Loading...
02 February 27, 2020 TPOC Comments are welcomed by the Commission. If you wish to provide comments to the Commission, please complete and submit a Speaker Card to the Clerk of the Board. MEETING AGENDA Toll Policy and Operations Committee Time: 11:00 a.m. Date: February 27, 2020 Location: Riverside County Transportation Commission County of Riverside Administration Center 4080 Lemon St, Third Floor, Riverside CA 92501 COMMITTEE MEMBERS Brian Berkson, Chair / Chris Barajas, City of Jurupa Valley Lloyd White, Vice Chair/ Julio Martinez, City of Beaumont Larry Smith / Linda Molina, City of Calimesa Clint Lorimore / Todd Rigby, City of Eastvale Dana Reed / Kimberly Muzik, City of Indian Wells Michael M. Vargas / Rita Rogers, City of Perris Ben J. Benoit / Joseph Morabito, City of Wildomar STAFF Anne Mayer, Executive Director Michael Blomquist, Toll Program Director AREAS OF RESPONSIBILITY Policies involving the Commission’s Toll Facilities Setting Tolls or Rates Considering Contracts with Vendors Working on the Toll Program Statewide and Federal Legislative Issues Regarding Tolling Outreach and Marketing of the Toll Facilities Interactions with Neighboring Jurisdictions Regarding Toll Matters User-Based Funding Programs and Future Opportunities for Toll Facility Development in Riverside County RIVERSIDE COUNTY TRANSPORTATION COMMISSION TOLL POLICY AND OPERATIONS COMMITTEE www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 11:00 a.m. Thursday, February 27, 2020 March Field Conference Room County of Riverside Administrative Center 4080 Lemon Street, Third Floor Riverside, California In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission’s website, www.rctc.org. In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is needed to participate in a Commission meeting, including accessibility and translation services. Assistance is provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements can be made to provide assistance at the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes or less. The Committee may, either at the direction of the Chair or by majority vote of the Committee, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. Also, the Committee may terminate public comments if such comments become repetitious. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Committee shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Under the Brown Act, the Board should not take action on or discuss matters raised during public comment portion of the agenda which are not listed on the agenda. Board members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. Toll Policy and Operations Committee February 27, 2020 Page 2 5. APPROVAL OF MINUTES – AUGUST 22, 2019 6. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Committee subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the Committee members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) 7. 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. Page 1 7A. 91 EXPRESS LANES MONTHLY STATUS REPORTS Overview This item is for the Committee to: 1) Receive and file the 91 Express Lanes Monthly Reports for the six months from July to December 2019; and 2) Forward to the Commission for final action. 8. CALTRANS MAINTENANCE AMENDMENT FOR RCTC 91 EXPRESS LANES AND 15 EXPRESS LANES Page 130 Overview This item is for the Committee to 1) Approve Agreement No. 17-31-021-03, Amendment to No. 3 to Agreement No. 17-31-021-00, with the California Department of Transportation (Caltrans) for roadway maintenance of the RCTC 91 Express lanes and 15 Express Lanes in an amount not to exceed $400,000 for FY 2020/21; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreement on behalf of the Commission; and 3) Forward to the Commission for final action. 9. 6C TOLL TRANSPONDER TRANSITION UPDATE Page 140 Overview This item is for the Committee to receive and file a presentation on the status of the 6C toll transponder transition. Toll Policy and Operations Committee February 27, 2020 Page 3 10. 91 EXPRESS LANES HOV3 TRAFFIC COUNTS Page 141 Overview This item is for the Committee to receive and file a presentation providing the results of the traffic counts performed on the 91 Express Lanes dedicated high occupancy vehicle (HOV)3+ lane. 11. AGREEMENT WITH SELECTED CONSULTANTS FOR ON-CALL TRAFFIC AND REVENUE STUDY SERVICES Page 142 Overview This item is for the Committee to: 1) Award the following agreements to provide on-call traffic and revenue study services for a five-year term in the amount of $3.9 million, plus a contingency amount of $195,000, for a total amount not to exceed $4,095,000: a) Agreement No. 20-31-019-00 to C&M Associates, Inc. (C&M Associates); b) Agreement No. 20-31-051-00 to CDM Smith, Inc. (CDM Smith); and c) Agreement No. 20-31-052-00 to Stantec Consulting Services, Inc. (Stantec); 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreements on behalf of the Commission; 3) Authorize the Executive Director or designee to execute task orders awarded to the consultants under the terms of agreements; 4) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the task order services; and 5) Forward to the Commission for final action. 12. COMMISSIONERS / STAFF REPORT Overview This item provides the opportunity for the Commissioners and staff to report on attended and upcoming meeting/conferences and issues related to Commission activities. 13. ADJOURNMENT The next Toll Policy and Operations Committee meeting is scheduled to be held at 11:00 a.m., Thursday, May 28, 2020, March Field, Third Floor, County Administrative Center, 4080 Lemon Street, Riverside. AGENDA ITEM 5 MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION TOLL POLICY AND OPERATIONS COMMITTEE Thursday, August 22, 2019 MINUTES 1. CALL TO ORDER The meeting of the Toll Policy and Operations Committee was called to order by Chair Brian Berkson at 11:00 a.m., in the March Field Conference Room at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. 2. ROLL CALL Members/Alternates Present Members Absent Ben J. Benoit Brian Berkson Victoria Baca Dana Reed Clint Lorimore Larry Smith Michael M. Vargas Lloyd White 3. PLEDGE OF ALLEGIANCE Commissioner Ben J. Benoit led the Committee in a flag salute. 4. PUBLIC COMMENTS There were no requests to speak from the public. 5. APPROVAL OF MINUTES – FEBRUARY 28, 2019 AND MAY 23, 2019 M/S/C (Smith/Lorimore) to approve the Minutes of May 23, 2019. M/S/C (Smith/Benoit) to approve the Minutes of February 28, 2019 with a correction of Commissioner Hyatt being referred to as Commissioner Smith. 6. ADDITIONS / REVISIONS RCTC Toll Policy and Operations Committee Minutes August 22, 2019 Page 2 There were no additions or revisions to the agenda. 7. CONSENT CALENDAR M/S/C (Vargas/Benoit) to approve the Consent Calendar. 7A. 91 EXPRESS LANES MONTHLY STATUS REPORTS 1) Receive and file the 91 Express Lanes Monthly Reports for the quarter ended June 30, 2019; and 2) Forward to the Commission for final action. 8. TOLL OPERATIONS YEAR-IN-REVIEW AND FISCAL YEAR 2018-2019 OPERATING RESULTS Michael Blomquist, Toll Program Director, presented an overview of toll operation activities including an upgrade to the bond rating, a new location for the customer service center, a transition to a new 6C transponder technology, and a new RFP issued for the operating contract. He also detailed toll operations results for fiscal yea 2018-19 including usage, volume, revenue generated, peak periods of travel, and new accounts opened. Mr. Blomquist concluded his presentation with a look forward at the future 15 Express Lanes. Commissioner Smith asked how customers should dispose of old transponders, Jennifer Crosson, Toll Operations Manager, stated customers will be provided to customers on how to return the transponders or how to properly dispose of them. Commissioner Berkson discussed the importance of keeping the switchable transponders. Commissioner Smith asked about the disparity between new account growth versus revenue growth. Mr. Blomquist stated the economy is currently good and demand for lanes increases rates. Commissioner Berkson about the notification that the transponder is working or not working, if there is not a beep. Reinland Jones, Toll Technology Manager, stated the new 6C technology does not have a battery or any moving parts so there is no beeping, however there is a system in place to notify customers if they have documented trips and the transponder did not register as they anticipate this happening during the transition to the new technology. RCTC Toll Policy and Operations Committee Minutes August 22, 2019 Page 3 Commissioner Benoit stated he is still utilizing his old transponder, yet it has stopped beeping. Jennifer Crosson stated the beeping has ceased across the board. Ms. Crosson discussed the process for transitions to the new technology with the multiple agencies rolling out the new technology at different times. Receive and file a presentation providing a review of results from the latest fiscal year of toll operations. 9. AMENDMENT TO THE 91 EXPRESS LANES OPERATOR AGREMENT Jennifer Crosson, Toll Operations Manager, presented an overview of the Orange County, Riverside County, Cofiroute Operating Agreement (ORCOA) which terminates June 30, 2021, with no extension options remaining. The scope of work includes providing account management, filling transponder orders, operating call center, operating walk-in center, and processing toll violations. In 2018, OCTA and RCTC began to work together on the process of securing a new toll services provider. In June of 2019 the RFP was released and proposals are currently under evaluation. Both OCTA and RCTC seek to award the contract in November of 2019 with Notice to Proceed issued in January of 2020. This provides 18 months to transition to the new toll services provider, which is a relatively short time frame for implementation of a back-office system and transition to a new operator. During the 18 moths, the following will have to occur: develop documentation, system design, system testing, data migration, systems implementations, facility modification, and staff hiring and training. As a contingency plan, staff worked with OCTA and Cofiroute to negotiate a six-month extension to the current ORCOA should the transition to the new provider not be on schedule for June 30, 2021. Staff is asking for the approval of the six-month extension, with an emphasis that the extension is a Plan B to ensure service is not interrupted and only has to be utilized should the deadline not be met. Commissioner Vargas asked if RCTC is happy with the current vendor. Mr. Blomquist stated the agency is happy with the current vendor and they are competing in the current process. Commissioner Lorimore asked about the CPI portion of the amendment. Mr. Blomquist clarified they bounded the CPI between 3 percent – 5 percent. Executive Director Anne Mayer discussed competition, noting when the lanes were originally opened there was few companies who could provide this service, however with the opening of additional lanes has created opportunities for other companies to come to California and compete. She noted competition can bring new technologies, greater efficiencies, and cost savings. RCTC Toll Policy and Operations Committee Minutes August 22, 2019 Page 4 M/S/C (Benoit/Vargas) 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; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the amendment on behalf of the Commission; and 3) Forward to the Commission for final action. 10. RCTC EXPRESS LANES POLICY This item is for the Committee to: 1) Approve Resolution 19-016, “Amended and Restated Resolution of the Riverside County Transportation Commission Regarding the RCTC 91 Express Lane Toll Policy” and 2) Forward to the Commission to conduct a public hearing at its September meeting. Jennifer Crosson provided an overview of the current toll policy, which was originally adopted in 2012 and was based on existing OCTA policy and consisted of congestion pricing, hourly toll rated by direction, rates based on two lane volumes, and included HOV3+ and special access account holders free. In 2018, the Commission approved a change to the policy which provided for toll rate setting based on single lane volumes. As discussed in the past, not all vehicles receiving the discount are complying with the 3+ occupancy rule and believe the 100 percent discount in combination with the high toll rate in the westbound direction incentivizes customers to cheat. Staff is currently in the process of jointly contracting a consultant to preform compliance counts at all toll plazas with the HOV3 lane with the intent to obtain a count prior to a change in the carpool discount and another count after. Staff is seeking a change to the carpool discount for the following reasons: to create a more consistent application of the carpool discount in both directions, to decrease the carpool violation rate, and to increase effectiveness of congestion pricing to manage traffic. Together with OCTA and toll consultants staff underwent an evaluation of the carpool discount policy possibilities by developing policy guidelines, analyzing traffic data, and examining the impact on the 91 Express Lanes traffic and revenue. Staff came to an agreement with OCTA as to the best option and both RCTC and OCTA are seeking their respective boards approval. RCTC Toll Policy and Operations Committee Minutes August 22, 2019 Page 5 Ms. Crosson introduced Sheldon Mar, from Stantec Consulting who presented the proposed policy. Mr. Mar detailed the proposed policy’s carpool discount guidelines: vehicles eligible for discount to remain the same, OCTA and RCTC adopt the same carpool discount policy, volume based mechanism to determine when carpool discounts apply, continue to offer 50 percent carpool discount, carpool discount reviewed annually, and a mechanism to “undo” the reduced carpool discount. Mr. Mar also detailed the possible impacts to traffic and revenue, which included a reduction of the HOV3+ volumes and overall express lane demand, an opportunity for toll rate reductions, and little impact to RCTC 91 Express Lanes revenue. Commissioner Vargas questioned how the customers know about the current discounts, and Mr. Blomquist stated it is not a posted, live discount that commuters see on a sign. Commissioner Benoit expressed the 50 percent discount statement can be misleading as they are currently free, and they are going to now have a 50 percent charge. Commissioner Lorimore stated the word discount is more palatable but Commissioner Benoit stated being truthful is more important. Commissioner Lorimore stated people are doing what is being asked of them – carpooling and getting more cars off the road. He stated this mat disincentivize carpoolers and questioned what the ultimate goal is: to keep cars off the road or just off the toll roads. Commissioner Berkson stated the separation from OCTA is confusing to the customers and both segments should be consistent. He stated the fundamental of toll lanes is moving traffic at an expense and that expense was the removal of the HOV lane, however now the proposed policy removes the HOV lane and is also charging. Ms. Mayer thanked the Commissioners for their participation on this committee as the work is very important from a policy standpoint. She discussed cheating, and the data does not match what we know to be true about carpool use. She stated those who are not truly carpooling but are using the HOV3+ lane for free are driving up the toll rates for the people who are doing the right thing. Commissioner Berkson discussed the possibility of CHP deterrents, as people are less likely to cheat when they see a CHP. Ms. Crosson stated conversations are on-going with the CHP and noted there is a safety issue involved in where the cars are stationed. She noted staff is working on getting a count on those who are utilizing the 3+ lanes. Commissioner White questioned whether this was enough of a deterrent not to cheat, as the cheaters would still be getting a discount and not paying the full fare. Commissioner Vargas asked if the agency has the authority to revoke, and Commissioner Berkson stated we currently do not have the technology to prove they were cheating. RCTC Toll Policy and Operations Committee Minutes August 22, 2019 Page 6 Commissioner Smith questioned how the effectiveness will be measured. Ms. Mayer stated if the statistics change for the HOV3+ lanes then that will show there were a significant amount of cheaters. Commissioner Benoit stated residents are also concerned about HOV lanes being removed and the addition of this proposed policy will not be well-received. He suggested trying different deterrents such as additional cameras and signage. Commissioner Berkson concurred with Commissioner Benoit and suggested holding off on this item at least until the counts come in. Ms. Mayer stated what she heard from Commissioners is this item should be put on hold while staff works more with the CHP partnership and explores legal and technical deterrents prior to bringing this item back. Commissioner White asked if revocation can be used as a deterrent, Ms. Mayer said staff would investigate that. No motion was made on this item. 11. COMMISSIOERS / STAFF REPORT None 12. ADJOURNMENT There being no further business for consideration by the Toll Policy and Operations Committee, the meeting was adjourned at 12:13 p.m. Respectfully submitted, Lisa Mobley Clerk of the Board AGENDA ITEM 7A Agenda Item 7A RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 27, 2020 TO: Toll Policy and Operations Committee FROM: Jennifer Crosson, Toll Operations Manager THROUGH: Michael Blomquist, Toll Program Director SUBJECT: 91 Express Lanes Monthly Status Reports STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the 91 Express Lanes Monthly Reports for the six months from July to December 2019; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: The monthly 91 Express Lanes reports for the six months from July to December 2019 are attached. 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 July 2019 2) 91 Express Lanes Status Report for August 2019 3) 91 Express Lanes Status Report for September 2019 4) 91 Express Lanes Status Report for October 2019 5) 91 Express Lanes Status Report for November 2019 6) 91 Express Lanes Status Report for December 2019 1 Orange County Transportation Authority Riverside County Transportation Commission Status Report July 2019 As of July 31, 2019 ATTACHMENT 1 2 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 3 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATISTICS FOR OCTA Total traffic volume on the OCTA 91 Express Lanes for July 2019 was 1,545,862. This represents a daily average of 49,867. This is a 4.3% increase in total traffic volume from the same period last year, which totaled 1,482,792. Potential toll revenue for the month was $4,438,931, which represents an increase of 3.4% from the prior year’s total of $4,293,822. Carpool percentage for the month was 28.68% as compared to the previous year’s rate of 27.86%. 