2,782 82% 1900 - 2000 $3.75 420 1,505 44%$3.75 442 1,744 51%$3.75 515 1,917 56%$5.50 547 2,063 61%$5.95 632 1,897 56% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 449 2,501 74%$5.05 471 2,989 88%$5.05 509 3,063 90%$5.95 480 2,931 86%$6.35 629 3,471 102% 1500 - 1600 $5.40 699 2,998 88%$5.65 703 2,742 81%$7.00 730 3,177 93%$6.00 767 3,379 99%$9.15 847 2,774 82% 1600 - 1700 $5.25 567 2,961 87%$5.50 505 2,880 85%$7.50 492 2,517 74%$8.80 450 2,509 74%$8.95 573 2,947 87% 1700 - 1800 $5.20 583 2,960 87%$5.40 547 2,860 84%$6.40 594 3,085 91%$8.70 572 2,644 78%$6.90 666 3,030 89% 1800 - 1900 $5.40 724 2,838 83%$3.85 698 2,944 87%$3.85 695 3,014 89%$4.75 569 2,347 69%$6.40 677 2,550 75% 1900 - 2000 $3.75 459 1,720 51%$3.75 654 2,573 76%$3.75 632 2,507 74%$5.50 427 1,632 48%$5.95 587 1,931 57% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 491 2,486 73%$5.05 468 2,893 85%$5.05 276 1,784 52%$5.95 587 3,314 97%$6.35 680 3,187 94% 1500 - 1600 $5.40 728 3,125 92%$5.65 729 2,839 84%$7.00 636 2,678 79%$6.00 802 3,133 92%$9.15 835 2,711 80% 1600 - 1700 $5.25 510 2,937 86%$5.50 505 2,840 84%$7.50 534 2,431 72%$8.80 522 2,590 76%$8.95 635 2,987 88% 1700 - 1800 $5.20 608 3,027 89%$5.40 603 3,071 90%$6.40 638 2,975 88%$8.70 597 2,857 84%$6.90 671 2,814 83% 1800 - 1900 $5.40 666 2,547 75%$3.85 732 2,918 86%$3.85 735 3,183 94%$4.75 793 2,999 88%$6.40 640 2,194 65% 1900 - 2000 $3.75 396 1,493 44%$3.75 469 1,785 53%$3.75 679 2,701 79%$5.50 646 2,447 72%$5.95 593 1,827 54% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $4.15 352 929 27%$5.05 431 2,357 69%$5.05 537 2,997 88%$5.95 523 3,162 93%$6.35 620 3,169 93% 1500 - 1600 $4.15 407 983 29%$5.65 711 2,834 83%$7.00 712 3,180 94%$6.00 743 3,077 91%$9.15 717 2,662 78% 1600 - 1700 $4.15 404 899 26%$5.50 488 2,983 88%$7.50 478 2,540 75%$8.80 501 2,482 73%$8.95 523 2,746 81% 1700 - 1800 $4.15 432 934 27%$5.40 599 2,972 87%$6.40 587 2,911 86%$8.70 596 2,913 86%$6.90 590 2,856 84% 1800 - 1900 $4.15 429 959 28%$3.85 691 2,949 87%$3.85 723 3,036 89%$4.75 729 3,173 93%$6.40 769 3,062 90% 1900 - 2000 $4.15 456 906 27%$3.75 495 1,807 53%$3.75 452 1,779 52%$5.50 565 2,082 61%$5.95 555 2,011 59% Thursday 05/30/19 Friday 05/31/19 Thursday 05/23/19 Friday 05/24/19 Monday 05/27/19 Tuesday 05/28/19 Wednesday 05/29/19 Thursday 05/16/19 Friday 05/17/19 Monday 05/20/19 Tuesday 05/21/19 Wednesday 05/22/19 Thursday 05/09/19 Friday 05/10/19 Monday 05/13/19 Tuesday 05/14/19 Wednesday 05/15/19 Thursday 05/02/19 Friday 05/03/19 Monday 05/06/19 Tuesday 05/07/19 Wednesday 05/08/19 Monday 04/29/19 Tuesday 04/30/19 Wednesday 05/01/19 139 7 OCTA W ESTBOUND PEAK -HOUR V OLUMES AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 882 2,565 75%$3.00 859 2,542 75%$3.00 764 2,080 61% 0500 - 0600 $4.85 949 2,585 76%$4.85 974 2,548 75%$4.60 862 2,504 74% 0600 - 0700 $5.05 745 2,315 68%$5.05 770 2,355 69%$4.85 728 2,230 66% 0700 - 0800 $5.55 530 2,166 64%$5.55 558 2,110 62%$5.40 537 1,917 56% 0800 - 0900 $5.05 337 2,174 64%$5.05 360 2,113 62%$4.85 340 1,864 55% 0900 - 1000 $4.00 329 2,158 63%$4.00 339 2,019 59%$4.00 326 1,636 48% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 823 2,461 72%$3.00 899 2,709 80%$3.00 895 2,586 76%$3.00 834 2,418 71%$3.00 761 2,030 60% 0500 - 0600 $4.85 998 2,606 77%$4.85 1020 2,819 83%$4.85 957 2,511 74%$4.85 957 2,485 73%$4.60 823 2,349 69% 0600 - 0700 $5.05 681 2,290 67%$5.05 702 2,201 65%$5.05 728 2,313 68%$5.05 725 2,111 62%$4.85 667 2,062 61% 0700 - 0800 $5.55 523 2,030 60%$5.55 577 2,153 63%$5.55 545 2,085 61%$5.55 590 2,215 65%$5.40 572 2,026 60% 0800 - 0900 $5.05 425 2,028 60%$5.05 415 2,302 68%$5.05 365 2,134 63%$5.05 386 2,177 64%$4.85 339 1,773 52% 0900 - 1000 $4.00 298 1,991 59%$4.00 342 2,302 68%$4.00 318 2,034 60%$4.00 332 1,955 58%$4.00 322 1,607 47% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 860 2,554 75%$3.00 859 2,541 75%$3.00 852 2,509 74%$3.00 783 2,068 61%$3.00 773 2,133 63% 0500 - 0600 $4.85 985 2,558 75%$4.85 968 2,684 79%$4.85 950 2,606 77%$4.85 507 1,443 42%$4.60 896 2,507 74% 0600 - 0700 $5.05 738 2,256 66%$5.05 690 2,232 66%$5.05 759 2,325 68%$5.05 690 1,913 56%$4.85 712 2,240 66% 0700 - 0800 $5.55 611 2,141 63%$5.55 590 2,289 67%$5.55 593 2,183 64%$5.55 575 1,908 56%$5.40 496 1,954 57% 0800 - 0900 $5.05 372 2,122 62%$5.05 390 2,274 67%$5.05 364 2,032 60%$5.05 391 1,911 56%$4.85 331 1,952 57% 0900 - 1000 $4.00 367 1,925 57%$4.00 358 2,246 66%$4.00 366 2,224 65%$4.00 363 2,100 62%$4.00 332 1,866 55% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 876 2,602 77%$3.00 886 2,690 79%$3.00 855 2,539 75%$3.00 858 2,470 73%$3.00 732 2,010 59% 0500 - 0600 $4.85 995 2,628 77%$4.85 995 2,704 80%$4.85 985 2,548 75%$4.85 989 2,592 76%$4.60 839 2,414 71% 0600 - 0700 $5.05 719 2,324 68%$5.05 725 2,187 64%$5.05 755 2,327 68%$5.05 741 2,195 65%$4.85 682 2,072 61% 0700 - 0800 $5.55 526 2,136 63%$5.55 587 2,371 70%$5.55 572 2,164 64%$5.55 567 2,129 63%$5.40 516 1,962 58% 0800 - 0900 $5.05 361 2,005 59%$5.05 365 2,040 60%$5.05 330 2,057 61%$5.05 419 2,113 62%$4.85 321 1,780 52% 0900 - 1000 $4.00 342 1,978 58%$4.00 327 2,232 66%$4.00 344 2,137 63%$4.00 346 2,088 61%$4.00 302 1,698 50% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $1.65 53 111 3%$3.00 828 2,599 76%$3.00 887 2,584 76%$3.00 903 2,632 77%$3.00 772 2,134 63% 0500 - 0600 $1.65 77 199 6%$4.85 973 2,679 79%$4.85 823 2,285 67%$4.85 923 2,608 77%$4.60 851 2,478 73% 0600 - 0700 $1.65 91 243 7%$5.05 651 2,034 60%$5.05 708 2,267 67%$5.05 739 2,288 67%$4.85 667 2,147 63% 0700 - 0800 $1.65 143 360 11%$5.55 558 2,101 62%$5.55 561 2,203 65%$5.55 547 2,119 62%$5.40 526 1,928 57% 0800 - 0900 $2.45 214 620 18%$5.05 341 2,139 63%$5.05 316 1,935 57%$5.05 342 2,007 59%$4.85 397 1,862 55% 0900 - 1000 $3.55 441 1,097 32%$4.00 403 2,513 74%$4.00 362 2,033 60%$4.00 376 2,079 61%$4.00 294 1,640 48% Thursday 05/30/19 Friday 05/31/19 Thursday 05/23/19 Friday 05/24/19 Monday 05/27/19 Tuesday 05/28/19 Wednesday 05/29/19 Thursday 05/16/19 Friday 05/17/19 Monday 05/20/19 Tuesday 05/21/19 Wednesday 05/22/19 Thursday 05/09/19 Friday 05/10/19 Monday 05/13/19 Tuesday 05/14/19 Wednesday 05/15/19 Thursday 05/02/19 Friday 05/03/19 Monday 05/06/19 Tuesday 05/07/19 Wednesday 05/08/19 Monday 04/29/19 Tuesday 04/30/19 Wednesday 05/01/19 140 8 OCTA OPERATIONAL HIGHLIGHTS On-road Operations OCTA Customer Assistance Specialists (CAS) responded to 120 calls during the month of May. Of those calls, 81 were to assist disabled vehicles and 23 calls to remove debris. The CAS provided assistance to 16 accidents in the Express Lanes and 5 of those accidents originated from the SR91 general-purpose lanes. Electronic Toll and Traffic Management System Project Update An agreement with Kapsch TrafficCom USA, Inc., (Kapsch) was executed in June 2018 to provide toll lane system integrator services for the design, installation, operations, and maintenance of the electronic toll and traffic management system for the 91 Express Lanes. This new lane system will be able to read the new 6C protocol as well as the current Title 21 protocol. Following RCTC’s completion of their lane system installation on the 91 Express Lanes, OCTA will commence installation on the Orange County segment. It is anticipated the OCTA lane system equipment at the gantries will be replaced in summer 2019. 6C Transition Update In addition to the lane system replacement, the back-office system will need to be modified in order to process the new transponders and changes to the customer account plans. Modification to the back-office system will commence when the lane system installations for both OCTA and RCTC have been completed. Distribution of the new 6C transponders to customers will begin after the back-office system changes have been made. OCTA and RCTC have prepared a series of customer communication to be provided to customers to facilitate the transition to the new protocol and changes to the account plans. Amendment to the Three-Party Operating Agreement As referenced above, due to the back-office system changes, an amendment to the OCTA, RCTC, Cofiroute USA (CUSA) Operating Agreement is required. Staff from both OCTA and RCTC have been in negotiations with CUSA for the amendment. It is anticipated there will be no change to the maximum obligation of the contract. The amendment is expected to be finalized in the next few months. 141 9 FINANCIAL HIGHLIGHTS OCTA Capital Asset Activity During the ten months ending May 31, 2019, capital asset activities included $349,599 for the Electronic Toll and Traffic Management system replacement project and $226,014 for transponder purchases. 91 Express Lanes Operating Statement YTD as of : 5/31/2019 Description Actual (1)Budget (1)Dollar $Percent (%) Operating revenues: Toll revenue 43,047,286$ 46,535,991$ (3,488,705)$ (7.5) Fee revenue 7,096,465 5,655,046 1,441,419 25.5 Total operating revenues 50,143,751 52,191,037 (2,047,287) (3.9) Operating expenses: Contracted services 6,009,697 6,873,990 864,293 12.6 Administrative fee 2,274,294 2,526,227 251,933 10.0 Other professional services 787,012 3,103,400 2,316,388 74.6 Credit card processing fees 1,225,013 1,147,537 (77,476) (6.8) Toll road account servicing 738,210 1,254,063 515,853 41.1 Other insurance expense 328,331 687,225 358,894 52.2 Toll road maintenance supply repairs 191,368 298,510 107,142 35.9 Patrol services 647,437 728,519 81,082 11.1 Building equipment repairs and maint 95,137 323,406 228,269 70.6 Other services 8,135 24,163 16,028 66.3 Utilities 46,433 60,478 14,045 23.2 Office expense 51,805 164,516 112,711 68.5 Bad debt expense 145,168 - (145,168) N/A Miscellaneous (2)360,199 519,646 159,447 30.7 Leases 436,813 421,498 (15,315) (3.6) Total operating expenses 13,345,051 18,133,178 4,788,127 26.4 Depreciation and amortization (3)3,149,897 - (3,149,897) N/A Operating income (loss)33,648,803 34,057,859 (409,056) (1.2) Nonoperating revenues (expenses): Reimbursement from Other Agencies 774,096 1,025,189 (251,093) (24.5) Interest income 3,366,075 2,034,802 1,331,273 65.4 Interest expense (4,497,454) (4,592,456) 95,002 2.1 Other 33,409 - 33,409 N/A Total nonoperating revenues (expenses)(323,873) (1,532,465) 1,208,592 78.9 Transfers in - - - N/A Transfers out (996,636) (14,403,531) 13,406,895 93.1 Net income (loss)32,328,293$ 18,121,863$ 14,206,430$ 78.4 ¹Actual amounts are accounted for on the accrual basis of accounting in an enterprise fund. Budget amounts are accounted for on a modified accrual basis of accounting. ²Miscellaneous expenses include: Bond Insurance Costs, Bank Service Charge, Transponder Materials. ³Depreciation and amortization are not budgeted items. YTD Variance 142 10 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the RCTC 91 Express Lanes for May 2019 was 1,356,283. This represents a daily average of 43,751. This is a 6.1% increase in total traffic volume from the same period last year when traffic levels totaled 1,278,127. Potential toll revenue for the month was $5,360,495 which represents an increase of 15.6% from the prior year’s total of $4,637,229. Carpool percentage for the month was 25.63% as compared to the previous year’s rate of 22.84%. Month-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the RCTC 91 Express Lanes and associated potential revenue for the month of May 2019. Current Month-to-Date (MTD) as of May 31, 2019 Trips MAY-19 MTD Actual Stantec MTD Projected # Variance % Variance MAY-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,008,723 733,956 274,767 37.4% 986,259 2.3% 3+ Lanes 347,560 241,572 105,988 43.9% 291,868 19.1% Total Gross Trips 1,356,283 975,528 380,755 39.0% 1,278,127 6.1% Revenue Full Toll Lanes 5,313,798 $2,195,443 $3,118,355 142.0% 4,599,418 15.5% 3+ Lanes 46,697 $0 $46,697 37,811 23.5% Total Gross Revenue $5,360,495 $2,195,443 $3,165,052 144.2% $4,637,229 15.6% Average Revenue per Trip Average Full Toll Lanes $5.27 $2.99 $2.28 76.3% $4.66 13.1% Average 3+ Lanes $0.13 $0.00 $0.13 $0.13 0.0% Average Gross Revenue $3.95 $2.25 $1.70 75.6% $3.63 8.8% 143 11 The 2019 fiscal year-to-date (YTD) traffic volume is 5.3% higher when compared with the same period last year. The 2019 fiscal year-to-date revenue is 20.6% higher than for the same period last year. The traffic and revenue increases are attributed to higher demand and increase toll rates to manage the demand. Year-to-date average revenue per-trip is $3.76. Fiscal year-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the RCTC 91 Express Lanes and associated potential revenue for the months of July 2018 through May 2019. FY 2018-19 Year to Date as of May 31, 2019 Trips FY 2018-19 YTD Actual Stantec YTD Projected # Variance % Variance FY 2017-18 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 10,537,235 7,146,842 3,390,393 47.4%10,330,899 2.0% 3+ Lanes 3,406,772 2,478,429 (3,740,070)(52.3%)2,910,595 17.0% Total Gross Trips 13,944,007 9,625,271 (349,677)(2.4%)13,241,494 5.3% Revenue Full Toll Lanes 52,076,714 $21,449,714 $30,627,000 142.8%43,182,503 20.6% 3+ Lanes 420,260 $0 $420,260 356,597 17.9% Total Gross Revenue $52,496,974 $21,449,714 $31,047,260 144.7%$43,539,101 20.6% Average Revenue per Trip Average Full Toll Lanes $4.94 $3.00 $1.94 64.7%$4.18 18.2% Average 3+ Lanes $0.12 $0.00 $0.12 $0.12 0.0% Average Gross Revenue $3.76 $1.50 $2.26 150.7%$3.29 14.3% 144 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between Full Toll lanes and HOV3+ lanes for FY 2018-19 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2018-19 on a monthly basis. 958,212 1,043,813 942,845 1,013,705 927,903 890,682 898,175 853,001 991,552 1,008,624 1,008,723 325,279 323,925 294,904 298,233 298,982 307,896 288,050 265,545 319,383 337,017 347,560 0 175,000 350,000 525,000 700,000 875,000 1,050,000 1,225,000 1,400,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19Volume Month FY 2018-19 Traffic Volume Overview Full Toll Lanes 3+ Lanes $4,450,594 $4,893,862 $4,278,176 $4,878,737 $4,408,880 $4,289,378 $4,724,916 $4,459,143 $5,057,871 $5,321,358 $5,313,798 $38,664 $39,292 $29,799 $34,897 $31,512 $38,363 $39,766 $36,267 $40,979 $44,024 $46,697 $2,600,000 $3,000,000 $3,400,000 $3,800,000 $4,200,000 $4,600,000 $5,000,000 $5,400,000 $5,800,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19RevenueMonth FY 2018-19 Revenue Summary Full Toll Lanes 3+ Lanes 145 13 RCTC PEAK -HOUR VOLUMES RCTC regularly evaluates traffic volumes for peak period hours where Express Lanes performance is degraded and either increases or decreases tolls. There were no toll rates adjusted in May to improve the level of service in the peak hours where demand exceeded capacity. Hours that are highlighted in yellow were flagged for continued evaluation. 146 14 RCTC E ASTBOUND PEAK -HOUR V OLUMES Eastbound PM Peak - County Line to McKinley PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 286 1,027 1,313 F $8.85 287 1,181 1,468 F $19.00 351 1,099 1,450 F 1500 - 1600 $7.55 365 926 1,291 E $10.60 352 952 1,304 F $18.70 394 879 1,273 E 1600 - 1700 $5.15 209 785 994 C $7.90 244 922 1,166 D $10.75 251 975 1,226 E 1700 - 1800 $5.15 231 853 1,084 D $5.15 364 1,334 1,698 F $6.70 286 988 1,274 E 1800 - 1900 $5.15 333 881 1,214 E $5.15 391 1,253 1,644 F $6.70 352 945 1,297 E 1900 - 2000 $3.95 202 646 848 C $4.05 358 1,148 1,506 F $5.15 267 721 988 C PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 262 831 1,093 D $6.70 240 999 1,239 E $6.70 279 1,043 1,322 F $8.85 289 1,105 1,394 F $19.00 363 1,013 1,376 F 1500 - 1600 $6.70 361 917 1,278 E $6.70 377 856 1,233 E $7.55 362 956 1,318 F $10.60 402 935 1,337 F $18.70 387 846 1,233 E 1600 - 1700 $5.15 213 899 1,112 D $6.70 211 909 1,120 D $5.15 244 865 1,109 D $7.90 267 854 1,121 D $10.75 249 914 1,163 D 1700 - 1800 $5.15 231 825 1,056 D $5.15 256 792 1,048 D $5.15 301 857 1,158 D $5.15 236 935 1,171 D $6.70 317 895 1,212 E 1800 - 1900 $5.15 267 659 926 C $5.15 328 781 1,109 D $5.15 310 747 1,057 D $5.15 274 876 1,150 D $6.70 367 834 1,201 E 1900 - 2000 $2.20 159 406 565 B $4.05 198 454 652 B $3.95 186 503 689 B $4.05 211 661 872 C $5.15 298 605 903 C PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 269 884 1,153 D $6.70 275 998 1,273 E $6.70 282 1,155 1,437 F $8.85 246 1,041 1,287 E $19.00 391 1,062 1,453 F 1500 - 1600 $6.70 369 929 1,298 E $6.70 327 787 1,114 D $7.55 373 962 1,335 F $10.60 366 979 1,345 F $18.70 445 876 1,321 F 1600 - 1700 $5.15 230 907 1,137 D $6.70 243 941 1,184 D $5.15 229 805 1,034 D $7.90 199 829 1,028 D $10.75 281 1,042 1,323 F 1700 - 1800 $5.15 264 774 1,038 D $5.15 262 832 1,094 D $5.15 300 1,050 1,350 F $5.15 231 772 1,003 D $6.70 323 978 1,301 F 1800 - 1900 $5.15 339 704 1,043 D $5.15 304 826 1,130 D $5.15 352 1,017 1,369 F $5.15 244 620 864 C $6.70 330 816 1,146 D 1900 - 2000 $2.20 191 478 669 B $4.05 278 752 1,030 D $3.95 280 766 1,046 D $4.05 188 425 613 B $5.15 293 593 886 C PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 276 898 1,174 D $6.70 260 988 1,248 E $6.70 157 666 823 C $8.85 316 1,124 1,440 F $19.00 609 1,383 1,992 F 1500 - 1600 $6.70 404 955 1,359 F $6.70 365 868 1,233 E $7.55 417 1,031 1,448 F $10.60 430 939 1,369 F $18.70 697 1,208 1,905 F 1600 - 1700 $5.15 227 806 1,033 D $6.70 230 904 1,134 D $5.15 291 746 1,037 D $7.90 232 805 1,037 D $10.75 499 1,267 1,766 F 1700 - 1800 $5.15 270 833 1,103 D $5.15 278 864 1,142 D $5.15 265 907 1,172 D $5.15 272 937 1,209 E $6.70 520 1,216 1,736 F 1800 - 1900 $5.15 290 706 996 C $5.15 348 799 1,147 D $5.15 308 925 1,233 E $5.15 355 854 1,209 E $6.70 405 803 1,208 E 1900 - 2000 $2.20 183 407 590 B $4.05 183 488 671 B $3.95 259 899 1,158 D $4.05 240 648 888 C $5.15 303 580 883 C PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.20 157 280 437 B $6.70 241 866 1,107 D $6.70 283 1,044 1,327 F $8.85 297 1,126 1,423 F $19.00 397 1,064 1,461 F 1500 - 1600 $2.20 174 257 431 B $6.70 396 933 1,329 F $7.55 406 963 1,369 F $10.60 386 917 1,303 F $18.70 378 873 1,251 E 1600 - 1700 $2.20 169 254 423 B $6.70 229 897 1,126 D $5.15 220 817 1,037 D $7.90 253 860 1,113 D $10.75 278 929 1,207 E 1700 - 1800 $2.20 195 245 440 B $5.15 257 841 1,098 D $5.15 284 854 1,138 D $5.15 241 938 1,179 D $6.70 293 914 1,207 E 1800 - 1900 $2.20 179 225 404 B $5.15 288 777 1,065 D $5.15 320 826 1,146 D $5.15 268 968 1,236 E $6.70 364 942 1,306 F 1900 - 2000 $2.20 206 219 425 B $4.05 206 492 698 B $3.95 207 572 779 B $4.05 230 698 928 C $5.15 283 718 1,001 D 05/09/19 Friday 05/10/19Monday05/06/19 Tuesday 05/07/19 Wednesday 05/08/19 Wednesday 05/01/19 Thursday 05/02/19 Friday 05/03/19Monday04/29/19 Tuesday 04/30/19 Thursday Monday 05/20/19 Tuesday 05/21/19 Wednesday 05/22/19 Wednesday 05/15/19 Thursday 05/16/19 Friday 05/17/19Monday05/13/19 Tuesday 05/14/19 Monday 05/27/19 Tuesday 05/28/19 Thursday 05/23/19 Friday 05/24/19 Thursday 05/30/19 Friday 05/31/19Wednesday05/29/19 147 15 Eastbound PM Peak - County Line to I-15 South PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 129 733 862 C $5.05 135 787 922 C $5.15 142 724 866 C 1500 - 1600 $5.15 174 647 821 C $5.15 178 614 792 B $2.80 208 610 818 C 1600 - 1700 $2.85 105 518 623 B $2.80 142 637 779 B $2.85 125 594 719 B 1700 - 1800 $2.85 117 604 721 B $2.85 182 827 1,009 D $2.85 131 619 750 B 1800 - 1900 $2.85 142 635 777 B $2.85 171 798 969 C $2.85 166 515 681 B 1900 - 2000 $2.85 122 451 573 B $2.85 170 704 874 C $2.85 158 441 599 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 113 673 786 B $2.85 134 727 861 C $2.85 131 729 860 C $5.05 149 836 985 C $5.15 162 736 898 C 1500 - 1600 $2.85 199 638 837 C $2.80 186 593 779 B $5.15 187 679 866 C $5.15 180 662 842 C $2.80 230 632 862 C 1600 - 1700 $2.85 150 625 775 B $2.85 111 649 760 B $2.85 136 532 668 B $2.80 125 605 730 B $2.85 136 660 796 B 1700 - 1800 $2.85 121 604 725 B $2.85 146 590 736 B $2.85 140 618 758 B $2.85 114 633 747 B $2.85 147 585 732 B 1800 - 1900 $2.85 112 468 580 B $2.85 126 548 674 B $2.85 136 524 660 B $2.85 111 540 651 B $2.85 161 524 685 B 1900 - 2000 $2.85 107 305 412 B $2.85 119 343 462 B $2.85 130 379 509 B $2.85 113 498 611 B $2.85 162 366 528 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 119 624 743 B $2.85 126 749 875 C $2.85 136 750 886 C $5.05 129 687 816 C $5.15 153 818 971 C 1500 - 1600 $2.85 177 655 832 C $2.80 168 551 719 B $5.15 194 661 855 C $5.15 200 762 962 C $2.80 224 594 818 C 1600 - 1700 $2.85 144 626 770 B $2.85 139 640 779 B $2.85 131 555 686 B $2.80 122 501 623 B $2.85 164 611 775 B 1700 - 1800 $2.85 133 513 646 B $2.85 137 601 738 B $2.85 141 681 822 C $2.85 135 529 664 B $2.85 150 543 693 B 1800 - 1900 $2.85 147 507 654 B $2.85 143 557 700 B $2.85 170 690 860 C $2.85 136 419 555 B $2.85 163 540 703 B 1900 - 2000 $2.85 124 373 497 B $2.85 154 521 675 B $2.85 164 512 676 B $2.85 101 317 418 B $2.85 114 412 526 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 134 668 802 C $2.85 135 767 902 C $2.85 86 491 577 B $5.05 142 759 901 C $5.15 60 238 298 A 1500 - 1600 $2.85 191 716 907 C $2.80 171 608 779 B $5.15 198 658 856 C $5.15 186 669 855 C $2.80 19 81 100 A 1600 - 1700 $2.85 135 619 754 B $2.85 135 599 734 B $2.85 149 476 625 B $2.80 132 557 689 B $2.85 7 26 33 A 1700 - 1800 $2.85 152 568 720 B $2.85 137 602 739 B $2.85 148 570 718 B $2.85 140 541 681 B $2.85 36 96 132 A 1800 - 1900 $2.85 150 456 606 B $2.85 158 554 712 B $2.85 137 576 713 B $2.85 149 527 676 B $2.85 116 341 457 B 1900 - 2000 $2.85 99 295 394 A $2.85 139 392 531 B $2.85 158 639 797 B $2.85 140 438 578 B $2.85 139 362 501 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $1.90 91 173 264 A $2.85 106 601 707 B $2.85 142 781 923 C $5.05 150 813 963 C $5.15 167 714 881 C 1500 - 1600 $1.90 116 174 290 A $2.80 189 604 793 B $5.15 169 643 812 C $5.15 198 662 860 C $2.80 192 592 784 B 1600 - 1700 $1.90 114 167 281 A $2.85 114 646 760 B $2.85 126 586 712 B $2.80 121 548 669 B $2.85 150 631 781 B 1700 - 1800 $1.90 113 137 250 A $2.85 160 609 769 B $2.85 133 552 685 B $2.85 105 615 720 B $2.85 128 509 637 B 1800 - 1900 $1.90 112 159 271 A $2.85 138 561 699 B $2.85 192 592 784 B $2.85 135 611 746 B $2.85 175 560 735 B 1900 - 2000 $1.90 121 144 265 A $2.85 133 403 536 B $2.85 123 456 579 B $2.85 112 471 583 B $2.85 148 460 608 B Thursday 05/02/19 Friday 05/03/19Monday04/29/19 Tuesday 04/30/19 Wednesday 05/01/19 Monday 05/13/19 Tuesday 05/14/19 Wednesday 05/15/19 Wednesday 05/08/19 Thursday 05/09/19 Friday 05/10/19Monday05/06/19 Tuesday 05/07/19 Monday 05/20/19 Tuesday 05/21/19 Thursday 05/16/19 Friday 05/17/19 Thursday 05/30/19 Friday 05/31/19Monday05/27/19 Tuesday 05/28/19 Wednesday 05/29/19 Wednesday 05/22/19 Thursday 05/23/19 Friday 05/24/19 148 16 RCTC W ESTBOUND PEAK -HOUR V OLUMES Westbound AM Peak - McKinley to County Line AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 501 1,038 1,539 F $7.85 486 1,095 1,581 F $5.15 435 722 1,157 D 0500 - 0600 $17.80 554 761 1,315 E $17.55 588 795 1,383 F $9.20 546 1,069 1,615 F 0600 - 0700 $17.45 493 1,136 1,629 F $16.15 459 1,088 1,547 F $8.45 