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 July 2019. Current Month-to-Date (MTD) as of July 31, 2019 Trips Jul-19 MTD Actual Jul-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,102,555 1,069,688 3.1% 3+ Lanes 443,307 413,104 7.3% Total Gross Trips 1,545,862 1,482,792 4.3% Revenue Full Toll Lanes $4,362,568 $4,214,894 3.5% 3+ Lanes $76,363 $78,927 (3.2%) Total Gross Revenue $4,438,931 $4,293,822 3.4% Average Revenue per Trip Average Full Toll Lanes $3.96 $3.94 0.5% Average 3+ Lanes $0.17 $0.19 (10.5%) Average Gross Revenue $2.87 $2.90 (1.0%) 4 4 The 2020 fiscal year-to-date traffic volume increased by 4.3% and potential toll revenue increased by 3.4%, when compared with the same period last year. Year-to-date average revenue per-trip is $2.87. 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 of July 2019. FY 2019-20 Year to Date as of July 31, 2019 Trips FY 2019-20 YTD Actual FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,102,555 1,069,688 3.1% 3+ Lanes 443,307 413,104 7.3% Total Gross Trips 1,545,862 1,482,792 4.3% Revenue Full Toll Lanes $4,362,568 $4,214,894 3.5% 3+ Lanes $76,363 $78,927 (3.2%) Total Gross Revenue $4,438,931 $4,293,822 3.4% Average Revenue per Trip Average Full Toll Lanes $3.96 $3.94 0.5% Average 3+ Lanes $0.17 $0.19 (10.5%) Average Gross Revenue $2.87 $2.90 (1.0%) 5 5 O CTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. 1,102,555 443,307 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-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Volume Month FY 2019-20 Traffic Volume Overview Full Toll Lanes 3+ Lanes $4,362,568 $76,363 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Revenue Month FY 2019-20 Revenue Summary Full Toll Lanes 3+ Lanes 6 6 Peak traffic hour in the eastbound direction reached or exceeded 90% or more of defined capacity 14 times during the month of July 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 $5.15 526 2,600 76%$5.15 576 3,007 88%$7.10 613 3,081 91%$4.25 367 945 28%$4.95 648 2,326 68% 1500 - 1600 $5.50 694 2,965 87%$5.75 722 2,774 82%$9.15 754 2,867 84%$4.25 344 840 25%$4.95 540 2,012 59% 1600 - 1700 $5.35 447 2,306 68%$5.50 524 2,907 86%$8.95 481 2,667 78%$4.25 259 631 19%$4.95 450 1,824 54% 1700 - 1800 $5.30 607 3,102 91%$5.40 583 2,875 85%$7.05 602 2,772 82%$4.25 249 589 17%$4.95 546 1,697 50% 1800 - 1900 $5.50 753 2,911 86%$3.95 702 2,933 86%$6.55 731 2,770 81%$4.25 265 620 18%$4.95 469 1,338 39% 1900 - 2000 $3.85 579 1,995 59%$3.85 631 2,431 72%$6.05 609 2,037 60%$4.25 327 663 20%$4.95 327 810 24% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.15 481 2,501 74%$5.15 543 2,799 82%$5.15 541 2,922 86%$6.70 655 3,204 94%$7.10 673 3,208 94% 1500 - 1600 $5.50 721 3,046 90%$5.75 660 2,443 72%$7.75 773 2,908 86%$6.75 740 2,992 88%$9.15 742 2,588 76% 1600 - 1700 $5.35 493 2,762 81%$5.50 501 2,840 84%$7.50 490 2,741 81%$8.30 580 2,828 83%$8.95 521 2,675 79% 1700 - 1800 $5.30 594 3,123 92%$5.40 557 2,821 83%$6.40 559 2,841 84%$8.70 583 2,709 80%$7.05 586 2,800 82% 1800 - 1900 $5.50 537 2,382 70%$3.95 690 2,964 87%$3.95 666 2,937 86%$4.85 641 2,940 86%$6.55 666 2,562 75% 1900 - 2000 $3.85 553 2,161 64%$3.85 623 2,373 70%$3.85 645 2,492 73%$5.60 679 2,732 80%$6.05 642 2,160 64% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.15 539 2,607 77%$5.15 560 2,861 84%$5.15 614 2,949 87%$6.70 578 3,121 92%$7.10 688 3,205 94% 1500 - 1600 $5.50 693 2,947 87%$5.75 695 2,792 82%$7.75 705 2,864 84%$6.75 744 3,092 91%$9.15 686 2,478 73% 1600 - 1700 $5.35 540 2,953 87%$5.50 479 2,650 78%$7.50 509 2,768 81%$8.30 609 2,943 87%$8.95 519 2,756 81% 1700 - 1800 $5.30 580 2,966 87%$5.40 571 2,935 86%$6.40 510 2,791 82%$8.70 574 2,662 78%$7.05 604 2,848 84% 1800 - 1900 $5.50 680 2,688 79%$3.95 710 3,010 89%$3.95 686 3,136 92%$4.85 672 2,981 88%$6.55 401 1,548 46% 1900 - 2000 $3.85 484 1,759 52%$3.85 646 2,413 71%$3.85 695 2,386 70%$5.60 654 2,255 66%$6.05 706 2,260 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 $5.15 583 2,664 78%$5.15 578 3,001 88%$5.15 604 3,032 89%$6.70 557 2,974 87%$7.10 710 3,119 92% 1500 - 1600 $5.50 680 2,885 85%$5.75 694 2,654 78%$7.75 707 2,840 84%$6.75 685 2,943 87%$9.15 776 2,698 79% 1600 - 1700 $5.35 508 2,764 81%$5.50 519 2,953 87%$7.50 474 2,757 81%$8.30 566 2,889 85%$8.95 548 2,768 81% 1700 - 1800 $5.30 568 2,913 86%$5.40 582 2,946 87%$6.40 576 3,014 89%$8.70 551 2,608 77%$7.05 615 2,878 85% 1800 - 1900 $5.50 675 2,559 75%$3.95 621 2,844 84%$3.95 632 2,850 84%$4.85 705 2,964 87%$6.55 574 2,208 65% 1900 - 2000 $3.85 530 1,955 58%$3.85 592 2,322 68%$3.85 759 2,631 77%$5.60 623 2,377 70%$6.05 623 2,124 62% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.15 562 2,696 79%$5.15 581 2,933 86%$5.15 597 3,020 89% 1500 - 1600 $5.50 659 2,845 84%$5.75 701 2,725 80%$7.75 722 2,902 85% 1600 - 1700 $5.35 509 2,760 81%$5.50 478 2,795 82%$7.50 566 2,811 83% 1700 - 1800 $5.30 587 3,080 91%$5.40 597 3,121 92%$6.40 566 2,963 87% 1800 - 1900 $5.50 638 2,666 78%$3.95 658 2,838 83%$3.95 643 3,052 90% 1900 - 2000 $3.85 508 1,837 54%$3.85 617 2,261 67%$3.85 717 2,607 77% Monday 07/01/19 Tuesday 07/02/19 Wednesday 07/03/19 Thursday 07/04/19 Friday 07/05/19 Monday 07/08/19 Tuesday 07/09/19 Wednesday 07/10/19 Thursday 07/11/19 Friday 07/12/19 Monday 07/15/19 Tuesday 07/16/19 Wednesday 07/17/19 Thursday 07/18/19 Friday 07/19/19 Monday 07/22/19 Tuesday 07/23/19 Wednesday 07/24/19 Thursday 07/25/19 Friday 07/26/19 Monday 07/29/19 Tuesday 07/30/19 Wednesday 07/31/19 Thursday 08/01/19 Friday 08/02/19 7 7 OCTA W ESTBOUND PEAK -HOUR VOLUMES AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.05 880 2,539 75%$3.05 901 2,526 74%$3.05 863 2,433 72%$1.70 89 196 6%$1.70 258 663 20% 0500 - 0600 $4.95 947 2,773 82%$4.95 1009 2,701 79%$4.70 900 2,327 68%$1.70 133 299 9%$1.70 338 969 29% 0600 - 0700 $5.15 614 1,837 54%$5.15 587 1,980 58%$4.95 631 2,121 62%$1.70 111 289 9%$2.50 310 964 28% 0700 - 0800 $5.65 415 1,655 49%$5.65 487 2,035 60%$5.50 465 1,910 56%$1.70 164 410 12%$3.05 270 1,030 30% 0800 - 0900 $5.15 469 2,193 65%$5.15 405 2,068 61%$4.95 402 1,901 56%$2.50 254 589 17%$3.05 279 1,064 31% 0900 - 1000 $4.10 472 2,181 64%$4.10 497 2,188 64%$4.10 420 1,933 57%$4.25 345 773 23%$3.85 423 1,295 38% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.05 712 1,996 59%$3.05 873 2,611 77%$3.05 943 2,640 78%$3.05 891 2,497 73%$3.05 774 2,060 61% 0500 - 0600 $4.95 920 2,557 75%$4.95 1010 2,698 79%$4.95 903 2,515 74%$4.95 847 2,383 70%$4.70 768 2,267 67% 0600 - 0700 $5.15 641 2,160 64%$5.15 565 1,970 58%$5.15 638 2,202 65%$5.15 627 2,071 61%$4.95 572 2,005 59% 0700 - 0800 $5.65 439 1,793 53%$5.65 531 2,085 61%$5.65 501 1,990 59%$5.65 541 2,130 63%$5.50 481 1,840 54% 0800 - 0900 $5.15 373 1,927 57%$5.15 413 2,028 60%$5.15 377 1,977 58%$5.15 452 2,156 63%$4.95 445 1,950 57% 0900 - 1000 $4.10 418 1,899 56%$4.10 442 2,104 62%$4.10 479 2,285 67%$4.10 459 2,348 69%$4.10 470 1,986 58% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.05 840 2,554 75%$3.05 863 2,362 69%$3.05 911 2,571 76%$3.05 869 2,492 73%$3.05 747 2,074 61% 0500 - 0600 $4.95 894 2,596 76%$4.95 951 2,606 77%$4.95 901 2,513 74%$4.95 926 2,503 74%$4.70 810 2,360 69% 0600 - 0700 $5.15 532 2,012 59%$5.15 566 1,961 58%$5.15 655 2,151 63%$5.15 599 2,089 61%$4.95 565 1,997 59% 0700 - 0800 $5.65 402 1,874 55%$5.65 538 2,159 64%$5.65 479 1,970 58%$5.65 492 2,007 59%$5.50 465 1,887 56% 0800 - 0900 $5.15 358 1,842 54%$5.15 416 2,095 62%$5.15 408 2,025 60%$5.15 410 1,962 58%$4.95 403 1,796 53% 0900 - 1000 $4.10 408 2,063 61%$4.10 438 2,142 63%$4.10 465 2,196 65%$4.10 500 2,153 63%$4.10 424 1,822 54% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.05 899 2,565 75%$3.05 885 2,508 74%$3.05 853 2,529 74%$3.05 862 2,377 70%$3.05 761 1,992 59% 0500 - 0600 $4.95 907 2,565 75%$4.95 953 2,794 82%$4.95 900 2,464 72%$4.95 864 2,433 72%$4.70 789 2,308 68% 0600 - 0700 $5.15 569 2,002 59%$5.15 542 1,962 58%$5.15 603 2,079 61%$5.15 639 2,215 65%$4.95 584 2,010 59% 0700 - 0800 $5.65 468 1,950 57%$5.65 504 2,096 62%$5.65 506 2,053 60%$5.65 461 2,054 60%$5.50 457 1,867 55% 0800 - 0900 $5.15 389 1,952 57%$5.15 395 2,094 62%$5.15 430 2,149 63%$5.15 407 2,022 59%$4.95 413 1,961 58% 0900 - 1000 $4.10 440 1,954 57%$4.10 476 2,223 65%$4.10 460 2,147 63%$4.10 444 2,031 60%$4.10 498 2,108 62% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.05 857 2,528 74%$3.05 857 2,473 73%$3.05 860 2,556 75% 0500 - 0600 $4.95 888 2,553 75%$4.95 994 2,727 80%$4.95 925 2,505 74% 0600 - 0700 $5.15 538 1,930 57%$5.15 554 1,996 59%$5.15 639 2,170 64% 0700 - 0800 $5.65 460 1,919 56%$5.65 472 2,056 60%$5.65 478 2,075 61% 0800 - 0900 $5.15 382 1,930 57%$5.15 418 2,099 62%$5.15 453 2,144 63% 0900 - 1000 $4.10 442 2,011 59%$4.10 507 2,261 67%$4.10 499 2,351 69% Monday 07/01/19 Tuesday 07/02/19 Wednesday 07/03/19 Thursday 07/04/19 Friday 07/05/19 Monday 07/08/19 Tuesday 07/09/19 Wednesday 07/10/19 Thursday 07/11/19 Friday 07/12/19 Monday 07/15/19 Tuesday 07/16/19 Wednesday 07/17/19 Monday 07/22/19 Tuesday 07/23/19 Wednesday 07/24/19 Friday 07/26/19 Thursday 07/18/19 Friday 07/19/19 Monday 07/29/19 Tuesday 07/30/19 Wednesday 07/31/19 Thursday 08/01/19 Friday 08/02/19 Thursday 07/25/19 8 8 OCTA OPERATIONAL HIGHLIGHTS On-road Operations OCTA Customer Assistance Specialists (CAS) responded to 106 calls during the month of July. Of those calls, 91 were to assist disabled vehicles and 8 calls to remove debris. The CAS provided assistance to 7 accidents in the Express Lanes with 3 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. OCTA’s lane system equipment at the gantries will be replaced by October 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. 9 9 FINANCIAL HIGHLIGHTS OCTA 10 10 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the RCTC 91 Express Lanes for July 2019 was 1,315,090. This represents a daily average of 42,422. This is a 2.5% increase in total traffic volume from the same period last year, which totaled 1,283,491. Potential toll revenue for the month was $5,257,301, which represents an increase of 17.1% from the prior year’s total of $4,489,258. Carpool percentage for the month was 26.96% as compared to the previous year’s rate of 25.34%. 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 July 2019. Current Month-to-Date (MTD) as of July 31, 2019 Trips JUL-19 MTD Actual Stantec MTD Projected # Variance % Variance JUL-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 960,601 995,771 (35,170)(3.5%)958,212 0.2% 3+ Lanes 354,489 333,957 20,532 6.1% 325,279 9.0% Total Gross Trips 1,315,090 1,329,729 (14,639)(1.1%)1,283,491 2.5% Revenue Full Toll Lanes $5,213,968 $3,879,014 $1,334,954 34.4% $4,450,594 17.2% 3+ Lanes $43,333 $0 $43,333 $38,664 12.1% Total Gross Revenue $5,257,301 $3,879,014 $1,378,287 35.5% $4,489,258 17.1% Average Revenue per Trip Average Full Toll Lanes $5.43 $3.90 $1.53 39.2% $4.64 17.0% Average 3+ Lanes $0.12 $0.00 $0.12 $0.12 0.0% Average Gross Revenue $4.00 $2.92 $1.08 37.0% $3.50 14.3% 11 11 The 2020 fiscal year-to-date (YTD) traffic volume is 2.5% higher when compared with the same period last year. The 2020 fiscal year-to-date revenue is 17.1% 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 $4.00. 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 of July 2019. FY 2019-20 Year to Date as of July 31, 2019 Trips FY 2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 960,601 995,771 (35,170)(3.5%)958,212 0.2% 3+ Lanes 354,489 333,957 20,532 6.1%325,279 9.0% Total Gross Trips 1,315,090 1,329,729 (14,639)(1.1%)1,283,491 2.5% Revenue Full Toll Lanes $5,213,968 $3,879,014 $1,334,954 34.4%$4,450,594 17.2% 3+ Lanes $43,333 $0 $43,333 $38,664 12.1% Total Gross Revenue $5,257,301 $3,879,014 $1,378,287 35.5%$4,489,258 17.1% Average Revenue per Trip Average Full Toll Lanes $5.43 $3.90 $1.53 39.2%$4.64 17.0% Average 3+ Lanes $0.12 $0.00 $0.12 $0.12 0.0% Average Gross Revenue $4.00 $2.92 $1.08 37.0%$3.50 14.3% 12 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. 960,601 354,489 0 175,000 350,000 525,000 700,000 875,000 1,050,000 1,225,000 1,400,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Volume Month FY 2019-20 Traffic Volume Overview Full Toll Lanes 3+ Lanes $5,213,968 $43,333 $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-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Revenue Month FY 2019-20 Revenue Summary Full Toll Lanes 3+ Lanes 13 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. Toll rates were adjusted once in July 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. 14 14 RCTC E ASTBOUND PEAK -HOUR VOLUMES 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 $5.30 310 1,028 1,338 F $6.95 315 999 1,314 F $19.65 391 965 1,356 F $2.25 172 275 447 B $2.25 361 799 1,160 D 1500 - 1600 $8.00 371 892 1,263 E $6.95 384 953 1,337 F $19.35 411 921 1,332 F $1.55 165 260 425 B $2.25 259 742 1,001 D 1600 - 1700 $5.30 238 792 1,030 D $5.30 271 916 1,187 D $11.10 260 854 1,114 D $1.55 118 166 284 A $2.25 234 670 904 C 1700 - 1800 $5.30 271 903 1,174 D $5.30 260 833 1,093 D $6.95 320 920 1,240 E $1.55 116 171 287 A $2.25 270 509 779 B 1800 - 1900 $5.30 360 743 1,103 D $5.30 363 823 1,186 D $6.95 386 809 1,195 D $1.55 112 156 268 A $2.25 208 375 583 B 1900 - 2000 $2.25 269 604 873 C $4.20 302 745 1,047 D $5.30 322 715 1,037 D $1.55 134 162 296 A $1.55 157 226 383 A 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 $5.30 270 833 1,103 D $6.95 299 900 1,199 D $7.95 296 990 1,286 E $10.50 338 1,019 1,357 F $19.65 371 1,045 1,416 F 1500 - 1600 $8.00 387 844 1,231 E $6.95 404 784 1,188 D $8.85 567 1,253 1,820 F $12.00 413 847 1,260 E $19.35 378 732 1,110 D 1600 - 1700 $5.30 247 869 1,116 D $5.30 258 934 1,192 D $5.30 271 831 1,102 D $8.15 299 898 1,197 D $11.10 261 840 1,101 D 1700 - 1800 $5.30 256 647 903 C $5.30 278 826 1,104 D $5.30 269 872 1,141 D $5.30 278 848 1,126 D $6.95 314 865 1,179 D 1800 - 1900 $5.30 209 425 634 B $5.30 322 796 1,118 D $5.30 312 795 1,107 D $5.30 305 821 1,126 D $6.95 333 755 1,088 D 1900 - 2000 $2.25 271 745 1,016 D $4.20 309 741 1,050 D $4.20 300 746 1,046 D $5.30 318 840 1,158 D $5.30 354 676 1,030 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 $5.30 302 983 1,285 E $6.95 291 953 1,244 E $7.95 322 994 1,316 F $10.50 313 1,118 1,431 F $19.65 408 1,088 1,496 F 1500 - 1600 $8.00 357 890 1,247 E $6.95 392 877 1,269 E $8.85 413 838 1,251 E $12.00 426 880 1,306 F $19.35 376 806 1,182 D 1600 - 1700 $5.30 272 867 1,139 D $5.30 237 834 1,071 D $5.30 248 880 1,128 D $8.15 293 905 1,198 D $11.10 258 1,025 1,283 E 1700 - 1800 $5.30 275 896 1,171 D $5.30 276 863 1,139 D $5.30 263 822 1,085 D $5.30 291 817 1,108 D $6.95 324 1,002 1,326 F 1800 - 1900 $5.30 299 722 1,021 D $5.30 340 770 1,110 D $5.30 324 830 1,154 D $5.30 302 915 1,217 E $6.95 227 605 832 C 1900 - 2000 $2.25 241 543 784 B $4.20 309 682 991 C $4.20 321 714 1,035 D $5.30 299 745 1,044 D $5.30 354 866 1,220 E 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 $5.30 283 918 1,201 E $6.95 308 996 1,304 F $7.95 330 1,000 1,330 F $10.50 314 1,093 1,407 F $19.65 503 1,404 1,907 F 1500 - 1600 $8.00 357 854 1,211 E $6.95 370 930 1,300 E $8.85 387 906 1,293 E $12.00 409 953 1,362 F $19.35 327 626 953 C 1600 - 1700 $5.30 239 913 1,152 D $5.30 227 899 1,126 D $5.30 246 952 1,198 D $8.15 282 923 1,205 E $11.10 377 1,163 1,540 F 1700 - 1800 $5.30 268 847 1,115 D $5.30 301 837 1,138 D $5.30 279 926 1,205 E $5.30 268 826 1,094 D $6.95 276 913 1,189 D 1800 - 1900 $5.30 301 721 1,022 D $5.30 313 827 1,140 D $5.30 318 833 1,151 D $5.30 367 882 1,249 E $6.95 303 736 1,039 D 1900 - 2000 $2.25 237 575 812 C $4.20 244 679 923 C $4.20 349 787 1,136 D $5.30 302 785 1,087 D $5.30 328 741 1,069 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 $5.30 297 943 1,240 E $6.95 303 952 1,255 E $7.95 331 1,004 1,335 F 1500 - 1600 $8.00 388 923 1,311 F $6.95 383 841 1,224 E $8.85 376 942 1,318 F 1600 - 1700 $5.30 223 884 1,107 D $5.30 240 938 1,178 D $5.30 294 854 1,148 D 1700 - 1800 $5.30 316 885 1,201 E $5.30 301 838 1,139 D $5.30 267 884 1,151 D 1800 - 1900 $5.30 297 725 1,022 D $5.30 328 765 1,093 D $5.30 322 839 1,161 D 1900 - 2000 $2.25 280 575 855 C $4.20 305 689 994 C $4.20 334 787 1,121 D 07/11/19 Friday 07/12/19Monday07/08/19 Tuesday 07/09/19 Wednesday 07/10/19 Wednesday 07/03/19 Thursday 07/04/19 Friday 07/05/19Monday07/01/19 Tuesday 07/02/19 Thursday Monday 07/22/19 Tuesday 07/23/19 Wednesday 07/24/19 Wednesday 07/17/19 Thursday 07/18/19 Friday 07/19/19Monday07/15/19 Tuesday 07/16/19 Thursday 07/25/19 Friday 07/26/19 08/01/19 Friday 08/02/19Monday07/29/19 Tuesday 07/30/19 Wednesday 07/31/19 Thursday 15 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 $2.95 122 909 1,031 D $2.95 150 1,274 1,424 F $5.30 148 688 836 C $1.95 106 155 261 A $2.95 164 480 644 B 1500 - 1600 $2.95 166 903 1,069 D $2.95 186 1,103 1,289 E $2.95 195 602 797 B $1.95 83 132 215 A $1.95 125 428 553 B 1600 - 1700 $2.95 111 816 927 C $2.95 129 1,003 1,132 D $2.95 120 590 710 B $1.95 58 115 173 A $1.95 114 404 518 B 1700 - 1800 $2.95 152 1,028 1,180 D $2.95 153 943 1,096 D $2.95 141 511 652 B $1.95 50 87 137 A $1.95 143 282 425 B 1800 - 1900 $2.95 171 929 1,100 D $2.95 146 506 652 B $2.95 178 521 699 B $1.95 72 112 184 A $1.95 120 212 332 A 1900 - 2000 $2.95 174 708 882 C $2.95 151 482 633 B $2.95 160 435 595 B $1.95 93 95 188 A $1.95 80 148 228 A 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 $2.95 141 614 755 B $2.95 135 697 832 C $2.95 146 706 852 C $5.30 176 726 902 C $5.30 177 718 895 C 1500 - 1600 $2.95 174 645 819 C $2.95 179 544 723 B $5.30 65 125 190 A $5.30 172 600 772 B $2.95 194 561 755 B 1600 - 1700 $2.95 125 582 707 B $2.95 130 645 775 B $2.95 115 447 562 B $2.95 140 625 765 B $2.95 117 515 632 B 1700 - 1800 $2.95 139 489 628 B $2.95 140 536 676 B $2.95 132 549 681 B $2.95 155 512 667 B $2.95 116 452 568 B 1800 - 1900 $2.95 103 284 387 A $2.95 142 509 651 B $2.95 157 535 692 B $2.95 141 524 665 B $2.95 156 434 590 B 1900 - 2000 $2.95 162 533 695 B $2.95 148 492 640 B $2.95 157 510 667 B $2.95 190 533 723 B $2.95 156 429 585 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 $2.95 136 643 779 B $2.95 165 680 845 C $2.95 163 754 917 C $5.30 160 727 887 C $5.30 175 664 839 C 1500 - 1600 $2.95 185 630 815 C $2.95 189 627 816 C $5.30 192 599 791 B $5.30 193 695 888 C $2.95 155 508 663 B 1600 - 1700 $2.95 140 638 778 B $2.95 119 578 697 B $2.95 112 648 760 B $2.95 171 617 788 B $2.95 118 592 710 B 1700 - 1800 $2.95 133 571 704 B $2.95 140 614 754 B $2.95 140 529 669 B $2.95 132 534 666 B $2.95 136 545 681 B 1800 - 1900 $2.95 153 508 661 B $2.95 191 567 758 B $2.95 176 617 793 B $2.95 159 571 730 B $2.95 117 330 447 B 1900 - 2000 $2.95 134 340 474 B $2.95 185 526 711 B $2.95 210 562 772 B $2.95 165 503 668 B $2.95 190 522 712 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 $2.95 152 626 778 B $2.95 157 741 898 C $2.95 158 791 949 C $5.30 169 684 853 C $5.30 66 204 270 A 1500 - 1600 $2.95 177 633 810 C $2.95 206 535 741 B $5.30 184 611 795 B $5.30 189 618 807 C $2.95 109 316 425 B 1600 - 1700 $2.95 136 580 716 B $2.95 124 629 753 B $2.95 128 621 749 B $2.95 139 597 736 B $2.95 154 488 642 B 1700 - 1800 $2.95 117 573 690 B $2.95 133 560 693 B $2.95 168 645 813 C $2.95 143 557 700 B $2.95 128 519 647 B 1800 - 1900 $2.95 138 470 608 B $2.95 141 529 670 B $2.95 137 564 701 B $2.95 166 543 709 B $2.95 129 433 562 B 1900 - 2000 $2.95 133 390 523 B $2.95 151 511 662 B $2.95 208 580 788 B $2.95 196 512 708 B $2.95 170 459 629 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 $2.95 160 581 741 B $2.95 152 721 873 C $2.95 153 754 907 C 1500 - 1600 $2.95 188 622 810 C $2.95 180 548 728 B $5.30 186 606 792 B 1600 - 1700 $2.95 127 596 723 B $2.95 114 634 748 B $2.95 127 602 729 B 1700 - 1800 $2.95 140 548 688 B $2.95 133 577 710 B $2.95 142 582 724 B 1800 - 1900 $2.95 137 524 661 B $2.95 151 535 686 B $2.95 154 612 766 B 1900 - 2000 $2.95 111 374 485 B $2.95 148 449 597 B $2.95 183 540 723 B Thursday 07/04/19 Friday 07/05/19Monday07/01/19 Tuesday 07/02/19 Wednesday 07/03/19 Monday 07/15/19 Tuesday 07/16/19 Wednesday 07/17/19 Wednesday 07/10/19Monday07/08/19 Tuesday 07/09/19 Thursday 07/18/19 Friday 07/19/19 Thursday 07/11/19 Friday 07/12/19 Wednesday 07/24/19 Thursday 07/25/19 Friday 07/26/19Monday07/22/19 Tuesday 07/23/19 Monday 07/29/19 Tuesday 07/30/19 Wednesday 07/31/19 Thursday 08/01/19 Friday 08/02/19 16 16 RCTC W ESTBOUND PEAK -HOUR VOLUMES 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 $9.45 501 1,023 1,524 F $9.45 489 1,056 1,545 F $5.30 468 1,107 1,575 F $1.55 45 43 88 A $1.55 124 208 332 A 0500 - 0600 $21.90 612 1,321 1,933 F $21.45 677 997 1,674 F $10.85 545 682 1,227 E $1.55 68 90 158 A $1.55 190 390 580 B 0600 - 0700 $20.20 412 611 1,023 D $18.10 350 917 1,267 E $10.10 483 1,153 1,636 F $1.55 56 105 161 A $1.55 205 525 730 B 0700 - 0800 $15.00 347 1,144 1,491 F $15.00 389 1,297 1,686 F $7.95 387 1,225 1,612 F $1.55 97 175 272 A $1.55 190 634 824 C 0800 - 0900 $10.10 483 2,004 2,487 F $10.10 298 1,339 1,637 F $6.95 272 1,143 1,415 F $1.55 136 232 368 A $1.55 161 543 704 B 0900 - 1000 $6.95 267 1,116 1,383 F $7.95 302 1,026 1,328 E $4.20 247 853 1,100 D $2.25 180 228 408 B $2.25 229 408 637 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 $9.45 327 1,002 1,329 E $9.45 470 1,059 1,529 F $9.45 520 1,156 1,676 F $9.45 477 1,055 1,532 F $5.30 425 715 1,140 D 0500 - 0600 $21.90 728 995 1,723 F $21.45 658 867 1,525 F $18.40 525 710 1,235 E $18.15 571 747 1,318 E $10.85 481 953 1,434 F 0600 - 0700 $20.20 377 1,041 1,418 F $18.10 317 845 1,162 D $18.05 430 1,137 1,567 F $18.05 427 1,033 1,460 F $10.10 441 1,184 1,625 F 0700 - 0800 $15.00 338 1,161 1,499 F $15.00 411 1,256 1,667 F $15.75 431 1,287 1,718 F $13.95 413 1,227 1,640 F $7.95 394 1,172 1,566 F 0800 - 0900 $10.10 216 1,314 1,530 F $10.10 298 1,333 1,631 F $10.10 294 1,195 1,489 F $10.85 338 1,317 1,655 F $6.95 300 1,071 1,371 F 0900 - 1000 $6.95 210 870 1,080 D $7.95 267 1,012 1,279 E $6.95 292 1,192 1,484 F $7.95 273 1,107 1,380 F $4.20 254 834 1,088 D 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 $9.45 475 1,077 1,552 F $9.45 462 978 1,440 F $9.45 517 1,135 1,652 F $9.45 532 1,038 1,570 F $5.30 455 746 1,201 E 0500 - 0600 $21.90 558 931 1,489 F $21.45 643 958 1,601 F $18.40 533 734 1,267 E $18.15 615 790 1,405 F $10.85 531 1,003 1,534 F 0600 - 0700 $20.20 294 1,072 1,366 F $18.10 358 851 1,209 E $18.05 483 1,168 1,651 F $18.05 462 1,142 1,604 F $10.10 495 1,168 1,663 F 0700 - 0800 $15.00 298 1,273 1,571 F $15.00 411 1,335 1,746 F $15.75 397 1,210 1,607 F $13.95 411 1,265 1,676 F $7.95 376 1,144 1,520 F 0800 - 0900 $10.10 215 1,287 1,502 F $10.10 317 1,385 1,702 F $10.10 336 1,343 1,679 F $10.85 318 1,252 1,570 F $6.95 282 1,009 1,291 E 0900 - 1000 $6.95 235 1,010 1,245 E $7.95 269 1,041 1,310 E $6.95 263 1,096 1,359 F $7.95 278 964 1,242 E $4.20 249 758 1,007 D 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 $9.45 504 1,022 1,526 F $9.45 452 1,040 1,492 F $9.45 489 1,087 1,576 F $9.45 462 825 1,287 E $5.30 419 694 1,113 D 0500 - 0600 $21.90 575 935 1,510 F $21.45 636 967 1,603 F $18.40 543 771 1,314 E $18.15 457 697 1,154 D $10.85 479 989 1,468 F 0600 - 0700 $20.20 396 992 1,388 F $18.10 352 815 1,167 D $18.05 442 1,033 1,475 F $18.05 492 1,120 1,612 F $10.10 443 1,112 1,555 F 0700 - 0800 $15.00 403 1,316 1,719 F $15.00 399 1,315 1,714 F $15.75 418 1,301 1,719 F $13.95 390 1,304 1,694 F $7.95 381 1,200 1,581 F 0800 - 0900 $10.10 277 1,215 1,492 F $10.10 290 1,386 1,676 F $10.10 309 1,375 1,684 F $10.85 321 1,287 1,608 F $6.95 289 1,165 1,454 F 0900 - 1000 $6.95 259 861 1,120 D $7.95 328 1,112 1,440 F $6.95 280 1,032 1,312 E $7.95 298 958 1,256 E $4.20 290 910 1,200 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 0400 - 0500 $9.45 475 1,052 1,527 F $9.45 478 1,039 1,517 F $9.45 488 1,059 1,547 F 0500 - 0600 $21.90 580 907 1,487 F $21.45 674 931 1,605 F $18.40 542 738 1,280 E 0600 - 0700 $20.20 351 915 1,266 E $18.10 345 882 1,227 E $18.05 439 1,011 1,450 F 0700 - 0800 $15.00 380 1,261 1,641 F $15.00 361 1,250 1,611 F $15.75 395 1,250 1,645 F 0800 - 0900 $10.10 344 1,213 1,557 F $10.10 315 1,340 1,655 F $10.10 341 1,329 1,670 F 0900 - 1000 $6.95 242 950 1,192 D $7.95 311 1,080 1,391 F $6.95 349 1,219 1,568 F 07/11/19 Friday 07/12/19Monday07/08/19 Tuesday 07/09/19 Wednesday 07/10/19 Wednesday 07/03/19 Thursday 07/04/19 Friday 07/05/19Monday07/01/19 Tuesday 07/02/19 Thursday Monday 07/22/19 Tuesday 07/23/19 Wednesday 07/24/19 Wednesday 07/17/19 Thursday 07/18/19 Friday 07/19/19Monday07/15/19 Tuesday 07/16/19 Thursday 07/25/19 Friday 07/26/19 08/01/19 Friday 08/02/19Monday07/29/19 Tuesday 07/30/19 Wednesday 07/31/19 Thursday 17 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 $6.85 266 722 988 C $5.30 304 676 980 C $2.95 272 609 881 C $1.95 36 59 95 A $1.95 78 206 284 A 0500 - 0600 $18.00 379 1,008 1,387 E $17.25 402 1,057 1,459 F $6.85 407 945 1,352 E $1.95 43 82 125 A $1.95 132 367 499 B 0600 - 0700 $19.35 361 898 1,259 E $17.55 357 1,052 1,409 F $6.85 320 1,028 1,348 E $1.95 41 97 138 A $1.95 121 393 514 B 0700 - 0800 $12.80 100 347 447 B $13.45 220 1,027 1,247 E $6.85 188 930 1,118 D $1.95 61 90 151 A $1.95 107 460 567 B 0800 - 0900 $8.85 87 462 549 B $8.85 165 1,014 1,179 D $5.30 153 827 980 C $1.95 85 146 231 A $1.95 109 413 522 B 0900 - 1000 $5.30 134 691 825 C $5.30 172 821 993 C $2.95 141 642 783 B $1.95 119 164 283 A $1.95 135 374 509 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 $6.85 152 274 426 B $5.30 283 713 996 C $5.30 295 705 1,000 C $5.30 285 653 938 C $2.95 245 615 860 C 0500 - 0600 $18.00 262 780 1,042 D $17.25 409 1,068 1,477 F $15.55 414 1,069 1,483 F $14.15 368 1,036 1,404 F $6.85 329 878 1,207 E 0600 - 0700 $19.35 360 1,084 1,444 F $17.55 335 1,054 1,389 E $19.65 376 1,023 1,399 E $14.50 359 1,056 1,415 F $6.85 289 925 1,214 E 0700 - 0800 $12.80 210 993 1,203 E $13.45 240 1,094 1,334 E $12.45 226 1,009 1,235 E $11.40 241 1,091 1,332 E $6.85 226 848 1,074 D 0800 - 0900 $8.85 147 956 1,103 D $8.85 184 958 1,142 D $6.85 141 944 1,085 D $8.85 179 1,041 1,220 E $5.30 169 769 938 C 0900 - 1000 $5.30 113 643 756 B $5.30 146 748 894 C $5.30 180 762 942 C $5.30 160 809 969 C $2.95 152 590 742 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 $6.85 260 717 977 C $5.30 282 667 949 C $5.30 289 666 955 C $5.30 243 693 936 C $2.95 213 581 794 B 0500 - 0600 $18.00 387 1,066 1,453 F $17.25 426 1,083 1,509 F $15.55 408 1,039 1,447 F $14.15 405 1,050 1,455 F $6.85 339 793 1,132 D 0600 - 0700 $19.35 247 1,033 1,280 E $17.55 342 1,052 1,394 E $19.65 356 958 1,314 E $14.50 307 979 1,286 E $6.85 265 968 1,233 E 0700 - 0800 $12.80 150 1,082 1,232 E $13.45 262 1,090 1,352 E $12.45 233 1,074 1,307 E $11.40 222 1,003 1,225 E $6.85 205 874 1,079 D 0800 - 0900 $8.85 117 947 1,064 D $8.85 181 1,010 1,191 D $6.85 168 963 1,131 D $8.85 157 946 1,103 D $5.30 147 738 885 C 0900 - 1000 $5.30 120 736 856 C $5.30 178 726 904 C $5.30 160 784 944 C $5.30 170 771 941 C $2.95 119 515 634 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 $6.85 298 719 1,017 D $5.30 272 668 940 C $5.30 288 680 968 C $5.30 282 709 991 C $2.95 237 552 789 B 0500 - 0600 $18.00 397 1,023 1,420 F $17.25 395 1,064 1,459 F $15.55 406 1,011 1,417 F $14.15 447 1,043 1,490 F $6.85 329 856 1,185 D 0600 - 0700 $19.35 349 963 1,312 E $17.55 344 1,048 1,392 E $19.65 345 1,037 1,382 E $14.50 344 1,058 1,402 F $6.85 267 977 1,244 E 0700 - 0800 $12.80 217 911 1,128 D $13.45 260 1,144 1,404 F $12.45 240 1,070 1,310 E $11.40 245 1,068 1,313 E $6.85 203 904 1,107 D 0800 - 0900 $8.85 178 920 1,098 D $8.85 209 1,035 1,244 E $6.85 208 1,070 1,278 E $8.85 191 1,036 1,227 E $5.30 172 856 1,028 D 0900 - 1000 $5.30 150 704 854 C $5.30 172 806 978 C $5.30 176 752 928 C $5.30 170 753 923 C $2.95 159 671 830 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 0400 - 0500 $6.85 278 737 1,015 D $5.30 271 704 975 C $5.30 271 674 945 C 0500 - 0600 $18.00 380 1,019 1,399 E $17.25 434 1,062 1,496 F $15.55 426 1,009 1,435 F 0600 - 0700 $19.35 316 1,000 1,316 E $17.55 330 1,098 1,428 F $19.65 351 1,057 1,408 F 0700 - 0800 $12.80 214 1,034 1,248 E $13.45 258 1,156 1,414 F $12.45 231 1,188 1,419 F 0800 - 0900 $8.85 146 944 1,090 D $8.85 171 1,057 1,228 E $6.85 179 1,060 1,239 E 0900 - 1000 $5.30 163 699 862 C $5.30 157 791 948 C $5.30 170 784 954 C Thursday 07/04/19 Friday 07/05/19Monday07/01/19 Tuesday 07/02/19 Wednesday 07/03/19 Monday 07/15/19 Tuesday 07/16/19 Wednesday 07/17/19 Wednesday 07/10/19Monday07/08/19 Tuesday 07/09/19 Thursday 07/18/19 Friday 07/19/19 Thursday 07/11/19 Friday 07/12/19 Wednesday 07/24/19 Thursday 07/25/19 Friday 07/26/19Monday07/22/19 Tuesday 07/23/19 Monday 07/29/19 Tuesday 07/30/19 Wednesday 07/31/19 Thursday 08/01/19 Friday 08/02/19 18 18 RCTC O P ERATIONAL HIGHLIGHTS On-road Operations RCTC Freeway Service Patrol (FSP) responded to 102 calls during the month of July. Of those calls, 63 were to assist disabled vehicles, 18 were to remove debris, 9 were for traffic breaks, and 12 were in response to accidents. 6C Transponder Technology Planning for the transition to the new transponder technology is underway. The lane systems have been upgraded. The new sticker transponders have been received and will be distributed after OCTA completes the upgrade of their lane system. Changes to the back-office system to process the new transponders and make changes to the customer account plan are being finalized and will be released to the customer once both the RCTC and OCTA lane system upgrades are performed. A series of customer communication has been prepared to facilitate the process for providing the new transponders to customers. 19 19 FINANCIAL HIGHLIGHTS RCTC 20 20 JOINT AGENCY TRIP AND REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING July 31, 2019 July-19 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 774,656 488,306 63%1,881,204$ RCTC 742,144 488,306 66%3,565,897$ I-15 307,543 209,079 68%1,487,895$ McKinley 434,601 279,227 64%2,078,002$ Eastbound OCTA 771,206 401,146 52%2,557,727$ RCTC 572,946 401,146 70%1,691,404$ I-15 211,847 156,825 74%429,076$ McKinley 361,099 244,321 68%1,262,328$ 63% 52% 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 21 21 JOINT AGENCY PERFORMANCE MEASURES JOINT AGENCY TRANSPONDER DISTRIBUTION Jul-19 Performance CUSTOMER SERVICE Call Wait Time Monthly Not to exceed 2 minutes 1:53 Abandon Rate Monthly No more than 4.0% 2.8% Customer Satisfaction Monthly At least 75 outbound calls 75 VIOLATION PROCESSING Response Time Monthly Within 2 business days of receipt 0.9 CUSA Violation Collection Rate Quarterly 70% or more 71% CUSA Violation Collection Rate Annually 74% or more #N/A TRAFFIC OPERATIONS Initial & Secondary Reviews Monthly Equal to or less than 15 days 1.5 *Plate Misread Errors Monthly Equal to or less than 0.4% 0.01% CAS Response Time Monthly 0:20 (minutes) per call 0:09 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 1,442 46.9% 1,279 46.4% 1,442 46.9% Additional Tags to Existing Accounts 919 29.9%836 30.3%919 29.9% Replacement Transponders 713 23.2%641 23.3%713 23.2% Total Issued 3,074 2,756 3,074 Returned Account Closures 505 37.3%432 26.3%505 37.3% Accounts Downsizing 169 12.5%190 11.6%169 12.5% Defective Transponders 680 50.2% 1,020 62.1%680 50.2% Total Returned 1,354 1,642 1,354 FY 2019-20TRANSPONDER DISTRIBUTION July-19 June-19 Average To-Date 22 22 At the end of July 2019, the 91 Express Lanes had 148,568 active customer accounts, and 226,480 transponders classified as Assigned. Number of Accounts by Fiscal Year As of July 31, 2019 Incoming Email Activity During July, the Anaheim Processing Center received 3,622 emails. 114,556 114,138 112,584 112,473 112,929 113,672 116,813 119,782 130,048 140,694 148,054 148,568 60,000 70,000 80,000 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 Fiscal Year 23 Orange County Transportation Authority Riverside County Transportation Commission Status Report August 2019 As of August 31, 2019 ATTACHMENT 2 24 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 ............................................................................................ 9 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 25 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATIST ICS FOR OCTA Total traffic volume on the OCTA 91 Express Lanes for August 2019 was 1,545,731. This represents a daily average of 49,862. This is a 1.4% decrease in total traffic volume from the same period last year, which totaled 1,567,485. The decrease is attributable to the 54-hour weekend and overnight closures in the westbound direction for the electronic toll and traffic management system upgrade. Potential toll revenue for the month was $4,671,161, which represents a decrease of 0.8% from the prior year’s total of $4,709,712. Carpool percentage for the month was 26.63% as compared to the previous year’s rate of 25.91%. 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 August 2019. Current Month-to-Date (MTD) as of August 31, 2019 Trips Aug-19 MTD Actual Stantec MTD Projected # Variance % Variance Aug-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,134,132 1,138,111 (3,979) (0.3%)1,161,329 (2.3%) 3+ Lanes 411,599 338,092 73,507 21.7% 406,156 1.3% Total Gross Trips 1,545,731 1,476,203 69,528 4.7% 1,567,485 (1.4%) Revenue Full Toll Lanes $4,595,283 $4,747,091 ($151,809) (3.2%)$4,624,936 (0.6%) 3+ Lanes $75,879 $86,580 ($10,701) (12.4%)$84,776 (10.5%) Total Gross Revenue $4,671,161 $4,833,671 ($162,510) (3.4%)$4,709,712 (0.8%) Average Revenue per Trip Average Full Toll Lanes $4.05 $4.17 ($0.12) (2.9%)$3.98 1.8% Average 3+ Lanes $0.18 $0.26 ($0.08) (30.8%)$0.21 (14.3%) Average Gross Revenue $3.02 $3.27 ($0.25) (7.6%)$3.00 0.7% 26 4 The 2020 fiscal year-to-date traffic volume increased by 1.4% and potential toll revenue increased by 1.2%, when compared with the same period last year. Year-to-date average revenue per-trip is $2.95. 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 2019 through August 2019. FY 2019-20 Year to Date as of August 31, 2019 Trips FY 2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 2,236,687 2,223,156 13,531 0.6% 2,231,017 0.3% 3+ Lanes 854,906 743,553 111,353 15.0% 819,260 4.4% Total Gross Trips 3,091,593 2,966,709 124,884 4.2% 3,050,277 1.4% Revenue Full Toll Lanes $8,957,851 $9,256,356 ($298,505) (3.2%)$8,839,831 1.3% 3+ Lanes $152,242 $168,691 ($16,449) (9.8%)$163,703 (7.0%) Total Gross Revenue $9,110,092 $9,425,046 ($314,954) (3.3%)$9,003,533 1.2% Average Revenue per Trip Average Full Toll Lanes $4.00 $4.16 ($0.16) (3.8%)$3.96 1.0% Average 3+ Lanes $0.18 $0.23 ($0.05) (21.7%)$0.20 (10.0%) Average Gross Revenue $2.95 $3.18 ($0.23) (7.2%)$2.95 0.0% 27 5 O CTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. 1,102,555 1,134,132 443,307 411,599 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-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Volume Month FY 2019-20 Traffic Volume Overview Full Toll Lanes 3+ Lanes $4,362,568 $4,595,283 $76,363 $75,879 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Revenue Month FY 2019-20 Revenue Summary Full Toll Lanes 3+ Lanes 28 6 Peak traffic hour in the eastbound direction reached or exceeded 90% or more of defined capacity 19 times during the month of August 2019. As demonstrated on the next chart, westbound peak hour traffic volumes top out at 84% 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 $6.70 591 3,059 90%$7.10 619 3,106 91% 1500 - 1600 $6.75 689 3,014 89%$9.15 709 2,605 77% 1600 - 1700 $8.30 553 2,854 84%$8.95 513 2,701 79% 1700 - 1800 $8.70 529 2,543 75%$7.05 614 2,984 88% 1800 - 1900 $4.85 673 2,951 87%$6.55 628 2,630 77% 1900 - 2000 $5.60 747 2,664 78%$6.05 634 2,067 61% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.15 577 2,779 82%$5.15 539 2,841 84%$5.15 542 2,977 88%$6.70 596 3,129 92%$7.10 657 3,158 93% 1500 - 1600 $5.50 669 2,925 86%$5.75 712 2,724 80%$7.75 714 2,938 86%$6.75 670 3,020 89%$9.15 718 2,683 79% 1600 - 1700 $5.35 502 2,770 81%$5.50 475 2,883 85%$7.50 522 2,893 85%$8.30 588 3,109 91%$8.95 485 2,690 79% 1700 - 1800 $5.30 513 2,815 83%$5.40 569 2,953 87%$6.40 572 2,914 86%$8.70 476 2,569 76%$7.05 550 2,810 83% 1800 - 1900 $5.50 652 2,814 83%$3.95 630 3,051 90%$3.95 660 3,023 89%$4.85 675 3,120 92%$6.55 663 2,676 79% 1900 - 2000 $3.85 522 1,862 55%$3.85 619 2,435 72%$3.85 657 2,474 73%$5.60 616 2,214 65%$6.05 577 2,014 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 $5.15 466 2,648 78%$5.15 499 2,934 86%$5.15 500 2,869 84%$6.70 568 3,271 96%$7.10 593 3,173 93% 1500 - 1600 $5.50 613 2,825 83%$5.75 660 2,787 82%$7.75 627 2,908 86%$6.75 664 2,989 88%$9.15 729 2,641 78% 1600 - 1700 $5.35 439 3,024 89%$5.50 483 2,962 87%$7.50 471 2,945 87%$8.30 536 2,892 85%$8.95 460 2,610 77% 1700 - 1800 $5.30 525 2,979 88%$5.40 505 2,875 85%$6.40 517 2,979 88%$8.70 440 2,437 72%$7.05 489 2,835 83% 1800 - 1900 $5.50 573 2,509 74%$3.95 648 3,034 89%$3.95 507 2,473 73%$4.85 623 2,938 86%$6.55 597 2,606 77% 1900 - 2000 $3.85 440 1,755 52%$3.85 546 2,209 65%$3.85 607 2,692 79%$5.60 628 2,453 72%$6.05 590 2,194 65% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.15 501 2,697 79%$5.15 486 2,889 85%$5.15 465 2,988 88%$6.70 502 3,167 93%$7.10 589 3,102 91% 1500 - 1600 $5.50 626 3,128 92%$5.75 636 2,741 81%$7.75 630 2,963 87%$6.75 586 3,013 89%$9.15 727 2,787 82% 1600 - 1700 $5.35 445 2,654 78%$5.50 490 2,918 86%$7.50 416 2,859 84%$8.30 491 2,905 85%$8.95 466 2,709 80% 1700 - 1800 $5.30 533 2,889 85%$5.40 520 3,014 89%$6.40 445 2,822 83%$8.70 417 2,442 72%$7.05 599 2,981 88% 1800 - 1900 $5.50 638 2,883 85%$3.95 596 2,894 85%$3.95 691 3,214 95%$4.85 599 2,883 85%$6.55 623 2,488 73% 1900 - 2000 $3.85 461 1,775 52%$3.85 559 2,345 69%$3.85 555 2,174 64%$5.60 662 2,675 79%$6.05 573 2,072 61% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.15 500 2,718 80%$5.15 436 2,791 82%$5.15 467 2,869 84%$6.70 529 3,193 94%$7.10 576 3,102 91% 1500 - 1600 $5.50 660 3,083 91%$5.75 642 2,783 82%$7.75 704 2,896 85%$6.75 726 3,207 94%$9.15 778 2,670 79% 1600 - 1700 $5.35 483 3,009 89%$5.50 422 2,825 83%$7.50 451 2,983 88%$8.30 576 3,076 90%$8.95 491 2,339 69% 1700 - 1800 $5.30 515 3,105 91%$5.40 485 2,783 82%$6.40 499 2,875 85%$8.70 453 2,652 78%$7.05 590 2,806 83% 1800 - 1900 $5.50 616 2,586 76%$3.95 631 3,135 92%$3.95 625 3,076 90%$4.85 627 2,930 86%$6.55 638 2,364 70% 1900 - 2000 $3.85 468 1,945 57%$3.85 570 2,468 73%$3.85 612 2,508 74%$5.60 692 2,802 82%$6.05 608 2,025 60% Thursday 08/29/19 Friday 08/30/19 Thursday 08/22/19 Friday 08/23/19 Monday 08/26/19 Tuesday 08/27/19 Wednesday 08/28/19 Thursday 08/15/19 Friday 08/16/19 Monday 08/19/19 Tuesday 08/20/19 Wednesday 08/21/19 Thursday 08/08/19 Friday 08/09/19 Monday 08/12/19 Tuesday 08/13/19 Wednesday 08/14/19 Thursday 08/01/19 Friday 08/02/19 Monday 08/05/19 Tuesday 08/06/19 Wednesday 08/07/19 Monday 07/29/19 Tuesday 07/30/19 Wednesday 07/31/19 29 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 $3.05 851 2,453 72%$3.05 735 2,063 61% 0500 - 0600 $4.95 904 2,473 73%$4.70 736 2,117 62% 0600 - 0700 $5.15 605 2,081 61%$4.95 554 2,069 61% 0700 - 0800 $5.65 462 2,030 60%$5.50 425 1,877 55% 0800 - 0900 $5.15 397 2,019 59%$4.95 404 1,886 55% 0900 - 1000 $4.10 500 2,186 64%$4.10 469 2,076 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 $3.05 836 2,536 75%$3.05 854 2,517 74%$3.05 894 2,587 76%$3.05 864 2,507 74%$3.05 763 2,037 60% 0500 - 0600 $4.95 878 2,460 