485 1,155 1,640 F 0700 - 0800 $15.25 414 1,237 1,651 F $13.50 440 1,220 1,660 F $7.70 425 1,086 1,511 F 0800 - 0900 $9.75 281 1,442 1,723 F $10.50 302 1,396 1,698 F $6.70 210 1,029 1,239 E 0900 - 1000 $6.70 186 1,093 1,279 E $6.70 219 1,105 1,324 E $4.05 190 751 941 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 439 976 1,415 F $7.85 478 1,008 1,486 F $7.85 490 1,138 1,628 F $7.85 487 1,074 1,561 F $5.15 442 679 1,121 D 0500 - 0600 $19.90 649 879 1,528 F $19.45 691 919 1,610 F $17.80 608 758 1,366 F $17.55 611 704 1,315 E $9.20 463 903 1,366 F 0600 - 0700 $18.55 397 1,026 1,423 F $18.15 387 915 1,302 E $17.45 460 1,162 1,622 F $16.15 448 885 1,333 E $8.45 440 997 1,437 F 0700 - 0800 $14.50 380 1,248 1,628 F $14.50 420 1,192 1,612 F $15.25 359 1,306 1,665 F $13.50 442 1,203 1,645 F $7.70 409 1,096 1,505 F 0800 - 0900 $9.75 283 1,283 1,566 F $9.75 290 1,423 1,713 F $9.75 269 1,343 1,612 F $10.50 302 1,426 1,728 F $6.70 262 998 1,260 E 0900 - 1000 $5.15 203 1,054 1,257 E $6.70 224 1,261 1,485 F $6.70 186 1,016 1,202 E $6.70 199 1,069 1,268 E $4.05 201 764 965 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 461 949 1,410 F $7.85 463 1,005 1,468 F $7.85 494 1,107 1,601 F $7.85 478 880 1,358 F $5.15 427 705 1,132 D 0500 - 0600 $19.90 627 929 1,556 F $19.45 653 899 1,552 F $17.80 559 777 1,336 E $17.55 621 1,111 1,732 F $9.20 540 1,018 1,558 F 0600 - 0700 $18.55 444 982 1,426 F $18.15 403 926 1,329 E $17.45 475 1,107 1,582 F $16.15 750 1,791 2,541 F $8.45 495 1,155 1,650 F 0700 - 0800 $14.50 429 1,243 1,672 F $14.50 478 1,269 1,747 F $15.25 451 1,232 1,683 F $13.50 568 2,001 2,569 F $7.70 411 1,174 1,585 F 0800 - 0900 $9.75 291 1,398 1,689 F $9.75 326 1,404 1,730 F $9.75 290 1,343 1,633 F $10.50 276 1,732 2,008 F $6.70 255 1,066 1,321 E 0900 - 1000 $5.15 191 972 1,163 D $6.70 205 1,177 1,382 F $6.70 227 1,180 1,407 F $6.70 249 1,876 2,125 F $4.05 173 803 976 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 502 1,071 1,573 F $7.85 482 1,039 1,521 F $7.85 527 1,142 1,669 F $7.85 479 1,107 1,586 F $5.15 427 634 1,061 D 0500 - 0600 $19.90 613 862 1,475 F $19.45 643 903 1,546 F $17.80 584 710 1,294 E $17.55 612 782 1,394 F $9.20 517 992 1,509 F 0600 - 0700 $18.55 424 1,003 1,427 F $18.15 384 853 1,237 E $17.45 450 1,142 1,592 F $16.15 443 1,037 1,480 F $8.45 466 1,099 1,565 F 0700 - 0800 $14.50 407 1,294 1,701 F $14.50 454 1,343 1,797 F $15.25 529 1,862 2,391 F $13.50 414 1,281 1,695 F $7.70 405 1,084 1,489 F 0800 - 0900 $9.75 260 1,240 1,500 F $9.75 267 1,186 1,453 F $9.75 251 1,350 1,601 F $10.50 321 1,298 1,619 F $6.70 219 928 1,147 D 0900 - 1000 $5.15 201 944 1,145 D $6.70 193 1,107 1,300 E $6.70 227 1,101 1,328 E $6.70 224 946 1,170 D $4.05 178 694 872 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $1.50 24 24 48 A $7.85 467 1,060 1,527 F $7.85 506 1,133 1,639 F $7.85 506 1,076 1,582 F $5.15 450 733 1,183 D 0500 - 0600 $1.50 36 62 98 A $19.45 639 865 1,504 F $17.80 560 787 1,347 E $17.55 586 830 1,416 F $9.20 540 1,058 1,598 F 0600 - 0700 $1.50 41 80 121 A $18.15 374 869 1,243 E $17.45 468 1,107 1,575 F $16.15 471 1,047 1,518 F $8.45 467 1,182 1,649 F 0700 - 0800 $1.50 66 114 180 A $14.50 416 1,197 1,613 F $15.25 447 1,289 1,736 F $13.50 443 1,219 1,662 F $7.70 416 1,121 1,537 F 0800 - 0900 $1.50 126 257 383 A $9.75 288 1,237 1,525 F $9.75 230 1,262 1,492 F $10.50 283 1,228 1,511 F $6.70 253 1,014 1,267 E 0900 - 1000 $2.20 293 566 859 C $6.70 264 1,267 1,531 F $6.70 225 985 1,210 E $6.70 246 1,015 1,261 E $4.05 191 711 902 C 05/09/19 Friday 05/10/19Monday05/06/19 Tuesday 05/07/19 Wednesday 05/08/19 Wednesday 05/01/19 Thursday 05/02/19 Friday 05/03/19Monday04/29/19 Tuesday 04/30/19 Thursday Monday 05/20/19 Tuesday 05/21/19 Wednesday 05/22/19 Wednesday 05/15/19 Thursday 05/16/19 Friday 05/17/19Monday05/13/19 Tuesday 05/14/19 Monday 05/27/19 Tuesday 05/28/19 Thursday 05/23/19 Friday 05/24/19 Thursday 05/30/19 Friday 05/31/19Wednesday05/29/19 149 17 Westbound AM Peak - I-15 North to County Line AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 262 723 985 C $5.05 286 704 990 C $2.85 231 606 837 C 0500 - 0600 $15.05 445 1,125 1,570 F $13.70 442 1,092 1,534 F $6.65 371 923 1,294 E 0600 - 0700 $17.70 394 1,072 1,466 F $14.05 407 1,094 1,501 F $6.65 349 1,006 1,355 E 0700 - 0800 $12.05 290 1,131 1,421 F $11.05 268 1,141 1,409 F $6.65 229 853 1,082 D 0800 - 0900 $6.65 153 1,040 1,193 D $6.65 160 1,084 1,244 E $5.15 150 835 985 C 0900 - 1000 $5.15 126 869 995 C $5.15 123 837 960 C $2.85 110 599 709 B AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 268 742 1,010 D $5.05 268 732 1,000 C $5.05 270 705 975 C $5.05 269 670 939 C $2.85 233 616 849 C 0500 - 0600 $17.40 430 969 1,399 E $15.40 419 1,084 1,503 F $15.05 425 1,074 1,499 F $13.70 417 1,020 1,437 F $6.65 377 887 1,264 E 0600 - 0700 $17.40 393 1,201 1,594 F $15.70 405 1,052 1,457 F $17.70 426 1,079 1,505 F $14.05 384 949 1,333 E $6.65 311 944 1,255 E 0700 - 0800 $12.40 276 989 1,265 E $11.70 314 1,230 1,544 F $12.05 215 1,120 1,335 E $11.05 309 1,145 1,454 F $6.65 268 983 1,251 E 0800 - 0900 $8.55 164 997 1,161 D $8.55 197 1,269 1,466 F $6.65 139 1,138 1,277 E $6.65 188 1,072 1,260 E $5.15 146 777 923 C 0900 - 1000 $5.05 122 815 937 C $5.15 122 829 951 C $5.15 119 849 968 C $5.15 129 858 987 C $2.85 151 623 774 B AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 288 790 1,078 D $5.05 292 729 1,021 D $5.05 261 695 956 C $5.05 270 618 888 C $2.85 234 653 887 C 0500 - 0600 $17.40 414 910 1,324 E $15.40 395 1,069 1,464 F $15.05 439 1,094 1,533 F $13.70 17 30 47 A $6.65 400 916 1,316 E 0600 - 0700 $17.40 391 1,123 1,514 F $15.70 411 1,066 1,477 F $17.70 416 1,031 1,447 F $14.05 400 924 1,324 E $6.65 328 1,030 1,358 E 0700 - 0800 $12.40 309 1,099 1,408 F $11.70 328 1,225 1,553 F $12.05 292 1,173 1,465 F $11.05 321 1,042 1,363 E $6.65 227 853 1,080 D 0800 - 0900 $8.55 188 1,100 1,288 E $8.55 170 1,254 1,424 F $6.65 161 1,038 1,199 D $6.65 209 1,172 1,381 E $5.15 132 829 961 C 0900 - 1000 $5.05 136 769 905 C $5.15 145 914 1,059 D $5.15 131 823 954 C $5.15 179 1,178 1,357 E $2.85 131 667 798 B AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 279 765 1,044 D $5.05 282 767 1,049 D $5.05 256 730 986 C $5.05 268 687 955 C $2.85 216 626 842 C 0500 - 0600 $17.40 437 1,005 1,442 F $15.40 428 1,060 1,488 F $15.05 449 1,081 1,530 F $13.70 444 1,090 1,534 F $6.65 365 923 1,288 E 0600 - 0700 $17.40 392 1,153 1,545 F $15.70 425 1,081 1,506 F $17.70 447 1,063 1,510 F $14.05 396 1,050 1,446 F $6.65 311 876 1,187 D 0700 - 0800 $12.40 282 1,071 1,353 E $11.70 322 1,257 1,579 F $12.05 281 1,071 1,352 E $11.05 304 1,089 1,393 E $6.65 233 828 1,061 D 0800 - 0900 $8.55 185 1,078 1,263 E $8.55 193 1,160 1,353 E $6.65 145 1,030 1,175 D $6.65 185 1,062 1,247 E $5.15 150 726 876 C 0900 - 1000 $5.05 147 770 917 C $5.15 137 923 1,060 D $5.15 133 814 947 C $5.15 106 798 904 C $2.85 117 609 726 B AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $1.90 18 34 52 A $5.05 249 786 1,035 D $5.05 277 739 1,016 D $5.05 305 721 1,026 D $2.85 225 627 852 C 0500 - 0600 $1.90 33 74 107 A $15.40 440 1,124 1,564 F $15.05 324 875 1,199 D $13.70 411 1,098 1,509 F $6.65 377 928 1,305 E 0600 - 0700 $1.90 39 77 116 A $15.70 400 1,009 1,409 F $17.70 378 1,036 1,414 F $14.05 420 1,065 1,485 F $6.65 327 955 1,282 E 0700 - 0800 $1.90 35 73 108 A $11.70 294 1,168 1,462 F $12.05 292 1,090 1,382 E $11.05 284 1,125 1,409 F $6.65 243 922 1,165 D 0800 - 0900 $1.90 73 131 204 A $8.55 204 1,257 1,461 F $6.65 157 966 1,123 D $6.65 162 1,001 1,163 D $5.15 149 782 931 C 0900 - 1000 $1.90 121 259 380 A $5.15 167 1,014 1,181 D $5.15 141 831 972 C $5.15 121 754 875 C $2.85 104 618 722 B Thursday 05/02/19 Friday 05/03/19Monday04/29/19 Tuesday 04/30/19 Wednesday 05/01/19 Monday 05/13/19 Tuesday 05/14/19 Wednesday 05/15/19 Wednesday 05/08/19 Thursday 05/09/19 Friday 05/10/19Monday05/06/19 Tuesday 05/07/19 Monday 05/20/19 Tuesday 05/21/19 Thursday 05/16/19 Friday 05/17/19 Thursday 05/30/19 Friday 05/31/19Monday05/27/19 Tuesday 05/28/19 Wednesday 05/29/19 Wednesday 05/22/19 Thursday 05/23/19 Friday 05/24/19 150 18 RCTC O P ERATIONAL HIGHLIGHTS On-road Operations RCTC Freeway Service Patrol (FSP) responded to 70 calls during the month of May. Of those calls, 45 were to assist disabled vehicles, 11 were to remove debris, 6 were for traffic breaks, and 8 were in response to accidents. 6C Transponder Technology Planning for the transition to the new transponder technology is underway. The lane system will be upgraded over a series of weekends with completion of that work expected by summer of 2019. The new sticker transponders have been received and are being prepared for distribution. Changes to the back-office system to process the new transponders and make changes to the customer account plan are being finalized and will be released to the customer once both the RCTC and OCTA lane system upgrades are performed. A series of customer communication has been prepared to facilitate the process for providing the new transponders to customers. 151 19 FINANCIAL HIGHLIGHTS RCTC 152 20 JOINT AGENCY TRIP AND REVENUE STA TISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING May 31, 2019 May-19 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 758,953 493,038 65%1,886,148$ RCTC 748,868 493,038 66%3,471,012$ I-15 319,071 216,180 68%1,464,565$ McKinley 429,797 276,858 64%2,006,447$ Eastbound OCTA 778,090 436,077 56%2,686,149$ RCTC 607,415 436,077 72%1,889,483$ I-15 224,096 174,669 78%469,806$ McKinley 383,319 261,408 68%1,419,677$ 65%56%66%72% - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 OCTA RCTC OCTA RCTC Westbound Eastbound Joint Agency Traffic Statistics OCTA Transactions RCTC Transactions % of OCTA Transactions Using Both Segments % of RCTC Transactions Using Both Segments 153 21 JOINT AGENCY PER FORMANCE MEASURES JOINT AGENCY TRANSPONDER DISTRIBU TION May-19 Performance CUSTOMER SERVICE Call Wait Time Monthly Not to exceed 2 minutes 0:39 Abandon Rate Monthly No more than 4.0% 0.8% Customer Satisfaction Monthly At least 75 outbound calls 78 VIOLATION PROCESSING Response Time Monthly Within 2 business days of receipt 0.9 CUSA Violation Collection Rate Quarterly 70% or more 65% CUSA Violation Collection Rate Annually 74% or more 66% TRAFFIC OPERATIONS Initial & Secondary Reviews Monthly Equal to or less than 15 days 1.4 *Plate Misread Errors Monthly Equal to or less than 0.4% 0.01% CAS Response Time Monthly 0:20 (minutes) per call 0:08 ACCOUNTING Monthly No more than 3 1 Monthly No more than 3 1 INFORMATION TECHNOLOGY Back-office System Uptime Monthly 99% Availability 100% Network Uptime Monthly 99% Availability 100% CUSA = Cofiroute USA; CAS = OCTA Customer Assistance Specialists REPORTING REQUIREMENT Reporting P eriod PERFORMANCE STANDARD OCTA Exceptions RCTC Exceptions * Plate Misread Error performance is current after a 60-day hold-back period; therefore, percentage reported here is for 2 months prior to the month of this report. Tags % of Total Tags % of Total Issued To New Accounts 1,654 51.4% 1,636 49.0% 1,472 46.8% Additional Tags to Existing Accounts 921 28.6%904 27.1%858 27.3% Replacement Transponders 644 20.0%797 23.9%817 26.0% Total Issued 3,219 3,337 3,148 Returned Account Closures 450 35.5%371 32.9%426 28.9% Accounts Downsizing 160 12.6%161 14.3%189 12.8% Defective Transponders 658 51.9%595 52.8%859 58.3% Total Returned 1,268 1,127 1,474 FY 2018-19TRANSPONDER DISTRIBUTION May-19 April-19 Average To-Date 154 22 At the end of May 2019, the 91 Express Lanes had 147,492 active customer accounts, and 224,786 transponders classified as Assigned. Number of Accounts by Fiscal Year As of May 31, 2019 Incoming Email Activity During May, the Anaheim Processing Center received 3,370 emails. 117,888 114,556 114,138 112,584 112,473 112,929 113,672 116,813 119,782 130,048 140,694 147,492 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 Fiscal Year 155 Orange County Transportation Authority Riverside County Transportation Commission Status Report June 2019 As of June 30, 2019 ATTACHMENT 3 156 157 2 Table of Contents Operations Overview OCTA ............................................................................................ 3 Traffic and Revenue Statistics for OCTA ......................................................................... 3 OCTA Traffic and Revenue Summary ............................................................................. 5 OCTA Eastbound Peak-Hour Volumes ........................................................................... 6 OCTA Westbound Peak-Hour Volumes .......................................................................... 7 OCTA Operational Highlights .......................................................................................... 8 Financial Highlights OCTA .............................................................................................. 9 Operations Overview RCTC .......................................................................................... 10 Traffic and Revenue Statistics for RCTC ....................................................................... 10 RCTC Traffic and Revenue Summary ........................................................................... 12 RCTC Peak-Hour Volumes ........................................................................................... 13 RCTC Eastbound Peak-Hour Volumes ......................................................................... 14 RCTC Westbound Peak-Hour Volumes ........................................................................ 16 RCTC Operational Highlights ........................................................................................ 18 Financial Highlights RCTC ............................................................................................ 19 Joint Agency Trip and Revenue Statistics ..................................................................... 20 Joint Agency Traffic Statistics ....................................................................................... 20 Joint Agency Performance Measures............................................................................ 21 Joint Agency Transponder Distribution.......................................................................... 21 Number of Accounts by Fiscal Year .............................................................................. 22 Incoming Email Activity ................................................................................................. 22 158 159 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATIST ICS FOR OCTA Total traffic volume on the OCTA 91 Express Lanes for June 2019 was 1,478,052. This represents a daily average of 49,268. This is a 0.1% decrease in total traffic volume from the same period last year, which totaled 1,480,114. In June 2019, there were four Fridays as compared to five Fridays in June 2018. In addition, in June of this year, there were two Caltrans maintenance closures as compared to one in the prior year. These factors could attribute to the decrease in traffic volume. Potential toll revenue for the month was $4,152,162, which represents a decrease of 2.3% from the prior year’s total of $4,251,983. Carpool percentage for the month was 28.91% as compared to the previous year’s rate of 26.85%. Month-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the OCTA 91 Express Lanes and associated potential revenue for the month of June 2019. Current Month-to-Date (MTD) as of June 30, 2019 Trips Jun-19 MTD Actual Stantec MTD Projected # Variance % Variance Jun-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,050,770 1,131,991 (81,221) (7.2%)1,082,670 (2.9%) 3+ Lanes 427,282 372,043 55,239 14.8% 397,444 7.5% Total Gross Trips 1,478,052 1,504,034 (25,982) (1.7%)1,480,114 (0.1%) Revenue Full Toll Lanes $4,074,814 $4,484,822 ($410,008) (9.1%)$4,171,828 (2.3%) 3+ Lanes $77,348 $85,558 ($8,210) (9.6%)$80,155 (3.5%) Total Gross Revenue $4,152,162 $4,570,380 ($418,218) (9.2%)$4,251,983 (2.3%) Average Revenue per Trip Average Full Toll Lanes $3.88 $3.96 ($0.08) (2.0%)$3.85 0.8% Average 3+ Lanes $0.18 $0.23 ($0.05) (21.7%)$0.20 (10.0%) Average Gross Revenue $2.81 $3.04 ($0.23) (7.6%)$2.87 (2.1%) 160 4 The 2019 fiscal year-to-date traffic volume increased by 4.9% and potential toll revenue increased by 4.4%, when compared with the same period last year. Year-to-date average revenue per-trip is $2.96. Fiscal year-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the OCTA 91 Express Lanes and associated potential revenue for the month s of July 2018 through June 2019. FY 2018-19 Year to Date as of June 30, 2019 Trips FY 2018-19 YTD Actual Stantec YTD Projected # Variance % Variance FY 2017-18 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 12,869,689 13,256,549 (386,860) (2.9%)12,511,034 2.9% 3+ Lanes 4,676,615 4,021,158 655,457 16.3% 4,208,337 11.1% Total Gross Trips 17,546,304 17,277,708 268,596 1.6% 16,719,371 4.9% Revenue Full Toll Lanes $50,930,912 $52,930,496 ($1,999,584) (3.8%)$48,765,417 4.4% 3+ Lanes $923,246 $1,009,687 ($86,441) (8.6%)$888,777 3.9% Total Gross Revenue $51,854,158 $53,940,183 ($2,086,025) (3.9%)$49,654,194 4.4% Average Revenue per Trip Average Full Toll Lanes $3.96 $3.99 ($0.03) (0.8%)$3.90 1.5% Average 3+ Lanes $0.20 $0.25 ($0.05) (20.0%)$0.21 (4.8%) Average Gross Revenue $2.96 $3.12 ($0.16) (5.1%)$2.97 (0.3%) 161 5 O CTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between Full Toll trips and HOV3+ trips for FY 2018-19 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2018-19 on a monthly basis. 1,069,688 1,161,329 1,049,290 1,135,413 1,038,190 1,019,435 1,002,301 963,815 1,137,488 1,122,505 1,119,465 1,050,770 413,104 406,156 368,160 369,843 377,154 400,853 357,715 330,368 401,769 406,633 417,578 427,282 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19Volume Month FY 2018-19 Traffic Volume Overview Full Toll Lanes 3+ Lanes $4,214,894 $4,624,936 $4,104,552 $4,480,483 $4,186,694 $4,006,933 $4,033,705 $3,846,951 $4,464,988 $4,406,472 $4,485,490 $4,074,814 $78,927 $84,776 $64,603 $77,422 $68,532 $75,656 $80,401 $70,156 $77,440 $81,179 $86,806 $77,348 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19Revenue Month FY 2018-19 Revenue Summary Full Toll Lanes 3+ Lanes 162 6 Peak traffic hour in the eastbound direction reached or exceeded 90% or more of defined capacity 23 times during the month of June 2019. As demonstrated on the next chart, westbound peak hour traffic volumes top out at 83% of defined capacity. OCTA EASTBOUND PEAK -HOUR VOLUMES PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 496 2,665 78%$5.05 529 2,844 84%$5.05 573 2,966 87%$5.95 547 3,189 94%$6.35 618 3,229 95% 1500 - 1600 $5.40 728 2,888 85%$5.65 734 2,751 81%$7.00 709 3,071 90%$6.00 748 3,009 89%$9.15 797 2,736 80% 1600 - 1700 $5.25 533 2,918 86%$5.50 539 3,088 91%$7.50 575 2,608 77%$8.80 512 2,473 73%$8.95 560 2,733 80% 1700 - 1800 $5.20 627 3,222 95%$5.40 601 3,184 94%$6.40 640 2,940 86%$8.70 588 2,784 82%$6.90 612 2,796 82% 1800 - 1900 $5.40 651 2,566 75%$3.85 710 3,162 93%$3.85 711 2,963 87%$4.75 741 2,990 88%$6.40 750 2,855 84% 1900 - 2000 $3.75 444 1,711 50%$3.75 518 1,971 58%$3.75 543 2,087 61%$5.50 738 2,534 75%$5.95 638 2,157 63% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 541 2,618 77%$5.05 541 2,885 85%$5.05 608 2,976 88%$5.95 612 3,106 91%$6.35 662 3,154 93% 1500 - 1600 $5.40 703 2,901 85%$5.65 750 2,786 82%$7.00 745 3,105 91%$6.00 737 3,021 89%$9.15 652 2,244 66% 1600 - 1700 $5.25 593 2,927 86%$5.50 521 2,813 83%$7.50 481 2,428 71%$8.80 552 2,514 74%$8.95 568 2,799 82% 1700 - 1800 $5.20 663 3,140 92%$5.40 599 2,905 85%$6.40 604 2,910 86%$8.70 605 2,822 83%$6.90 443 2,271 67% 1800 - 1900 $5.40 629 2,366 70%$3.85 719 2,849 84%$3.85 661 2,664 78%$4.75 733 2,980 88%$6.40 779 3,105 91% 1900 - 2000 $3.75 551 1,858 55%$3.75 524 1,939 57%$3.75 735 2,712 80%$5.50 744 2,579 76%$5.95 687 2,244 66% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 627 2,694 79%$5.05 564 2,930 86%$5.05 546 2,874 85%$5.95 647 3,270 96%$6.35 652 3,216 95% 1500 - 1600 $5.40 728 3,140 92%$5.65 697 2,710 80%$7.00 803 3,257 96%$6.00 755 3,181 94%$9.15 810 2,759 81% 1600 - 1700 $5.25 554 2,856 84%$5.50 493 2,637 78%$7.50 533 2,679 79%$8.80 521 2,589 76%$8.95 540 2,879 85% 1700 - 1800 $5.20 578 2,874 85%$5.40 575 2,801 82%$6.40 603 2,817 83%$8.70 611 2,811 83%$6.90 671 3,034 89% 1800 - 1900 $5.40 667 2,486 73%$3.85 722 3,078 91%$3.85 702 3,009 89%$4.75 704 2,969 87%$6.40 659 2,417 71% 1900 - 2000 $3.75 485 1,759 52%$3.75 584 2,199 65%$3.75 620 2,264 67%$5.50 646 2,366 70%$5.95 637 1,889 56% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.05 570 2,615 77%$5.05 575 2,948 87%$5.05 576 2,919 86%$5.95 576 3,360 99%$6.35 678 3,138 92% 1500 - 1600 $5.40 676 2,932 86%$5.65 755 2,921 86%$7.00 796 3,236 95%$6.00 728 2,971 87%$9.15 741 2,663 78% 1600 - 1700 $5.25 542 2,841 84%$5.50 501 2,777 82%$7.50 531 2,618 77%$8.80 572 2,739 81%$8.95 461 2,254 66% 1700 - 1800 $5.20 586 3,021 89%$5.40 575 2,946 87%$6.40 585 2,977 88%$8.70 593 2,897 85%$6.90 578 2,813 83% 1800 - 1900 $5.40 703 2,609 77%$3.85 750 3,138 92%$3.85 683 2,886 85%$4.75 698 3,046 90%$6.40 714 2,699 79% 1900 - 2000 $3.75 536 1,980 58%$3.75 629 2,157 63%$3.75 598 2,143 63%$5.50 580 2,111 62%$5.95 710 2,211 65% Thursday 06/27/19 Friday 06/28/19 Thursday 06/20/19 Friday 06/21/19 Monday 06/24/19 Tuesday 06/25/19 Wednesday 06/26/19 Thursday 06/13/19 Friday 06/14/19 Monday 06/17/19 Tuesday 06/18/19 Wednesday 06/19/19 Thursday 06/06/19 Friday 06/07/19 Monday 06/10/19 Tuesday 06/11/19 Wednesday 06/12/19 Monday 06/03/19 Tuesday 06/04/19 Wednesday 06/05/19 163 7 OCTA W ESTBOUND PEAK -HOUR V OLUMES AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 866 2,560 75%$3.00 860 2,542 75%$3.00 868 2,541 75%$3.00 881 2,586 76%$3.00 737 1,994 59% 0500 - 0600 $4.85 899 2,335 69%$4.85 1044 2,789 82%$4.85 946 2,491 73%$4.85 867 2,310 68%$4.60 883 2,447 72% 0600 - 0700 $5.05 652 2,159 64%$5.05 661 2,093 62%$5.05 695 2,165 64%$5.05 628 1,987 58%$4.85 646 2,155 63% 0700 - 0800 $5.55 571 2,171 64%$5.55 577 2,013 59%$5.55 571 2,017 59%$5.55 651 2,428 71%$5.40 515 1,788 53% 0800 - 0900 $5.05 345 1,933 57%$5.05 349 1,939 57%$5.05 382 1,931 57%$5.05 407 2,073 61%$4.85 370 1,786 53% 0900 - 1000 $4.00 339 1,869 55%$4.00 310 1,918 56%$4.00 355 1,908 56%$4.00 449 2,044 60%$4.00 354 1,655 49% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 870 2,623 77%$3.00 879 2,486 73%$3.00 765 2,071 61%$3.00 895 2,484 73%$3.00 769 2,035 60% 0500 - 0600 $4.85 951 2,538 75%$4.85 1054 2,821 83%$4.85 701 1,987 58%$4.85 948 2,571 76%$4.60 868 2,375 70% 0600 - 0700 $5.05 669 2,149 63%$5.05 635 2,047 60%$5.05 731 2,237 66%$5.05 702 2,156 63%$4.85 583 2,016 59% 0700 - 0800 $5.55 566 2,104 62%$5.55 611 2,161 64%$5.55 642 2,328 68%$5.55 579 2,097 62%$5.40 505 1,893 56% 0800 - 0900 $5.05 425 1,989 59%$5.05 376 1,971 58%$5.05 489 2,392 70%$5.05 449 2,047 60%$4.85 443 1,811 53% 0900 - 1000 $4.00 409 2,020 59%$4.00 393 2,025 60%$4.00 524 2,515 74%$4.00 437 2,067 61%$4.00 461 1,930 57% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 879 2,547 75%$3.00 891 2,538 75%$3.00 878 2,543 75%$3.00 892 2,539 75%$3.00 693 1,904 56% 0500 - 0600 $4.85 899 2,374 70%$4.85 1021 2,810 83%$4.85 945 2,529 74%$4.85 950 2,581 76%$4.60 815 2,403 71% 0600 - 0700 $5.05 581 2,039 60%$5.05 628 2,006 59%$5.05 686 2,186 64%$5.05 674 2,169 64%$4.85 618 2,106 62% 0700 - 0800 $5.55 535 2,075 61%$5.55 543 2,062 61%$5.55 514 1,990 59%$5.55 560 2,099 62%$5.40 491 1,809 53% 0800 - 0900 $5.05 410 2,006 59%$5.05 413 1,942 57%$5.05 423 1,963 58%$5.05 420 1,942 57%$4.85 391 1,747 51% 0900 - 1000 $4.00 410 1,955 58%$4.00 406 2,022 59%$4.00 474 2,022 59%$4.00 424 2,182 64%$4.00 403 1,815 53% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.00 854 2,559 75%$3.00 870 2,545 75%$3.00 926 2,562 75%$3.00 904 2,547 75%$3.00 775 2,011 59% 0500 - 0600 $4.85 919 2,521 74%$4.85 976 2,628 77%$4.85 936 2,585 76%$4.85 947 2,585 76%$4.60 814 2,416 71% 0600 - 0700 $5.05 624 2,052 60%$5.05 614 2,083 61%$5.05 638 2,146 63%$5.05 657 2,137 63%$4.85 620 2,040 60% 0700 - 0800 $5.55 482 1,852 54%$5.55 539 2,104 62%$5.55 527 2,114 62%$5.55 527 2,008 59%$5.40 478 1,857 55% 0800 - 0900 $5.05 358 1,782 52%$5.05 379 1,947 57%$5.05 396 1,980 58%$5.05 418 1,947 57%$4.85 416 1,771 52% 0900 - 1000 $4.00 323 1,655 49%$4.00 376 1,981 58%$4.00 432 2,051 60%$4.00 423 1,989 59%$4.00 500 1,941 57% Thursday 06/27/19 Friday 06/28/19 Thursday 06/20/19 Friday 06/21/19 Monday 06/24/19 Tuesday 06/25/19 Wednesday 06/26/19 Thursday 06/13/19 Friday 06/14/19 Monday 06/17/19 Tuesday 06/18/19 Wednesday 06/19/19 Thursday 06/06/19 Friday 06/07/19 Monday 06/10/19 Tuesday 06/11/19 Wednesday 06/12/19 Monday 06/03/19 Tuesday 06/04/19 Wednesday 06/05/19 164 8 OCTA OPERATIONAL HIGHLIGHTS On-road Operations OCTA Customer Assistance Specialists (CAS) responded to 113 calls during the month of June. Of those calls, 95 were to assist disabled vehicles and 13 calls to remove debris. The CAS provided assistance to 5 accidents in the Express Lanes with none of those accidents originating from the SR91 general-purpose lanes. Electronic Toll and Traffic Management System Project Update An agreement with Kapsch TrafficCom USA, Inc., (Kapsch) was executed in June 2018 to provide toll lane system integrator services for the design, installation, operations, and maintenance of the electronic toll and traffic management system for the 91 Express Lanes. This new lane system will be able to read the new 6C protocol as well as the current Title 21 protocol. Following RCTC’s completion of their lane system installation on the 91 Express Lanes, OCTA will commence installation on the Orange County segment. It is anticipated the OCTA lane system equipment at the gantries will be replaced in summer 2019. 6C Transition Update In addition to the lane system replacement, the back-office system will need to be modified in order to process the new transponders and changes to the customer account plans. Modification to the back-office system will commence when the lane system installations for both OCTA and RCTC have been completed. Distribution of the new 6C transponders to customers will begin after the back-office system changes have been made. OCTA and RCTC have prepared a series of customer communication to be provided to customers to facilitate the transition to the new protocol and changes to the account plans. Amendment to the Three-Party Operating Agreement As referenced above, due to the back-office system changes, an amendment to the OCTA, RCTC, Cofiroute USA (CUSA) Operating Agreement is required. Staff from both OCTA and RCTC have been in negotiations with CUSA for the amendment. It is anticipated there will be no change to the maximum obligation of the contract. The amendment is expected to be finalized in the next few months. 165 9 FINANCIAL HIGHLIGHTS OCTA Capital Asset Activity During the twelve months ending June 30 2019, capital asset activities included $862,000 for the new customer service center leasehold improvements, $349,599 for the Electronic Toll and Traffic Management system replacement project, $6,680 for the closed circuit cameras and security alarm for the new customer service center, and $226,014 for transponder purchases. 91 Express Lanes Operating Statement YTD as of : 6/30/2019 Description Actual (1) (4)Budget (1)Dollar $Percent (%) Operating revenues: Toll revenue 46,649,710$ 50,886,691$ (4,236,981)$ (8.3) Fee revenue 7,923,773 6,802,367 1,121,406 16.5 Total operating revenues 54,573,483 57,689,058 (3,115,575) (5.4) Operating expenses: Contracted services 6,556,033 7,485,000 928,967 12.4 Administrative fee 2,481,048 2,755,888 274,840 10.0 Other professional services 1,143,900 3,912,882 2,768,982 70.8 Credit card processing fees 1,366,537 1,234,973 (131,564) (10.7) Toll road account servicing 780,413 1,403,856 623,443 44.4 Other insurance expense 359,423 750,000 390,577 52.1 Toll road maintenance supply repairs 199,465 1,353,000 1,153,535 85.3 Patrol services 647,437 795,066 147,629 18.6 Building equipment repairs and maint 249,229 355,000 105,771 29.8 Other services 27,925 30,000 2,075 6.9 Utilities 76,566 66,000 (10,566) (16.0) Office expense 57,028 170,500 113,472 66.6 Bad debt expense 187,684 - (187,684) N/A Miscellaneous (2)372,861 595,815 222,954 37.4 Leases 467,083 460,000 (7,083) (1.5) Total operating expenses 14,972,631 21,367,980 6,395,349 29.9 Depreciation and amortization (3)3,434,331 - (3,434,331) N/A Operating income (loss)36,166,521 36,321,078 (154,557) (0.4) Nonoperating revenues (expenses): Reimbursement from Other Agencies 1,144,400 1,118,837 25,563 2.3 Interest income 2,708,376 2,220,677 487,699 22.0 Interest expense (4,903,012) (5,011,950) 108,938 2.2 Other 50,961 - 50,961 N/A Total nonoperating revenues (expenses)(999,275) (1,672,436) 673,161 40.3 Transfers in - - - N/A Transfers out (1,055,525) (14,521,100) 13,465,575 92.7 Net income (loss)34,111,721$ 20,127,542$ 13,984,179$ 69.5 ¹Actual amounts are accounted for on the accrual basis of accounting in an enterprise fund. Budget amounts are accounted for on a modified accrual basis of accounting. ²Miscellaneous expenses include: Bond Insurance Costs, Bank Service Charge, Transponder Materials. ³Depreciation and amortization are not budgeted items. ³Actuals are preliminary pre-closing amounts as of FY 2018-19. Final numbers will be shown in the audited financial statements. YTD Variance 166 10 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the RCTC 91 Express Lanes for June 2019 was 1,199,215. This represents a daily average of 39,974. This is a 6.1% decrease in total traffic volume from the same period last year, which totaled 1,276,808. The decrease is due to the weekend closures for the toll system upgrade. Potential toll revenue for the month was $4,675,291, which represents an increase of 6.2% from the prior year’s total of $4,402,632. Carpool percentage for the month was 26.76% as compared to the previous year’s rate of 24.31%. Month-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the RCTC 91 Express Lanes and associated potential revenue for the month of June 2019. Current Month-to-Date (MTD) as of June 30, 2019 Trips JUN-19 MTD Actual Stantec MTD Projected # Variance % Variance JUN-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 878,365 712,958 165,407 23.2% 966,377 (9.1%) 3+ Lanes 320,850 235,271 85,579 36.4% 310,431 3.4% Total Gross Trips 1,199,215 948,229 250,986 26.5% 1,276,808 (6.1%) Revenue Full Toll Lanes 4,632,609 $2,131,186 $2,501,423 117.4% 4,364,339 6.1% 3+ Lanes 42,682 $0 $42,682 38,293 11.5% Total Gross Revenue $4,675,291 $2,131,186 $2,544,105 119.4% $4,402,632 6.2% Average Revenue per Trip Average Full Toll Lanes $5.27 $2.99 $2.28 76.3% $4.52 16.6% Average 3+ Lanes $0.13 $0.00 $0.13 $0.12 8.3% Average Gross Revenue $3.90 $2.25 $1.65 73.3% $3.45 13.0% 167 11 The 2019 fiscal year-to-date (YTD) traffic volume is 4.3% higher when compared with the same period last year. The 2019 fiscal year-to-date revenue is 19.3% higher than for the same period last year. The traffic and revenue increases are attributed to higher demand and increase toll rates to manage the demand. Year-to-date average revenue per-trip is $3.78. Fiscal year-to-date traffic and revenue data are summarized in the table below. The following trip and revenue statistics tables represent all trips taken on t he RCTC 91 Express Lanes and associated potential revenue for the month s of July 2018 through June 2019. FY 2018-19 Year to Date as of June 30, 2019 Trips FY 2018-19 YTD Actual Stantec YTD Projected # Variance % Variance FY 2017-18 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 11,415,600 7,859,800 3,555,800 45.2%11,297,276 1.0% 3+ Lanes 3,727,622 2,713,700 1,013,922 37.4%3,221,026 15.7% Total Gross Trips 15,143,222 10,573,500 4,569,722 43.2%14,518,302 4.3% Revenue Full Toll Lanes 56,709,323 $23,580,900 $33,128,423 140.5%47,546,842 19.3% 3+ Lanes 462,943 $0 $462,943 394,891 17.2% Total Gross Revenue $57,172,265 $23,580,900 $33,591,365 142.5%$47,941,733 19.3% Average Revenue per Trip Average Full Toll Lanes $4.97 $3.00 $1.97 65.7%$4.21 18.1% Average 3+ Lanes $0.12 $0.00 $0.12 $0.12 0.0% Average Gross Revenue $3.78 $2.23 $1.55 69.5%$3.30 14.5% 168 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between Full Toll lanes and HOV3+ lanes for FY 2018-19 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2018-19 on a monthly basis. 958,212 1,043,813 942,845 1,013,705 927,903 890,682 898,175 853,001 991,552 1,008,624 1,008,723 878,365 325,279 323,925 294,904 298,233 298,982 307,896 288,050 265,545 319,383 337,017 347,560 320,850 0 175,000 350,000 525,000 700,000 875,000 1,050,000 1,225,000 1,400,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19Volume Month FY 2018-19 Traffic Volume Overview Full Toll Lanes 3+ Lanes $4,450,594 $4,893,862 $4,278,176 $4,878,737 $4,408,880 $4,289,378 $4,724,916 $4,459,143 $5,057,871 $5,321,358 $5,313,798 $4,632,609 $38,664 $39,292 $29,799 $34,897 $31,512 $38,363 $39,766 $36,267 $40,979 $44,024 $46,697 $42,682 $2,600,000 $3,000,000 $3,400,000 $3,800,000 $4,200,000 $4,600,000 $5,000,000 $5,400,000 $5,800,000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19Revenue Month FY 2018-19 Revenue Summary Full Toll Lanes 3+ Lanes 169 13 RCTC PEAK -HOUR VOLUMES RCTC regularly evaluates traffic volumes for peak period hours where Express Lanes performance is degraded and either increases or decreases tolls. There were no toll rates adjusted in June to improve the level of service in the peak hours where demand exceeded capacity. Hours that are highlighted in yellow were flagged for continued evaluation. 170 14 RCTC E ASTBOUND PEAK -HOUR V OLUMES Eastbound PM Peak - County Line to McKinley PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 279 883 1,162 D $6.70 287 975 1,262 E $6.70 292 1,036 1,328 F $8.85 318 1,132 1,450 F $19.00 358 1,070 1,428 F 1500 - 1600 $6.70 382 880 1,262 E $6.70 376 918 1,294 E $7.55 372 948 1,320 F $10.60 376 961 1,337 F $18.70 434 941 1,375 F 1600 - 1700 $5.15 253 911 1,164 D $6.70 271 926 1,197 D $5.15 279 803 1,082 D $7.90 250 850 1,100 D $10.75 308 1,015 1,323 F 1700 - 1800 $5.15 276 862 1,138 D $5.15 261 842 1,103 D $5.15 279 839 1,118 D $5.15 309 894 1,203 E $6.70 329 921 1,250 E 1800 - 1900 $5.15 311 736 1,047 D $5.15 351 868 1,219 E $5.15 323 793 1,116 D $5.15 334 896 1,230 E $6.70 361 803 1,164 D 1900 - 2000 $2.20 186 526 712 B $4.05 260 620 880 C $3.95 245 636 881 C $4.05 325 784 1,109 D $5.15 323 824 1,147 D PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 301 931 1,232 E $6.70 282 973 1,255 E $6.70 300 1,049 1,349 F $8.85 310 1,135 1,445 F $19.00 380 989 1,369 F 1500 - 1600 $6.70 371 918 1,289 E $6.70 396 870 1,266 E $7.55 404 911 1,315 F $10.60 402 934 1,336 F $18.70 386 776 1,162 D 1600 - 1700 $5.15 268 861 1,129 D $6.70 243 879 1,122 D $5.15 240 820 1,060 D $7.90 254 829 1,083 D $10.75 274 880 1,154 D 1700 - 1800 $5.15 309 910 1,219 E $5.15 282 838 1,120 D $5.15 287 887 1,174 D $5.15 284 915 1,199 D $6.70 214 618 832 C 1800 - 1900 $5.15 304 684 988 C $5.15 329 839 1,168 D $5.15 312 798 1,110 D $5.15 380 853 1,233 E $6.70 435 1,014 1,449 F 1900 - 2000 $2.20 236 521 757 B $4.05 253 575 828 C $3.95 351 841 1,192 D $4.05 347 810 1,157 D $5.15 357 774 1,131 D PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 329 844 1,173 D $6.70 301 952 1,253 E $6.70 289 1,002 1,291 E $8.85 346 1,004 1,350 F $19.00 348 1,046 1,394 F 1500 - 1600 $6.70 382 949 1,331 F $6.70 397 849 1,246 E $7.55 424 965 1,389 F $10.60 400 897 1,297 E $18.70 434 904 1,338 F 1600 - 1700 $5.15 272 832 1,104 D $6.70 237 756 993 C $5.15 266 856 1,122 D $7.90 259 854 1,113 D $10.75 274 951 1,225 E 1700 - 1800 $5.15 268 815 1,083 D $5.15 258 881 1,139 D $5.15 322 843 1,165 D $5.15 321 836 1,157 D $6.70 348 893 1,241 E 1800 - 1900 $5.15 313 664 977 C $5.15 330 891 1,221 E $5.15 328 820 1,148 D $5.15 348 827 1,175 D $6.70 338 774 1,112 D 1900 - 2000 $2.20 216 544 760 B $4.05 266 679 945 C $3.95 260 692 952 C $4.05 286 727 1,013 D $5.15 301 601 902 C PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.70 298 833 1,131 D $6.70 312 917 1,229 E $6.70 308 1,021 1,329 F $8.85 331 1,197 1,528 F $19.00 372 963 1,335 F 1500 - 1600 $6.70 373 943 1,316 F $6.70 408 878 1,286 E $7.55 402 976 1,378 F $10.60 385 956 1,341 F $18.70 428 892 1,320 F 1600 - 1700 $5.15 257 891 1,148 D $6.70 248 811 1,059 D $5.15 248 874 1,122 D $7.90 272 856 1,128 D $10.75 249 839 1,088 D 1700 - 1800 $5.15 294 879 1,173 D $5.15 287 826 1,113 D $5.15 274 850 1,124 D $5.15 295 945 1,240 E $6.70 307 927 1,234 E 1800 - 1900 $5.15 355 719 1,074 D $5.15 353 826 1,179 D $5.15 328 821 1,149 D $5.15 351 868 1,219 E $6.70 339 851 1,190 D 1900 - 2000 $2.20 259 635 894 C $4.05 289 590 879 C $3.95 253 693 946 C $4.05 271 683 954 C $5.15 346 719 1,065 D 06/17/19 Tuesday 06/18/19 Thursday 06/27/19 Friday 06/28/19 06/03/19 Tuesday 06/04/19 Thursday Monday 06/24/19 Tuesday 06/25/19 Wednesday 06/26/19 Wednesday 06/19/19 Thursday 06/20/19 Friday 06/21/19Monday 06/13/19 Friday 06/14/19Monday06/10/19 Tuesday 06/11/19 Wednesday 06/12/19 Wednesday 06/05/19 Thursday 06/06/19 Friday 06/07/19Monday 171 15 Eastbound PM Peak - County Line to I-15 South PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 124 723 847 C $2.85 128 723 851 C $2.85 147 742 889 C $5.05 143 812 955 C $5.15 171 746 917 C 1500 - 1600 $2.85 190 628 818 C $2.80 200 620 820 C $5.15 185 698 883 C $5.15 207 638 845 C $2.85 206 570 776 B 1600 - 1700 $2.85 137 599 736 B $2.85 133 680 813 C $2.85 148 593 741 B $2.80 131 600 731 B $2.85 145 522 667 B 1700 - 1800 $2.85 159 623 782 B $2.85 145 595 740 B $2.85 157 555 712 B $2.85 142 517 659 B $2.85 168 525 693 B 1800 - 1900 $2.85 139 501 640 B $2.85 147 580 727 B $2.85 170 571 741 B $2.85 164 570 734 B $2.85 166 533 699 B 1900 - 2000 $2.85 113 353 466 B $2.85 140 431 571 B $2.85 154 478 632 B $2.85 187 575 762 B $2.85 161 499 660 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 158 615 773 B $2.85 144 766 910 C $2.85 165 728 893 C $5.05 176 742 918 C $5.15 195 720 915 C 1500 - 1600 $2.85 217 626 843 C $2.80 196 638 834 C $5.15 201 684 885 C $5.15 186 668 854 C $2.80 195 525 720 B 1600 - 1700 $2.85 153 641 794 B $2.85 142 605 747 B $2.85 123 546 669 B $2.80 141 577 718 B $2.85 155 563 718 B 1700 - 1800 $2.85 152 580 732 B $2.85 128 589 717 B $2.85 136 576 712 B $2.85 143 583 726 B $2.85 108 352 460 B 1800 - 1900 $2.85 152 436 588 B $2.85 167 564 731 B $2.85 156 455 611 B $2.85 191 543 734 B $2.85 179 614 793 B 1900 - 2000 $2.85 154 377 531 B $2.85 134 416 550 B $2.85 202 574 776 B $2.85 202 541 743 B $2.85 208 498 706 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 166 592 758 B $2.85 157 703 860 C $2.85 134 740 874 C $5.05 152 713 865 C $5.15 186 756 942 C 1500 - 1600 $2.85 194 689 883 C $2.80 172 609 781 B $5.15 216 694 910 C $5.15 192 669 861 C $2.80 182 591 773 B 1600 - 1700 $2.85 156 566 722 B $2.85 127 559 686 B $2.85 160 574 734 B $2.80 142 572 714 B $2.85 143 612 755 B 1700 - 1800 $2.85 130 555 685 B $2.85 136 582 718 B $2.85 146 551 697 B $2.85 123 559 682 B $2.85 169 547 716 B 1800 - 1900 $2.85 174 508 682 B $2.85 159 589 748 B $2.85 149 566 715 B $2.85 173 531 704 B $2.85 150 443 593 B 1900 - 2000 $2.85 130 379 509 B $2.85 162 504 666 B $2.85 173 480 653 B $2.85 152 476 628 B $2.85 157 359 516 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.85 139 636 775 B $2.85 139 697 836 C $2.85 169 706 875 C $5.05 149 816 965 C $5.15 163 687 850 C 1500 - 1600 $2.85 174 633 807 C $2.80 209 622 831 C $5.15 225 669 894 C $5.15 182 600 782 B $2.80 184 547 731 B 1600 - 1700 $2.85 137 596 733 B $2.85 119 574 693 B $2.85 131 561 692 B $2.80 138 608 746 B $2.85 133 474 607 B 1700 - 1800 $2.85 135 553 688 B $2.85 134 536 670 B $2.85 138 588 726 B $2.85 154 543 697 B $2.85 131 526 657 B 1800 - 1900 $2.85 132 460 592 B $2.85 147 555 702 B $2.85 142 509 651 B $2.85 180 562 742 B $2.85 175 484 659 B 1900 - 2000 $2.85 152 408 560 B $2.85 133 396 529 B $2.85 144 451 595 B $2.85 147 441 588 B $2.85 204 439 643 B Wednesday 06/26/19 Thursday 06/27/19 Friday 06/28/19Monday06/24/19 Tuesday 06/25/19 Thursday 06/20/19 Friday 06/21/19Monday06/17/19 Tuesday 06/18/19 Wednesday 06/19/19 Wednesday 06/12/19 Thursday 06/13/19 Friday 06/14/19Monday06/10/19 Tuesday 06/11/19 Monday 06/03/19 Tuesday 06/04/19 Wednesday 06/05/19 Thursday 06/06/19 Friday 06/07/19 172 16 RCTC W ESTBOUND PEAK -HOUR V OLUMES Westbound AM Peak - McKinley to County Line AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 470 1,057 1,527 F $7.85 466 1,098 1,564 F $7.85 495 1,126 1,621 F $7.85 517 1,089 1,606 F $5.15 401 668 1,069 D 0500 - 0600 $19.90 564 710 1,274 E $19.45 700 944 1,644 F $17.80 572 718 1,290 E $17.55 699 908 1,607 F $9.20 531 1,064 1,595 F 0600 - 0700 $18.55 407 1,005 1,412 F $18.15 353 893 1,246 E $17.45 455 1,077 1,532 F $16.15 783 1,556 2,339 F $8.45 467 1,137 1,604 F 0700 - 0800 $14.50 423 1,299 1,722 F $14.50 442 1,246 1,688 F $15.25 487 1,199 1,686 F $13.50 437 1,352 1,789 F $7.70 384 1,162 1,546 F 0800 - 0900 $9.75 315 1,260 1,575 F $9.75 299 1,267 1,566 F $9.75 289 1,208 1,497 F $10.50 264 1,349 1,613 F $6.70 231 1,003 1,234 E 0900 - 1000 $5.15 194 879 1,073 D $6.70 205 974 1,179 D $6.70 202 928 1,130 D $6.70 254 901 1,155 D $4.05 197 745 942 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 448 1,023 1,471 F $7.85 469 1,046 1,515 F $7.85 403 998 1,401 F $7.85 502 1,087 1,589 F $5.15 431 702 1,133 D 0500 - 0600 $19.90 583 779 1,362 F $19.45 709 984 1,693 F $17.80 822 1,499 2,321 F $17.55 605 772 1,377 F $9.20 559 1,018 1,577 F 0600 - 0700 $18.55 408 860 1,268 E $18.15 376 899 1,275 E $17.45 520 976 1,496 F $16.15 455 971 1,426 F $8.45 446 1,153 1,599 F 0700 - 0800 $14.50 395 1,200 1,595 F $14.50 425 1,230 1,655 F $15.25 483 1,181 1,664 F $13.50 427 1,226 1,653 F $7.70 397 1,155 1,552 F 0800 - 0900 $9.75 303 1,313 1,616 F $9.75 298 1,303 1,601 F $9.75 326 1,421 1,747 F $10.50 275 1,297 1,572 F $6.70 278 1,039 1,317 E 0900 - 1000 $5.15 232 968 1,200 D $6.70 235 1,014 1,249 E $6.70 290 1,205 1,495 F $6.70 289 993 1,282 E $4.05 244 740 984 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 475 1,024 1,499 F $7.85 499 1,062 1,561 F $7.85 494 1,134 1,628 F $7.85 476 1,107 1,583 F $5.15 431 779 1,210 E 0500 - 0600 $19.90 560 708 1,268 E $19.45 683 950 1,633 F $17.80 584 687 1,271 E $17.55 609 802 1,411 F $9.20 501 1,010 1,511 F 0600 - 0700 $18.55 351 858 1,209 E $18.15 358 930 1,288 E $17.45 442 1,100 1,542 F $16.15 443 1,062 1,505 F $8.45 439 1,155 1,594 F 0700 - 0800 $14.50 375 1,233 1,608 F $14.50 418 1,271 1,689 F $15.25 455 1,217 1,672 F $13.50 428 1,254 1,682 F $7.70 370 1,143 1,513 F 0800 - 0900 $9.75 292 1,260 1,552 F $9.75 301 1,284 1,585 F $9.75 312 1,238 1,550 F $10.50 295 1,332 1,627 F $6.70 249 957 1,206 E 0900 - 1000 $5.15 246 954 1,200 D $6.70 242 919 1,161 D $6.70 283 873 1,156 D $6.70 250 1,029 1,279 E $4.05 212 709 921 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $7.85 472 1,063 1,535 F $7.85 457 1,048 1,505 F $7.85 515 1,051 1,566 F $7.85 481 1,093 1,574 F $5.15 430 747 1,177 D 0500 - 0600 $19.90 577 868 1,445 F $19.45 666 942 1,608 F $17.80 551 765 1,316 E $17.55 591 820 1,411 F $9.20 541 1,024 1,565 F 0600 - 0700 $18.55 392 1,000 1,392 F $18.15 392 987 1,379 F $17.45 432 1,076 1,508 F $16.15 465 1,101 1,566 F $8.45 446 1,176 1,622 F 0700 - 0800 $14.50 383 1,203 1,586 F $14.50 411 1,278 1,689 F $15.25 433 1,330 1,763 F $13.50 398 1,251 1,649 F $7.70 396 1,174 1,570 F 0800 - 0900 $9.75 284 1,130 1,414 F $9.75 283 1,233 1,516 F $9.75 282 1,277 1,559 F $10.50 302 1,213 1,515 F $6.70 243 948 1,191 D 0900 - 1000 $5.15 209 790 999 C $6.70 240 978 1,218 E $6.70 249 1,007 1,256 E $6.70 239 900 1,139 D $4.05 204 759 963 C 06/17/19 Tuesday 06/18/19 Thursday 06/27/19 Friday 06/28/19 06/03/19 Tuesday 06/04/19 Thursday Monday 06/24/19 Tuesday 06/25/19 Wednesday 06/26/19 Wednesday 06/19/19 Thursday 06/20/19 Friday 06/21/19Monday 06/13/19 Friday 06/14/19Monday06/10/19 Tuesday 06/11/19 Wednesday 06/12/19 Wednesday 06/05/19 Thursday 06/06/19 Friday 06/07/19Monday 173 17 Westbound AM Peak - I-15 North to County Line AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 307 752 1,059 D $5.05 296 718 1,014 D $5.05 282 733 1,015 D $5.05 275 707 982 C $2.85 249 614 863 C 0500 - 0600 $17.40 397 832 1,229 E $15.40 424 1,086 1,510 F $15.05 434 1,069 1,503 F $13.70 441 810 1,251 E $6.65 374 867 1,241 E 0600 - 0700 $17.40 385 1,068 1,453 F $15.70 384 1,035 1,419 F $17.70 369 1,027 1,396 E $14.05 157 514 671 B $6.65 331 1,030 1,361 E 0700 - 0800 $12.40 271 1,220 1,491 F $11.70 278 1,058 1,336 E $12.05 258 1,040 1,298 E $11.05 284 1,285 1,569 F $6.65 224 871 1,095 D 0800 - 0900 $8.55 163 1,049 1,212 E $8.55 134 988 1,122 D $6.65 167 950 1,117 D $6.65 174 1,085 1,259 E $5.15 163 774 937 C 0900 - 1000 $5.05 125 748 873 C $5.15 110 757 867 C $5.15 153 785 938 C $5.15 154 796 950 C $2.85 130 560 690 B AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 312 770 1,082 D $5.05 301 684 985 C $5.05 300 697 997 C $5.05 302 679 981 C $2.85 235 593 828 C 0500 - 0600 $17.40 441 961 1,402 F $15.40 422 1,087 1,509 F $15.05 150 330 480 B $13.70 437 1,098 1,535 F $6.65 351 851 1,202 E 0600 - 0700 $17.40 378 1,060 1,438 F $15.70 359 1,035 1,394 E $17.70 341 934 1,275 E $14.05 388 1,068 1,456 F $6.65 278 918 1,196 D 0700 - 0800 $12.40 295 1,145 1,440 F $11.70 310 1,153 1,463 F $12.05 333 1,163 1,496 F $11.05 289 1,122 1,411 F $6.65 224 894 1,118 D 0800 - 0900 $8.55 192 935 1,127 D $8.55 160 955 1,115 D $6.65 231 1,252 1,483 F $6.65 193 926 1,119 D $5.15 196 746 942 C 0900 - 1000 $5.05 150 717 867 C $5.15 146 741 887 C $5.15 204 930 1,134 D $5.15 145 727 872 C $2.85 166 627 793 B AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 296 745 1,041 D $5.05 298 712 1,010 D $5.05 280 723 1,003 D $5.05 309 673 982 C $2.85 234 614 848 C 0500 - 0600 $17.40 406 876 1,282 E $15.40 424 1,102 1,526 F $15.05 422 1,056 1,478 F $13.70 413 1,062 1,475 F $6.65 324 825 1,149 D 0600 - 0700 $17.40 337 1,031 1,368 E $15.70 358 1,028 1,386 E $17.70 356 1,045 1,401 F $14.05 356 1,048 1,404 F $6.65 282 976 1,258 E 0700 - 0800 $12.40 287 1,078 1,365 E $11.70 255 1,069 1,324 E $12.05 219 1,012 1,231 E $11.05 258 1,072 1,330 E $6.65 203 841 1,044 D 0800 - 0900 $8.55 209 958 1,167 D $8.55 168 974 1,142 D $6.65 170 993 1,163 D $6.65 189 931 1,120 D $5.15 137 760 897 C 0900 - 1000 $5.05 144 748 892 C $5.15 144 726 870 C $5.15 157 693 850 C $5.15 138 786 924 C $2.85 147 591 738 B AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $5.05 283 751 1,034 D $5.05 292 703 995 C $5.05 325 672 997 C $5.05 282 671 953 C $2.85 244 595 839 C 0500 - 0600 $17.40 396 951 1,347 E $15.40 405 1,028 1,433 F $15.05 443 1,046 1,489 F $13.70 416 1,036 1,452 F $6.65 330 792 1,122 D 0600 - 0700 $17.40 363 1,095 1,458 F $15.70 363 1,055 1,418 F $17.70 362 1,058 1,420 F $14.05 363 1,072 1,435 F $6.65 292 895 1,187 D 0700 - 0800 $12.40 215 926 1,141 D $11.70 260 1,093 1,353 E $12.05 222 1,078 1,300 E $11.05 249 1,002 1,251 E $6.65 201 886 1,087 D 0800 - 0900 $8.55 135 818 953 C $8.55 167 981 1,148 D $6.65 178 895 1,073 D $6.65 164 903 1,067 D $5.15 172 711 883 C 0900 - 1000 $5.05 112 672 784 B $5.15 126 713 839 C $5.15 160 708 868 C $5.15 170 706 876 C $2.85 169 565 734 B Wednesday 06/26/19 Thursday 06/27/19 Friday 06/28/19Monday06/24/19 Tuesday 06/25/19 Thursday 06/20/19 Friday 06/21/19Monday06/17/19 Tuesday 06/18/19 Wednesday 06/19/19 Wednesday 06/12/19 Thursday 06/13/19 Friday 06/14/19Monday06/10/19 Tuesday 06/11/19 Monday 06/03/19 Tuesday 06/04/19 Wednesday 06/05/19 Thursday 06/06/19 Friday 06/07/19 174 18 RCTC O P ERATIONAL HIGHLIGHTS On-road Operations RCTC Freeway Service Patrol (FSP) responded to 78 calls during the month of June. Of those calls, 54 were to assist disabled vehicles, 10 were to remove debris, 7 were for traffic breaks, and 7 were in response to accidents. 