72%$4.95 971 2,613 77%$4.95 922 2,417 71%$4.95 911 2,400 71%$4.70 815 2,307 68% 0600 - 0700 $5.15 550 1,993 59%$5.15 544 2,058 61%$5.15 644 2,189 64%$5.15 622 2,165 64%$4.95 578 1,942 57% 0700 - 0800 $5.65 407 1,915 56%$5.65 464 2,079 61%$5.65 459 1,980 58%$5.65 424 1,885 55%$5.50 416 1,765 52% 0800 - 0900 $5.15 387 1,983 58%$5.15 371 1,989 59%$5.15 394 1,992 59%$5.15 400 2,055 60%$4.95 406 1,954 57% 0900 - 1000 $4.10 454 2,135 63%$4.10 443 2,110 62%$4.10 437 2,190 64%$4.10 435 2,201 65%$4.10 446 1,991 59% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.05 844 2,538 75%$3.05 862 2,549 75%$3.05 890 2,581 76%$3.05 896 2,502 74%$3.05 757 2,043 60% 0500 - 0600 $4.95 842 2,474 73%$4.95 916 2,363 70%$4.95 941 2,467 73%$4.95 948 2,560 75%$4.70 809 2,363 70% 0600 - 0700 $5.15 555 1,963 58%$5.15 662 2,201 65%$5.15 626 2,160 64%$5.15 631 2,154 63%$4.95 598 2,115 62% 0700 - 0800 $5.65 395 1,867 55%$5.65 471 2,211 65%$5.65 449 2,026 60%$5.65 422 2,041 60%$5.50 403 1,867 55% 0800 - 0900 $5.15 349 1,983 58%$5.15 345 2,163 64%$5.15 308 2,184 64%$5.15 355 2,120 62%$4.95 366 1,995 59% 0900 - 1000 $4.10 339 1,954 57%$4.10 345 2,231 66%$4.10 318 2,217 65%$4.10 347 2,226 65%$4.10 352 2,016 59% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.05 865 2,535 75%$3.05 831 2,449 72%$3.05 864 2,558 75%$3.05 518 1,381 41%$3.05 767 2,079 61% 0500 - 0600 $4.95 922 2,603 77%$4.95 1014 2,725 80%$4.95 922 2,495 73%$4.95 702 1,921 57%$4.70 807 2,308 68% 0600 - 0700 $5.15 618 2,070 61%$5.15 614 2,035 60%$5.15 667 2,178 64%$5.15 889 2,840 84%$4.95 643 2,214 65% 0700 - 0800 $5.65 412 2,021 59%$5.65 465 2,178 64%$5.65 459 2,135 63%$5.65 536 2,329 69%$5.50 447 2,018 59% 0800 - 0900 $5.15 329 1,993 59%$5.15 267 1,536 45%$5.15 284 2,166 64%$5.15 346 2,209 65%$4.95 319 1,887 56% 0900 - 1000 $4.10 326 2,009 59%$4.10 416 2,623 77%$4.10 321 2,224 65%$4.10 354 2,396 70%$4.10 272 1,668 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 $3.05 746 2,094 62%$3.05 827 2,455 72%$3.05 934 2,605 77%$3.05 876 2,606 77%$3.05 736 2,017 59% 0500 - 0600 $4.95 821 2,178 64%$4.95 955 2,575 76%$4.95 924 2,571 76%$4.95 877 2,374 70%$4.95 725 2,225 65% 0600 - 0700 $5.15 599 1,853 55%$5.15 641 2,133 63%$5.15 745 2,317 68%$5.15 660 2,357 69%$5.15 649 2,101 62% 0700 - 0800 $5.65 347 1,590 47%$5.65 483 2,287 67%$5.65 477 2,224 65%$5.65 464 2,084 61%$5.50 386 1,872 55% 0800 - 0900 $5.15 249 1,602 47%$5.15 305 2,267 67%$5.15 328 2,181 64%$5.65 341 2,224 65%$5.30 308 1,888 56% 0900 - 1000 $4.10 196 1,440 42%$4.10 302 2,309 68%$4.10 301 2,178 64%$5.65 302 2,113 62%$4.55 279 1,638 48% Thursday 08/29/19 Friday 08/30/19 Thursday 08/22/19 Friday 08/23/19 Monday 08/26/19 Tuesday 08/27/19 Wednesday 08/28/19 Thursday 08/15/19 Friday 08/16/19 Monday 08/19/19 Tuesday 08/20/19 Wednesday 08/21/19 Thursday 08/08/19 Friday 08/09/19 Monday 08/12/19 Tuesday 08/13/19 Wednesday 08/14/19 Thursday 08/01/19 Friday 08/02/19 Monday 08/05/19 Tuesday 08/06/19 Wednesday 08/07/19 Monday 07/29/19 Tuesday 07/30/19 Wednesday 07/31/19 30 8 OCTA OPERATIONAL HIGHLIGHTS On-road Operations OCTA Customer Assistance Specialists (CAS) responded to 115 calls during the month of August. Of those calls, 86 were to assist disabled vehicles and 18 calls to remove debris. The CAS provided assistance to 11 accidents in the Express Lanes with 5 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. Utilizing a full weekend and several overnight closures, Kapsch replaced the westbound in-lane system at the gantries in late August. The eastbound equipment installation is scheduled for early October. 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. 31 9 FINANCIAL HIGHLIGHTS OCTA Capital Asset Activity During the two months ending August 31, 2019, capital asset activities included $5,329 for transponder purchases. 32 10 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the RCTC 91 Express Lanes for August 2019 was 1,402,081. This represents a daily average of 45,228. This is a 2.5% increase in total traffic volume from the same period last year, which totaled 1,367,738. Potential toll revenue for the month was $5,633,523, which represents an increase of 14.2% from the prior year’s total of $4,933,154. Carpool percentage for the month was 25.77% as compared to the previous year’s rate of 23.68%. 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 August 2019. Current Month-to-Date (MTD) as of August 31, 2019 Trips AUG-19 MTD Actual Stantec MTD Projected # Variance % Variance AUG-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,040,805 1,040,143 662 0.1% 1,043,813 (0.3%) 3+ Lanes 361,276 339,186 22,090 6.5% 323,925 11.5% Total Gross Trips 1,402,081 1,379,329 22,752 1.6% 1,367,738 2.5% Revenue Full Toll Lanes $5,588,508 $4,051,586 $1,536,922 37.9% $4,893,862 14.2% 3+ Lanes $45,015 $0 $45,015 $39,292 14.6% Total Gross Revenue $5,633,523 $4,051,586 $1,581,937 39.0% $4,933,154 14.2% Average Revenue per Trip Average Full Toll Lanes $5.37 $3.90 $1.47 37.7% $4.69 14.5% Average 3+ Lanes $0.12 $0.00 $0.12 $0.12 0.0% Average Gross Revenue $4.02 $2.94 $1.08 36.7% $3.61 11.4% 33 11 The 2020 fiscal year-to-date (YTD) traffic volume is 2.5% higher when compared with the same period last year. The 2020 fiscal year-to-date revenue is 15.6% 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 $4.01. 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 2019 through August 2019. FY 2019-20 Year to Date as of August 31, 2019 Trips FY 2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 2,001,406 2,035,914 (34,508)(1.7%)2,002,025 (0.0%) 3+ Lanes 715,765 673,143 42,622 6.3%649,204 10.3% Total Gross Trips 2,717,171 2,709,057 8,114 0.3%2,651,229 2.5% Revenue Full Toll Lanes $10,802,476 $7,930,600 $2,871,876 36.2%$9,344,456 15.6% 3+ Lanes $88,348 $0 $88,348 $77,956 13.3% Total Gross Revenue $10,890,824 $7,930,600 $2,960,224 37.3%$9,422,413 15.6% Average Revenue per Trip Average Full Toll Lanes $5.40 $3.90 $1.50 38.5%$4.67 15.6% Average 3+ Lanes $0.12 $0.00 $0.12 $0.12 0.0% Average Gross Revenue $4.01 $2.93 $1.08 36.9%$3.55 13.0% 34 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. 960,601 1,040,805 354,489 361,276 0 175,000 350,000 525,000 700,000 875,000 1,050,000 1,225,000 1,400,000 1,575,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Volume Month FY 2019-20 Traffic Volume Overview Full Toll Lanes 3+ Lanes $5,213,968 $5,588,508 $43,333 $45,015 $2,800,000 $3,200,000 $3,600,000 $4,000,000 $4,400,000 $4,800,000 $5,200,000 $5,600,000 $6,000,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20RevenueMonth FY 2019-20 Revenue Summary Full Toll Lanes 3+ Lanes 35 13 RCTC PEAK -HOUR VOLUMES RCTC evaluates traffic volumes for peak period hours where Express Lanes performance is degraded quarterly and either increases or decreases tolls. The next quarterly adjustment is scheduled for October 1, 2019. 36 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 $10.50 326 1,121 1,447 F $19.65 391 1,017 1,408 F 1500 - 1600 $12.00 374 909 1,283 E $19.35 397 854 1,251 E 1600 - 1700 $8.15 302 882 1,184 D $11.10 254 898 1,152 D 1700 - 1800 $5.30 289 798 1,087 D $6.95 354 888 1,242 E 1800 - 1900 $5.30 345 880 1,225 E $6.95 355 760 1,115 D 1900 - 2000 $5.30 361 782 1,143 D $5.30 327 715 1,042 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 $5.30 314 1,001 1,315 F $6.95 283 1,040 1,323 F $7.95 316 1,057 1,373 F $10.50 313 1,144 1,457 F $19.65 364 1,002 1,366 F 1500 - 1600 $8.00 365 861 1,226 E $6.95 378 850 1,228 E $8.85 378 910 1,288 E $12.00 363 944 1,307 F $19.35 389 856 1,245 E 1600 - 1700 $5.30 318 1,155 1,473 F $5.30 244 867 1,111 D $5.30 264 868 1,132 D $8.15 268 952 1,220 E $11.10 263 922 1,185 D 1700 - 1800 $5.30 265 778 1,043 D $5.30 255 823 1,078 D $5.30 296 838 1,134 D $5.30 245 761 1,006 D $6.95 291 902 1,193 D 1800 - 1900 $5.30 309 766 1,075 D $5.30 329 812 1,141 D $5.30 309 804 1,113 D $5.30 343 874 1,217 E $6.95 314 856 1,170 D 1900 - 2000 $2.25 248 522 770 B $4.20 272 707 979 C $4.20 294 706 1,000 C $5.30 277 666 943 C $5.30 302 725 1,027 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 $5.30 255 976 1,231 E $6.95 271 1,012 1,283 E $7.95 290 1,022 1,312 F $10.50 305 1,173 1,478 F $19.65 337 1,094 1,431 F 1500 - 1600 $8.00 344 835 1,179 D $6.95 361 862 1,223 E $8.85 330 902 1,232 E $12.00 382 883 1,265 E $19.35 360 683 1,043 D 1600 - 1700 $5.30 211 906 1,117 D $5.30 232 921 1,153 D $5.30 234 962 1,196 D $8.15 260 909 1,169 D $11.10 254 882 1,136 D 1700 - 1800 $5.30 251 843 1,094 D $5.30 239 827 1,066 D $5.30 258 817 1,075 D $5.30 213 763 976 C $6.95 274 1,005 1,279 E 1800 - 1900 $5.30 268 697 965 C $5.30 318 812 1,130 D $5.30 243 703 946 C $5.30 284 852 1,136 D $6.95 354 890 1,244 E 1900 - 2000 $2.25 197 476 673 B $4.20 241 640 881 C $4.20 284 799 1,083 D $5.30 309 744 1,053 D $5.30 306 839 1,145 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 $5.30 272 1,007 1,279 E $6.95 258 969 1,227 E $7.95 282 1,020 1,302 F $10.50 266 1,116 1,382 F $19.65 339 1,005 1,344 F 1500 - 1600 $8.00 351 915 1,266 E $6.95 361 867 1,228 E $8.85 341 889 1,230 E $12.00 348 922 1,270 E $19.35 404 901 1,305 F 1600 - 1700 $5.30 232 856 1,088 D $5.30 235 920 1,155 D $5.30 239 925 1,164 D $8.15 243 947 1,190 D $11.10 254 927 1,181 D 1700 - 1800 $5.30 236 838 1,074 D $5.30 263 834 1,097 D $5.30 243 846 1,089 D $5.30 205 846 1,051 D $6.95 318 934 1,252 E 1800 - 1900 $5.30 320 788 1,108 D $5.30 293 736 1,029 D $5.30 322 907 1,229 E $5.30 294 861 1,155 D $6.95 297 785 1,082 D 1900 - 2000 $2.25 187 506 693 B $4.20 246 699 945 C $4.20 258 652 910 C $5.30 297 846 1,143 D $5.30 270 727 997 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 $5.30 257 964 1,221 E $6.95 244 942 1,186 D $7.95 250 1,013 1,263 E $10.50 302 1,170 1,472 F $19.65 364 1,070 1,434 F 1500 - 1600 $8.00 327 905 1,232 E $6.95 314 963 1,277 E $8.85 372 927 1,299 E $12.00 380 931 1,311 F $19.35 451 902 1,353 F 1600 - 1700 $5.30 243 862 1,105 D $5.30 191 864 1,055 D $5.30 223 953 1,176 D $8.15 272 932 1,204 E $11.10 290 872 1,162 D 1700 - 1800 $5.30 260 826 1,086 D $5.30 241 841 1,082 D $5.30 263 877 1,140 D $5.30 211 823 1,034 D $6.95 353 1,031 1,384 F 1800 - 1900 $5.30 277 652 929 C $5.30 278 895 1,173 D $5.30 320 838 1,158 D $5.30 304 841 1,145 D $6.95 333 740 1,073 D 1900 - 2000 $2.25 211 572 783 B $4.20 240 646 886 C $4.20 261 718 979 C $5.30 304 911 1,215 E $5.30 348 726 1,074 D 08/08/19 Friday 08/09/19Monday08/05/19 Tuesday 08/06/19 Wednesday 08/07/19 Wednesday 07/31/19 Thursday 08/01/19 Friday 08/02/19Monday07/29/19 Tuesday 07/30/19 Thursday Monday 08/19/19 Tuesday 08/20/19 Wednesday 08/21/19 Wednesday 08/14/19 Thursday 08/15/19 Friday 08/16/19Monday08/12/19 Tuesday 08/13/19 Thursday 08/22/19 Friday 08/23/19 08/29/19 Friday 08/30/19Monday08/26/19 Tuesday 08/27/19 Wednesday 08/28/19 Thursday 37 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 $5.30 165 663 828 C $5.30 164 682 846 C 1500 - 1600 $5.30 172 624 796 B $2.95 190 574 764 B 1600 - 1700 $2.95 140 609 749 B $2.95 121 571 692 B 1700 - 1800 $2.95 120 526 646 B $2.95 128 554 682 B 1800 - 1900 $2.95 167 553 720 B $2.95 143 535 678 B 1900 - 2000 $2.95 183 549 732 B $2.95 168 390 558 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 $2.95 162 712 874 C $2.95 150 680 830 C $2.95 152 760 912 C $5.30 179 689 868 C $5.30 159 678 837 C 1500 - 1600 $2.95 206 670 876 C $2.95 193 601 794 B $5.30 184 692 876 C $5.30 177 703 880 C $2.95 188 553 741 B 1600 - 1700 $2.95 68 281 349 A $2.95 138 642 780 B $2.95 128 622 750 B $2.95 154 676 830 C $2.95 121 578 699 B 1700 - 1800 $2.95 136 521 657 B $2.95 138 527 665 B $2.95 141 577 718 B $2.95 123 552 675 B $2.95 124 541 665 B 1800 - 1900 $2.95 143 569 712 B $2.95 148 545 693 B $2.95 169 609 778 B $2.95 161 570 731 B $2.95 156 541 697 B 1900 - 2000 $2.95 123 394 517 B $2.95 173 529 702 B $2.95 177 532 709 B $2.95 164 512 676 B $2.95 179 430 609 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 $2.95 139 592 731 B $2.95 128 746 874 C $2.95 122 728 850 C $5.30 137 789 926 C $5.30 161 706 867 C 1500 - 1600 $2.95 168 632 800 B $2.95 173 613 786 B $5.30 164 657 821 C $5.30 178 664 842 C $2.95 157 459 616 B 1600 - 1700 $2.95 105 648 753 B $2.95 118 638 756 B $2.95 121 666 787 B $2.95 135 619 754 B $2.95 117 528 645 B 1700 - 1800 $2.95 129 574 703 B $2.95 139 546 685 B $2.95 129 574 703 B $2.95 106 475 581 B $2.95 125 594 719 B 1800 - 1900 $2.95 143 485 628 B $2.95 147 575 722 B $2.95 118 479 597 B $2.95 154 582 736 B $2.95 152 511 663 B 1900 - 2000 $2.95 137 379 516 B $2.95 136 488 624 B $2.95 171 573 744 B $2.95 155 559 714 B $2.95 163 464 627 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 $2.95 133 654 787 B $2.95 128 695 823 C $2.95 132 771 903 C $5.30 142 787 929 C $5.30 148 719 867 C 1500 - 1600 $2.95 161 680 841 C $2.95 133 631 764 B $5.30 138 645 783 B $5.30 169 644 813 C $2.95 178 594 772 B 1600 - 1700 $2.95 104 551 655 B $2.95 120 610 730 B $2.95 114 625 739 B $2.95 123 588 711 B $2.95 134 600 734 B 1700 - 1800 $2.95 124 574 698 B $2.95 118 541 659 B $2.95 117 506 623 B $2.95 105 532 637 B $2.95 120 551 671 B 1800 - 1900 $2.95 157 589 746 B $2.95 144 529 673 B $2.95 139 597 736 B $2.95 129 540 669 B $2.95 137 496 633 B 1900 - 2000 $2.95 119 394 513 B $2.95 166 563 729 B $2.95 129 444 573 B $2.95 145 599 744 B $2.95 146 416 562 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 $2.95 138 652 790 B $2.95 110 759 869 C $2.95 131 708 839 C $5.30 151 794 945 C $5.30 133 658 791 B 1500 - 1600 $2.95 164 700 864 C $2.95 146 632 778 B $5.30 172 620 792 B $5.30 195 670 865 C $2.95 167 521 688 B 1600 - 1700 $2.95 125 614 739 B $2.95 107 622 729 B $2.95 123 638 761 B $2.95 142 649 791 B $2.95 140 486 626 B 1700 - 1800 $2.95 108 587 695 B $2.95 115 551 666 B $2.95 116 536 652 B $2.95 109 535 644 B $2.95 127 549 676 B 1800 - 1900 $2.95 139 439 578 B $2.95 120 619 739 B $2.95 135 588 723 B $2.95 127 573 700 B $2.95 134 455 589 B 1900 - 2000 $2.95 131 358 489 B $2.95 156 545 701 B $2.95 165 508 673 B $2.95 178 580 758 B $2.95 134 386 520 B Thursday 08/01/19 Friday 08/02/19Monday07/29/19 Tuesday 07/30/19 Wednesday 07/31/19 Monday 08/12/19 Tuesday 08/13/19 Wednesday 08/14/19 Wednesday 08/07/19Monday08/05/19 Tuesday 08/06/19 Thursday 08/15/19 Friday 08/16/19 Thursday 08/08/19 Friday 08/09/19 Wednesday 08/21/19 Thursday 08/22/19 Friday 08/23/19Monday08/19/19 Tuesday 08/20/19 Monday 08/26/19 Tuesday 08/27/19 Wednesday 08/28/19 Thursday 08/29/19 Friday 08/30/19 38 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 $9.45 475 1,115 1,590 F $5.30 443 713 1,156 D 0500 - 0600 $18.15 555 783 1,338 E $10.85 479 917 1,396 F 0600 - 0700 $18.05 393 1,031 1,424 F $10.10 414 1,127 1,541 F 0700 - 0800 $13.95 390 1,283 1,673 F $7.95 357 1,198 1,555 F 0800 - 0900 $10.85 308 1,262 1,570 F $6.95 247 1,021 1,268 E 0900 - 1000 $7.95 318 1,013 1,331 E $4.20 289 878 1,167 D 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 $9.45 497 1,181 1,678 F $9.45 476 1,068 1,544 F $9.45 509 1,054 1,563 F $9.45 487 1,078 1,565 F $5.30 407 666 1,073 D 0500 - 0600 $21.90 557 860 1,417 F $21.45 666 943 1,609 F $18.40 568 740 1,308 E $18.15 566 782 1,348 E $10.85 522 972 1,494 F 0600 - 0700 $20.20 362 923 1,285 E $18.10 356 938 1,294 E $18.05 443 1,167 1,610 F $18.05 427 1,054 1,481 F $10.10 460 1,149 1,609 F 0700 - 0800 $15.00 356 1,228 1,584 F $15.00 334 1,329 1,663 F $15.75 396 1,262 1,658 F $13.95 399 1,232 1,631 F $7.95 359 1,113 1,472 F 0800 - 0900 $10.10 305 1,307 1,612 F $10.10 321 1,302 1,623 F $10.10 314 1,276 1,590 F $10.85 342 1,292 1,634 F $6.95 293 1,195 1,488 F 0900 - 1000 $6.95 302 1,012 1,314 E $7.95 253 949 1,202 E $6.95 271 1,077 1,348 E $7.95 261 1,108 1,369 F $4.20 244 872 1,116 D 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 $9.45 490 1,069 1,559 F $9.45 460 1,082 1,542 F $9.45 504 1,120 1,624 F $9.45 494 1,101 1,595 F $5.30 437 706 1,143 D 0500 - 0600 $21.90 537 833 1,370 F $21.45 684 958 1,642 F $18.40 554 731 1,285 E $18.15 583 786 1,369 F $10.85 496 998 1,494 F 0600 - 0700 $20.20 385 1,008 1,393 F $18.10 354 915 1,269 E $18.05 454 1,102 1,556 F $18.05 458 1,099 1,557 F $10.10 460 1,192 1,652 F 0700 - 0800 $15.00 353 1,244 1,597 F $15.00 394 1,363 1,757 F $15.75 387 1,365 1,752 F $13.95 385 1,335 1,720 F $7.95 357 1,238 1,595 F 0800 - 0900 $10.10 279 1,291 1,570 F $10.10 274 1,447 1,721 F $10.10 267 1,438 1,705 F $10.85 290 1,414 1,704 F $6.95 256 1,269 1,525 F 0900 - 1000 $6.95 205 951 1,156 D $7.95 238 1,194 1,432 F $6.95 214 1,142 1,356 F $7.95 214 1,142 1,356 F $4.20 212 907 1,119 D 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 $9.45 488 1,002 1,490 F $9.45 467 1,022 1,489 F $9.45 504 1,076 1,580 F $9.45 161 226 387 A $5.30 4 37 41 A 0500 - 0600 $21.90 539 881 1,420 F $21.45 660 906 1,566 F $18.40 529 722 1,251 E $18.15 291 614 905 C $10.85 23 105 128 A 0600 - 0700 $20.20 428 966 1,394 F $18.10 369 828 1,197 D $18.05 477 1,021 1,498 F $18.05 572 983 1,555 F $10.10 49 306 355 A 0700 - 0800 $15.00 359 1,356 1,715 F $15.00 412 1,275 1,687 F $15.75 384 1,278 1,662 F $13.95 474 1,322 1,796 F $7.95 64 340 404 B 0800 - 0900 $10.10 285 1,450 1,735 F $10.10 193 770 963 C $10.10 275 1,483 1,758 F $10.85 282 1,328 1,610 F $6.95 65 347 412 B 0900 - 1000 $6.95 217 1,061 1,278 E $7.95 243 1,293 1,536 F $6.95 199 1,203 1,402 F $7.95 224 1,260 1,484 F $4.20 61 377 438 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 0400 - 0500 $9.45 519 1,064 1,583 F $9.45 469 1,028 1,497 F $9.45 506 1,095 1,601 F $9.05 506 1,175 1,681 F $5.30 432 727 1,159 D 0500 - 0600 $21.90 586 836 1,422 F $21.45 653 906 1,559 F $18.40 553 757 1,310 E $10.45 554 791 1,345 E $9.65 470 922 1,392 F 0600 - 0700 $20.20 445 947 1,392 F $18.10 406 870 1,276 E $18.05 507 1,071 1,578 F $9.70 447 1,135 1,582 F $9.05 482 1,174 1,656 F 0700 - 0800 $15.00 399 1,327 1,726 F $15.00 401 1,337 1,738 F $15.75 411 1,255 1,666 F $11.05 404 1,124 1,528 F $8.00 346 1,134 1,480 F 0800 - 0900 $10.10 279 1,407 1,686 F $10.10 261 1,446 1,707 F $10.10 273 1,448 1,721 F $9.60 290 1,367 1,657 F $5.30 195 1,119 1,314 E 0900 - 1000 $6.95 199 1,083 1,282 E $7.95 207 1,282 1,489 F $6.95 248 1,213 1,461 F $6.95 204 1,184 1,388 F $4.20 146 768 914 C 08/08/19 Friday 08/09/19Monday08/05/19 Tuesday 08/06/19 Wednesday 08/07/19 Wednesday 07/31/19 Thursday 08/01/19 Friday 08/02/19Monday07/29/19 Tuesday 07/30/19 Thursday Monday 08/19/19 Tuesday 08/20/19 Wednesday 08/21/19 Wednesday 08/14/19 Thursday 08/15/19 Friday 08/16/19Monday08/12/19 Tuesday 08/13/19 Thursday 08/22/19 Friday 08/23/19 08/29/19 Friday 08/30/19Monday08/26/19 Tuesday 08/27/19 Wednesday 08/28/19 Thursday 39 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 $5.30 273 647 920 C $2.95 207 614 821 C 0500 - 0600 $14.15 410 1,034 1,444 F $6.85 304 708 1,012 D 0600 - 0700 $14.50 338 1,010 1,348 E $6.85 275 1,021 1,296 E 0700 - 0800 $11.40 225 1,054 1,279 E $6.85 201 898 1,099 D 0800 - 0900 $8.85 159 966 1,125 D $5.30 154 758 912 C 0900 - 1000 $5.30 181 791 972 C $2.95 168 630 798 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 $6.85 308 756 1,064 D $5.30 262 699 961 C $5.30 290 695 985 C $5.30 281 671 952 C $2.95 237 606 843 C 0500 - 0600 $18.00 391 1,011 1,402 F $17.25 408 1,018 1,426 F $15.55 413 1,001 1,414 F $14.15 401 928 1,329 E $6.85 330 814 1,144 D 0600 - 0700 $19.35 332 1,004 1,336 E $17.55 351 1,049 1,400 E $19.65 363 1,002 1,365 E $14.50 360 1,056 1,416 F $6.85 301 899 1,200 D 0700 - 0800 $12.80 210 1,031 1,241 E $13.45 233 1,079 1,312 E $12.45 205 1,071 1,276 E $11.40 202 1,015 1,217 E $6.85 190 907 1,097 D 0800 - 0900 $8.85 177 929 1,106 D $8.85 161 987 1,148 D $6.85 163 987 1,150 D $8.85 171 966 1,137 D $5.30 163 803 966 C 0900 - 1000 $5.30 159 726 885 C $5.30 150 789 939 C $5.30 163 797 960 C $5.30 165 760 925 C $2.95 157 637 794 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 $6.85 266 729 995 C $5.30 291 678 969 C $5.30 282 699 981 C $5.30 283 672 955 C $2.95 226 601 827 C 0500 - 0600 $18.00 371 1,040 1,411 F $17.25 272 601 873 C $15.55 441 982 1,423 F $14.15 395 1,041 1,436 F $6.85 326 838 1,164 D 0600 - 0700 $19.35 305 911 1,216 E $17.55 378 1,030 1,408 F $19.65 325 974 1,299 E $14.50 331 955 1,286 E $6.85 269 917 1,186 D 0700 - 0800 $12.80 182 956 1,138 D $13.45 254 1,208 1,462 F $12.45 209 1,033 1,242 E $11.40 192 1,053 1,245 E $6.85 188 926 1,114 D 0800 - 0900 $8.85 169 1,042 1,211 E $8.85 180 1,129 1,309 E $6.85 142 1,100 1,242 E $8.85 172 1,043 1,215 E $5.30 151 892 1,043 D 0900 - 1000 $5.30 156 770 926 C $5.30 129 923 1,052 D $5.30 114 883 997 C $5.30 128 866 994 C $2.95 118 693 811 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 $6.85 281 744 1,025 D $5.30 267 676 943 C $5.30 259 701 960 C $5.30 113 203 316 A $2.95 2 9 11 A 0500 - 0600 $18.00 417 1,067 1,484 F $17.25 438 1,053 1,491 F $15.55 441 1,054 1,495 F $14.15 2 24 26 A $6.85 11 37 48 A 0600 - 0700 $19.35 328 972 1,300 E $17.55 361 997 1,358 E $19.65 379 1,002 1,381 E $14.50 298 755 1,053 D $6.85 18 95 113 A 0700 - 0800 $12.80 198 999 1,197 D $13.45 228 1,140 1,368 E $12.45 250 1,177 1,427 F $11.40 271 1,112 1,383 E $6.85 15 100 115 A 0800 - 0900 $8.85 168 1,021 1,189 D $8.85 114 682 796 B $6.85 151 1,129 1,280 E $8.85 181 1,290 1,471 F $5.30 37 141 178 A 0900 - 1000 $5.30 102 775 877 C $5.30 127 1,028 1,155 D $5.30 126 903 1,029 D $5.30 133 967 1,100 D $2.95 33 151 184 A 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 0400 - 0500 $6.85 289 720 1,009 D $5.30 263 648 911 C $5.30 314 704 1,018 D $5.30 292 709 1,001 D $2.95 233 571 804 C 0500 - 0600 $18.00 432 1,010 1,442 F $17.25 390 964 1,354 E $15.55 420 1,055 1,475 F $8.85 419 940 1,359 E $6.85 323 817 1,140 D 0600 - 0700 $19.35 387 992 1,379 E $17.55 373 1,059 1,432 F $19.65 405 1,055 1,460 F $8.85 371 1,149 1,520 F $6.85 293 875 1,168 D 0700 - 0800 $12.80 240 1,087 1,327 E $13.45 287 1,201 1,488 F $12.45 257 1,203 1,460 F $8.85 271 1,148 1,419 F $5.30 202 899 1,101 D 0800 - 0900 $8.85 158 1,083 1,241 E $8.85 180 1,225 1,405 F $6.85 156 1,126 1,282 E $8.85 170 1,161 1,331 E $5.30 137 820 957 C 0900 - 1000 $5.30 108 811 919 C $5.30 108 911 1,019 D $5.30 123 875 998 C $5.30 120 857 977 C $2.95 86 593 679 B Thursday 08/01/19 Friday 08/02/19Monday07/29/19 Tuesday 07/30/19 Wednesday 07/31/19 Monday 08/12/19 Tuesday 08/13/19 Wednesday 08/14/19 Wednesday 08/07/19Monday08/05/19 Tuesday 08/06/19 Thursday 08/15/19 Friday 08/16/19 Thursday 08/08/19 Friday 08/09/19 Wednesday 08/21/19 Thursday 08/22/19 Friday 08/23/19Monday08/19/19 Tuesday 08/20/19 Monday 08/26/19 Tuesday 08/27/19 Wednesday 08/28/19 Thursday 08/29/19 Friday 08/30/19 40 18 RCTC O P ERATIONAL HIGHLIGHTS On-road Operations RCTC Freeway Service Patrol (FSP) responded to 103 calls during the month of August. Of those calls, 84 were to assist disabled vehicles, 7 were to remove debris, 12 were in response to accidents. 6C Transponder Technology Planning for the transition to the new transponder technology is underway. The lane systems have been upgraded. The new sticker transponders have been received and will be distributed after OCTA completes the upgrade of their lane system. Changes to the back-office system to process the new transponders and make changes to the customer account plan are being finalized and will be released to the customer once both the RCTC and OCTA lane system upgrades are performed. A series of customer communication has been prepared to facilitate the process for providing the new transponders to customers. 41 19 FINANCIAL HIGHLIGHTS RCTC 42 20 JOINT AGENCY TRIP AN D REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING August 31, 2019 August-19 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 725,771 464,748 64%1,860,018$ RCTC 757,662 464,748 61%3,624,544$ I-15 316,208 201,477 64%1,495,543$ McKinley 441,454 263,271 60%2,129,001$ Eastbound OCTA 819,960 457,372 56%2,811,143$ RCTC 644,419 457,372 71%2,008,980$ I-15 237,205 180,851 76%506,403$ McKinley 407,214 276,521 68%1,502,576$ 64%56%61%71% - 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 43 21 JOINT AGENCY PERFORMANCE MEASURES JOINT AGENCY TRANSPONDER DISTRIBU TION Aug-19 Performance CUSTOMER SERVICE **Call Wait Time Monthly Not to exceed 2 minutes 3:45 **Abandon Rate Monthly No more than 4.0% 5.5% Customer Satisfaction Monthly At least 75 outbound calls 76 VIOLATION PROCESSING Response Time Monthly Within 2 business days of receipt 0.6 CUSA Violation Collection Rate Quarterly 70% or more 70% CUSA Violation Collection Rate Annually 74% or more 70% TRAFFIC OPERATIONS Initial & Secondary Reviews Monthly Equal to or less than 15 days 0.8 *Plate Misread Errors Monthly Equal to or less than 0.4% 0.01% CAS Response Time Monthly 0:20 (minutes) per call 0:14 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 * 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. **In August 2019 the CSC received 5,918 (+9%) more calls compared to the same time last year. The increase in call volumes is attributed to TCA’s implementation of their 6C transponder program. OCTA Exceptions RCTC Exceptions REPORTING REQUIREMENT Reporting P eriod PERFORMANCE STANDARD Tags % of Total Tags % of Total Issued To New Accounts 1,586 52.1% 1,442 46.9% 1,514 49.5% Additional Tags to Existing Accounts 889 29.2%919 29.9%904 29.6% Replacement Transponders 567 18.6%713 23.2%640 20.9% Total Issued 3,042 3,074 3,058 Returned Account Closures 440 39.9%505 37.3%473 38.4% Accounts Downsizing 114 10.3%169 12.5%142 11.5% Defective Transponders 550 49.8%680 50.2%615 50.0% Total Returned 1,104 1,354 1,229 FY 2019-20TRANSPONDER DISTRIBUTION August-19 July-19 Average To-Date 44 22 At the end of August 2019, the 91 Express Lanes had 149,344 active customer accounts, and 227,580 transponders classified as Assigned. Number of Accounts by Fiscal Year As of August 31, 2019 Incoming Email Activity During August, the Anaheim Processing Center received 3,918 emails. 114,556 114,138 112,584 112,473 112,929 113,672 116,813 119,782 130,048 140,694 148,054 149,344 60,000 70,000 80,000 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 Fiscal Year 45 Orange County Transportation Authority Riverside County Transportation Commission Status Report September 2019 As of September 30, 2019 ATTACHMENT 3 46 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 ................................................................................................... 13 RCTC Westbound Peak-Hour Volumes ................................................................................................. 15 RCTC Operational Highlights .............................................................................................................17 Financial Highlights RCTC ................................................................................................................. 18 Joint Agency Trip and Revenue Statistics .............................................................................................. 19 Joint Agency Traffic Statistics ............................................................................................................... 19 Joint Agency Performance Measures .................................................................................................... 20 Joint Agency Transponder Distribution ................................................................................................. 20 Incoming Email Activity ...................................................................................................................... 21 47 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATISTICS FOR OCTA Total traffic volume on the OCTA 91 Express Lanes for September 2019 was 1,477,581. This represents a daily average of 49,253. This is a 4.2% increase in total traffic volume from the same period last year, which totaled 1,417,450. Potential toll revenue for the month was $4,440,347, which represents an increase of 6.5% from the prior year’s total of $4,169,154. Carpool percentage for the month was 25.86% as compared to the previous year’s rate of 25.97%. 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 September 2019. Current Month-to-Date (MTD) as of September 30, 2019 Trips Sep-19 MTD Actual Stantec MTD Projected # Variance % Variance Sep-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,095,487 1,092,774 2,713 0.2% 1,049,290 4.4% 3+ Lanes 382,094 296,879 85,215 28.7% 368,160 3.8% Total Gross Trips 1,477,581 1,389,653 87,928 6.3% 1,417,450 4.2% Revenue Full Toll Lanes $4,373,645 $4,572,414 ($198,769) (4.3%)$4,104,552 6.6% 3+ Lanes $66,703 $83,394 ($16,691) (20.0%)$64,603 3.3% Total Gross Revenue $4,440,347 $4,655,808 ($215,460) (4.6%)$4,169,154 6.5% Average Revenue per Trip Average Full Toll Lanes $3.99 $4.18 ($0.19) (4.5%)$3.91 2.0% Average 3+ Lanes $0.17 $0.28 ($0.11) (39.3%)$0.18 (5.6%) Average Gross Revenue $3.01 $3.35 ($0.34) (10.1%)$2.94 2.4% 48 4 The 2020 fiscal year-to-date traffic volume increased by 2.3% and potential toll revenue increased by 2.9%, 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 2019 through September 2019. FY 2019-20 Year to Date as of September 30, 2019 Trips FY 2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 3,332,174 3,315,930 16,244 0.5% 3,280,307 1.6% 3+ Lanes 1,237,000 1,040,432 196,568 18.9% 1,187,420 4.2% Total Gross Trips 4,569,174 4,356,362 212,812 4.9% 4,467,727 2.3% Revenue Full Toll Lanes $13,331,495 $13,828,769 ($497,274) (3.6%)$12,944,382 3.0% 3+ Lanes $218,945 $252,085 ($33,140) (13.1%)$228,306 (4.1%) Total Gross Revenue $13,550,440 $14,080,854 ($530,414) (3.8%)$13,172,688 2.9% Average Revenue per Trip Average Full Toll Lanes $4.00 $4.17 ($0.17) (4.1%)$3.95 1.3% Average 3+ Lanes $0.18 $0.24 ($0.06) (25.0%)$0.19 (5.3%) Average Gross Revenue $2.97 $3.23 ($0.26) (8.0%)$2.95 0.7% 49 5 O CTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. 1,102,555 1,134,132 1,095,487 443,307 411,599 382,094 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-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Volume Month FY 2019-20 Traffic Volume Overview Full Toll Lanes 3+ Lanes $4,362,568 $4,595,283 $4,373,645 $76,363 $75,879 $66,703 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Revenue Month FY 2019-20 Revenue Summary Full Toll Lanes 3+ Lanes 50 6 Peak traffic hour in the eastbound direction reached or exceeded 90% or more of defined capacity 17 times during the month of September 2019. As demonstrated on the next chart, westbound peak hour traffic volumes top out at 81% of defined capacity. OCTA EASTBOUND PEAK -HOUR VOLUMES 51 7 OCTA WESTBOUND PEAK -HOUR VOLUMES AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $1.70 48 110 3%$3.05 825 2,582 76%$3.05 903 2,650 78%$3.05 879 2,633 77%$3.05 741 2,099 62% 0500 - 0600 $1.70 77 217 6%$4.95 946 2,671 79%$4.95 942 2,490 73%$4.95 861 2,375 70%$4.70 836 2,459 72% 0600 - 0700 $2.50 63 200 6%$5.15 610 2,059 61%$5.15 657 2,178 64%$5.15 715 2,219 65%$4.95 674 2,245 66% 0700 - 0800 $2.50 150 353 10%$5.65 514 2,237 66%$5.65 461 2,149 63%$5.65 505 2,292 67%$5.50 444 2,061 61% 0800 - 0900 $2.50 239 638 19%$5.15 323 2,244 66%$5.15 314 2,269 67%$5.15 345 2,226 65%$4.95 293 1,996 59% 0900 - 1000 $3.70 449 1,008 30%$4.10 314 2,292 67%$4.10 285 2,312 68%$4.10 294 2,118 62%$4.10 305 1,848 54% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.05 875 2,669 79%$3.05 831 2,581 76%$3.05 871 2,531 74%$3.05 881 2,543 75%$3.05 761 2,094 62% 0500 - 0600 $4.95 934 2,547 75%$4.95 1002 2,766 81%$4.95 975 2,613 77%$4.95 948 2,589 76%$4.70 845 2,453 72% 0600 - 0700 $5.15 651 2,129 63%$5.15 595 2,022 59%$5.15 676 2,238 66%$5.15 699 2,295 68%$4.95 633 2,196 65% 0700 - 0800 $5.65 487 2,283 67%$5.65 508 2,216 65%$5.65 499 2,176 64%$5.65 506 2,279 67%$5.50 457 1,974 58% 0800 - 0900 $5.15 295 2,120 62%$5.15 311 2,067 61%$5.15 333 2,226 65%$5.15 313 2,319 68%$4.95 325 1,948 57% 0900 - 1000 $4.10 293 2,130 63%$4.10 282 2,159 64%$4.10 285 2,162 64%$4.10 305 2,212 65%$4.10 262 1,752 52% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.05 863 2,649 78%$3.05 849 2,579 76%$3.05 927 2,690 79%$3.05 850 2,532 74%$3.05 734 2,052 60% 0500 - 0600 $4.95 923 2,511 74%$4.95 1034 2,723 80%$4.95 914 2,478 73%$4.95 934 2,466 73%$4.70 887 2,507 74% 0600 - 0700 $5.15 666 2,172 64%$5.15 624 2,054 60%$5.15 674 2,129 63%$5.15 665 2,226 65%$4.95 653 2,259 66% 0700 - 0800 $5.65 476 2,230 66%$5.65 482 2,262 67%$5.65 534 2,342 69%$5.65 494 2,283 67%$5.50 427 1,963 58% 0800 - 0900 $5.15 281 2,056 60%$5.15 336 2,291 67%$5.15 305 2,283 67%$5.15 328 2,229 66%$4.95 292 1,915 56% 0900 - 1000 $4.10 278 2,016 59%$4.10 289 2,285 67%$4.10 276 2,208 65%$4.10 310 2,230 66%$4.10 291 1,870 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 $3.05 870 2,637 78%$3.05 797 2,689 79%$3.05 837 2,639 78%$3.05 881 2,606 77%$3.05 749 2,148 63% 0500 - 0600 $4.95 747 2,274 67%$4.95 932 2,712 80%$4.95 816 2,492 73%$4.95 884 2,554 75%$4.70 759 2,303 68% 0600 - 0700 $5.15 541 1,984 58%$5.15 627 2,063 61%$5.15 633 2,236 66%$5.15 651 2,204 65%$4.95 659 2,323 68% 0700 - 0800 $5.65 460 2,138 63%$5.65 438 2,213 65%$5.65 453 2,211 65%$5.65 477 2,194 65%$5.50 457 2,039 60% 0800 - 0900 $5.15 325 2,142 63%$5.15 284 2,133 63%$5.15 288 2,351 69%$5.15 274 2,242 66%$4.95 292 1,800 53% 0900 - 1000 $4.10 258 2,089 61%$4.10 312 2,337 69%$4.10 256 2,255 66%$4.10 269 2,168 64%$4.10 387 1,785 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 $3.05 877 2,689 79% 0500 - 0600 $4.95 822 2,504 74% 0600 - 0700 $5.15 622 2,071 61% 0700 - 0800 $5.65 415 2,038 60% 0800 - 0900 $5.15 270 2,047 60% 0900 - 1000 $4.10 307 2,049 60% Thursday 10/03/19 Friday 10/04/19 Thursday 09/26/19 Friday 09/27/19 Monday 09/30/19 Tuesday 10/01/19 Wednesday 10/02/19 Thursday 09/19/19 Friday 09/20/19 Monday 09/23/19 Tuesday 09/24/19 Wednesday 09/25/19 Thursday 09/12/19 Friday 09/13/19 Monday 09/16/19 Tuesday 09/17/19 Wednesday 09/18/19 Thursday 09/05/19 Friday 09/06/19 Monday 09/09/19 Tuesday 09/10/19 Wednesday 09/11/19 Monday 09/02/19 Tuesday 09/03/19 Wednesday 09/04/19 52 8 OCTA OPERATIONAL HIGHLIGHTS On-road Operations OCTA Customer Assistance Specialists (CAS) responded to 91 calls during the month of September. Of those calls, 77 were to assist disabled vehicles and 7 call to remove debris. There were 7 accidents in the Express Lanes and 1 of those accidents originated in the SR91 general-purpose lanes that affected the Express 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 com pleted installation of the lane system on the westbound gantries during a 55-hour closure on the weekend of August 23rd. The eastbound lane system installation is targeted for the weekend of October 4 th. 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 complet ed. 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 prot ocol 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. 53 9 FINANCIAL HIGHLIGHTS OCTA Capital Asset Activity During the three months ending September 30, 2019, capital asset activities included $5,920 for the computer equipment and $97,358 for transponder purchases. 54 10 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the RCTC 91 Express Lanes for September 2019 was 1,300,290. This represents a daily average of 43,343. This is a 5.1% increase in total traffic volume from the same period last year, which totaled 1,237,747. Potential toll revenue for the month was $5,361,366, which represents an increase of 24.5% from the prior year’s total of $4,307,975. Carpool percentage for the month was 24.29% as compared to the previous year’s rate of 23.83%. 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 September 2019. Current Month-to-Date (MTD) as of September 30, 2019 Trips SEP-19 MTD Actual Stantec MTD Projected # Variance % Variance SEP-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 984,484 976,886 7,598 0.8% 942,845 4.4% 3+ Lanes 315,806 303,000 12,806 4.2% 294,902 7.1% Total Gross Trips 1,300,290 1,279,886 20,404 1.6% 1,237,747 5.1% Revenue Full Toll Lanes $5,326,713 $3,809,843 $1,516,870 39.8% $4,278,176 24.5% 3+ Lanes $34,653 $0 $34,653 $29,799 16.3% Total Gross Revenue $5,361,366 $3,809,843 $1,551,523 40.7% $4,307,975 24.5% Average Revenue per Trip Average Full Toll Lanes $5.41 $3.90 $1.51 38.7% $4.54 19.2% Average 3+ Lanes $0.11 $0.00 $0.11 $0.10 10.0% Average Gross Revenue $4.12 $2.98 $1.14 38.3% $3.48 18.4% 55 11 The 2020 fiscal year-to-date (YTD) traffic volume is 3.3% higher when compared with the same period last year. The 2020 fiscal year-to-date revenue is 18.4% 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 $4.05. 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 2019 through September 2019. FY 2019-20 Year to Date as of September 30, 2019 Trips FY 2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 2,985,890 3,012,800 (26,910)(0.9%)2,944,870 1.4% 3+ Lanes 1,031,571 976,143 55,428 5.7%944,106 9.3% Total Gross Trips 4,017,461 3,988,943 28,518 0.7%3,888,976 3.3% Revenue Full Toll Lanes $16,129,189 $11,740,443 $4,388,746 37.4%$13,622,632 18.4% 3+ Lanes $123,001 $0 $123,001 $107,755 14.1% Total Gross Revenue $16,252,190 $11,740,443 $4,511,747 38.4%$13,730,387 18.4% Average Revenue per Trip Average Full Toll Lanes $5.40 $3.90 $1.50 38.5%$4.63 16.6% Average 3+ Lanes $0.12 $0.00 $0.12 $0.11 9.1% Average Gross Revenue $4.05 $2.94 $1.11 37.8%$3.53 14.7% 56 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. 57 13 RCTC PEAK -HOUR VOLUMES RCTC evaluates traffic volumes for peak period hours where Express Lanes performance is degraded quarterly and either increases or decreases tolls. The next quarterly adjustment is scheduled for January 1, 2020. RCTC E ASTBOUND PEAK -HOUR VOLUMES 58 14 59 15 RCTC W ESTBOUND PEAK -HOUR VOLUMES 60 16 61 17 RCTC O P ERATIONAL HIGHLIGHTS On-road Operations RCTC Freeway Service Patrol (FSP) responded to 85 calls during the month of September. Of those calls, 71 were to assist disabled vehicles, 6 were to remove debris, and 8 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. Changes to the back-office system to process the new transponders and make changes to the customer account plan s are being finalized and will be released to the customer along with the new sticker transponders in December of this year. A series of customer communication has been developed and will be mailed or emailed to customers over a period of several months. 