6C Transponder Technology Planning for the transition to the new transponder technology is underway. The lane systems have been upgraded. The new sticker transponders have been received and will be distributed after OCTA completes the upgrade of their lane system. Changes to the back-office system to process the new transponders and make changes to the customer account plan are being finalized and will be released to the customer once both the RCTC and OCTA lane system upgrades are performed. A series of customer communication has been prepared to facilitate the process for providing the new transponders to customers. 175 19 FINANCIAL HIGHLIGHTS RCTC 176 20 JOINT AGENCY TRIP AN D REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING June 30, 2019 May-19 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 727,821 422,610 58%1,721,777$ RCTC 648,565 422,610 65%3,041,688$ I-15 269,734 182,103 68%1,272,514$ McKinley 378,831 240,507 63%1,769,174$ Eastbound OCTA 750,231 392,943 52%2,430,385$ RCTC 550,650 392,943 71%1,633,604$ I-15 204,657 157,796 77%418,512$ McKinley 345,993 235,147 68%1,215,092$ 58%52%65%71% - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 OCTA RCTC OCTA RCTC Westbound Eastbound Joint Agency Traffic Statistics OCTA Transactions RCTC Transactions % of OCTA Transactions Using Both Segments % of RCTC Transactions Using Both Segments 177 21 JOINT AGENCY PER FORMANCE MEASURES JOINT AGENCY TRANSPONDER DISTRIBU TION Jun-19 Performance CUSTOMER SERVICE Call Wait Time Monthly Not to exceed 2 minutes 1:22 Abandon Rate Monthly No more than 4.0% 1.9% Customer Satisfaction Monthly At least 75 outbound calls 75 VIOLATION PROCESSING Response Time Monthly Within 2 business days of receipt 1.4 CUSA Violation Collection Rate Quarterly 70% or more 67% CUSA Violation Collection Rate Annually 74% or more 66% TRAFFIC OPERATIONS Initial & Secondary Reviews Monthly Equal to or less than 15 days 1.3 *Plate Misread Errors Monthly Equal to or less than 0.4% 0.01% CAS Response Time Monthly 0:20 (minutes) per call 0:08 ACCOUNTING Monthly No more than 3 0 Monthly No more than 3 0 INFORMATION TECHNOLOGY Back-office System Uptime Monthly 99% Availability 100% Network Uptime Monthly 99% Availability 100% CUSA = Cofiroute USA; CAS = OCTA Customer Assistance Specialists REPORTING REQUIREMENT Reporting P eriod PERFORMANCE STANDARD OCTA Exceptions RCTC Exceptions * Plate Misread Error performance is current after a 60-day hold-back period; therefore, percentage reported here is for 2 months prior to the month of this report. Tags % of Total Tags % of Total Issued To New Accounts 1,279 46.4% 1,654 51.4% 1,456 46.7% Additional Tags to Existing Accounts 836 30.3%921 28.6%856 27.5% Replacement Transponders 641 23.3%644 20.0%803 25.8% Total Issued 2,756 3,219 3,115 Returned Account Closures 432 26.3%450 35.5%426 28.7% Accounts Downsizing 190 11.6%160 12.6%189 12.7% Defective Transponders 1,020 62.1%658 51.9%872 58.6% Total Returned 1,642 1,268 1,488 FY 2018-19TRANSPONDER DISTRIBUTION June-19 May-19 Average To-Date 178 22 At the end of June 2019, the 91 Express Lanes had 148,054 active customer accounts, and 225,621 transponders classified as Assigned. Number of Accounts by Fiscal Year As of June 30, 2019 Incoming Email Activity During June, the Anaheim Processing Center received 3,342 emails. 117,888 114,556 114,138 112,584 112,473 112,929 113,672 116,813 119,782 130,048 140,694 148,054 60,000 70,000 80,000 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 Fiscal Year 179 AGENDA ITEM 7H Agenda Item 7H RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Toll Policy and Operations Committee Jennifer Crosson, Toll Operations Manager THROUGH: Michael Blomquist, Toll Program Director SUBJECT: Amendment to the 91 Express Lanes Operator Agreement TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 13-31-105-04, Amendment No. 4 to the 91 Express Lanes Operator Agreement No. 13-31-105-00 (commonly referred to as the ORCOA), among the Orange County Transportation Authority (OCTA), the Commission, and Cofiroute USA, LLC (Cofiroute), to extend the agreement for an additional six months in the amount of $3,180,851 for a total amount not to exceed $36,007,044; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the amendment on behalf of the Commission. BACKGROUND INFORMATION: In May 2013, the Commission approved the ORCOA to facilitate the joint operation of the 91 Express Lanes between the Commission and OCTA through the use of the existing contractor, Cofiroute. The agreement is set to expire on June 30, 2021. The agreement has no available extension options. Under this agreement, Cofiroute provides all the systems, staffing and services required to operate the 91 Express Lanes with the exception of the in-lane systems. The work provided under this agreement is necessary to manage the customer accounts, provide transponders, process toll transactions, process toll evasion violations, manage the traffic operations center and answer customer calls and inquiries. Given the June 30, 2021 agreement expiration, the Commission and OCTA are re-procuring the services performed under this agreement through a competitive procurement process. It is anticipated that the successful proposer will be under this new contract by the end of this year. If the successful proposer is not Cofiroute, it is estimated that it will take at least 18 months for the successful proposer to develop the required systems, hire and train the necessary staff, and migrate the data from the existing contractor. Depending on the timing of the new contract award and work progress made on the new contract, the new contractor may not be ready to 180 Agenda Item 7H perform the work before the expiration of the current agreement on June 30, 2021. Therefore, Commission and OCTA staff sought to establish a contingency plan to extend Cofiroute’s contract should it be needed. Staff met with Cofiroute to negotiate an extension of the agreement for up to six months or through December 31, 2021. Prior to the expiration of the existing agreement and at the Commission’s option, the Commission will notify Cofiroute if the agreement will be extended. After the first month of extension, the Commission will inform Cofiroute each month if the agreement shall continue or be terminated. Cofiroute has agreed to continue performing the work described in the agreement for the same monthly rate in the base contract with an escalation increase tied to the Consumer Price Index (CPI). The maximum amount to be paid by the Commission is $3,180,851 should the full, six-month extension be authorized. Table 1 below provides the calculation for the maximum amount. Staff believes the amount is fair and reasonable. Table 1 – Maximum Amount Month Monthly Payment June 2021 (Current contract monthly payment) $505,244 Amendment CPI maximum escalation (5%) $24,898 July 2021 $530,142 August 2021 $530,142 September 2021 $530,142 October 2021 $530,142 November 2021 $530,142 December 2021 $530,141 Amendment Maximum Amount $3,180,851 (1) A summary of the ORCOA and related amendments is as follows: Table 2 – ORCOA Amendments Initial Agreement Amount $ 34,097,946 Amendment No. 1 – Approved Nov. 2016 (2,900,947) Amendment No. 2 – Approved Jan. 2017 - Amendment No. 3 - Approved Mar. 2017 1,629,194 Subtotal Revised Agreement Amount 32,826,193 Amendment No. 4 - (proposed) 3,180,851 (1) Total Proposed Agreement Amount $ 36,007,044 To ensure there is no gap in services for the 91 Express Lanes, staff requests approval of Amendment No. 4 to extend the agreement for up to six additional months to allow for a successful transition to the successful proposer. The extended agreement cost will be included in the Fiscal Year 2021/22 budget process; therefore, a budget adjustment is not required. 181 Agenda Item 7H Financial Information In Fiscal Year Budget: N/A Year: FY 2021/22 Amount: $3,180,851 Source of Funds: Toll Revenues Budget Adjustment: N/A GL/Project Accounting No.: 009199 81041 00000 0000 591 31 81002 Fiscal Procedures Approved: Date: 08/05/2019 Attachments: ORCOA Agreement No. 13-31-105-04 182 17336.02109\32023438. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT NO. 4 OCTA AGREEMENT NO. C-3-1529 RCTC AGREEMENT NO. 13-31-105-04 AMONG ORANGE COUNTY TRANSPORTATION AUTHORITY, RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND COFIROUTE USA, LLC THIS AMENDMENT NO. 4 TO AGREEMENT is entered into this _____ day of _____________, 2019, by and among the Orange County Transportation Authority, a public corporation of the State of California (the “AUTHORITY”); the Riverside County Transportation Commission, a public agency (the “COMMISSION”); and Cofiroute USA, LLC, a Delaware limited liability company (“CONTRACTOR”). The AUTHORITY, the COMMISSION and CONTRACTOR are sometimes individually referred to herein as a “Party” and collectively as the “Parties.” The AUTHORITY and the COMMISSION are sometimes individually referred to herein as an “Agency” and collectively as the “Agencies.” RECITALS A. The Parties have entered into that certain three party operating agreement, OCTA Agreement No. C-3-1529, RCTC Agreement No. 13-31-105-00, dated as of May 24, 2013 (the “Original Agreement”), pursuant to which AUTHORITY and COMMISSION engaged CONTRACTOR to provide management and operational services for the 91 Express Lanes, with the mutual intent of the Agencies of operating said lanes as a single, seamless toll facility from the customer’s perspective, which Original Agreement was amended on three (3) prior occasions. The Original Agreement, as previously amended, is referred to herein as the “Operating Agreement”. B. The term of the Operating Agreement expires on June 30, 2021 183 17336.02109\32023438. 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (“Expiration Date”). C. The Parties now desire to amend the Operating Agreement and provide Agencies with the option to extend the Expiration Date for a period of up to six (6) months, based on the terms and conditions set forth herein. NOW THEREFORE, it is mutually understood and agreed by the AUTHORITY, COMMISSION and CONTRACTOR as follows: 1) The Agencies shall have the option to extend the expiration date of the Operating Agreement for six (6) one (1) month periods (each such monthly extension is referred to individually as the “Extension Period” and the six (6) one (1) month options are collectively referred to as the “Extension Periods”). 2) The Agencies may exercise the first Extension Period by giving CONTRACTOR sixty (60) days’ written notice prior to the Expiration Date. In the event the first Extension Period is exercised, the Agencies may exercise the remaining five (5) Extension Periods by providing CONTRACTOR ten (10) days written notice prior to the end of each such Extension Period. 3) The monthly fee payable to CONTRACTOR during the Extension Periods (“Monthly Fee”) shall be determined at the commencement of the first day of the first Extension Period, and shall be applied to any subsequent Extension Periods. The Monthly Fee shall be an amount equal to the monthly fee paid for the period June 1, 2021 to June 30, 2021 (the “Last Term Year”) plus an increase in an amount of no less than three (3%) and no more than five (5%) of the annual fee prorated in effect during the Last Term Year, with the exact amount determined based on the year-over year change in the most recent Consumer Price Index (“CPI”) prior to June 30, 2021. Any CPI increase shall be based on the information found in the current version of the table found at the following reference Location: https://www.bls.gov/regions/west/data/consumerpriceindex_losangeles_table.pdf, but in no case shall such increase exceed five (5%) as set forth above. 184 17336.02109\32023438. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4) CPI shall mean and refer to that table in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for the Los Angeles, Long Beach, Anaheim Area (“Index”). If the Index is discontinued, then any successor Consumer Price Index of the United States Bureau of Labor Statistics, or successor agency thereto, shall be used. 5) The Parties agree that if the Index has not been determined when the first Extension Period Monthly Fee is due, the Agencies will pay the CONTRACTOR the Monthly Fee in effect at the Expiration Date until the Index has been determined for the first Extension Period, and then Agencies shall pay over any difference to CONTRACTOR upon demand and thereafter pay the newly determined Monthly Fee for the balance of the Extension Period(s). 6) The Parties agree that after the completion of all Extension Periods the services of critical staff may be requested by the Agencies to complete the transition to the Successor Operator (as defined below). CONTRACTOR agrees to provide requested critical staff to the extent, available as determined by the CONTRACTOR. The Agencies will reimburse CONTRACTOR actual costs plus overhead and profit as provided for in the Operating Agreement. The Monthly Fee during the Extension Period(s) includes, without limitation, full and complete payment for (i) performance of all services and obligations set forth in the Operating Agreement and all exhibits attached thereto; (ii) all extended software, license, maintenance and escrow agreements and performance of all services thereunder including, without limitation, all software updates and upgrades and the replacement of hardware based on the historical replacement schedule for such hardware; and (iii) the work detailed in the Operating Agreement Transition Plan, to be developed in accordance with Section I-6 of Exhibit A to the Operating Agreement. 7) CONTRACTOR shall be solely responsible for, and shall pay in full when due, all subcontractors, vendors, suppliers and all other costs incurred by or at 185 17336.02109\32023438. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the direction of CONTRACTOR in the performance of CONTRACTOR’s obligations under this Amendment No. 4, unless expressly stated otherwise in the Operating Agreement. 8) During the Extension Periods, for CONTRACTOR’s full and complete performance of its obligations under this Amendment No. 4, CONTRACTOR shall invoice Agencies and Agencies shall make payment for approved invoices in accordance with the following provisions. On July 1, 2021, and on July 15, 2021, and on the first and 15th day of each succeeding Extension Period, CONTRACTOR shall submit separate invoices to the AUTHORITY and the COMMISSION for the services performed pursuant to this Amendment No. 4. Each invoice shall include the amount due to CONTRACTOR pursuant to paragraph 3 hereof and shall be in the form set forth in the Operating Agreement. AUTHORITY and COMMISSION shall pay the amount set forth in their respective invoices pursuant to the terms of the Operating Agreement. 9) Article 7, Payment, subsection J(6) shall be added to the Operating Agreement to read as follows: J(6)(a) AUTHORITY’s maximum cumulative payment obligation, hereunder, for the Extension Periods, for the period commencing on July 1, 2021 through December 31, 2021, shall not exceed the amount of Three Million, Four Hundred Thirty-Seven Thousand, Four Hundred Ninety-Eight dollars ($3,437,498), which shall include all amounts payable to CONTRACTOR for the services contained in Section 7 of this amendment for the Extension Periods. J(6)(b) COMMISION’s maximum cumulative payment obligation, hereunder, for the Extension Periods, for the period commencing on July 1, 2021 through December 31, 2021, shall not exceed the amount of Three Million, One Hundred Eight Thousand, Eight Hundred Fifty-One dollars ($3,180,851), which shall include all amounts payable to 186 17336.02109\32023438. 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONTRACTOR for the services contained in Section 7 of this amendment for the Extension Periods. 10) All notices hereunder and communications regarding the interpretation of the terms of this Amendment, or changes thereto, shall be affected by delivery of said notices in person or by delivering said notices by recognized overnight mail or courier service, with delivery receipt requested or by depositing said notices in the U.S. mail, registered or certified mail, returned receipt requested, postage prepaid and addressed as follows: To CONTRACTOR: To AUTHORITY: Cofiroute USA, LLC Orange County Transportation Authority 200 Spectrum Center Dr., Suite 1650 550 South Main St. Irvine, CA 92618 P.O. Box 14184 Orange, CA 92863-1584 ATTN: Gary L. Hausdorfer, President and Chief Executive Officer ATTN: Manager, Contracts and Procurement To COMMISSION: Riverside County Transportation Commission 4080 Lemon St., 3rd Floor P.O. Box 12008 Riverside, CA 92502-2208 ATTN: Anne Mayer, Executive Director Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U.S. Postal Service, private carrier or other person making 187 17336.02109\32023438. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the delivery. 11) Pursuant to Section I-6 of Exhibit A to the Operating Agreement: a. The CONTRACTOR acknowledges that the service provided under the terms of the Operating Agreement and the Statement of Work is vital to the Agencies and must be continued without interruption. Upon expiration of any Extension Period, a successor (the Agencies or a new Operating Contractor (“Successor Operator”)) may be responsible for providing these services. The CONTRACTOR agrees to exercise its best efforts and cooperation to affect an orderly and efficient transition to a Successor Operator. b. Unless performed prior to the Expiration Date pursuant to the terms of the Operating Agreement, upon the Agencies’ written notice, the CONTRACTOR shall furnish transition services, during the Extension Period(s), and the CONTRACTOR shall develop with the Successor Operator or the Agencies staff, an Operating Agreement Transition Plan describing the nature and extent of transition services required for each facility. The Agreement Transition Plan and dates for transferring responsibilities for each division of work shall be submitted within fifteen (15) days of such notice. Upon completion of Agencies’ review, all parties will meet and resolve any additional requirements/differences. The CONTRACTOR shall provide 91 Express Lanes experienced personnel in each division of work during the entire transition period to ensure that the services are maintained at the level of proficiency required by the Operating Agreement. c. The CONTRACTOR shall provide sufficient staff to help the Successor Operator maintain the continuity and consistency of the services required by the Statement of Work. The CONTRACTOR shall allow the Successor Operator to conduct on-site interviews with 188 17336.02109\32023438. 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the employees. 12) This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13) Except as modified and amended herein, the Operating Agreement shall remain unchanged and in full force and effect. [Signatures on following page] 189 17336.02109\32023438. 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SIGNATURE PAGE TO AMENDMENT NO. 4 TO OCTA AGREEMENT NO. C-3-1529 RCTC AGREEMENT NO. 13-31-105-04 AMONG ORANGE COUNTY TRANSPORTATION AUTHORITY, RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND COFIROUTE USA, LLC. RIVERSIDE COUNTY TRANSPORTATION COMMISSION ORANGE COUNTY TRANSPORTATION AUTHORITY By: ____________________________ By: ____________________________ Its: ____________________________ Its: ____________________________ APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By: ____________________________ APPROVED AS TO FORM: By: ____________________________ Counsel to the Riverside County Transportation Commission General Counsel to Orange County Transportation Authority COFIROUTE USA, LLC By: ____________________________ Gary L. Hausdorfer President and Chief Executive Officer 190 AGENDA ITEM 7I Agenda Item 7I RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee David Thomas, Toll Project Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Change Order to Amend the Interstate 15 Express Lanes Project Design-Build Contract with Skanska-Ames, a Joint Venture, for the Interstate 15/State Route 91 Express Lanes Connector Project WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Change Order No. 50 to Agreement No. 16-31-057-00 for the Interstate 15 Express Lanes Project (I-15 ELP) with Skanska-Ames, a Joint Venture (Skanska-Ames), to perform limited construction for the Interstate 15/State Route 91 Express Lanes Connector (15/91 ELC) associated improvements in the amount of $1.7 million, plus a contingency amount of $170,000, for a total amount not to exceed $1,870,000; 2) Authorize the Executive Director to negotiate and execute the change order amendment, pursuant to legal counsel review, for an amount not to exceed $1,870,000; and 3) Authorize the Executive Director or designee to approve contingency work up to the total amount not to exceed as required for the project. BACKGROUND INFORMATION: In April 2017 Governor Brown signed Senate Bill 132 (SB 132) which appropriated $427 million to the Riverside County Transportation Efficiency Corridor (RCTEC) for five projects. SB 132 allocated $180 million to the 15/91 ELC project. The 15/91 ELC project will provide a tolled express lanes connector between the existing 91 Express Lanes and the future 15 Express Lanes to the north of SR-91 (Figure 1 Vicinity Map). A detailed vicinity map of the 15/91 ELC project is also provided as Attachment 1. 191 Agenda Item 7I Figure 1: 15/91 Express Lanes Connector Project Vicinity Map SB 132 also statutorily created a task force to develop recommendations to accelerate project delivery of the RCTEC projects. On June 27, 2017, Governor Brown signed budget trailer bill Assembly Bill 115 (AB 115) through which the Commission received additional project delivery authority to ensure cost-effective and timely delivery of the 15/91 ELC. At its October 2017 meeting, the Commission approved an overall procurement strategy for the 15/91 ELC to secure all the services and construction needed to deliver the project. The approved strategy consists of a series of contract amendments, as permitted by AB 115, to existing 91 Project and I-15 ELP contracts with engineering companies, contractors, toll vendors, legal, and financial advisors. DISCUSSION: At the April 12, 2017 Commission meeting, following a competitively negotiated procurement, the Commission awarded a best-value design-build contract to Skanska-Ames to design and construct the I-15 ELP in the amount of $243,900,000 plus a contingency amount of $19,512,000 for a total amount not to exceed $263,412,000. Based on the overall procurement strategy approved for the 15/91 ELC, staff supports a change order to amend the I-15 ELP design-build contract with Skanska-Ames to perform the following work associated with the implementation of the 15/91 ELC project: 192 Agenda Item 7I • Construction of a Variable Toll Message Sign (VTMS) and the associated Toll Collection System (TCS) components along eastbound SR-91 west of the Riverside/Orange County Line. This effort is to perform construction to accommodate the 15/91 ELC related improvements in advance of the planned overall design-build services contract for the 15/91 ELC project. The 15/91 ELC project has resulted in changes in toll pricing strategy which requires the installation of a VTMS along eastbound SR-91 to provide additional toll price information for a third destination. The early completion of the VTMS and related work will facilitate providing advanced express lanes pricing information to the travelling public and will reduce future disruption to the 91 Express Lanes operations after the completion of the I-15 ELP. Staff is negotiating Change Order No. 50 (see Attachments 2 and 3) currently estimated in the amount of $1.7 million for this effort. The table below summarizes the status of 15/91 ELC related change orders and amendments to the Skanska-Ames contract. Table 1: Skanska-Ames 15/91 ELC Related Amendments/Change Orders Amendment/Change Order No. Status Amount Contingency Total Change Order No. 5 – Early geotechnical work and staff support Commission approved on April 11, 2018 $1,790,000 $ 179,000 $1,969,000 Amendment No. 2 – Preliminary Engineering Commission approved on May 9, 2018 4,718,800 471,200 5,190,000 Change Order No. 6 – Design for improvements near Hidden Valley Parkway Commission approved on June 13, 2018 2,891,000 289,100 3,180,100 Change Order No. 10 – Final Design and Construction for improvements near Hidden Valley Parkway Commission approved on October 10, 2018 15,234,804 750,000 15,984,804 Change Order No. 50 – Construction of VTMS (subject of this report) For Commission approval on September 11, 2019 1,700,000 170,000 1,870,000 Totals $26,334,604 $1,859,300 $28,193,904 193 Agenda Item 7I RECOMMENDATION: Staff recommends approval of Change Order No. 50 to amend the design-build contract between the Commission and Skanska-Ames in the amount of $1.7 million, plus a contingency amount of $170,000, for a total amount of $1,870,000. Further, authorization is requested for the Executive Director to negotiate and execute the change order amendment, pursuant to legal counsel review, for an amount not to exceed $1,870,000, and for the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project. Financial Information In Fiscal Year Budget: Yes Year: FY 2019/20 Amount: $1,870,000 Source of Funds: SB 132 State Funds Budget Adjustment: No GL/Project Accounting No.: 003039 81603 00000 0000 605 31 81601 Fiscal Procedures Approved: Date: 08/15/2019 Attachments: 1) Detailed Vicinity Map for the 15/91 Express Lanes Connector 2) Draft I-15 ELP Change Order No. 50 3) Draft Cost Summary 194 MOUNTAIN AveMOUNTAIN AveRI V E R R d RI V E R R d BELLE AveRAMONA AveVICTORIA AveSHERIDAN AveBELLE AveRAMONA AveVICTORIA AveSHERIDAN AveBNSF RA ILROAD BN SF RA ILROAD 6TH St QUARRY StQUARRY St 6TH St EL CAMINO AEL CAMINO ACORONA Ave CORONA Ave SECOND St FIRST StFIRST St SECOND St JOY StMAIN StCOTA StCOTA StMAIN StJOY StHAM MER AveHAM MER AveevA EGDIRKRAPevA EGDIRKRAP y w kP YE LLAV NEDDIH y w kP YE LLAV NEDDIH TEMESCAL WASH T E MESCAL WASH evA EDANEMORP evA EDANEMORPP A R K RI D G E A ve P A R K RI D G E A ve dvlB DdvlB DINTERSTATE CALIFORNIA 15 SR-91 PM 8.1 END CONSTRUCTION I-15 PM 43.4 END CONSTRUCTION SCHOOL HIGH NORCO SCHOOL HIGH NORCO 91 NORTH 91 I-15 PM 41.5 BEGIN CONSTRUCTION ORA N G E CO U N TY COUNTYRIVERSIDECOAL CANYON RdCOAL CANYON RdSR-91 PM 6.6 BEGIN CONSTRUCTION CCO 6 / CCO 10 CONNECTOR PROJECT EXPRESS LANES APPROXIMATELY 9 MILES WEST OF THE 15/91 JUNCTION SR-91 PM R17.3 INSTALL NEW VTMS SR-91 CIP APE LEGEND PROPOSED RE-STRIPING COUNTY LINE VTMS VARIABLE TOLL MESSAGE SIGN EXPRESS LANES CONNECTOR PROJECT CCO 6 / CCO 10 I-15/SR-91 EXPRESS LANES CONNECTOR 91 NORTH ORA N G E CO U N TY COUNTYRIVERSIDECOAL CANYON RdCOAL CANYON RdAPPROXIMATELY 9 MILES WEST OF THE 15/91 JUNCTION SR-91 PM R17.3 INSTALL NEW VTMS ATTACHMENT 1 195 Riverside County Transportation Commission Contract Number: 16-31-057-00 I-15 ELP Design-Build Contract Page 1 of 4 Change Order Number 50 I-15 ELP PROJECT CHANGE ORDER CHANGE ORDER NUMBER: 50 CONTRACT NO. 16-31-057-00 DATE: 8/7/2019 SECTION I: Title: County Line VTMS Company Name: Skanska-Ames a Joint Venture (DB Contractor) Description: Construct a Variable Toll Message Sign (VTMS) at the Riverside-Orange County Line Additions/Deletions/Modifications to Contract Document requirements: Add to Contract Section 24.1.2 Turnover Areas: (c) If DB Contractor meets the Turnover Package No. 4 date of May 26, 2019, DB Contractor shall receive an early completion bonus of $50,000.00. Scope: DB Contractor shall provide any and all supervision, labor, equipment, materials, and other services necessary to perform the following work: •DB Contractor shall procure and install a VTMS at the Riverside-Orange County Line per the attached Released for Construction plans. DB Contractor shall install the sign panel, cantilever mast arm and anchor bolt package procured under Directive Letter No. 18 – County Line VTMS Sign Procurement. The work includes, but not limited to, sign installation, temporary traffic handling and coordination with adjacent projects, communications and electrical work. •DB Contractor shall be responsible for general housekeeping within the VTMS construction zone and all other required maintenance matters directed caused or required by this work. All other required maintenance shall be considered Extra Maintenance Work under Technical Provisions (“TP”) Section 21.4 area. •DB Contractor will coordinate maintenance of traffic (MOT) closures as is required in TP Section 18; however, any issues related to this Change Order No. 50 will not count against the 90% compliance threshold required under TP Section 18.3.3.1.1. ATTACHMENT 2 196 Riverside County Transportation Commission Contract Number: 16-31-057-00 I-15 ELP Design-Build Contract Page 2 of 4 Change Order Number 50 • This work shall be included in Turnover Package No. 4 and all requirements of Turnover Package No. 4 will apply including the required approvals by Kapsch. There will be no Liquated Damages associated with the work required by CCO 50. • If DB Contractor completes the work and meets the Turnover Package No. 4 date of May 26, 2020, DB Contractor shall receive an early completion bonus of $50,000.00. The payment of the incentive payment is not included in the change order value. • Progress Reports and invoices for the work associated with this work shall be kept separate from other work performed under the Contract. This change order compensates DB Contractor for all costs and time related impacts due to this change. SECTION II: Change Order Cost increase☒ decrease☐ none☐ This Change Order is for a lump sum amount of: $1,700,000.00 SECTION III: Time Impact The status of all Completion Milestones is: 0 Days (No Adjustment) SECTION IV: CHANGE REQUESTED BY: RCTC ☒ DB CONTRACTOR ☐ SECTION V: Certification and Other Acknowledgments I, _________________, the Authorized Representative of DB Contractor, hereby certify under penalty of perjury that the above four sections represent a true, accurate and complete summary of all aspects of this Change Order, and that (a) the amount of time and/or compensation requested will be justified as to entitlement and amount, (b) the amount of time and/or compensation requested will include all known and anticipated impacts or amounts, direct, indirect and consequential, which may be incurred as a result of the event, occurrence or matter giving rise to the proposed change (and includes all Subcontractor and Supplier amounts), and (c) the cost and pricing data forming the basis for this Change Order is complete, accurate and current, with specific reference to the 197 Riverside County Transportation Commission Contract Number: 16-31-057-00 I-15 ELP Design-Build Contract Page 3 of 4 Change Order Number 50 California False Claims Act (Government Code section 1250 et seq.) and the U.S. False Claims Act (31 U.S.C. section 3729 et seq.). It is understood and agreed that this Change Order shall not alter or change, in any way, the force and effect of the Contract Documents, including any previous amendment(s) thereto, except insofar as the same is expressly altered and amended by this Change Order. This Change Order supersedes all prior commitments, negotiations, correspondence, conversations, agreements or understanding applicable to the issues addressed herein. No deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written, other than the Agreement, as amended in accordance with its terms. This Change Order is binding upon, and shall inure to the benefit of, each of the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, DB Contractor, intending to be legally bound, has executed this Change Order as of the date below. DB Contractor: Skanska-Ames a Joint Venture By: ________________________________ Name: _____________________ ________ Title: _______________________________ Dated as of: _________________________ SECTION VI (Reviewed and recommended agreed by RCTC Project Manager): By: _______________________________ Name: __________________________ __ Title: ______________________________ Dated as of: ________________________ Comments: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION VII (Agreed by RCTC’s Authorized Representative): 198 Riverside County Transportation Commission Contract Number: 16-31-057-00 I-15 ELP Design-Build Contract Page 4 of 4 Change Order Number 50 IN WITNESS WHEREOF, RCTC, intending to be legally bound, has executed this Change Order as of the date first written above. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: ________________________________ Name: _____________________________ Title: _______________________________ Dated as of: _________________________ By: ________________________________ Name: _____________________________ Title: _______________________________ Dated as of: _________________________ 199 FIRM PROJECT TASKS/ROLE COST SAJV Construction and Sign Procurment (County Line VTMS)1,700,000.00$ 1,700,000.00$ TASK NUMBER TASK DESCRIPTION COST 1 Sign Material (pole and sign structure)250,000.00$ 2 Electrical 500,000.00$ 3 Foundation and Civil Work 500,000.00$ 4 Maintenance of Traffic 450,000.00$ 1,700,000.00 1,700,000.00$ 2 Preliminary Cost Estimate is a Not-To-Exceed value. Cost Negotiations are continuing. TOTAL COSTS2 SUBTOTAL TOTAL COSTS 1 Commission authorization pertains to total contract award amount. Compensation adjustments between tasks may occur; however, the maximum total compensation authorized may not be exceeded. COST SUMMARY1 ATTACHMENT 3 200 AGENDA ITEM 7J Agenda Item 7J RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee David Thomas, Toll Project Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Agreement with Nossaman LLP for On-Call Strategic Partnership Advisor Services for the Interstate 15/State Route 91 Express Lanes Connector Project WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 06-66-028-14, Amendment No. 11 to Agreement No. 06-66-028-00, with Nossaman LLP (Nossaman) for the on-call strategic partnership advisor services to support the Interstate 15/State Route 91 Express Lanes Connector (15/91 ELC), extend the contract term to December 31, 2023, and augment the agreement in the amount of $1.5 million, plus a contingency amount of $150,000, for an additional amount of $1.65 million, and a total amount not to exceed $16,002,935; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the project. BACKGROUND INFORMATION: In April 2017 Governor Brown signed Senate Bill 132 (SB 132) which appropriated $427 million to the Riverside County Transportation Efficiency Corridor (RCTEC) for five projects. SB 132 allocated $180 million to the 15/91 ELC project. The 15/91 ELC project will provide a tolled express lanes connector between the existing 91 Express Lanes and the future 15 Express Lanes to the north of SR-91 (Figure 1: Vicinity Map). SB 132 also statutorily created a task force to develop recommendations to accelerate project delivery of the RCTEC projects. On June 27, 2017, Governor Brown signed budget trailer bill Assembly Bill 115 (AB 115) through which the Commission received additional project delivery authority to ensure cost-effective and timely delivery of the 15/91 ELC project. At its October 2017 meeting, the Commission approved an overall procurement strategy for the 15/91 ELC project to secure all the services and construction needed to deliver the project. The 201 Agenda Item 7J approved strategy consists of a series of contract amendments, as permitted by AB 115, to existing 91 Project and I-15 Express Lanes Project (I-15 ELP) contracts with engineering companies, contractors, toll vendors, legal, and financial advisors. Figure 1: 15/91 Express Lanes Connector Project Vicinity Map In February 2006, following a competitive procurement process, the Commission approved an agreement with Nossaman for the purpose of providing strategic partnership advisor services for innovative project financing and evaluation of potential toll road corridors in Riverside County, specifically the 91 Project and I-15 ELP. Nossaman has been integral in supporting the Commission’s Toll Program since 2006 including assisting with a myriad of agency agreements and funding applications. Nossaman has also been essential in assisting the project and construction management team in the development and execution of the various design-build procurement documents such as the request for qualifications, risk allocation workshops, design-build contract, contract industry review process, and proposal evaluations, selection, and negotiations for the 91 Project and I-15 ELP. 202 Agenda Item 7J DISCUSSION: Between April 2018 and October 2018, the Commission approved one contract amendment and three contract change orders to the I-15 ELP Design-Build (DB) contract to design and construct certain work to accommodate the 15/91 ELC project. In April 2018, staff initiated negotiations with the I-15 ELP DB contractor to amend the I-15 ELP contract to include the 15/91 ELC work; however, in November 2018, staff and the I-15 ELP DB contractor were unable to reach an agreement on a negotiated price for the 15/91 ELC project. On February 4, 2019, staff issued a letter to the industry announcing the upcoming release of a Request for Qualifications (RFQ) for the 15/91 ELC project. On March 4, 2019, the Commission released the DB RFQ and subsequently shortlisted four DB firms. The Commission issued a draft Request for Proposals (RFP) on May 9, 2019, conducted one-on-one meetings, and issued the final RFP on July 10, 2019. Nossaman has been supporting all of the 15/91 ELC project efforts stated above utilizing its existing contract budget. An amendment is now being sought in order to complete the procurement phase activities and contract administration phase activities as summarized below: PROCUREMENT PHASE • Participate in post-RFP issuance procurement processes, including proposer workshops, one-on-one meetings, alternative technical concept (ATC) review and approval process, review and response to proposer Q&A and document revisions (addenda) • Lead with drafting of Proposal Evaluation Manual • Lead with training of the Commission personnel and consultant personnel on Proposal evaluation processes and procedures • Participate and provide oversight of Proposal evaluation • Lead with analysis, response and defense to any bid or proposal protests • Lead negotiations with apparent best value Proposers and DB contract finalization CONTRACT ADMINISTRATION PHASE • Develop and administer Contract administration training workshop for the Commission and Project and Construction Management team • Assist with DB contract interpretation, analysis and administration issues • Assist with change order, claims management strategy • Assist with prosecution of any DB contract disputes Amendment No. 11 with Nossaman in the amount of $1.5 million plus a contingency amount of $150,000, for an additional amount of $1.65 million for strategic partnership advisor services to support the 15/91 ELC project is attached. The agreement also extends the term to December 31, 2023, or the anticipated completion of the 15/91 ELC DB contract. This approach is consistent with the 91 Project and I-15 ELP and provides continuity of legal counsel through the contract administration phase. 203 Agenda Item 7J The schedule for the completed and next phases of the 15/91 ELC project procurement and contract administration is as follows: Milestone Activity Date Issued letter to the industry February 4, 2019 Completed Issued Request For Qualifications March 4, 2019 Completed Issued Draft RFP (to shortlisted proposers) May 9, 2019 Completed Issued Final RFP (to shortlisted proposers) July 10, 2019 Completed Final RFP addendum October 2019 Proposal due date November 2019 Selection, negotiation, and staff recommendation January 2020 Committee and Commission approval of contract award February/March 2020 Contract Award and Notice to Proceed Spring 2020 Start of Construction Fall 2020 Substantial Completion (15/91 ELC Open to Traffic) End of 2022 Project Completion Spring 2023 Final Acceptance Summer 2023 Staff recommends the Committee approve Agreement No. 06-66-028-14, Amendment No. 11 to Agreement No. 06-66-028-00, with Nossaman for the on-call strategic partnership advisor services to support the 15/91 ELC, extend the contract term to December 31, 2023, and augment the agreement in the amount of $1.5 million, plus a contingency of $150,000, for an additional amount of $1.65 million, and a total authorized contract value of $16,002,935. Further, staff recommends the Committee authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission and authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the project. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2019/20 FY 2020/21+ Amount: $1,100,000 $ 550,000 Source of Funds: SB 132 State Funds Budget Adjustment: No N/A GLA No.: 003039 65102 00000 0000 605 31 65102 Fiscal Procedures Approved: Date: 08/15/2019 Attachment: Agreement No. 06-66-028-14 with Nossaman LLP 204 17336.02101\32219755.2 1 Agreement No. 06-66-028-14 AMENDMENT NO. 11 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH NOSSAMAN LLP 1. PARTIES AND DATE This Amendment No. 11 to the Agreement for Strategic Partnership Advisor Services is made and entered into as of this ______ day of ___________, 2019, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and NOSSAMAN LLP ("Consultant"). 2. RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated April 10, 2006 for the purpose of providing Strategic Partnership Advisor Services (as amended, the "Master Agreement"). The not to exceed amount of the Master Agreement is set at One Hundred Fifty Thousand Dollars ($150,000). 2.2 The Commission and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated July 27, 2006, for the purpose of increasing the not to exceed amount of the Master Agreement by Seventy- Five Thousand Dollars ($75,000). 2.3 The Commission and the Consultant have entered into an Amendment No. 2 to the Master Agreement, dated October 26, 2006, for the purpose of reducing the not to exceed amount of the Master Agreement by Fifty Thousand Dollars ($50,000). 2.4 The Commission and the Consultant have entered into an Amendment No. 3 to the Master Agreement, dated April 9, 2007, for the purpose of increasing the not to exceed amount of the Master Agreement by One Hundred Fifty Thousand Dollars ($150,000). 2.5 The Commission and the Consultant have entered into an Amendment No. 4 to the Master Agreement, dated February 8, 2008, for the purpose of incorporating additional services into the Scope of Services of the Master Agreement, modifying the Consultant’s hourly billing rates, 205 17336.02101\32219755.2 2 extending the term and increasing the total not to exceed amount of the Master Agreement by Two Hundred Fifty Thousand Dollars ($250,000). 2.6 The Commission and the Consultant have entered into an Amendment No. 5 to the Master Agreement, dated July 16, 2008, for the purpose of making consulting services available to the San Bernardino Associated Governments through the Master Agreement. 