62 18 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement 9/30/2019 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 15,169,825.81$ 9,147,275.00$ 6,022,550.81$ 65.8 Fee Revenue 2,009,382.91 1,320,075.00 689,307.91 52.2 Total operating revenues 17,179,208.72 10,467,350.00 6,711,858.72 64.1 Operating expenses: Salaries and Benefits 241,854.05 338,350.00 96,495.95 28.5 Legal Services 36,291.03 87,500.00 51,208.97 58.5 Advisory Services 3,008.33 18,750.00 15,741.67 84.0 Audit and Accounting Fees - 11,750.00 11,750.00 100.0 Service Fees (567.66) 2 6,500.00 7,067.66 108.7 Other Professional Services (11,452.10) 2 368,975.00 380,427.10 103.1 Lease Expense 56,465.41 64,125.00 7,659.59 11.9 Operations 950,662.70 907,125.00 (43,537.70) (4.8) Utilities (1,229.96) 2 15,625.00 16,854.96 107.9 Supplies and Materials 178.95 1,250.00 1,071.05 85.7 Membership and Subscription Fees 6,148.25 6,250.00 101.75 1.6 Office Equipment & Furniture (Non-Capital)- 1,250.00 1,250.00 100.0 Maintenance/Repairs 45,290.68 87,450.00 42,159.32 48.2 Training Seminars and Conferences - 1,125.00 1,125.00 100.0 Transportation Expenses 79.84 1,875.00 1,795.16 95.7 Lodging 840.90 1,750.00 909.10 51.9 Meals 302.88 250.00 (52.88) (21.2) Other Staff Expenses 123.00 250.00 127.00 50.8 Advertising (2,950.50) 2 47,500.00 50,450.50 106.2 Program Management 13,773.73 - (13,773.73) N/A Program Operations 1,927,759.33 2,664,175.00 736,415.67 27.6 Litigation Settlement - 2,500.00 2,500.00 100.0 Furniture & Equipment (0.16) 2 187,500.00 187,500.16 100.0 Improvements 16,032.27 4,025.00 (12,007.27) (298.3) Bad Debt Expense (1.40) - 1.40 N/A Total operating expenses 3,282,609.57 4,825,850.00 1,543,240.43 32.0 Operating income (loss)13,896,599.15 5,641,500.00 8,255,099.15 146.3 Nonoperating revenues (expenses): Interest Revenue 578,455.37 380,525.00 197,930.37 (52.0) Other Miscellaneous Revenue 580,497.11 - 580,497.11 N/A Interest Expense (5,393,267.00) (1,779,975.00) (3,613,292.00) 203.0 Total nonoperating revenues (expenses)(4,234,314.52) (1,399,450.00) (2,834,864.52) (202.6) Transfers In - - - N/A Transfers Out - (764,875.00) 764,875.00 (100.0) Net income (loss)9,662,284.63$ 3,477,175.00$ 6,185,109.63$ 177.9 1 Unaudited 2 Negatives are the result of FY2018/19 accruals YTD as of : YTD Variance Actual1 63 19 JOINT AGENCY TRIP AND REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING September 30, 2019 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 723,414 473,075 65%1,854,653$ RCTC 712,047 473,075 66%3,536,922$ I-15 306,579 208,441 68%1,534,134$ McKinley 405,468 264,634 65%2,002,788$ Eastbound OCTA 754,167 420,146 56%2,585,695$ RCTC 588,243 420,146 71%1,824,444$ I-15 220,731 168,220 76%473,835$ McKinley 367,512 251,926 69%1,350,609$ 64 20 JOINT AGENCY PERFORMANCE MEASURES JOINT AGENCY TRANSPONDER DISTRIBUTION 65 21 At the end of September 2019, the 91 Express Lanes had 149,806 active customer accounts, and 228,436 transponders classified as Assigned. Number of Accounts by Fiscal Year As of September 30, 2019 Incoming Email Activity During September, the Anaheim Processing Center received 3,608 emails. 66 Orange County Transportation Authority Riverside County Transportation Commission Status Report October 2019 As of October 31, 2019 ATTACHMENT 4 67 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 .....................................................................................13 RCTC Westbound Peak-Hour Volumes ....................................................................................15 RCTC Operational Highlights ....................................................................................................17 Financial Highlights RCTC ........................................................................................................18 Joint Agency Trip and Revenue Statistics .................................................................................19 Joint Agency Traffic Statistics ...................................................................................................19 Joint Agency Performance Measures ........................................................................................20 Joint Agency Transponder Distribution ......................................................................................20 Incoming Email Activity .............................................................................................................21 68 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATISTICS FOR OCTA Total traffic volume on the OCTA 91 Express Lanes for October 2019 was 1,527,291. This represents a daily average of 49,267. This is a 1.5% increase in total traffic volume from the same period last year, which totaled 1,505,256. Potential toll revenue for the month was $4,789,084, which represents an increase of 5.1% from the prior year’s total of $4,557,905. Carpool percentage for the month was 23.54% as compared to the previous year’s rate of 24.57%. Month-to-date traffic and revenue data is 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 October 2019. Current Month-to-Date (MTD) as of October 31, 2019 Trips Oct-19 MTD Actual Stantec MTD Projected # Variance % Variance Oct-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,167,703 1,154,999 12,704 1.1% 1,135,413 2.8% 3+ Lanes 359,588 313,294 46,294 14.8% 369,843 (2.8%) Total Gross Trips 1,527,291 1,468,293 58,998 4.0% 1,505,256 1.5% Revenue Full Toll Lanes $4,718,326 $4,782,171 ($63,845) (1.3%)$4,480,483 5.3% 3+ Lanes $70,758 $87,220 ($16,461) (18.9%)$77,422 (8.6%) Total Gross Revenue $4,789,084 $4,869,390 ($80,306) (1.6%)$4,557,905 5.1% Average Revenue per Trip Average Full Toll Lanes $4.04 $4.14 ($0.10) (2.4%)$3.95 2.3% Average 3+ Lanes $0.20 $0.28 ($0.08) (28.6%)$0.21 (4.8%) Average Gross Revenue $3.14 $3.32 ($0.18) (5.4%)$3.03 3.6% 69 4 The 2020 fiscal year-to-date traffic volume increased by 2.1% and potential toll revenue increased by 3.4%, when compared with the same period last year. Year-to-date average revenue per-trip is $3.01. 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 2019 through October 2019. FY 2019-20 Year to Date as of October 31, 2019 Trips FY 2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 4,499,877 4,470,930 28,947 0.6% 4,415,720 1.9% 3+ Lanes 1,596,588 1,353,726 242,862 17.9% 1,557,263 2.5% Total Gross Trips 6,096,465 5,824,655 271,810 4.7% 5,972,983 2.1% Revenue Full Toll Lanes $18,049,821 $18,610,940 ($561,119) (3.0%)$17,424,865 3.6% 3+ Lanes $289,703 $339,304 ($49,601) (14.6%)$305,727 (5.2%) Total Gross Revenue $18,339,524 $18,950,244 ($610,720) (3.2%)$17,730,593 3.4% Average Revenue per Trip Average Full Toll Lanes $4.01 $4.16 ($0.15) (3.6%)$3.95 1.5% Average 3+ Lanes $0.18 $0.25 ($0.07) (28.0%)$0.20 (10.0%) Average Gross Revenue $3.01 $3.25 ($0.24) (7.4%)$2.97 1.3% 70 5 O CTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. 1,102,555 1,134,132 1,095,487 1,167,703 443,307 411,599 382,094 359,588 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-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Volume Month FY 2019-20 Traffic Volume Overview Full Toll Lanes 3+ Lanes 71 6 Peak traffic hour in the eastbound direction reached or exceeded 90% or more of defined capacity 21 times during the month of October 2019. As demonstrated on the next chart, westbound peak hour traffic volumes top out at 85% of defined capacity. OCTA EASTBOUND PEAK -HOUR VOLUMES 72 7 OCTA WESTBOUND PEAK -HOUR VOLUMES AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.05 799 2,667 78%$3.05 820 2,513 74%$3.05 839 2,585 76%$3.05 716 2,037 60% 0500 - 0600 $4.95 892 2,629 77%$4.95 894 2,761 81%$4.95 919 2,650 78%$4.70 824 2,429 71% 0600 - 0700 $5.15 603 2,088 61%$5.15 632 1,930 57%$5.15 659 1,994 59%$4.95 609 2,103 62% 0700 - 0800 $5.65 426 2,159 64%$5.65 470 2,214 65%$5.65 418 2,139 63%$5.50 418 1,962 58% 0800 - 0900 $5.15 262 2,080 61%$5.15 271 2,127 63%$5.15 283 2,090 61%$4.95 280 1,999 59% 0900 - 1000 $4.10 300 2,182 64%$4.10 285 2,072 61%$4.10 241 2,090 61%$4.10 288 1,894 56% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.05 858 2,656 78%$3.05 778 2,617 77%$3.05 869 2,617 77%$3.05 796 2,529 74%$3.05 696 2,233 66% 0500 - 0600 $4.95 910 2,592 76%$4.95 884 2,615 77%$4.95 858 2,644 78%$4.95 879 2,748 81%$4.70 795 2,811 83% 0600 - 0700 $5.15 516 1,733 51%$5.15 622 2,029 60%$5.15 651 1,988 58%$5.15 602 1,965 58%$4.95 621 2,413 71% 0700 - 0800 $5.65 437 2,117 62%$5.65 458 2,166 64%$5.65 500 2,237 66%$5.65 471 2,192 64%$5.50 451 2,138 63% 0800 - 0900 $5.15 297 2,207 65%$5.15 250 2,064 61%$5.15 298 2,118 62%$5.15 258 2,112 62%$4.95 264 1,870 55% 0900 - 1000 $4.10 300 2,137 63%$4.10 259 2,117 62%$4.10 288 2,138 63%$4.10 270 2,090 61%$4.10 303 1,868 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 $3.05 793 2,588 76%$3.05 816 2,637 78%$3.05 800 2,639 78%$3.05 802 2,659 78%$3.05 637 2,077 61% 0500 - 0600 $4.95 759 2,356 69%$4.95 888 2,657 78%$4.95 881 2,785 82%$4.95 881 2,717 80%$4.70 787 2,504 74% 0600 - 0700 $5.15 562 1,897 56%$5.15 562 2,021 59%$5.15 657 2,058 61%$5.15 618 1,954 57%$4.95 636 2,103 62% 0700 - 0800 $5.65 428 2,067 61%$5.65 497 2,231 66%$5.65 443 2,208 65%$5.65 438 2,206 65%$5.50 411 1,868 55% 0800 - 0900 $5.15 276 1,839 54%$5.15 255 2,073 61%$5.15 297 2,166 64%$5.15 287 2,128 63%$4.95 266 1,953 57% 0900 - 1000 $4.10 312 1,773 52%$4.10 286 2,249 66%$4.10 250 1,981 58%$4.10 251 2,075 61%$4.10 254 1,658 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 $3.05 783 2,593 76%$3.05 708 2,526 74%$3.05 799 2,609 77%$3.05 778 2,545 75%$3.05 561 1,825 54% 0500 - 0600 $4.95 840 2,537 75%$4.95 904 2,681 79%$4.95 811 2,645 78%$4.95 865 2,731 80%$4.70 722 2,439 72% 0600 - 0700 $5.15 598 2,039 60%$5.15 581 1,979 58%$5.15 637 2,027 60%$5.15 640 2,166 64%$4.95 667 2,264 67% 0700 - 0800 $5.65 459 2,068 61%$5.65 431 2,196 65%$5.65 507 2,181 64%$5.65 415 2,081 61%$5.50 419 1,986 58% 0800 - 0900 $5.15 261 2,041 60%$5.15 290 2,209 65%$5.15 283 2,085 61%$5.15 270 2,019 59%$4.95 233 1,876 55% 0900 - 1000 $4.10 249 1,957 58%$4.10 202 2,048 60%$4.10 258 2,129 63%$4.10 262 2,101 62%$4.10 228 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 $3.05 794 2,608 77%$3.05 811 2,475 73%$3.05 840 2,623 77%$3.05 770 2,574 76% 0500 - 0600 $4.95 791 2,485 73%$4.95 907 2,721 80%$4.95 808 2,589 76%$4.95 876 2,885 85% 0600 - 0700 $5.15 603 2,053 60%$5.15 600 2,059 61%$5.15 661 1,937 57%$5.15 594 2,200 65% 0700 - 0800 $5.65 468 2,172 64%$5.65 445 2,131 63%$5.65 476 2,156 63%$5.65 405 2,124 62% 0800 - 0900 $5.15 274 2,102 62%$5.15 252 2,105 62%$5.15 307 2,241 66%$5.15 228 1,931 57% 0900 - 1000 $4.10 246 1,935 57%$4.10 261 2,141 63%$4.10 326 2,151 63%$4.10 202 1,778 52% Thursday 10/31/19 Friday 11/01/19 Thursday 10/24/19 Friday 10/25/19 Monday 10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 Thursday 10/17/19 Friday 10/18/19 Monday 10/21/19 Tuesday 10/22/19 Wednesday 10/23/19 Thursday 10/10/19 Friday 10/11/19 Monday 10/14/19 Tuesday 10/15/19 Wednesday 10/16/19 Thursday 10/03/19 Friday 10/04/19 Monday 10/07/19 Tuesday 10/08/19 Wednesday 10/09/19 Monday 09/30/19 Tuesday 10/01/19 Wednesday 10/02/19 73 8 OCTA OPERATIONAL HIGHLIGHTS On-road Operations OCTA Customer Assistance Specialists (CAS) responded to 123 calls during the month of October. Of those calls, 100 were to assist disabled vehicles and 15 to remove debris. There were 8 accidents in the Express Lanes and 2 of those accidents originated in the SR91 general-purpose lanes that affected the Express Lanes. Electronic Toll and Traffic Management System Project Update In October, Kapsch TrafficCom USA, Inc., (Kapsch), the toll lanes system integrator for the 91 Express Lanes, completed the replacement of the Electronic Toll and Traffic Management (ETTM) system at the current toll gantries. This new lane system will read the new 6C transponder protocol as well as the current Title 21 protocol. The next phase of the project, which begins next calendar year, entails the replacement of the closed- circuit television cameras along the corridor. New toll gantries will be constructed at the three entrances of the OCTA 91 Express Lanes after which Kapsch will install new ETTM equipment on the entrance gantries. 6C Transition Update In December and over the course of several months, the 91 Express Lanes will be sending letters to customers notifying them of the transition to the new 6C protocol, as well as changes to the account plans, user agreement and privacy policy. A new welcome kit, which includes mounting instructions, has been designed and developed and will be sent with the new sticker transponders commencing January 2020. It i s envisioned the distribution of the new transponders to all the customers will take place over several months. 74 9 FINANCIAL HIGHLIGHTS OCTA Capital Asset Activity During the four months ending October 31, 2019, capital asset activities included $5,920 for the computer equipment and $97,358 for transponder purchases. 75 10 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the RCTC 91 Express Lanes for October 2019 was 1,340,783. This represents a daily average of 43,251. This is a 2.2% increase in total traffic volume from the same period last year, which totaled 1,311,938. Potential toll revenue for the month was $6,346,763, which represents an increase of 29.2% from the prior year’s total of $4,913,634. Carpool percentage for the month was 19.93% as compared to the previous year’s rate of 22.73%. 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 October 2019. Current Month-to-Date (MTD) as of October 31, 2019 Trips OCT-19 MTD Actual Stantec MTD Projected # Variance % Variance OCT-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,073,571 1,034,686 38,885 3.8% 1,013,705 5.9% 3+ Lanes 267,212 313,543 (46,331)(14.8%)298,233 (10.4%) Total Gross Trips 1,340,783 1,348,229 (7,446)(0.6%)1,311,938 2.2% Revenue Full Toll Lanes $6,320,045 $4,098,986 $2,221,059 54.2% $4,878,737 29.5% 3+ Lanes $26,718 $0 $26,718 $34,897 (23.4%) Total Gross Revenue $6,346,763 $4,098,986 $2,247,777 54.8% $4,913,634 29.2% Average Revenue per Trip Average Full Toll Lanes $5.89 $3.96 $1.93 48.7% $4.81 22.5% Average 3+ Lanes $0.10 $0.00 $0.10 $0.12 (16.7%) Average Gross Revenue $4.73 $3.04 $1.69 55.6% $3.75 26.1% 76 11 The 2020 fiscal year-to-date (YTD) traffic volume is 3.0% higher when compared with the same period last year. The 2020 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 increased toll rates to manage the demand. Year-to-date average revenue per-trip is $4.22. 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 2019 through October 2019. FY 2019-20 Year to Date as of October 31, 2019 Trips FY 2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 4,059,461 4,047,486 11,975 0.3%3,958,575 2.5% 3+ Lanes 1,298,783 1,289,686 9,097 0.7%1,242,339 4.5% Total Gross Trips 5,358,244 5,337,171 21,073 0.4%5,200,914 3.0% Revenue Full Toll Lanes $22,449,234 $15,839,429 $6,609,806 41.7%$18,501,369 21.3% 3+ Lanes $149,718 $0 $149,718 $142,652 5.0% Total Gross Revenue $22,598,953 $15,839,429 $6,759,524 42.7%$18,644,021 21.2% Average Revenue per Trip Average Full Toll Lanes $5.53 $3.91 $1.62 41.4%$4.67 18.4% Average 3+ Lanes $0.12 $0.00 $0.12 $0.11 9.1% Average Gross Revenue $4.22 $2.97 $1.25 42.1%$3.58 17.9% 77 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. 78 13 RCTC PEAK -HOUR VOLUMES RCTC evaluates traffic volumes for peak period hours where Express Lanes performance is degraded quarterly and either increases or decreases tolls. Hours highlighted in green were increased and hours highlighted in red were decreased. Hours that are highlighted in yellow were flagged for continued evaluation. The next quarterly adjustment is scheduled for January 1, 2020. RCTC E ASTBOUND PEAK -HOUR VOLUMES 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 $6.95 238 1,042 1,280 E $9.00 256 1,048 1,304 F $11.85 262 1,176 1,438 F $21.00 288 1,137 1,425 F 1500 - 1600 $6.95 343 864 1,207 E $9.90 337 904 1,241 E $12.00 314 974 1,288 E $18.70 390 919 1,309 F 1600 - 1700 $5.30 190 939 1,129 D $5.30 194 986 1,180 D $7.50 196 887 1,083 D $10.45 235 932 1,167 D 1700 - 1800 $5.30 212 839 1,051 D $5.30 209 920 1,129 D $5.30 183 819 1,002 D $6.95 236 927 1,163 D 1800 - 1900 $5.30 288 816 1,104 D $5.30 297 858 1,155 D $5.30 276 882 1,158 D $5.30 339 972 1,311 F 1900 - 2000 $4.20 297 700 997 C $5.30 242 669 911 C $5.30 250 739 989 C $5.30 285 727 1,012 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 $5.30 216 883 1,099 D $6.95 242 998 1,240 E $9.00 223 1,054 1,277 E $11.85 256 1,084 1,340 F $21.00 387 1,309 1,696 F 1500 - 1600 $7.35 344 905 1,249 E $6.95 330 953 1,283 E $9.90 307 865 1,172 D $12.00 312 917 1,229 E $18.70 572 1,405 1,977 F 1600 - 1700 $5.30 195 928 1,123 D $5.30 180 929 1,109 D $5.30 194 852 1,046 D $7.50 158 770 928 C $10.45 359 1,432 1,791 F 1700 - 1800 $5.30 219 857 1,076 D $5.30 212 924 1,136 D $5.30 200 862 1,062 D $5.30 197 1,006 1,203 E $6.95 392 1,278 1,670 F 1800 - 1900 $5.30 263 769 1,032 D $5.30 289 913 1,202 E $5.30 287 787 1,074 D $5.30 265 856 1,121 D $5.30 294 948 1,242 E 1900 - 2000 $2.25 187 574 761 B $4.20 217 698 915 C $5.30 330 787 1,117 D $5.30 288 834 1,122 D $5.30 322 738 1,060 D PM Time 1400 - 1500 $5.30 232 941 1,173 D $6.95 233 1,043 1,276 E $9.00 219 1,040 1,259 E $11.85 247 1,151 1,398 F $21.00 288 1,118 1,406 F 1500 - 1600 $7.35 378 1,006 1,384 F $6.95 308 929 1,237 E $9.90 258 917 1,175 D $12.00 270 1,010 1,280 E $18.70 345 869 1,214 E 1600 - 1700 $5.30 298 1,248 1,546 F $5.30 168 862 1,030 D $5.30 192 976 1,168 D $7.50 162 926 1,088 D $10.45 222 925 1,147 D 1700 - 1800 $5.30 303 1,250 1,553 F $5.30 208 860 1,068 D $5.30 202 907 1,109 D $5.30 194 974 1,168 D $6.95 222 928 1,150 D 1800 - 1900 $5.30 281 851 1,132 D $5.30 306 835 1,141 D $5.30 248 869 1,117 D $5.30 273 905 1,178 D $5.30 319 926 1,245 E 1900 - 2000 $2.25 229 505 734 B $4.20 271 705 976 C $5.30 227 571 798 B $5.30 259 749 1,008 D $5.30 301 780 1,081 D PM Time 1400 - 1500 $5.30 189 1,005 1,194 D $6.95 184 1,024 1,208 E $9.00 164 978 1,142 D $11.85 188 1,160 1,348 F $21.00 266 1,202 1,468 F 1500 - 1600 $7.35 298 932 1,230 E $6.95 287 969 1,256 E $9.90 177 553 730 B $12.00 261 951 1,212 E $18.70 299 875 1,174 D 1600 - 1700 $5.30 195 926 1,121 D $5.30 179 926 1,105 D $5.30 245 974 1,219 E $7.50 186 848 1,034 D $10.45 208 975 1,183 D 1700 - 1800 $5.30 182 835 1,017 D $5.30 184 827 1,011 D $5.30 211 869 1,080 D $5.30 190 792 982 C $6.95 248 970 1,218 E 1800 - 1900 $5.30 260 768 1,028 D $5.30 258 810 1,068 D $5.30 256 805 1,061 D $5.30 222 842 1,064 D $5.30 289 1,077 1,366 F 1900 - 2000 $2.25 212 561 773 B $4.20 227 739 966 C $5.30 309 844 1,153 D $5.30 173 503 676 B $5.30 280 893 1,173 D PM Time 1400 - 1500 $5.30 185 990 1,175 D $6.95 168 1,015 1,183 D $9.00 199 1,243 1,442 F $11.85 207 1,079 1,286 E 1500 - 1600 $7.35 263 926 1,189 D $6.95 251 960 1,211 E $9.90 288 1,079 1,367 F $12.00 287 914 1,201 E 1600 - 1700 $5.30 174 883 1,057 D $5.30 191 983 1,174 D $5.30 176 1,036 1,212 E $7.50 242 870 1,112 D 1700 - 1800 $5.30 161 882 1,043 D $5.30 173 814 987 C $5.30 181 957 1,138 D $5.30 223 1,012 1,235 E 1800 - 1900 $5.30 272 812 1,084 D $5.30 281 824 1,105 D $5.30 259 859 1,118 D $5.30 262 954 1,216 E 1900 - 2000 $2.25 192 598 790 B $4.20 264 803 1,067 D $5.30 242 792 1,034 D $5.30 159 542 701 B 10/10/19 Friday 10/11/19Monday10/07/19 Tuesday 10/08/19 Wednesday 10/09/19 Wednesday 10/02/19 Thursday 10/03/19 Friday 10/04/19Monday09/30/19 Tuesday 10/01/19 Thursday Thursday 10/24/19 Friday 10/25/19Monday10/21/19 Tuesday 10/22/19 Wednesday 10/23/19 Wednesday 10/16/19 Thursday 10/17/19 Friday 10/18/19Monday10/14/19 Tuesday 10/15/19 Thursday 10/31/19 Friday 11/01/19Wednesday10/30/19Monday10/28/19 Tuesday 10/29/19 79 14 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 $5.30 104 723 827 C $5.30 123 761 884 C $5.30 132 783 915 C $5.30 149 792 941 C 1500 - 1600 $2.95 160 582 742 B $2.95 137 676 813 C $5.30 142 749 891 C $2.95 166 540 706 B 1600 - 1700 $2.95 118 648 766 B $2.95 107 727 834 C $2.95 105 568 673 B $2.95 126 660 786 B 1700 - 1800 $2.95 120 609 729 B $2.95 102 629 731 B $2.95 95 638 733 B $2.95 137 561 698 B 1800 - 1900 $2.95 171 587 758 B $2.95 154 607 761 B $2.95 151 627 778 B $2.95 166 540 706 B 1900 - 2000 $2.95 170 536 706 B $2.95 152 517 669 B $2.95 159 515 674 B $2.95 167 392 559 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 $2.95 123 668 791 B $5.30 127 743 870 C $5.30 119 705 824 C $5.30 119 729 848 C $5.30 119 569 688 B 1500 - 1600 $5.30 160 628 788 B $2.95 144 632 776 B $2.95 147 668 815 C $5.30 159 655 814 C $2.95 23 2 25 A 1600 - 1700 $2.95 94 693 787 B $2.95 99 665 764 B $2.95 105 595 700 B $2.95 80 466 546 B $2.95 3 1 4 A 1700 - 1800 $2.95 105 612 717 B $2.95 114 622 736 B $2.95 110 603 713 B $2.95 121 630 751 B $2.95 47 120 167 A 1800 - 1900 $2.95 133 559 692 B $2.95 140 595 735 B $2.95 152 627 779 B $2.95 142 589 731 B $2.95 155 564 719 B 1900 - 2000 $2.95 113 388 501 B $2.95 136 501 637 B $2.95 176 611 787 B $2.95 158 662 820 C $2.95 171 499 670 B PM Time 1400 - 1500 $2.95 116 605 721 B $5.30 115 727 842 C $5.30 118 739 857 C $5.30 93 807 900 C $5.30 102 761 863 C 1500 - 1600 $5.30 125 555 680 B $2.95 144 645 789 B $2.95 120 677 797 B $5.30 118 706 824 C $2.95 122 589 711 B 1600 - 1700 $2.95 29 206 235 A $2.95 109 552 661 B $2.95 93 661 754 B $2.95 83 619 702 B $2.95 105 560 665 B 1700 - 1800 $2.95 11 48 59 A $2.95 130 602 732 B $2.95 80 604 684 B $2.95 94 642 736 B $2.95 130 542 672 B 1800 - 1900 $2.95 84 358 442 B $2.95 142 566 708 B $2.95 141 635 776 B $2.95 147 617 764 B $2.95 147 554 701 B 1900 - 2000 $2.95 95 259 354 A $2.95 174 499 673 B $2.95 141 510 651 B $2.95 140 548 688 B $2.95 148 472 620 B PM Time 1400 - 1500 $2.95 88 704 792 B $5.30 92 751 843 C $5.30 84 651 735 B $5.30 88 759 847 C $5.30 86 774 860 C 1500 - 1600 $5.30 148 618 766 B $2.95 118 599 717 B $2.95 78 368 446 B $5.30 110 646 756 B $2.95 115 581 696 B 1600 - 1700 $2.95 100 658 758 B $2.95 95 625 720 B $2.95 101 647 748 B $2.95 101 565 666 B $2.95 109 618 727 B 1700 - 1800 $2.95 93 583 676 B $2.95 92 589 681 B $2.95 110 624 734 B $2.95 102 634 736 B $2.95 110 565 675 B 1800 - 1900 $2.95 128 542 670 B $2.95 102 541 643 B $2.95 116 570 686 B $2.95 115 604 719 B $2.95 113 525 638 B 1900 - 2000 $2.95 137 414 551 B $2.95 145 575 720 B $2.95 183 626 809 C $2.95 86 354 440 B $2.95 147 502 649 B PM Time 1400 - 1500 $2.95 106 673 779 B $5.30 79 708 787 B $5.30 123 741 864 C $5.30 130 820 950 C 1500 - 1600 $5.30 112 626 738 B $2.95 125 620 745 B $2.95 138 685 823 C $5.30 133 685 818 C 1600 - 1700 $2.95 106 617 723 B $2.95 94 710 804 C $2.95 112 669 781 B $2.95 125 598 723 B 1700 - 1800 $2.95 98 654 752 B $2.95 94 591 685 B $2.95 86 630 716 B $2.95 105 688 793 B 1800 - 1900 $2.95 127 607 734 B $2.95 132 660 792 B $2.95 128 589 717 B $2.95 136 677 813 C 1900 - 2000 $2.95 128 467 595 B $2.95 167 550 717 B $2.95 154 544 698 B $2.95 116 372 488 B Thursday 10/03/19 Friday 10/04/19Monday09/30/19 Tuesday 10/01/19 Wednesday 10/02/19 Thursday 10/17/19 Friday 10/18/19Monday10/14/19 Tuesday 10/15/19 Wednesday 10/16/19 Wednesday 10/09/19 Thursday 10/10/19 Friday 10/11/19Monday10/07/19 Tuesday 10/08/19 Thursday 10/31/19 Friday 11/01/19Monday10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 Wednesday 10/23/19 Thursday 10/24/19 Friday 10/25/19Monday10/21/19 Tuesday 10/22/19 80 15 RCTC W ESTBOUND PEAK -HOUR VOLUMES 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 $10.80 404 1,162 1,566 F $10.80 389 1,133 1,522 F $10.50 460 1,092 1,552 F $5.30 423 777 1,200 D 0500 - 0600 $22.80 515 969 1,484 F $18.40 479 1,228 1,707 F $17.50 527 1,080 1,607 F $12.20 514 1,069 1,583 F 0600 - 0700 $17.45 314 854 1,168 D $19.40 416 608 1,024 D $19.40 442 663 1,105 D $11.45 469 1,194 1,663 F 0700 - 0800 $16.35 339 1,268 1,607 F $17.10 306 1,373 1,679 F $15.30 270 1,236 1,506 F $9.30 271 1,250 1,521 F 0800 - 0900 $11.45 128 1,418 1,546 F $11.45 82 1,434 1,516 F $12.20 86 1,406 1,492 F $8.00 55 1,432 1,487 F 0900 - 1000 $9.00 151 1,201 1,352 F $8.00 144 1,130 1,274 E $9.00 166 1,230 1,396 F $5.30 159 1,001 1,160 D 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 $10.80 476 1,027 1,503 F $10.80 356 1,185 1,541 F $10.80 472 1,112 1,584 F $10.50 392 1,087 1,479 F $5.30 378 802 1,180 D 0500 - 0600 $23.25 512 905 1,417 F $22.80 522 961 1,483 F $18.40 514 1,074 1,588 F $17.50 509 1,154 1,663 F $12.20 406 1,116 1,522 F 0600 - 0700 $20.20 319 794 1,113 D $17.45 311 826 1,137 D $19.40 443 605 1,048 D $19.40 364 700 1,064 D $11.45 357 1,207 1,564 F 0700 - 0800 $16.35 237 1,331 1,568 F $16.35 224 1,364 1,588 F $17.10 326 1,309 1,635 F $15.30 289 1,380 1,669 F $9.30 190 1,320 1,510 F 0800 - 0900 $11.15 29 1,565 1,594 F $11.45 20 1,418 1,438 F $11.45 165 1,414 1,579 F $12.20 44 1,488 1,532 F $8.00 52 1,379 1,431 F 0900 - 1000 $6.95 118 1,072 1,190 D $9.00 160 1,431 1,591 F $8.00 207 1,371 1,578 F $9.00 187 1,166 1,353 F $5.30 215 1,055 1,270 E AM Time 0400 - 0500 $10.80 431 1,109 1,540 F $10.80 391 1,088 1,479 F $10.80 371 1,191 1,562 F $10.50 441 1,152 1,593 F $5.30 367 731 1,098 D 0500 - 0600 $23.25 447 818 1,265 E $22.80 551 919 1,470 F $18.40 476 1,257 1,733 F $17.50 550 1,127 1,677 F $12.20 444 1,107 1,551 F 0600 - 0700 $20.20 396 946 1,342 E $17.45 324 837 1,161 D $19.40 426 680 1,106 D $19.40 432 645 1,077 D $11.45 439 1,204 1,643 F 0700 - 0800 $16.35 376 1,272 1,648 F $16.35 233 1,363 1,596 F $17.10 298 1,335 1,633 F $15.30 378 1,304 1,682 F $9.30 295 1,197 1,492 F 0800 - 0900 $11.15 159 1,251 1,410 F $11.45 56 1,557 1,613 F $11.45 241 1,723 1,964 F $12.20 243 1,408 1,651 F $8.00 189 1,252 1,441 F 0900 - 1000 $6.95 232 1,006 1,238 E $9.00 186 1,462 1,648 F $8.00 219 1,328 1,547 F $9.00 175 1,102 1,277 E $5.30 175 821 996 C AM Time 0400 - 0500 $10.80 463 1,101 1,564 F $10.80 329 1,111 1,440 F $10.80 398 1,205 1,603 F $10.50 421 1,144 1,565 F $5.30 237 493 730 B 0500 - 0600 $23.25 508 819 1,327 E $22.80 552 971 1,523 F $18.40 441 1,126 1,567 F $17.50 512 1,125 1,637 F $12.20 370 949 1,319 E 0600 - 0700 $20.20 372 877 1,249 E $17.45 341 821 1,162 D $19.40 416 565 981 C $19.40 406 788 1,194 D $11.45 467 1,181 1,648 F 0700 - 0800 $16.35 293 1,288 1,581 F $16.35 287 1,348 1,635 F $17.10 409 1,297 1,706 F $15.30 312 1,258 1,570 F $9.30 295 1,276 1,571 F 0800 - 0900 $11.15 187 1,447 1,634 F $11.45 207 1,477 1,684 F $11.45 220 1,423 1,643 F $12.20 234 1,376 1,610 F $8.00 154 1,213 1,367 F 0900 - 1000 $6.95 180 1,079 1,259 E $9.00 146 1,258 1,404 F $8.00 162 1,162 1,324 E $9.00 180 1,088 1,268 E $5.30 164 760 924 C AM Time 0400 - 0500 $10.80 417 1,144 1,561 F $10.80 387 978 1,365 F $10.80 443 1,192 1,635 F $10.50 384 1,175 1,559 F 0500 - 0600 $23.25 471 805 1,276 E $22.80 595 925 1,520 F $18.40 430 1,027 1,457 F $17.50 505 1,084 1,589 F 0600 - 0700 $20.20 340 912 1,252 E $17.45 371 802 1,173 D $19.40 439 609 1,048 D $19.40 371 766 1,137 D 0700 - 0800 $16.35 322 1,270 1,592 F $16.35 321 1,298 1,619 F $17.10 337 1,232 1,569 F $15.30 304 1,300 1,604 F 0800 - 0900 $11.15 188 1,456 1,644 F $11.45 189 1,460 1,649 F $11.45 218 1,500 1,718 F $12.20 161 1,251 1,412 F 0900 - 1000 $6.95 178 1,144 1,322 E $9.00 207 1,214 1,421 F $8.00 199 1,125 1,324 E $9.00 157 908 1,065 D 10/10/19 Friday 10/11/19Monday10/07/19 Tuesday 10/08/19 Wednesday 10/09/19 Wednesday 10/02/19 Thursday 10/03/19 Friday 10/04/19Monday09/30/19 Tuesday 10/01/19 Thursday Monday 10/21/19 Tuesday 10/22/19 Wednesday 10/23/19 Wednesday 10/16/19 Thursday 10/17/19 Friday 10/18/19Monday10/14/19 Tuesday 10/15/19 Monday 10/28/19 Tuesday 10/29/19 Thursday 10/24/19 Friday 10/25/19 Thursday 10/31/19 Friday 11/01/19Wednesday10/30/19 81 16 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 $5.30 218 930 1,148 D $5.30 254 764 1,018 D $5.30 270 747 1,017 D $2.95 220 646 866 C 0500 - 0600 $17.25 329 1,104 1,433 F $16.60 323 1,173 1,496 F $13.50 408 1,067 1,475 F $6.85 357 861 1,218 E 0600 - 0700 $17.55 284 1,141 1,425 F $19.65 296 1,078 1,374 E $14.50 378 1,080 1,458 F $6.85 277 998 1,275 E 0700 - 0800 $13.45 255 1,263 1,518 F $12.45 197 1,322 1,519 F $11.40 187 1,224 1,411 F $6.85 145 964 1,109 D 0800 - 0900 $8.85 94 1,351 1,445 F $6.85 68 1,262 1,330 E $8.85 49 1,267 1,316 E $5.30 26 862 888 C 0900 - 1000 $5.30 91 1,009 1,100 D $5.30 89 943 1,032 D $5.30 87 813 900 C $2.95 75 635 710 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 $6.85 283 792 1,075 D $5.30 208 840 1,048 D $5.30 269 718 987 C $5.30 242 780 1,022 D $2.95 208 705 913 C 0500 - 0600 $18.00 365 1,113 1,478 F $17.25 310 1,173 1,483 F $16.60 401 1,062 1,463 F $13.50 346 1,178 1,524 F $6.85 275 989 1,264 E 0600 - 0700 $19.35 300 1,040 1,340 E $17.55 319 1,130 1,449 F $19.65 374 1,071 1,445 F $14.50 319 1,101 1,420 F $6.85 259 1,233 1,492 F 0700 - 0800 $12.15 154 1,230 1,384 E $13.45 175 1,285 1,460 F $12.45 229 1,239 1,468 F $11.40 181 1,309 1,490 F $6.85 111 1,184 1,295 E 0800 - 0900 $6.85 20 1,202 1,222 E $8.85 18 1,212 1,230 E $6.85 92 1,237 1,329 E $8.85 29 1,305 1,334 E $5.30 14 789 803 C 0900 - 1000 $5.30 39 529 568 B $5.30 56 679 735 B $5.30 86 683 769 B $5.30 89 825 914 C $2.95 61 489 550 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 $6.85 251 801 1,052 D $5.30 262 819 1,081 D $5.30 206 878 1,084 D $5.30 255 822 1,077 D $2.95 200 685 885 C 0500 - 0600 $18.00 284 1,078 1,362 E $17.25 335 1,193 1,528 F $16.60 331 1,145 1,476 F $13.50 392 1,103 1,495 F $6.85 301 968 1,269 E 0600 - 0700 $19.35 287 842 1,129 D $17.55 301 1,110 1,411 F $19.65 334 1,139 1,473 F $14.50 358 1,046 1,404 F $6.85 272 1,063 1,335 E 0700 - 0800 $12.15 238 1,185 1,423 F $13.45 139 1,252 1,391 E $12.45 213 1,282 1,495 F $11.40 250 1,304 1,554 F $6.85 182 997 1,179 D 0800 - 0900 $6.85 96 1,015 1,111 D $8.85 32 1,301 1,333 E $6.85 119 966 1,085 D $8.85 162 1,186 1,348 E $5.30 93 976 1,069 D 0900 - 1000 $5.30 87 563 650 B $5.30 73 818 891 C $5.30 62 552 614 B $5.30 102 904 1,006 D $2.95 115 744 859 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 $6.85 253 807 1,060 D $5.30 198 859 1,057 D $5.30 230 804 1,034 D $5.30 241 784 1,025 D $2.95 199 699 898 C 0500 - 0600 $18.00 368 1,105 1,473 F $17.25 333 1,157 1,490 F $16.60 351 1,180 1,531 F $13.50 368 1,170 1,538 F $6.85 300 965 1,265 E 0600 - 0700 $19.35 334 1,055 1,389 E $17.55 296 1,140 1,436 F $19.65 328 1,089 1,417 F $14.50 340 1,146 1,486 F $6.85 277 1,202 1,479 F 0700 - 0800 $12.15 235 1,235 1,470 F $13.45 237 1,287 1,524 F $12.45 247 1,192 1,439 F $11.40 191 1,204 1,395 E $6.85 190 1,119 1,309 E 0800 - 0900 $6.85 133 1,203 1,336 E $8.85 151 1,395 1,546 F $6.85 134 1,337 1,471 F $8.85 122 1,135 1,257 E $5.30 89 941 1,030 D 0900 - 1000 $5.30 87 820 907 C $5.30 83 814 897 C $5.30 113 939 1,052 D $5.30 99 885 984 C $2.95 75 679 754 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 $6.85 220 825 1,045 D $5.30 284 797 1,081 D $5.30 267 771 1,038 D $5.30 218 795 1,013 D 0500 - 0600 $18.00 314 1,130 1,444 F $17.25 378 1,121 1,499 F $16.60 379 1,126 1,505 F $13.50 365 1,131 1,496 F 0600 - 0700 $19.35 321 1,069 1,390 E $17.55 374 1,092 1,466 F $19.65 355 1,077 1,432 F $14.50 319 1,097 1,416 F 0700 - 0800 $12.15 228 1,200 1,428 F $13.45 221 1,255 1,476 F $12.45 260 1,260 1,520 F $11.40 215 1,228 1,443 F 0800 - 0900 $6.85 130 1,338 1,468 F $8.85 139 1,349 1,488 F $6.85 143 1,299 1,442 F $8.85 87 1,114 1,201 E 0900 - 1000 $5.30 85 767 852 C $5.30 83 889 972 C $5.30 125 902 1,027 D $5.30 74 746 820 C Thursday 10/03/19 Friday 10/04/19Monday09/30/19 Tuesday 10/01/19 Wednesday 10/02/19 Monday 10/14/19 Tuesday 10/15/19 Wednesday 10/16/19 Wednesday 10/09/19 Thursday 10/10/19 Friday 10/11/19Monday10/07/19 Tuesday 10/08/19 Monday 10/21/19 Tuesday 10/22/19 Thursday 10/17/19 Friday 10/18/19 Thursday 10/31/19 Friday 11/01/19Monday10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 Wednesday 10/23/19 Thursday 10/24/19 Friday 10/25/19 82 17 RCTC O P ERATIONAL HIGHLIGHTS On-road Operations RCTC Freeway Service Patrol (FSP) responded to 83 calls during the month of October. Of those calls, 62 were to assist disabled vehicles, 4 calls to remove debris. There were 17 accidents in the Express Lanes and 1 accident originating in the SR91 general-purpose lanes that affected the Express Lanes. 6C Transponder Technology Planning for the transition to the new transponder technology is underway. The lane systems have been upgraded. Changes to the back-office system to process the new transponders and make changes to the customer account plan s are being finalized and will be released to the customer along with the new sticker transponders in January of 2020. A series of customer communication has been developed and will be mailed or emailed to customers over a period of several months. 83 18 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement 10/31/2019 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 20,635,169.92$ 12,196,366.67$ 8,438,803.25$ 69.2 Fee Revenue 2,651,327.68 1,760,100.00 891,227.68 50.6 Total operating revenues 23,286,497.60 13,956,466.67 9,330,030.93 66.9 Operating expenses: Salaries and Benefits 292,093.91 451,133.33 159,039.42 35.3 Legal Services 72,235.21 116,666.67 44,431.46 38.1 Advisory Services 27,668.22 25,000.00 (2,668.22) (10.7) Audit and Accounting Fees - 15,666.67 15,666.67 100.0 Service Fees 1,086.78 8,666.67 7,579.89 87.5 Other Professional Services 36,796.60 491,966.67 455,170.07 92.5 Lease Expense 86,530.41 85,500.00 (1,030.41) (1.2) Operations 1,178,625.72 1,209,500.00 30,874.28 2.6 Utilities 9,052.68 20,833.33 11,780.65 56.5 Supplies and Materials 178.95 1,666.67 1,487.72 89.3 Membership and Subscription Fees 20,056.75 8,333.33 (11,723.42) (140.7) Office Equipment & Furniture (Non-Capital)747.12 1,666.67 919.55 55.2 Maintenance/Repairs 58,926.71 116,600.00 57,673.29 49.5 Training Seminars and Conferences 350.00 1,500.00 1,150.00 76.7 Transportation Expenses 79.84 2,500.00 2,420.16 96.8 Lodging 840.90 2,333.33 1,492.43 64.0 Meals 302.88 333.33 30.45 9.1 Other Staff Expenses 299.10 333.33 34.23 10.3 Advertising 38.00 63,333.33 63,295.33 99.9 Program Management 22,017.79 - (22,017.79) N/A Program Operations 2,417,347.11 3,552,233.33 1,134,886.22 31.9 Litigation Settlement - 3,333.33 3,333.33 100.0 Furniture & Equipment 261,188.80 250,000.00 (11,188.80) (4.5) Improvements 16,032.27 5,366.67 (10,665.60) (198.7) Depreciation 2,695,986.01 2 - (2,695,986.01) N/A Bad Debt Expense (1.00) - 1.00 N/A Total operating expenses 7,198,480.76 6,434,466.67 (764,014.09) (11.9) Operating income (loss)16,088,016.84 7,522,000.00 8,566,016.84 113.9 Nonoperating revenues (expenses): Interest Revenue 578,455.37 507,366.67 71,088.70 (14.0) Other Miscellaneous Revenue 580,501.89 - 580,501.89 N/A Interest Expense (7,173,251.39) (2,373,300.00) (4,799,951.39) 202.2 Total nonoperating revenues (expenses)(6,014,294.13) (1,865,933.33) (4,148,360.80) (222.3) Transfers In - - - N/A Transfers Out - (1,019,833.33) 1,019,833.33 (100.0) Net income (loss)10,073,722.71$ 4,636,233.33$ 5,437,489.38$ 117.3 1 Unaudited 2 Depreciation is not a budgeted expense YTD as of : YTD Variance Actual1 84 19 JOINT AGENCY TRIP AND REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING October 31, 2019 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 772,968 507,698 66%2,029,704$ RCTC 770,842 507,698 66%4,324,456$ I-15 316,355 212,523 67%1,749,150$ McKinley 454,487 295,175 65%2,575,307$ Eastbound OCTA 754,323 374,551 50%2,759,381$ RCTC 569,941 374,551 66%2,022,307$ I-15 223,274 149,800 67%517,842$ McKinley 346,667 224,751 65%1,504,464$ 85 20 JOINT AGENCY PERFORMANCE MEASURES JOINT AGENCY TRANSPONDER DISTRIBUTION Oct-19 Performance CUSTOMER SERVICE Call Wait Time Monthly Not to exceed 2 minutes 0:57 Abandon Rate Monthly No more than 4.0% 1.3% Customer Satisfaction Monthly At least 75 outbound calls 77 VIOLATION PROCESSING Response Time Monthly Within 2 business days of receipt 0.7 CUSA Violation Collection Rate Quarterly 70% or more 61% CUSA Violation Collection Rate Annually 74% or more 66% TRAFFIC OPERATIONS Initial & Secondary Reviews Monthly Equal to or less than 15 days 0.7 *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 1,347 48.0% 1,640 54.7% 1,504 50.5% Additional Tags to Existing Accounts 873 31.1%865 28.9%887 29.7% Replacement Transponders 587 20.9%492 16.4%590 19.8% Total Issued 2,807 2,997 2,980 Returned Account Closures 497 41.2%588 40.8%508 39.8% Accounts Downsizing 168 13.9%218 15.1%167 13.1% Defective Transponders 540 44.8%635 44.1%601 47.1% Total Returned 1,205 1,441 1,276 FY 2019-20TRANSPONDER DISTRIBUTION October-19 September-19 Average To-Date 86 21 At the end of October 2019, the 91 Express Lanes had 150,246 active customer accounts and 229,079 transponders classified as Assigned. Number of Accounts by Fiscal Year As of October 31, 2019 Incoming Email Activity During October, the Anaheim Processing Center received 3,600 emails. 87 Orange County Transportation Authority Riverside County Transportation Commission Status Report November 2019 As of November 30, 2019 ATTACHMENT 5 88 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 W estbound 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 .....................................................................................13 RCTC Westbound Peak-Hour Volumes ....................................................................................14 RCTC Operational Highlights ....................................................................................................17 Financial Highlights RCTC ........................................................................................................18 Joint Agency Trip and Revenue Statistics .................................................................................19 Joint Agency Traffic Statistics ...................................................................................................19 Joint Agency Performance Measures ........................................................................................20 Joint Agency Transponder Distribution ......................................................................................20 Incoming Email Activity .............................................................................................................21 89 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATISTICS FOR OCTA Total traffic volume on the 91 Express Lanes for November 2019 was 1,435,020. This represents a daily average of 47,834 vehicles. This is a 1.4% increase in total traffic volume from the same period last year, which totaled 1,415,344. Potential toll revenue for November was $4,385,107, which represents an increase of 3.1% from the prior year’s total of $4,255,226. Carpool percentage for November was 25.66% as compared to the previous year’s rate of 26.65%. Month-to-date traffic and revenue data is 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 November 2019. Current Month-to-Date (MTD) as of November 30, 2019 Trips Nov-19 MTD Actual Stantec MTD Projected # Variance % Variance Nov-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,066,864 1,060,367 6,497 0.6% 1,038,190 2.8% 3+ Lanes 368,156 321,113 47,043 14.6% 377,154 (2.4%) Total Gross Trips 1,435,020 1,381,480 53,540 3.9% 1,415,344 1.4% Revenue Full Toll Lanes $4,328,417 $4,451,186 ($122,770) (2.8%)$4,186,694 3.4% 3+ Lanes $56,691 $81,183 ($24,492) (30.2%)$68,532 (17.3%) Total Gross Revenue $4,385,107 $4,532,369 ($147,262) (3.2%)$4,255,226 3.1% Average Revenue per Trip Average Full Toll Lanes $4.06 $4.20 ($0.14) (3.3%)$4.03 0.7% Average 3+ Lanes $0.15 $0.25 ($0.10) (40.0%)$0.18 (16.7%) Average Gross Revenue $3.06 $3.28 ($0.22) (6.7%)$3.01 1.7% 90 4 The 2020 fiscal year-to-date traffic volume increased by 1.9% and potential toll revenue increased by 3.4%, when compared with the same period last year. Year-to-date average revenue per-trip is $3.02. 