2.7 The Commission and the Consultant have entered into an Amendment No. 6 to the Master Agreement, dated January 27, 2010 and Amended and Restated Amendment No. 6 to the Master Agreement, dated March 10, 2010, for the purpose of increasing the total not to exceed amount of the Master Agreement by Eight Hundred Thousand Dollars ($800,000) and to modify the Consultant’s hourly billing rates. 2.8 The Commission and the Consultant have entered into an Amendment No. 7 to the Master Agreement, dated December 21, 2010, for the purpose of increasing the total not to exceed amount of the Master Agreement by Two Million Eighty-Three Thousand Thirty-Five Dollars ($2,083,035). 2.9 The Commission and the Consultant have entered into an Amendment No. 8 to the Master Agreement, dated February 9, 2012, for the purpose of increasing the total not to exceed amount of the Master Agreement by One Million Eight Hundred Seventy-Eight Thousand Nine Hundred Dollars ($1,878,900), and extending the term (the “Third Extended Term”) to end February 9, 2014, unless earlier terminated as provided in the Master Agreement. 2.10 By letter dated May 22, 2013 (“Contingency Release Letter”), the Commission authorized the release of Board allocated contingency funds in the sum of Three Hundred Seventy Six Thousand Dollars ($376,000) to cover Extra Work, as that term is defined in the Master Agreement. 2.11 The Commission and the Consultant have entered into an Amendment No. 9 to the Master Agreement, dated August 26, 2013, to identify the Contingency Release letter within the formal amendments to the Master Agreement, increasing the total not to exceed amount of the Master Agreement by Two Million Four Hundred Thousand Dollars ($2,400,000), and extending the term (the “Fourth Extended Term”) to end March 9, 2018, unless earlier terminated as provided in the Master Agreement. 206 17336.02101\32219755.2 3 2.12 The Commission and the Consultant have entered into an Amendment No. 10 to the Master Agreement, dated July 19, 2016, to amend the Master Agreement, increasing the total not to exceed amount of the Master Agreement by Five Million Seven Hundred Thousand Dollars ($5,700,000), and extending the term (the “Fifth Extended Term”) to end December 31, 2020, unless earlier terminated as provided in the Master Agreement to provide procurement and contract administration services for the I-15 Express Lanes Project. 2.13 The parties now desire to amend the Master Agreement in order to extend the term, include additional services, and provide additional compensation for the support of the 15/91 Express Lanes Connector Project (“15/91 ELC”). 3. TERMS 3.1 The term of the Master Agreement shall be extended for an additional term (the “Sixth Extended Term”) beginning on December 31, 2020 and ending on December 31, 2023, unless earlier terminated as provided in the Master Agreement. 3.2 The Services, as defined in the Master Agreement, shall be amended to include the services and work required for the 15/91 ELC, as set forth in Exhibit “A” attached to this Amendment No. 11 and incorporated herein by reference. 3.3 The maximum compensation for Services performed pursuant to this Amendment No. 11 shall be One Million Five Hundred Thousand Dollars ($1,500,000), as further set forth in the attached Exhibit "B." Work shall be performed at the rates set forth in the Master Agreement, as previously amended. 3.4 The total not-to-exceed amount of the Master Agreement, as previously amended, and as amended by this Amendment No. 11, shall be increased from Thirteen Million Eight Hundred Twelve Thousand Nine Hundred Thirty-Five Dollars ($13,812,935) to Fifteen Million Three Hundred Twelve Thousand Nine Hundred Thirty-Five Dollars ($15,312,935). 3.5 The recitals set forth above are true and correct and are incorporated into this Amendment No. 11 by reference as though fully set forth herein. 3.6 This Amendment No. 11 shall be governed by the laws of the State of California. Venue shall be in Riverside County. 207 17336.02101\32219755.2 4 3.7 This Amendment No. 11 may be signed in counterparts, each of which shall constitute an original. 3.8 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendment No. 1 through No. 10, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [SIGNATURES ON FOLLOWING PAGE] 208 17336.02101\32219755.2 5 SIGNATURE PAGE TO AMENDMENT NO. 11 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH NOSSAMAN LLP IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first herein above written. RIVERSIDE COUNTY NOSSAMAN LLP TRANSPORTATION COMMISSION By: _____________________________ By: _________________________ Anne Mayer, Executive Director Signature __________________________ Name __________________________ Title APPROVED AS TO FORM: By: _____________________________ Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission . 209 Exhibit A 1 17336.02101\32219755.2 EXHIBIT "A" NOSSAMAN SCOPE OF SERVICES I-15 ELC In support for the design-build procurement of the I-15 Express Lanes Connector Design-Build Project (“Project”), NOSSAMAN LLP (“Nossaman”) will provide the following services: PROCUREMENT PHASE • Participate in weekly team calls • Participation in procurement strategies discussion • Assistance with agreements and negotiations with Caltrans, FHWA and other agency stakeholders, including the design-build coop agreement, toll facilities agreement • Lead in drafting of RFQ • Assist with proposer Q&A re: RFQ and RFQ document revisions (addenda) • Lead with drafting of RFQ Evaluation Manual • Assist with training of the Commission personnel and consultant personnel on RFQ evaluation process and procedures • Participate and provide oversight of RFQ evaluation • Lead in drafting of RFP (Instructions to Proposers) • Lead in drafting of Design-Build Contract documents • Assist in drafting of Toll Services Contract change orders/amendments • Review and comment on drafts of the Technical Provisions drafted by the PCM • Coordinate with and among co-consultants, including technical advisor • Participate in industry review process, including proposer workshops, one on one meetings, proposer Q&A and document revisions • Participate in post-RFP issuance procurement processes, including proposer workshops, one on one meetings, alternative technical concept (ATC) review and approval process, review and response to proposer Q&A and document revisions (addenda) • Lead with drafting of RFP Evaluation Manual • Lead with training of the Commission personnel and consultant personnel on RFP evaluation processes and procedures • Participate and provide oversight of RFP evaluation • Lead with analysis, response and defense to any bid or proposal protests • Lead negotiations with apparent best value Proposers and Design-Build Contract finalization • Assist with Design-Build Contract award and execution process 210 Exhibit A 2 17336.02101\32219755.2 • Assistance with preparation of materials for presentations, briefings and other materials to Commission board and committees and senior staff and other stakeholders, as needed • Assist Commission with any applications under SEP-14 or SEP-15 (as well as other similar, related or new programs authorized under FAST or any future reauthorizations) • Coordinate with and among co-consultants, including technical advisor and financial advisors • Other Project-related tasks directed by the Commission to implement the procurement and Project CONTRACT ADMINISTRATION PHASE • Develop and administer Contract administration training workshop for the Commission and PCM • Assist with issuance of notice to proceed(s) • Participate in regularly scheduled contract administration calls • Assist with Design-Build Contract interpretation, analysis and administration issues • Assist with change order, claims management strategy • Review, analyze and respond to design-build contractor change order requests • Review, analyze and research the Commission/design-builder change order requests • Assist in drafting of, review and negotiation of change orders • Assist with prosecution of any Design-Build Contract disputes • Coordinate with and among co-consultants, including technical advisor and financial advisors • Other Project-related tasks directed by the Commission to implement the procurement and Project PRELIMINARY ASSUMPTIONS ● Budget estimate reflects additional amounts to existing engagement for purposes of amendment and do not include existing budgeted amounts ● ELC RFQ shall be based on prior Nossaman precedent for shortlisting RFQs ● ELC Design-Build Contract and ELC RFP will use SR-91 and ELP design-build documents as precedent and only moderate to medium changes will be required for Project ● Technical provisions will use SR-91 and ELP technical provisions as precedent and only moderate to medium changes will be required for Project ● Procurement period of 12-15 months from issuance of ELC RFQ to award/notice to proceed ● Shortlist following ELC RFQ of no more than 4 proposers 211 Exhibit A 3 17336.02101\32219755.2 ● Suitable PCM and the Commission personnel properly performing their respective scopes of work ● Although part of scope, budget estimate excludes legal fees relating to the following items (budget amendment to contract would be required): ○ SOQ or Proposal protests or other procurement challenges ○ A Best and Final Offer (BAFO) ○ Significant numbers of and/or complex change orders affecting the Project ○ Support regarding disputes/claims going to dispute resolution or litigation ● BB&K will provide services in its role as Commission’s general counsel in the same manner as with the SR-91 project and ELP Project ● Insurance issues will be addressed by the Commission or a third party insurance advisor contracted to the Commission or the technical advisor ● Budget estimate is an estimate and not a guaranty or a cap on fees and expenses. ● Rates shall increase annually in the manner consistent with past practice ● Estimates of budget allocations across phases are estimates and shall not be caps on fees and expenses for the respective phases ● Fees and expenses may vary across phases from estimated numbers, but remain subject to the overall budget authorization 212 Exhibit B 17336.02101\32219755.2 EXHIBIT “B" NOSSAMAN COMPENSATION 213 AGENDA ITEM 7K Agenda Item 7K RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Mark Lancaster, Capital Projects Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Agreement with T.Y. Lin International for Final Design Services Related to the Mid County Parkway Interstate 215/Placentia Avenue Interchange Improvement Project WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 16-31-066-03, Amendment No. 3 to Agreement No. 16-31-066-00, with T.Y. Lin International (T.Y. Lin) to finish final design services and prepare the Interstate 215/Placentia Avenue interchange improvement (I-215/Placentia Avenue) project for advertising and award, for an additional amount of $629,416, plus a contingency amount of $62,942, for an additional amount of $692,358, and a total amount not to exceed $4,761,021; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the project. BACKGROUND INFORMATION: The Commission began environmental studies and preliminary engineering on the Mid County Parkway (MCP) project in December 2003. In April 2015, the Commission certified the final environmental impact report, adopted findings pursuant to the California Environmental Quality Act, adopted a mitigation monitoring and reporting program, adopted a statement of overriding considerations, and approved the MCP project. At the Commission’s direction, staff proceeded with design and right of way acquisition for the I-215/Placentia Avenue project as the first construction contract for the MCP project. The I-215/Placentia Avenue project will construct a new interchange at I-215/Placentia Avenue and six lanes on Placentia Avenue between Harvill Avenue and Indian Avenue, connecting to the 214 Agenda Item 7K existing two-lane section of Placentia Avenue between Indian Avenue and Perris Boulevard (see Attachment 1 Vicinity Map). At the November 2016 meeting, the Commission approved an agreement with T.Y. Lin for final design and preparation of the final Plans, Specifications and Estimate (PS&E) package and related construction bid documents for the construction of the I-215/Placentia Avenue project in the amount of $3,412,700. The table below provides a summary of the initial agreement and subsequent amendments, resulting in a total contract authorization to date of $4,068,663. Agreement Date Amount Original Agreement November 9, 2016 $ 3,412,700 Amendment No. 1 October 2, 2018 314,663 Amendment No. 2 February 11, 2019 341,300 Total $ 4,068,663 The parties now desire to amend Agreement 16-31-066-00 for a third time in order to provide compensation for final design services for the I-215/Placentia Avenue project to complete work that was not anticipated in the original scope of work for the project. DISCUSSION: During the design phase, ongoing coordination with Caltrans, Riverside County Transportation Department (RCTD), and Riverside County Flood Control and Water Conservation District (RCFCWCD) identified the following work items that were not included in the original scope of the project, but now are required to be completed by T.Y. Lin: 1. Updates to the drainage design, including means to convey storm water runoff downstream of I-215 in a manner approved by RCFCWCD, since RCFCWCD will maintain the required detention basins. This work includes analysis of the RCFCWCD Master Storm Drain Plan for the area upstream and downstream of the project and the design of a temporary storm drain system until a regional flood control facility can be constructed. This work also included revising detention basin plans based on comments from Caltrans and RCFCWCD, attending numerous design and coordination meetings, and preparing drainage reports and exhibits for both Caltrans and RCFCWCD. 2. Modifying the 95% complete plans based on comments from Caltrans, city of Perris, RCFCWCD and RCTD. Comment resolution included unanticipated revisions and incorporating new design standards to the structure plans, drainage plans and pavement delineation plans. Other unanticipated issues that required coordination and resolution were providing Caltrans maintenance access roads, as well as Caltrans relinquishment of an existing frontage road on the west side of I-215 to allow utility relocation in the area of the frontage road and finally the evaluation of the Placentia Avenue/Indian Avenue intersection per request by the city of Perris. 215 Agenda Item 7K 3. Incorporating Commission staff-requested changes to the original stage construction, traffic handling, and detour plans so that the new entrance and exit ramps could be constructed first and used as detour routes during the required full freeway closures, instead of a three mile detour route between the Ramona Expressway and Nuevo Road. This change significantly reduced construction cost and enhances safety for the travelling public and required updates to the Transportation Management Plan. 4. Coordination with utility companies, particularly with Eastern Municipal Water District (EMWD), as relocation of a sewer line into the existing frontage road on the west side of I-215 included determination of ownership of the frontage road and subsequent permitting from Caltrans for the relocation work. 5. Changes to the Placentia Avenue cross slope, in the vicinity of the Placentia Street Overhead, to provide standard California Public Utility Commission (CPUC) vertical clearance. The structure as originally designed would have required an exception from the CPUC that is rarely granted, and Commission staff determined that the exception could be avoided with a minor revision to the cross slope of the roadway, which provides for standard CPUC clearances. This change required preparation of a Decision Standard Decision Document, and coordination with Caltrans, to obtain approval. 6. Preparation of exhibits needed for multiple agreements between the Commission and several agencies, including Caltrans, city of Perris, RCFCWCD, RCTD and the Southern California Regional Rail Authority. Exhibits were also needed for agreements between Caltrans, the Commission, and the city of Perris, including freeway agreements, landscaping and electrical maintenance agreements, and multiple cooperative agreements between the agencies. This includes project exhibits requested by the Commission and Temporary Water Pollution Control exhibits requested by Caltrans. Subsequently, staff negotiated the scope of work (including the appropriate level of effort, labor categories/mix, etc.), cost, and schedule proposal received from T.Y. Lin for the additional services and established a fair and reasonable price. The proposed cost is $629,416. The completion of design of the project is targeted for November 2019, and construction is scheduled to begin in the late spring of 2020. Recommendation Staff recommends approval of Agreement No. 16-31-066-03 with T.Y. Lin to complete these additional scope items for the project, based on the final negotiated scope and cost of $629,416, plus a contingency amount of $62,942, for an additional amount of $692,358, and a total contract authorization not to exceed $4,761,021. Further, authorization is requested for the Chair or Executive Director to execute the agreement on behalf of the Commission and for the Executive Director or designee to approve the use of the contingency amount as may be required for the project. 216 Agenda Item 7K Financial Information In Fiscal Year Budget: Yes Year: FY 2019/20 Amount: $692,358 Source of Funds: 2009 Measure A Western County New Corridors Budget Adjustment: No GL/Project Accounting No.: 002317 81102 00000 0000 261 31 81101 Fiscal Procedures Approved: Date: 08/16/2019 Attachments: 1) Vicinity Map-I-215/Placentia Avenue Interchange 2) TY Lin Amendment No. 3, Agreement No. 16-31-066-03 217 SSAAAASSPLACENTIA AveHARVILL Ave WATER AveWATER AveE A ST FR ON T AG E R d EAST FRONTAGE Rd WALNUT StINDIAN Ave W EST FRONTAGE Rd W EST FRONTAGE Rd SUSAN Ln 0 SCALE: 1" = 150' 450'900'225'ORANGE AveORANGE AveW RIDER StI-215 I-215 SCRRA Attachment B Location Map I-215 / Placentia Ave Interchange November 21, 2017 *Mid-County Parkway (shown in blue) is not part of project. Attachment 1 Vicinity Map Placentia Street Overhead ATTACHMENT 1 218 17336.01100\31282465.5 Agreement No. 16-31-066-03 AMENDMENT NO. 3 TO AGREEMENT FOR PREPARATION OF PLANS, SPECIFICATION AND ESTIMATES (PS&E) WITH T.Y. LIN INTERNATIONAL 1.PARTIES AND DATE This Amendment No. 3 to the Agreement for preparation of plans, specifications, and estimates services is made and entered into as of _____________, 2019, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and T.Y. LIN INTERNATIONAL ("Consultant"), a California corporation. 2.RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated November 9, 2016 for the purpose of providing the preparation of plans, specifications, and estimates (PS&E) for the Interstate 215/Placentia Avenue Interchange Improvements Project (the "Master Agreement"). 2.2 The Commission and the Consultant have entered into an Amendment No. 1, dated October 2, 2018, for the purpose providing additional compensation for additional PS&E services for the Interstate 215/Placentia Avenue Interchange Improvements Project. 2.3 The Commission and the Consultant have entered into an Amendment No. 2, dated February 11, 2019, for the purpose providing additional compensation for additional PS&E services for the Interstate 215/Placentia Avenue Interchange Improvements Project 2.4 The parties now desire to amend the Master Agreement in order to provide additional compensation for additional PS&E services for the Interstate 215/Placentia Avenue Interchange Improvements Project. 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 additional PS&E services, as more fully described in Exhibit "A" attached to this Amendment No. 3 and incorporated herein by reference. ATTACHMENT 2 219 17336.01100\31282465.5 2 3.2 The maximum compensation for Services performed pursuant to this Amendment No. 3 shall be Six Hundred Twenty-Nine Thousand, Four Hundred Sixteen Dollars ($629,416). 3.3 The compensation terms are further set forth in Exhibit “B” attached to this Amendment No. 3 and incorporated herein by reference. Compensation for Services performed under this Amendment No. 3 shall be billed in accordance with the attached Exhibit “B”. 3.4 The total not-to-exceed amount of the Master Agreement, as amended by this Amendment No. 3, shall be increased from Four Million Sixty-Eight Thousand, Six Hundred Forty Dollars ($4,068,640) to Four Million Six Hundred and Ninety-Eight Thousand, Fifty-Six Dollars ($4,698,056). 3.5 Except as amended by this Amendment No. 3, 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. 3.6 This Amendment No. 3 shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.7 This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original. [Signatures on following page] 220 17336.01100\31282465.5 3 SIGNATURE PAGE TO AGREEMENT NO. 16-31-066-03 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY T.Y. LIN TRANSPORTATION COMMISSION INTERNATIONAL 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. 221 Exhibit A 17336.01100\31282465.5 Exhibit “A” Amendment No. 3 Scope of Services [attached behind this page] 222 Amendment #3 (RFQ 16-31-066-00) EXHIBIT A SCOPE OF WORK 1 6/20/2019 SCOPE OF WORK Preparation of Plans, Specifications and Estimates (PS&E) For the Interstate 215 (I-215) / Placentia Avenue Interchange Improvements Project Amendment #3 June 20, 2019 223 Amendment #3 (RFQ 16-31-066-00) EXHIBIT A SCOPE OF WORK 2 6/20/2019 SECTION 1 DESCRIPTION OF PROJECT 1.1 PROJECT DESCRIPTION 1.1-1 Background No change from original contract dated November 9, 2016. 1.1-2 Location and Limits No change from original contract dated November 9, 2016. 1.1-3 Project Description No change from original contract dated November 9, 2016. 1.2 REASONS FOR CONTRACT AMENDMENT 1.2-1 Finalize 100% Design and Ready-to-List (RTL) Project Additional effort required to complete the final design and RTL the project. 1.2-2 Construction Support Phase Additional budget needed for Construction Support, due to additional project scope and to replenish budget used under Amendment #2. SECTION 2 Not used 224 Amendment #3 (RFQ 16-31-066-00) EXHIBIT A SCOPE OF WORK 3 6/20/2019 SECTION 3 TASK BREAKDOWN OF WORK 3.2 TASK 5 – FINAL PS&E (100 PERCENT) SUBMITTAL 3.5-8 Finalize 100% Design and RTL Project Additional budget is required to finish final design. This includes various scope adjustments, including: A. Updates to the drainage design, based on comments from Riverside County Flood Control and Water Conservation District (RCFC & WCD). Includes design changes to regional facility, attending meetings, and preparing exhibits. B. Responding to comments and modifying the 100% plans based on comments from Caltrans, City of Perris, and the County of Riverside. Includes changes to the pavement delineation plans, grading, West Frontage Road ownership and access, maintenance access roads, and guardrail installation. Includes evaluation of different curb ramps at Placentia Avenue/Indian Avenue, and Caltrans Midwest Guardrail Length of Need (LON) calculations and exhibits. C. Per RCTC request, changes to the Stage Construction, Traffic Handling, and Detour Plans to use the new ramps as detour routes during full freeway closures. Also requires changes to the Transportation Management Plan (TMP). D. Ongoing coordination with utility companies, including but not limited to: Southern California Edison (SCE), Eastern Municipal Water District (EMWD), Southern California Gas (SCG), and Frontier Communications. It is expected that portions of SCE's proposed infrastructure will be installed by the RCTC’s construction contractor and depicted on the project plans. E. Changes to roadway cross slope, and Placentia Street Overhead, to change the proposed vertical clearance over the railroad. Preparation of a Decision Standard Decision Document (DSDD), and coordination with Caltrans, to obtain approval. F. Updates to the RCTC General Provisions, Caltrans Special Provisions, and any non-standard Special Provisions (NSSPs). G. Updates to the Final PS&E following the submission of the 100% PS&E to Caltrans, County of Riverside, City of Perris, and RCFC & WCD. Includes additional comment incorporation and adjudication with County of Riverside. H. Development, review, and exhibits needed for agreements between RCTC, 225 Amendment #3 (RFQ 16-31-066-00) EXHIBIT A SCOPE OF WORK 4 6/20/2019 Caltrans, City of Perris, County of Riverside, and RCFC & WCD. This includes project strip plot exhibits requested by RCTC, and Temporary Water Pollution Control exhibits requested by Caltrans. 3.5 TASK 7 – CONSTRUCTION SUPPORT PHASE 3.7-3 Shop Drawing and Submittal Review Additional budget is anticipated to be needed during construction for review of shop drawings and calculations. 3.7-5 Respond to Inquiries/RFIs Additional budget is anticipated to be needed during construction for RFIs, due to additional project scope. 226 Exhibit B 17336.01100\31282465.5 Exhibit “B” Amendment No. 3 Compensation [attached behind this page] 227 FIRM PROJECT TASKS/ROLE COST TY Lin Design and PS&E Preparation Services 619,149.00$ Earth Mechanics Geotechnical Testing Services 7,224.00 626,373.00 3,043.00 629,416.00$ TOTAL COSTS 1 Commission authorization pertains to total contract award amount. Compensation adjustments between consultants may occur; however, the maximum total compensation authorized may not be exceeded. EXHIBIT "B" Prime Consultant: Sub Consultants: SUBTOTAL OTHER DIRECT COSTS COMPENSATION SUMMARY1 228 Attachment 1 to Exhibit “B” 17336.01100\31282465.5 229 AGENDA ITEM 7L Agenda Item 7L RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Monica Morales, Management Analyst Lorelle Moe-Luna, Multimodal Services Director THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2019/20 State of Good Repair Program Allocations BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Resolution No. 19-009, “Resolution of the Riverside County Transportation Commission Approving the FY 2019/20 Project List for the California State of Good Repair Program”; 2) Approve an allocation of $3,910,756 related to Fiscal Year 2019/20 State of Good Repair (SGR) program funds to eligible Riverside County transit operators; 3) Authorize the Executive Director, or designee, to review, approve and submit projects to Caltrans which are consistent with SGR program guidelines and to execute and submit required documents for the SGR program, including the Authorized Agent Form; and 4) Authorize the Executive Director, or designee, to approve administrative amendments to the FY 2019/20 Short Range Transit Plans for incorporation of the SGR funds, as necessary. BACKGROUND INFORMATION: The SGR program was established through SB 1 in April 2017 and is funded from a portion of the new Transportation Improvement Fee on vehicle registrations. SGR provides approximately $105 million annually to transit operators in California for eligible transit maintenance, rehabilitation, and capital projects. Funds are apportioned similar to the State Transit Assistance (STA) program formula, utilizing two categories for funding. The first category of funds is apportioned by population; these are discretionary and fall under Public Utilities Code (PUC) 99313. The second category of funds is calculated based on transit operator revenues; these are non-discretionary and fall under PUC 99314. Apportionments for both PUC 99313 and 99314 are determined by the State Controller’s Office (SCO). The total estimated amount of SGR funds available to Riverside County for FY 2019/20 is $3,910,756. Of this amount, $3,288,705 is apportioned by population under PUC 99313, and will be sub-allocated by the Commission. PUC 99314 provides $622,051 directly to the transit operators as determined by the SCO. 230 Agenda Item 7L As the Regional Transportation Planning Agency for Riverside County, the Commission has the following responsibilities: • Receive and allocate SGR funds to transit operators based on local needs (PUC 99313) and based on formula amounts published by the SCO (PUC 99314); • Via board resolution, approve the annual list of SGR projects submitted by the public transit operators and ensure funds are expended on SGR-eligible activities; • Complete an updated authorized agent form; and • Comply with all relevant federal and state laws, regulations, and policies for funding. In order to receive funding for FY 2019/20, by September 1, the Commission is required to submit to Caltrans a resolution, which confirms the Commission is an eligible project sponsor and may receive, distribute, concur and approve the list of projects, which are to be funded under the SGR program. Revised SGR funding amounts were released on August 1. Due to the board meeting schedule, Caltrans approved the Commission’s request to submit an approved resolution and project list by September 30. Moving forward, staff will incorporate the SGR funding allocations concurrently with the annual Short Range Transit Plan allocation process to ensure that the annual September 1 project and document submittal deadline is met. Staff recommends approval of Resolution No. 19-009. Attachment 2 of this report represents amounts allocated to each transit operator for project allocation. Sub-allocations for PUC 99313 were based on a population distribution by subregion and a distribution of 78 percent to bus and 22 percent to rail in Western County. Staff reviewed the current distribution methodology and recommends a formal policy be adopted before the FY 2020/21 SGR funds are sub-allocated. It is important to note that the funding allocation is an estimate provided by the SCO. Actual funds received are based on the Transportation Improvement Fee collected on vehicle registrations. Financial Information In Fiscal Year Budget: Yes Year: FY 2019/2020 Amount: $ 3,910,756 Source of Funds: SB1 State of Good Repair Budget Adjustment: No GL/Project Accounting No.: 00222X 401 4230X 0000 242 62 4230X (SGR revenues by various geographic area/project numbers) Fiscal Procedures Approved: Date: 08/19/2019 Attachments: 1) Resolution No 19-009 2) SGR FY 2019/20 Allocations by Operator 231 RESOLUTION NO. 19-009 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION APPROVING THE FY 2019-20 PROJECT LIST FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act 2017, established the State of Good Repair (SGR) program to fund eligible transit maintenance, rehabilitation and capital project activities that maintain the public transit system in a state of good repair; and WHEREAS, the Riverside County Transportation Commission is an eligible project sponsor and may receive and distribute State Transit Assistance – SGR funds to eligible project sponsors (local agencies) for eligible transit capital projects; WHEREAS, the Riverside County Transportation Commission distributes SGR funds to eligible project sponsors (local agencies) under its regional jurisdiction; and WHEREAS, the Riverside County Transportation Commission concurs with and approves the attached project list for the SGR Program funds; and NOW, THEREFORE, BE IT RESOLVED, that the Riverside County Transportation Commission hereby approves the SB 1 SGR Project List for FY 2019-20; and 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 document and applicable statutes, regulations and guidelines for all SGR funded transit capital projects. NOW, THEREFORE, BE IT RESOLVED, that the Executive Director is hereby authorized to submit a request for Scheduled Allocation of the SB 1 SGR funds and to execute the related grant applications, forms and agreements, including the Authorized Agent Form. APPROVED AND ADOPTED this 11th day of September, 2019. _____________________________________ Chuck Washington, Chair Riverside County Transportation Commission ATTEST: _________________________________ Lisa Mobley, Clerk of the Board Riverside County Transportation Commission 232 Bus Rail Bus RailPUC 99313 Discretionary 2,042,355 576,049 634,736 0 35,565 3,288,705City of Banning 37,375City of Beaumont 49,221City of Corona 96,808City of Riverside 96,399Riverside Transit Agency 1,762,552PUC 99314 Non-Discretionary 201,425 274,776 144,460 0 1,390 622,051City of Banning 2,503City of Beaumont 2,778City of Corona 4,322City of Riverside 5,140Riverside Transit Agency 186,682Total FY 19/20 SGR Funding 2,243,780 850,825 779,196 0 36,955 3,910,756 Population Source: California Department of Finance, Demographic Research Unit (1/1/17) (Commission 1/9/19) Area Population %Western Riverside 1,898,719 79.62%Coachella Valley 460,275 19.30%Palo Verde Valley 25,790 1.08%Total 2,384,784 100.00%* For Western Riverside: Bus Services (78%), Rail Services (22%)Rev. 8/7/19Rev. 8/30.19Commission Item Agency PUC 99313 PUC 99314 Total SGR AllocationCity of Banning 37,375 2,503 $39,878City of Beaumont 49,221 2,778 $51,999 Bus Stop RehabilitationCity of Corona 50,000 0 $50,000City of Corona 46,808 4,322 $51,130 On-going Bus Stop ImprovementsCity of Riverside 96,399 5,140 $101,539 Video ServersPalo Verde Valley Transit Agency 35,565 1,390 $36,955RCTC462,049 274,776 $736,825 Elevator modernizationRCTC114,000 0 $114,000 Lighting efficiency Riverside Transit Agency 1,762,552 186,682 $1,949,234SunLine0100,000 $100,000 Upgrade Division I FenceSunLine634,736 44,460 $679,196Grand Totals 3,288,705 622,051 $3,910,756 West Coast Center of Excellence Maintenance Facility Phase II Existing Fleet Preventative Maintenance Vehicle Maintenance Oversight Project FY2019/2020 SGR PROPOSE PROJECT LISTING Proposed Project Description Facility, Maintenance and Revenue/Support Vehicle Replacements, Enhancements and Upgrades Maintenance Update and Improvement Project FY 2019/20 State of Good Repair (SGR) Funding AllocationState Controller's OfficeTransmittal Letter of August 1, 2019 (Estimate) Western Riverside*Coachella Valley Palo Verde Valley Total ATTACHMENT 2 233 AGENDA ITEM 8 Agenda Item 8 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Bryce Johnston, Capital Projects Manager Marlin Feenstra, Project Delivery Director THROUGH: Anne Mayer, Executive Director SUBJECT: State Route 60 Truck Lanes Project Update STAFF RECOMMENDATION: This item is for the Commission to receive an oral report on the State Route 60 Truck Lanes project. BACKGROUND INFORMATION: Staff will present information regarding the current status of the project, which is currently under construction. 234 AGENDA ITEM 9 Agenda Item 9 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Stephanie Blanco, Capital Projects Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Cooperative Agreement with the California Department of Transportation, District 8 for Project Initiation Document Phase for the Riverside County Next Generation Express Lanes Project WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 20-31-006-00, a cooperative agreement between the Commission and the California Department of Transportation, District 8 (Caltrans) for the Riverside County Next Generation Express Lanes Project (NGELP), in an amount not to exceed $300,000; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: The NGELP will analyze and develop a Project Initiation Document (PID) for the following three corridors in Riverside County (Figure 1): 1. 91 Downtown Riverside: SR-91 from I-15 to SR-91/I-215/SR-60 interchange 2. 60 Jurupa-Riverside: SR-60 from I-15 to SR-91/I-215/SR-60 interchange 3. 60/215 Riverside-Moreno Valley: I-215/SR-60 from SR-91/I-215/SR-60 interchange to SR-60/Gilman Springs Road interchange and to I-215/Van Buren Boulevard interchange The purpose of this project is to: • Define the purpose and need for the project; • Identify feasible alternatives for the next phase; • Collect and analyze existing information; • Identify stakeholders for development of the project; • Scope proposed studies and activities for project development; • Estimate the project cost and schedule; and 235 Agenda Item 9 • Approve the PID to program the projects and proceed to the next phase of project development. Figure 1: Project Location Map At its January 2019 workshop, the Commission authorized staff to complete the PID phase for the 91 Downtown Riverside Express Lanes; 60 Jurupa-Riverside Express Lanes; and 60/215 Riverside-Moreno Valley Express Lanes. Services for the PID phase will be funded with State Transportation Improvement Program-Planning, Programming, and Monitoring (STIP-PPM) and Local Transportation Fund (LTF) funding. On July 10, 2019 the Commission awarded a contract to WSP USA Inc. to conduct preliminary engineering and environmental studies to support the preparation of a PID for the NGELP. The PID phase is anticipated to begin in August 2019 with a kick-off meeting with Caltrans. In response to Commissioners’ input, staff modified the PID NGELP contract to evaluate the following: 1) For the 91 Downtown Riverside Express Lanes Corridor, an alternative to construct 2 express lanes in each direction by converting 1 existing High Occupancy Vehicle (HOV) lane to 1 express lane and add a new express lane; and 236 Agenda Item 9 2) For all the corridors, an alternative for an HOV lane to general purpose lane conversion. Cooperative Agreement with Caltrans To proceed with the PID phase of the NGELP, the Commission must enter into a cooperative agreement with Caltrans (Attachment 1), the owner and operator of the State Highway System. Execution of the agreement provides Caltrans with a funding source for staff efforts for review and approval of the NGELP PID document. The following are some key provisions of this cooperative agreement: • The Commission, as the project sponsor and implementing agency, shall be responsible for establishing the project scope; securing funding for the PID work; and managing the scope, cost, schedule, and quality of the PID work activities; • Caltrans shall perform quality management of the PID work to ensure compliance with applicable standards and regulations and will issue/obtain the necessary approvals for work within the existing and proposed State Highway System right of way; • The Commission, will develop and provide a Quality Management Plan (QMP) that describes the Commission’s quality policy, how it will be used, and how disputes will be resolved at the team level. Caltrans will review and approve the QMP; • The Commission is responsible to fund the cost of the work in accordance with the agreement, which totals $300,000. The Caltrans engineering and environmental support costs for review of the PID project only include direct costs. No indirect or overhead costs will be applied for the review of the PID document; and • Caltrans will review and approve the PID as required by California Government Code, Section 65086.5 allowing for 60 days of review for the draft PID and 30 days of review for the revised and final PID. Staff seeks Commission approval of the cooperative agreement and authorization for the Chair or Executive Director to execute the agreement on behalf of the Commission. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2019/20 FY 2020/21 Amount: $ 250,000 $ 50,000 Source of Funds: STIP-PPM and LTF funds Budget Adjustment: No N/A GL/Project Accounting No.: 003047 81602 00000 0000 262 31 81601 - $100,000 003048 81602 00000 0000 262 31 81601 - $100,000 003049 81602 00000 0000 262 31 81601 - $100,000 Fiscal Procedures Approved: Date: 08/14/2019 Attachment: Draft Agreement No. 20-31-006-00 237 Agreement 08-1704 Project No. 0820000006 EA 1L270 08-RlV-91-60-215-various COOPERATIVE AGREEMENT COVER SHEET Work Description A STUDY OF MANAGED LANE ALTERNATIVES ON THREE CORRIDORS; SR-91 DOWNTOWN RIVERSIDE, SR-60 JURUPA-RIVERSIDE AND SR-60/I-215 RIVERSIDE- MORENO VALLEY. Contact Information CALTRANS Raghuram Radhakrishnan, Project Manager 464 West 4th Street, 6th Floor (MS-1229) San Bernardino, CA 92401-1400 Office Phone: (909) 383-6288 Mobile Phone: Fax Number: (909) 383-6938 Email: raghuram.radhakrishnan@dot.ca.gov RIVERSIDE COUNTY TRANSPORTATION COMMISSION Stephanie Blanco, Capital Projects Manager 4080 Lemon Street, Third Floor Riverside, CA 92501 Office Phone: 951-787-4019 Email: SBlanco@RCTC.org 238 Agreement 08-1704 Project No. 0820000006 1 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) EA 1L270 08-RIV-91-60-2 1 5-various COOPERATIVE AGREEMENT DRAFT This AGREEMENT, effective on between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: Riverside County Transportation Commission, a public corporation/entity, referred to hereinafter as COMMISSION. An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES. RECITALS 1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per California Streets and Highways Code, Sections 114 and 130 and California Government Code, Section 65086.5. 2. For the purpose of this AGREEMENT, A study of managed lane alternatives on three corridors: SR-91 Downtown Riverside, SR-60 Jurupa-Riverside, corridors and SR-60/1-215 Riverside-Moreno Valley, will be referred to hereinafter as PROJECT. COMMISSION desires that a Project Initiation Document (PID) be developed for the PROJECT. The Project Initiation Document will be a Project Study Report - Project Development Support (PSR- PDS). 3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK: • PROJECT INITIATION DOCUMENT (PID) Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process. 239 Agreement 08-1704 Project No. 0820000006 2 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) 4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments. This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT. PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT. If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed fi:om this AGREEMENT. Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT. AGREEMENT will terminate 180 days after PID is signed by PARTIES or as mutually agreed by PARTIES in writing. However, all indemnification articles will remain in effect until terminated or modified in writing by mutual agreement. 5. No PROJECT deliverables have been completed prior to this AGREEMENT. 6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms. 7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT. RESPONSIBILITIES Sponsorship 8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT. PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operatqr of the State Highway System. 9. COMMISSION is the SPONSOR for the WORK in this AGREEMENT. 240 Agreement 08-1704 Project No. 0820000006 3 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) Implementing Agency 10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • COMMISSION is the Project Initiation Document (PID) IMPLEMENTING AGENCY. The PID identifies the PROJECT need and purpose, stakeholder input, project alternatives, anticipated right-of-way requirements, preliminary environmental analysis, initial cost estimates, and potential funding sources. 11. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan (QMP) for the WORK in that component. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval. 12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements. Funding 13. COMMISSION is the only PARTY obligating funds in this AGREEMENT and will fund the cost of the WORK in accordance with this AGREEMENT. If, in the future, CALTRANS is allocated state funds and Personnel Years (PYs) for PID review or development of this PROJECT, PARTIES will agree to amend this AGREEMENT to change the reimbursement arrangement for PID review. 14. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT. PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in its entirety, each time the funding details change. Funding Summary replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Funding Summary supersedes any previous Funding Summary created for this AGREEMENT. 15. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT. 241 Agreement 08-1704 Project No. 0820000006 4 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) 16. Unless otherwise documented in the Fund g Summary, overall liability for project costs within a PROJECT COMPONENT will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 17. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 18. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT. CALTRANS' Quality Management 19. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way. 20. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that COMMISSION's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK. When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA. 21. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT. 22. COMMISSION will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work. Proiect Initiation Document (PID) 23. As the PID IMPLEMENTING AGENCY, COMMISSION is responsible for all PID WORK except those activities and responsibilities that are assigned to another PARTY in this AGREEMENT and those activities that may be specifically excluded. 242 Agreement 08-1704 Project No. 0820000006 5 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) 24. Should COMMISSION request CALTRANS to perform any portion of PID preparation work, except as otherwise set forth in this in this AGREEMENT, COMMISSION agrees to reimburse CALTRANS for such work and PARTIES will amend this AGREEMENT. 25. CALTRANS will be responsible for completing the following PID activities: 100.05.10.xx Quality Management Yes 150.05.05.xx Review of Existing Reports, Data, Studies, and Mapping Yes 150.25.20 PID Circulation, Review, and Approval Yes 26. CALTRANS will provide relevant existing proprietary information and maps related to: • Geologic and Geotechnical information • Utility information • Environmental constraints • Traffic modeling/forecasts • Topographic and Boundary surveys • As-built centerline and existing right-of-way Due to the potential for data loss or errors, CALTRANS will not convert the format of existing proprietary information or maps. 27. When required, CALTRANS will perform pre-consultation with appropriate resource agencies in order to reach consensus on need and purpose, avoidance alternatives, and feasible alternatives. 28. CALTRANS will actively participate in the Project Delivery Team meetings. 29. The PID will be signed on behalf of COMMISSION by a Civil Engineer registered in the State of California. 30. CALTRANS will review and approve the Project Initiation Document (PID) as required by California Government Code, Section 65086.5. 243 Agreement 08-1704 Project No. 0820000006 6 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) CALTRANS will complete a review of the draft PID and provide its comments to COMMISSION within 60 calendar days from the date CALTRANS received the draft PID from COMMISSION. COMMISSION will address the comments provided by CALTRANS. If any interim reviews are requested of CALTRANS by COMMISSION, CALTRANS will complete those reviews within 30 calendar days from the date CALTRANS received the draft PID from COMMISSION. After COMMISSION revises the PID to address all of CALTRANS' comments and submits the revised draft PID and all related attachments and appendices, CALTRANS will complete its revi w and final determination of the revised draft PID within 30 calendar days from the date CALTRANS received the revised draft PID from COMMISSION. Should CALTRANS require supporting data necessary to defend facts or claims cited in the revised draft PID, COMMISSION will provide all available supporting data in a reasonable time so that CALTRANS may conclude its review. The 30 day CALTRANS review period will be stalled during that time and will continue to run after COMMISSION provides the required data. No liability will be assigned to CALTRANS, its officers and employees by COMMISSION under the terms of this AGREEMENT or by third parties by reason of CALTRANS' review and approval of the PID. 244 Agreement 08-1704 Project No. 0820000006 7 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) Additional Provisions Standards 31. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the: • CADD Users Manual • CALTRANS policies and directives • Plans Preparation Manual • Project Development Procedures Manual (PDPM) • Workplan Standards Guide Noncompliant Work 32. CALTRANS retains the right to reject noncompliant WORK. COMMISSION agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System. Qualifications 33. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them. Consultant Selection 34. COMMISSION will invite CALTRANS to participate in the selection of any consultants that participate in the WORK. Encroachment Permits 35. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. COMMISSION, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to COMMISSION, their cont actors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail. 245 Agreement 08-1704 Project No. 0820000006 8 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) 36. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK. Protected Resources 37. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection. Disclosures 38. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.S(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES. PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law. 39. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records. Hazardous Materials 40. If any hazardous materials, pursuant to Health and Safety Code 25260(d), are found within the PROJECT limits, the discovering PARTY will notify all other PARTIES within twenty-four (24) hours of discovery. 41. PARTIES agree to consider alternatives to PROJECT scope and/or alignment, to the extent practicable, in an effort to avoid any known hazardous materials within the proposed PROJECT limits. 42. If hazardous materials are discovered within PROJECT limits, but outside of State Highway System right-of-way, it is the responsibility of COMMISSION in concert with the local agency having land use jurisdiction over the property, and the property owner, to remedy before CALTRANS will acquire or accept title to such property. 246 Agreement 08-1704 Project No. 0820000006 9 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) Claims 43. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY. 44. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim. 45. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT. Accounting and Audits 46. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings. 47. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT. PARTIES will retain all WORK-related records for three (3) years after the final voucher. PARTIES will require that any consultants hired to participate in the WORK will comply with this Article. 247 Agreement 08-1704 Project No. 0820000006 10 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) 48. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and COMMISSION will have access to all WORK-related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit. The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt. Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT. 49. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200. 50. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10. Interruption of Work 51. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-. of-way in a safe and operable condition acceptable to CALTRANS. Penalties. Judgements and Settlements 52. The cost of awards, judgements, or settlements generated by the WORK are to be paid from the funds obligated in this AGREEMENT. 53. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT. 248 Agreement 08-1704 Project No. 0820000006 11 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) GENERAL CONDITIONS Venue 54. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in_ the Superior Court.of the county in which the PROJECT is physically located. Exemptions 55. All CALTRANS' obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC). Indemnification 56. Neither CALTRANS nor any of their officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by COMMISSION, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon COMMISSION under this AGREEMENT. It is understood and agreed that COMMISSION, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by COMMISSION, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 57. Neither COMMISSION nor any of their officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRAN:S, to the extent permitted by law, will defend, indemnify, and save harmless COMMISSION and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 249 Agreement 08-1704 Project No. 0820000006 12 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) Non-parties 58. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law. 59. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT. Ambiguity and Performance 60. COMMISSION will not interpret any ambiguity contained in this AGREEMENT against CALTRANS. COMMISSION waives the provisions of California Civil Code, Section 1654. A waiver of a PARTY's performance under this AGREEMENT will not constitute a continuous waiver of any other provision. 61. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. Defaults 62. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution. Dispute Resolution 63. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of COMMISSION will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues. 250 Agreement 08-1704 Project No. 0820000006 13 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first. PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. 64. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. Prevailing Wage 65. When WORK falls within the Labor Code§ 1720(a)(l) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code§ 1771, PARTIES will conform to the provisions of Labor Code§§ 1720-1815, and all applicable provisions of Califorma Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts. Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements. IfWORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis- Bacon and Related Acts, 40 U.S.C. §§ 3141-3148. When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY' s employees is exempt from federal prevailing wage requirements. 251 Agreement 08-1704 Project No. 0820000006 14 of 14 Project Development Agreement 2017-02-17 (Created July 29, 2019) SIGNATURES PARTIES are empowered by California Streets and Highways Code to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. Signatories may execute this AGREEMENT through individual signature pages provided that each signature is an original. This AGREEMENT is not fully executed until all original signatures are attached. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Michael D. Beauchamp District Director VERIFICATION OF FUNDS AND AUTHORITY: Mary Risaliti District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: Darwin Salmos HQ Accounting Supervisor RIVERSIDE COUNTY TRANSPORTATION COMMISSION Anne Mayer Executive Director Approved as to form and procedure: Best, Best And Krieger Legal Counsel 252 AGREEMENT 08 - 1704 Project No. 0820000006 EA 1L270 08-RIV-91-60-215-various FUNDING SUMMARY NO. 01 FUNDING TABLE Source Party Fund Type PID Totals LOCAL COMMISSION Local 300,000 Totals 300,000 SPENDING SUMMARY Fund Type PID Totals CALTRANS COMMISSION Local 300,000 0 300,000 Totals 300,000 0 300,000 Project Development Agreement 2017-02-17 (Created July 29, 2019) 1 of 4 253 FUNDING SUMMARY No. 01 AGREEMENT 08 - 1704 Project No. 0820000006 Funding 1. Per the State Budget Act of 2012, Chapter 603, amending item 2660-001-0042 of Section 2.00, the cost of any engineering support performed by CALTRANS towards any local government agency-sponsored PID project will only include direct costs. Indirect or overhead costs will not be applied during the developmerit of the PID document. Invoicing and Payment 2. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within. forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, COMMISSION will pay invoices within five (5) calendar days of receipt of invoice. 3. If COMMISSION has received EFT certification from CALTRANS then COMMISSION , will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. 4. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on 'the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT. Proiect Initiation Document (PJD) 5. CALTRANS will invoice and COMMISSION will reimburse for actual costs incurred and paid. Project Development Agreement 2017-02-17 (Created July 29, 2019) 2of4 254 SCOPE SUMMARY WORK ELEMENT CALTRANS COMMISSION N/A 0.100.05.05.xx - Quality Management Plan X 0.100.05.05.xx - Risk Management Plan X 0.100.05.05.xx - Communication Plan X 0.100.05.10.xx - Cooperative Agreement for PA&ED Phase X 0.100.05.10.xx - Independent Quality Assurance (IQA) X 0.100.05.10.xx - Project Development Team Meetings X X 1.150.05.05 - Review of Existing Reports Studies and Mapping X 1.150.05.05.xx - Provision of Existing Reports, Data, Studies, and Mapping X 1.150.05.10 - Geological Hazards Review X 1.150.05.10.xx - Provision of Existing Geological Information X 1.150.05.15 - Utility Search X 1.150.05.15.xx - Provision of Existing Utility Information X 1.150.05.20 - Environmental Constraints Identification X 1.150.05.20.xx - Provision of Environmental Constraints Information X 1.150.05.25 - Traffic Forecasts/Modeling X 1.150.05.25.xx - Provision of Existing Traffic Forecasts/Modeling Information X 1.150.05.30 - Surveys and Maps for PID X 1.150.05.30.xx - Provision of Existing Surveys and Mapping X 1.150.05.35 – Transportation Problem Definition and Site Assessment X 1.150.05.45 - As-Built Centerline and Existing Right of Way X 1.150.05.xx - Provision of Existing District Geotechnical Information X 1.150.10 – Initial Alternatives Development X 1.150.10.05 - Public/Local Agency Input X 1.150.10.15 – Concept Alternatives Development X 1.150.15 – Alternatives Analysis X 1.150.15.05 - Right of Way Data Sheets X 1.150.15.10 - Utility Relocation Requirements Assessment X 1.150.15.15 - Railroad Involvement Determination X 1.150.15.25 - Preliminary Materials Report X 255 WORK ELEMENT CALTRANS COMMISSION N/A 1.150.15.30 – Structures Advance Planning Study (APS) X 1.150.15.35 - Multimodal Review X 1.150.15.40 - Hydraulic Review X 1.150.15.50 - Traffic Studies X 1.150.15.55 - Construction Estimates X 1.150.15.60 – Preliminary Transportation Management Plan X 1.150.20 – Preliminary Environmental Analysis Report (PEAR) X 1.150.20.05 - Initial Noise Study X 1.150.20.10 - Hazardous Waste Initial Site Assessment X 1.150.20.15 - Scenic Resource and Landscape Architecture Review X 1.150.20.20 – Initial NEPA/404 Coordination X 1.150.20.25 – Initial Biology Study X 1.150.20.30 - Initial Records and Literature Search for Cultural Resources X 1.150.20.40 - Initial Community Impact Analysis, Land Use, and Growth Studies X 1.150.20.45 - Initial Air Quality Study Studies X 1.150.20.50 - Initial Water Quality Studies X 1.150.20.60 - Preliminary Environmental Analysis Report Preparation X 1.150.20.65 - Initial Paleontology Study X 1.150.25.05 - Draft PID X 1.150.25.10 – Approved Exceptions to Design Standards X 1.150.25.20 - PID Circulation, Review, and Approval X 1.150.25.25 - Storm Water Data Report X 1.150.25.30.05 – Cost Estimate for Alternatives X 1.150.25.99 – Other PID Products X 1.150.35 - Required Permits During PID Development X 1.150.40 - Permit Identification During PID Development X 1.150.45 - Base Maps and Plan Sheets for PID X 256 AGENDA ITEM 10 Agenda Item 10 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2019 TO: Riverside County Transportation Commission FROM: Future Funding Initiatives Ad Hoc Committee SUBJECT: Transportation Improvement Plan Development Schedule and Process FUTURE FUNDING INITIATIVES AD HOC COMMITTEE RECOMMENDATION: This item is for the Commission to: 1) Approve disbanding the Future Funding Initiatives Ad Hoc Committee (Ad Hoc Committee) and the formation of a new standing committee singularly focused on developing a Countywide Transportation Improvement & Traffic Relief Plan (Plan) and implementation ordinance (Ordinance); 2) Approve the schedule and development process for the Plan and Ordinance; 3) Direct staff to develop the Plan and Ordinance in publicly-noticed Brown Act compliant meetings; and 4) Authorize the Chair to appoint the members of the new committee in consultation with the First Vice Chair and Second Vice Chair. BACKGROUND INFORMATION: On July 10, 2019 the Commission approved the Future Funding Initiatives Ad Hoc Committee’s recommendation to authorize staff to develop a Plan and Ordinance for potential presentation to Riverside County voters in November 2020. The Ad Hoc Committee has discussed and agreed upon recommended next steps to develop a Plan and Ordinance for consideration for final adoption next year. The Ad Hoc Committee’s recommendations to the Commission are as follows: Governance Recommendation: Disband the Ad Hoc Committee and form a new standing committee singularly focused on developing the Plan and Ordinance. The new committee should consist of Commissioners with diverse viewpoints on the new Plan’s contents and the merits of presenting it to the voters. The Chair should solicit interest in serving on the committee from all Commissioners and consult with the First and Second Vice Chairs in making appointments. 257 Agenda Item 10 DISCUSSION: Ad hoc committees fulfill a specific role for a finite period. This Future Funding Initiatives Ad Hoc committee was assigned to make recommendations to the Commission on four policy topics by July 2019. The Ad Hoc Committee fulfilled its charge, and consistent with legal counsel advice, the Ad Hoc Committee recommends it be disbanded. However, developing a Plan and Ordinance is a complex effort that does not fall neatly into the jurisdiction of existing committees of the Commission. Therefore, the Ad Hoc Committee recommends the Chair appoint a new standing committee singularly focused on developing the Plan and Ordinance, in consultation with the First Vice Chair and Second Vice Chair. The Ad Hoc Committee strongly believes that transparency is a cornerstone of how the Commission should develop the Plan. By creating a new standing committee that falls under the purview of the Brown Act to oversee development of the Plan, the public will have access to the information and thought-process used to construct the draft plan that is ultimately released for public comment in early 2020. The Ad Hoc Committee believes that the process the Commission uses must be held to a high standard. A significant level of discussion took place during the most recent Ad Hoc Committee meeting and Commissioners noted significant differences of opinion on a number of important policy items. Given the importance of needing a countywide approach on future transportation priorities, a desire was expressed to seek greater involvement among Commissioners in serving on a new Committee. As one Commissioner noted, dissension is an important part of the democratic process and the Committee should be comprised of members with a variety of views. Although consensus might not be reached, everyone needs to be heard. As a result of that discussion, the Ad Hoc Committee voted to direct the Chair, in consultation with the First and Second Vice Chairs, to appoint a committee that reflects the values of inclusivity and diversity. The Ad Hoc Committee encourages the Chair to solicit interest from all Commissioners in serving on the new committee. Legally, the committee cannot consist of a quorum of the Commission (a quorum is 17 Commissioners). To adhere to the schedule proposed below, the new committee should convene for the first time at the end of September. 258 Agenda Item 10 Schedule Recommendation: Adopt the following high-level milestone schedule for development of the Plan and Ordinance. Milestone Committee Review/Recommendation Commission Review/Approval Vision, Goals, and Objectives September October Plan Structure and Funding Assumptions October November Project and Program Priorities November December Open Public Comment Period for Draft Plan and begin countywide public education and engagement N/A January Conclude Public Comment Period for Draft Plan (after approx. 60 days) N/A March Review Public Comments Received, Direct Amendments to Draft Plan, Review Draft Ordinance March April Review of Final Public Opinion Research, Adopt Final Plan and Ordinance, Submit Adopted Plan and Ordinance to Board of Supervisors to Set Election May June Discussion The Ad Hoc Committee endorses a logical “building blocks” approach to developing the Plan and Ordinance. Through the fall of 2019, the new committee and Commission can establish its vision, goals, and objectives from which all other decisions will flow. Policy direction established at the outset of the process will help define details such as how the Plan will be structured and dollars will be allocated to certain projects, programs, and services. Following an approximately 60 day public comment period as proposed below, the Commission will have the opportunity to reevaluate the Plan, begin drafting an implementation ordinance, and conduct one more round of public opinion research to gauge whether the ultimate Plan should be submitted to voters for consideration. According to the California Elections Code, the Registrar of Voters must receive a resolution calling for an election from the Board of Supervisors no later than August 6, 2020. The schedule above provides sufficient time for the Commission to conduct a public vetting of the Plan and Ordinance and submit a final product to the Board of Supervisors to meet this deadline. 259 Agenda Item 10 Independent of whether the Plan and Ordinance are submitted to voters, and whether voters approve them, the Plan will still have utility and benefit to the public and the Commission in the form of a thoroughly-vetted roadmap for the county’s future transportation system. Transparency and Accessibility Recommendation: Development of the Plan and Ordinance should occur in Brown Act compliant meetings that include opportunities for the public to comment on and witness deliberations and decisions by the Commission. Extensive public engagement will occur regarding the Plan and Ordinance. Discussion Riverside County is geographically large, has a diverse population, and contains many constituencies who will be interested in the Plan and Ordinance. The ultimate product of this effort will benefit from input from these constituencies. Therefore, committing to transparency and accessibility from the outset will assist the Commission achieving the best possible Plan. Examples of recommended measures include, but are not limited to: • Committee agendas will be posted on the RCTC.org website and other legally required locations at least 72 hours in advance of meetings. All meetings will be conducted in compliance with the Brown Act. • The Committee will meet in the Board of Supervisors chambers and possibly in eastern Riverside County on occasion so members of the public from throughout the county can listen to the Committee’s proceedings and provide comments to the Committee. • When practical, Committee meetings will be webcast and/or video recorded and the videos will be posted on the RCTC.org website. • The Clerk of the Board will maintain minutes of Committee meetings, and the minutes will be approved by the Committee and posted on RCTC.org. • Documents and information relevant to development of the Plan and Ordinance will be posted online. • The Committee will strive to meet in diverse locations throughout Riverside County. • Spanish translations will be provided to the greatest extent practical and upon request. • Meetings will occur in locations that are Americans with Disabilities Act (ADA) compliant, documents posted online will be ADA-friendly, and the Commission will reasonably accommodate individuals with disabilities who wish to participate. • Committee actions will be forwarded to the full Commission for final action in Brown Act- compliant meetings. • Opportunities for public input outside of normal business hours will be provided through a variety of means, such as telephone town halls, evening workshops, community event booths, social media posts, and webcasts. 260