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 months of July 2019 through November 2019. FY 2019-20 Year to Date as of November 30, 2019 Trips FY 2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 5,566,741 5,531,297 35,444 0.6% 5,453,910 2.1% 3+ Lanes 1,964,744 1,674,839 289,905 17.3% 1,934,417 1.6% Total Gross Trips 7,531,485 7,206,136 325,349 4.5% 7,388,327 1.9% Revenue Full Toll Lanes $22,378,238 $23,062,126 ($683,888) (3.0%)$21,611,559 3.5% 3+ Lanes $346,394 $420,487 ($74,094) (17.6%)$374,259 (7.4%) Total Gross Revenue $22,724,631 $23,482,613 ($757,982) (3.2%)$21,985,819 3.4% Average Revenue per Trip Average Full Toll Lanes $4.02 $4.17 ($0.15) (3.6%)$3.96 1.5% Average 3+ Lanes $0.18 $0.25 ($0.07) (28.0%)$0.19 (5.3%) Average Gross Revenue $3.02 $3.26 ($0.24) (7.4%)$2.98 1.3% 91 5 O CTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. 1,102,555 1,134,132 1,095,487 1,167,703 1,066,864 443,307 411,599 382,094 359,588 368,156 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-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Volume Month FY 2019-20 Traffic Volume Overview Full Toll Lanes 3+ Lanes 4,362,568 4,595,283 4,373,645 4,718,326 4,328,417 76,363 75,879 66,703 70,758 56,691 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Revenue Month FY 2019-20 Revenue Summary Full Toll Lanes 3+ Lanes Series3 92 6 OCTA EASTBOUND PEAK -HOUR VOLUMES Peak traffic hour in the eastbound direction reached or exceeded 90% or more of defined capacity 18 times during the month of November 2019. As demonstrated on the next chart, westbound peak hour traffic volumes top out at 81% of defined capacity. PM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 1400 - 1500 $7.10 491 3,227 95% 1500 - 1600 $9.15 649 2,733 80% 1600 - 1700 $8.95 436 2,684 79% 1700 - 1800 $7.05 515 2,775 82% 1800 - 1900 $6.55 631 2,648 78% 1900 - 2000 $6.05 563 1,983 58% PM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 1400 - 1500 $5.15 352 2,714 80%$5.15 387 3,053 90%$5.15 392 3,000 88%$6.70 434 3,201 94% $7.10 487 3,238 95% 1500 - 1600 $5.50 537 2,915 86% $5.75 581 2,745 81% $7.75 581 2,839 84%$6.75 622 3,160 93%$9.15 665 2,631 77% 1600 - 1700 $5.35 436 2,803 82% $5.50 387 2,915 86% $7.50 427 2,833 83% $8.30 455 2,654 78% $8.95 415 2,760 81% 1700 - 1800 $5.30 488 2,934 86%$5.40 519 3,057 90%$6.40 518 2,983 88% $8.20 534 2,872 84% $7.05 560 2,869 84% 1800 - 1900 $5.50 667 2,803 82%$3.95 633 3,129 92%$3.95 690 3,013 89% $4.85 649 2,960 87%$6.55 697 2,808 83% 1900 - 2000 $3.85 554 2,193 65% $3.85 627 2,620 77% $3.85 595 2,552 75% $5.60 629 2,623 77%$6.05 768 2,543 75% PM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 1400 - 1500 $5.15 531 2,320 68% $5.15 380 3,032 89%$5.15 406 3,036 89%$6.70 407 3,344 98% $7.10 486 3,317 98% 1500 - 1600 $5.50 679 2,810 83% $5.75 543 2,675 79%$7.75 583 2,865 84%$6.75 569 3,142 92%$9.15 638 2,653 78% 1600 - 1700 $5.35 453 2,483 73% $5.50 401 2,730 80% $7.50 399 2,873 85% $8.30 409 2,499 74% $8.95 441 2,736 80% 1700 - 1800 $5.30 544 2,507 74% $5.40 498 2,841 84%$6.40 512 3,097 91%$8.20 508 2,903 85% $7.05 558 2,774 82% 1800 - 1900 $5.50 599 1,872 55% $3.95 627 2,960 87%$3.95 672 3,092 91%$4.85 680 3,009 89% $6.55 704 2,901 85% 1900 - 2000 $3.85 486 1,359 40% $3.85 659 2,839 84% $3.85 570 2,387 70% $5.60 614 2,553 75% $6.05 645 2,392 70% PM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 1400 - 1500 $5.15 379 2,744 81% $5.15 348 2,663 78% $5.15 384 2,778 82%$6.70 389 3,187 94% $7.10 461 3,145 93% 1500 - 1600 $5.50 599 3,163 93%$5.75 573 2,862 84% $7.75 497 2,627 77%$6.75 563 3,226 95%$9.15 562 2,623 77% 1600 - 1700 $5.35 418 2,854 84%$5.50 407 3,066 90%$7.50 360 2,470 73% $8.30 368 2,528 74% $8.95 436 2,698 79% 1700 - 1800 $5.30 528 2,971 87% $5.40 527 2,914 86%$6.40 522 3,078 91%$8.20 467 2,577 76% $7.05 580 2,850 84% 1800 - 1900 $5.50 713 2,939 86% $3.95 631 2,980 88% $3.95 640 2,881 85% $4.85 677 3,041 89% $6.55 674 2,794 82% 1900 - 2000 $3.85 449 1,868 55% $3.85 615 2,822 83% $3.85 403 1,632 48% $5.60 587 2,311 68% $6.05 727 2,470 73% PM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 1400 - 1500 $5.15 507 2,759 81% $5.15 508 2,843 84% $7.45 482 2,897 85% $5.30 857 2,075 61% $4.95 394 1,355 40% 1500 - 1600 $5.50 565 2,888 85% $5.75 598 2,784 82% $8.50 576 2,797 82% $4.95 699 1,633 48% $4.95 464 1,314 39% 1600 - 1700 $5.35 482 2,790 82% $5.50 482 2,792 82% $8.50 296 1,577 46% $4.95 682 1,564 46% $4.95 385 1,157 34% 1700 - 1800 $5.30 518 2,864 84% $5.40 497 2,797 82% $8.50 554 2,298 68% $4.95 632 1,454 43% $4.95 386 1,085 32% 1800 - 1900 $5.50 672 2,742 81% $3.95 672 3,034 89% $6.00 493 1,646 48% $5.30 730 1,464 43% $4.95 387 1,028 30% 1900 - 2000 $3.85 644 2,357 69% $3.85 844 2,952 87% $5.75 430 1,292 38% $5.30 822 1,655 49% $4.95 314 740 22% Thursday 11/28/19 Friday 11/29/19 Thursday 11/21/19 Friday 11/22/19 Monday 11/25/19 Tuesday 11/26/19 Wednesday 11/27/19 Thursday 11/14/19 Friday 11/15/19 Monday 11/18/19 Tuesday 11/19/19 Wednesday 11/20/19 Thursday 11/07/19 Friday 11/08/19 Monday 11/11/19 Tuesday 11/12/19 Wednesday 11/13/19 Thursday 10/31/19 Friday 11/01/19 Monday 11/04/19 Tuesday 11/05/19 Wednesday 11/06/19 Monday 10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 93 7 OCTA WESTBOUND PEAK-HOUR VOLUMES AM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 0400 - 0500 $3.05 646 1,993 59% 0500 - 0600 $4.70 768 2,384 70% 0600 - 0700 $4.95 596 2,112 62% 0700 - 0800 $5.50 401 1,827 54% 0800 - 0900 $4.95 300 1,827 54% 0900 - 1000 $4.10 263 1,579 46% AM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 0400 - 0500 $3.05 832 2,714 80%$3.05 823 2,657 78% $3.05 867 2,681 79% $3.05 805 2,635 78% $3.05 689 2,203 65% 0500 - 0600 $4.95 803 2,552 75%$4.95 858 2,624 77% $4.95 772 2,636 78% $4.95 839 2,699 79% $4.70 708 2,489 73% 0600 - 0700 $5.15 558 2,093 62% $5.15 529 2,119 62% $5.15 617 2,068 61% $5.15 620 2,047 60% $4.95 558 2,173 64% 0700 - 0800 $5.65 399 2,196 65%$5.65 425 2,269 67% $5.65 420 2,295 68% $5.65 417 2,230 66% $5.50 353 1,971 58% 0800 - 0900 $5.15 254 2,200 65% $5.15 277 2,259 66% $5.15 245 2,041 60% $5.15 236 1,993 59% $4.95 230 1,781 52% 0900 - 1000 $4.10 254 2,077 61% $4.10 259 2,294 67% $4.10 230 2,171 64% $4.10 272 2,049 60%$4.10 256 1,818 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 $3.05 485 1,513 45% $3.05 805 2,693 79%$3.05 888 2,703 80% $3.05 770 2,637 78% $3.05 674 2,265 67% 0500 - 0600 $4.95 469 1,614 47% $4.95 874 2,647 78% $4.95 783 2,661 78% $4.95 851 2,737 81% $4.70 745 2,453 72% 0600 - 0700 $5.15 280 1,164 34% $5.15 563 2,136 63% $5.15 639 2,103 62% $5.15 612 1,988 58%$4.95 603 2,187 64% 0700 - 0800 $5.65 252 1,186 35%$5.65 417 2,149 63% $5.65 434 2,318 68% $5.65 435 2,258 66%$5.50 354 1,883 55% 0800 - 0900 $5.15 302 1,270 37%$5.15 248 2,148 63% $5.15 225 2,151 63% $5.15 237 2,049 60% $4.95 263 1,792 53% 0900 - 1000 $4.10 373 1,487 44%$4.10 289 2,331 69% $4.10 240 2,158 63% $4.10 249 2,112 62% $4.10 221 1,601 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 $3.05 804 2,688 79% $3.05 750 2,478 73% $3.05 831 2,632 77% $3.05 802 2,671 79% $3.05 696 2,213 65% 0500 - 0600 $4.95 768 2,599 76% $4.95 906 2,719 80% $4.95 754 2,524 74% $4.95 833 2,701 79% $4.70 733 2,453 72% 0600 - 0700 $5.15 554 2,130 63% $5.15 562 2,078 61%$5.15 574 1,857 55% $5.15 588 2,001 59% $4.95 577 2,078 61% 0700 - 0800 $5.65 448 2,259 66% $5.65 428 2,292 67% $5.65 351 1,895 56% $5.65 347 1,964 58%$5.50 396 1,908 56% 0800 - 0900 $5.15 267 2,226 65% $5.15 262 2,222 65%$5.15 221 1,894 56% $5.15 222 1,874 55%$4.95 232 1,776 52% 0900 - 1000 $4.10 275 2,243 66% $4.10 237 2,229 66% $4.10 197 1,716 50% $4.10 201 1,808 53% $4.10 222 1,771 52% AM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 0400 - 0500 $3.05 806 2,567 76% $3.05 758 2,560 75% $3.05 610 1,944 57% $1.70 39 86 3% $1.70 91 222 7% 0500 - 0600 $4.95 742 2,491 73% $4.95 793 2,499 74% $5.15 501 1,638 48% $1.70 29 96 3% $1.70 117 366 11% 0600 - 0700 $5.15 437 1,889 56% $5.15 404 1,829 54% $5.30 296 1,248 37% $1.70 53 144 4% $2.50 113 413 12% 0700 - 0800 $5.65 395 1,961 58% $5.65 362 1,871 55%$5.75 234 1,165 34% $1.70 63 209 6% $3.05 115 482 14% 0800 - 0900 $5.15 295 1,825 54% $5.15 318 1,903 56% $5.75 189 1,126 33% $1.70 128 407 12% $3.05 152 671 20% 0900 - 1000 $4.10 388 2,157 63% $4.10 398 2,038 60% $5.30 255 1,285 38% $2.50 269 676 20% $3.85 262 872 26% Thursday 11/28/19 Friday 11/29/19 Thursday 11/21/19 Friday 11/22/19 Monday 11/25/19 Tuesday 11/26/19 Wednesday 11/27/19 Thursday 11/14/19 Friday 11/15/19 Monday 11/18/19 Tuesday 11/19/19 Wednesday 11/20/19 Thursday 11/07/19 Friday 11/08/19 Monday 11/11/19 Tuesday 11/12/19 Wednesday 11/13/19 Thursday 10/31/19 Friday 11/01/19 Monday 11/04/19 Tuesday 11/05/19 Wednesday 11/06/19 Monday 10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 94 8 OCTA OPERATIONAL HIGHLIGHTS On-road Operations OCTA Customer Assistance Specialists (CAS) responded to 103 calls during the month of November. Of those calls, 83 were to assist disabled vehicles and 13 calls to remove debris. There were 7 accidents in the Express Lanes and 2 of those accidents originated in the SR91 general-purpose lanes that affected the Express Lanes. Electronic Toll and Traffic Management System Project Update Kapsch TrafficCom USA, Inc., (Kapsch), the toll lanes system integrator for the 91 Express Lanes, completed the replacement of the Electronic Toll and Traffic Management (ETTM) system at the current toll gantries. This new lane system is reading both the new 6C transponder protocol as well as the legacy Title 21 protocol. The next phase of the project, which begins next calendar year, entails the replacement of the closed-circuit television cameras along the corridor. New toll gantries will be constructed at the three entrances of the OCTA 91 Express Lanes after which Kapsch will install new ETTM equipment on the entrance gantries. 6C Transition Update Changes to the back-office system to incorporate the new 6C transponder protocol is underway. Beginning in December, the 91 Express Lanes will be sending letters to customers notifying them of the transition to 6C, as well as changes to the account plans, user agreement and privacy policy. A new welcome kit will be sent with the new sticker transponders commencing January 2020. It is envisioned the distribution of the new transponders to all the customers will take place over several months. 95 9 FINANCIAL HIGHLIGHTS OCTA Capital Asset Activity During the five months ending November 30, 2019, capital asset activities included $195,292 for the ETTM system, $5,920 for the computer equipment and $97,358 for transponder purchases. 91 Express Lanes Operating Statement YTD as of : 11/30/2019 Description Actual (1)Budget (1)Dollar $Percent (%) Operating revenues: Toll revenue 20,997,846.10$ 22,359,766.00$ (1,361,919.90)$ (6.1) Fee revenue 2,999,178.87 1,613,373.00 1,385,805.87 85.9 Total operating revenues 23,997,024.97 23,973,139.00 23,885.97 0.1 Operating expenses: Contracted services 2,614,154.96 3,082,100.00 467,945.04 15.2 Administrative fee 1,181,200.00 1,183,285.00 2,085.00 0.2 Other professional services 319,783.49 959,993.00 640,209.51 66.7 Credit card processing fees 547,440.35 596,835.00 49,394.65 8.3 Toll road account servicing 275,749.69 992,500.00 716,750.31 72.2 Other insurance expense 155,456.25 312,375.00 156,918.75 50.2 Toll road maintenance supply repairs 125,108.01 214,585.00 89,476.99 41.7 Patrol services 247,234.19 408,175.00 160,940.81 39.4 Building equipment repairs and maint (19,920.85) 137,570.00 157,490.85 114.5 6C Transponders - - - N/A Other services (15,314.00) 10,415.00 25,729.00 247.0 Utilities 15,895.46 30,615.00 14,719.54 48.1 Office expense (138.06) 83,467.00 83,605.06 100.2 Bad debt expense 59,325.33 - (59,325.33) N/A Miscellaneous (2)35,976.76 33,725.00 (2,251.76) (6.7) Leases 182,325.16 191,590.00 9,264.84 4.8 Total operating expenses 5,724,276.74 8,237,230.00 2,512,953.26 30.5 Depreciation and amortization (3)1,480,970.00 - (1,480,970.00) N/A Operating income (loss)16,791,778.23 15,735,909.00 1,055,869.23 6.7 Nonoperating revenues (expenses): Reimbursement from Other Agencies 268,083.37 453,125.00 (185,041.63) (40.8) Interest income 2,442,276.25 1,581,705.00 860,571.25 54.4 Interest expense (1,938,687.36) (1,963,360.00) 24,672.64 1.3 Other 16,165.63 - 16,165.63 N/A Total nonoperating revenues (expenses)787,837.89 71,470.00 716,367.89 (1,002.3) Transfers in - - - N/A Transfers out (93,373.44) (15,000.00) (78,373.44) (522.5) Net income (loss)17,486,242.68$ 15,792,379.00$ 1,693,863.68$ 10.7 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 96 10 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the 91 Express Lanes for November 2019 was 1,264,601. This represents a daily average of 42,153 vehicles. This is a 3.1% increase in total traffic volume from the same period last year, which totaled 1,226,885. Potential toll revenue for the month was $5,330,279, which represents an increase of 20% from the prior year’s total of $4,440,392. Carpool percentage for November was 23.74% as compared to the previous year’s rate of 24.37%. 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 November 2019. Current Month-to-Date (MTD) as of November 30, 2019 Trips NOV-19 MTD Actual Stantec MTD Projected # Variance % Variance NOV-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 964,400 959,129 5,271 0.5% 927,903 3.9% 3+ Lanes 300,201 315,057 (14,856) (4.7%)298,982 0.4% Total Gross Trips 1,264,601 1,274,186 (9,585) (0.8%)1,226,885 3.1% Revenue Full Toll Lanes $5,301,867 $3,799,571 $1,502,296 39.5% $4,408,880 20.3% 3+ Lanes $28,411 $0 $28,411 $31,512 (9.8%) Total Gross Revenue $5,330,279 $3,799,571 $1,530,707 40.3% $4,440,392 20.0% Average Revenue per Trip Average Full Toll Lanes $5.50 $3.96 $1.54 38.9% $4.75 15.8% Average 3+ Lanes $0.09 $0.00 $0.09 $0.11 (18.2%) Average Gross Revenue $4.21 $2.98 $1.23 41.3% $3.62 16.3% 97 11 The 2020 fiscal year-to-date (YTD) traffic volume is 3% higher when compared with the same period last year. The 2020 fiscal year-to-date revenue is 21% higher than for the same period last year. The traffic and revenue increases are attributed to higher demand and increased toll rates to manage the demand. Year-to-date average revenue per-trip is $4.22. 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 2019 through November 2019. FY 2019-20 Year to Date as of November 30, 2019 Trips FY 2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 5,023,861 5,006,614 17,247 0.3% 4,886,478 2.8% 3+ Lanes 1,598,984 1,604,743 (5,759) (0.4%) 1,541,321 3.7% Total Gross Trips 6,622,845 6,611,357 11,488 0.2% 6,427,799 3.0% Revenue Full Toll Lanes $27,751,102 $19,639,000 $8,112,102 41.3% $22,910,249 21.1% 3+ Lanes $178,130 $0 $178,130 $174,164 2.3% Total Gross Revenue $27,929,232 $19,639,000 $8,290,232 42.2% $23,084,413 21.0% Average Revenue per Trip Average Full Toll Lanes $5.52 $3.92 $1.60 40.8% $4.69 17.7% Average 3+ Lanes $0.11 $0.00 $0.11 $0.11 0.0% Average Gross Revenue $4.22 $2.97 $1.25 42.1% $3.59 17.5% 98 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. 960,601 1,040,805 984,484 1,073,571 964,400 354,489 361,276 315,806 267,212 300,201 0 175,000 350,000 525,000 700,000 875,000 1,050,000 1,225,000 1,400,000 1,575,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Volume Month FY 2019-20 Traffic Volume Overview Full Toll Lanes 3+ Lanes $5,213,968 $5,588,508 $5,326,713 $6,320,045 $5,301,867 $43,333 $45,015 $34,653 $26,718 $28,411 $2,800,000 $3,200,000 $3,600,000 $4,000,000 $4,400,000 $4,800,000 $5,200,000 $5,600,000 $6,000,000 $6,400,000 $6,800,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Revenue Month FY 2019-20 Revenue Summary Full Toll Lanes 3+ Lanes 99 13 RCTC PEAK-HOUR VOLUMES RCTC evaluates traffic volumes for peak period hours and either increases or decreases tolls according to the toll rate policy. Hours that are highlighted in yellow were operating in a degraded state. The next quarterly adjustment is scheduled for January 1, 2020. RCTC E ASTBOUND PEAK-HOUR VOLUMES 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 $21.00 291 1,144 1,435 F 1500 - 1600 $18.70 284 936 1,220 E 1600 - 1700 $10.45 211 954 1,165 D 1700 - 1800 $6.95 239 854 1,093 D 1800 - 1900 $5.30 243 792 1,035 D 1900 - 2000 $5.30 232 641 873 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 $5.30 189 962 1,151 D $6.95 203 1,115 1,318 F $9.00 214 1,118 1,332 F $11.85 248 1,190 1,438 F $21.00 345 1,522 1,867 F 1500 - 1600 $7.35 266 911 1,177 D $6.95 305 890 1,195 D $9.90 285 914 1,199 D $12.00 300 964 1,264 E $18.70 399 853 1,252 E 1600 - 1700 $5.30 195 893 1,088 D $5.30 187 960 1,147 D $5.30 202 944 1,146 D $7.50 222 865 1,087 D $10.45 251 1,023 1,274 E 1700 - 1800 $5.30 194 827 1,021 D $5.30 234 849 1,083 D $5.30 191 848 1,039 D $5.30 216 869 1,085 D $6.95 281 942 1,223 E 1800 - 1900 $5.30 295 804 1,099 D $5.30 287 863 1,150 D $5.30 284 822 1,106 D $5.30 293 854 1,147 D $5.30 236 766 1,002 D 1900 - 2000 $2.25 229 617 846 C $4.20 212 719 931 C $5.30 214 705 919 C $5.30 237 773 1,010 D $5.30 455 1,044 1,499 F PM Time 1400 - 1500 $5.30 275 836 1,111 D $6.95 209 1,120 1,329 F $9.00 236 1,122 1,358 F $11.85 214 1,283 1,497 F $21.00 319 1,140 1,459 F 1500 - 1600 $7.35 343 875 1,218 E $6.95 286 964 1,250 E $9.90 283 959 1,242 E $12.00 289 997 1,286 E $18.70 317 860 1,177 D 1600 - 1700 $5.30 206 787 993 C $5.30 174 926 1,100 D $5.30 164 939 1,103 D $7.50 152 857 1,009 D $10.45 210 895 1,105 D 1700 - 1800 $5.30 236 735 971 C $5.30 189 798 987 C $5.30 226 887 1,113 D $5.30 194 919 1,113 D $6.95 245 885 1,130 D 1800 - 1900 $5.30 253 587 840 C $5.30 279 811 1,090 D $5.30 294 830 1,124 D $5.30 252 832 1,084 D $5.30 297 917 1,214 E 1900 - 2000 $2.25 221 379 600 B $4.20 271 811 1,082 D $5.30 212 694 906 C $5.30 213 817 1,030 D $5.30 288 799 1,087 D PM Time 1400 - 1500 $5.30 208 986 1,194 D $6.95 188 993 1,181 D $9.00 217 934 1,151 D $11.85 234 1,049 1,283 E $21.00 308 1,105 1,413 F 1500 - 1600 $7.35 302 1,022 1,324 F $6.95 287 983 1,270 E $9.90 256 856 1,112 D $12.00 312 1,014 1,326 F $18.70 315 967 1,282 E 1600 - 1700 $5.30 196 887 1,083 D $5.30 162 948 1,110 D $5.30 163 774 937 C $7.50 196 876 1,072 D $10.45 254 967 1,221 E 1700 - 1800 $5.30 193 830 1,023 D $5.30 191 857 1,048 D $5.30 203 808 1,011 D $5.30 203 793 996 C $6.95 267 926 1,193 D 1800 - 1900 $5.30 280 803 1,083 D $5.30 272 734 1,006 D $5.30 262 718 980 C $5.30 297 770 1,067 D $5.30 306 986 1,292 E 1900 - 2000 $2.25 172 627 799 B $4.20 236 824 1,060 D $5.30 154 425 579 B $5.30 229 590 819 C $5.30 446 1,125 1,571 F PM Time 1400 - 1500 $5.30 293 1,069 1,362 F $6.95 319 1,123 1,442 F $15.45 262 1,011 1,273 E $5.30 461 769 1,230 E $2.25 199 510 709 B 1500 - 1600 $7.35 337 993 1,330 F $6.95 361 1,044 1,405 F $12.30 342 929 1,271 E $4.20 347 583 930 C $2.25 205 404 609 B 1600 - 1700 $5.30 221 871 1,092 D $5.30 226 1,029 1,255 E $10.20 162 665 827 C $4.20 304 620 924 C $2.25 155 335 490 B 1700 - 1800 $5.30 227 801 1,028 D $5.30 250 860 1,110 D $8.30 257 778 1,035 D $4.20 318 544 862 C $2.25 167 298 465 B 1800 - 1900 $5.30 276 800 1,076 D $5.30 298 901 1,199 D $5.30 225 617 842 C $4.20 319 463 782 B $2.25 146 275 421 B 1900 - 2000 $2.25 238 705 943 C $4.20 373 978 1,351 F $2.25 189 408 597 B $4.20 350 530 880 C $1.55 119 201 320 A Wednesday 11/27/19Monday11/25/19 Tuesday 11/26/19 Thursday 11/28/19 Friday 11/29/19 Thursday 11/21/19 Friday 11/22/19Monday11/18/19 Tuesday 11/19/19 Wednesday 11/20/19 Wednesday 11/13/19 Thursday 11/14/19 Friday 11/15/19Monday11/11/19 Tuesday 11/12/19 11/07/19 Friday 11/08/19Monday11/04/19 Tuesday 11/05/19 Wednesday 11/06/19 Wednesday 10/30/19 Thursday 10/31/19 Friday 11/01/19Monday10/28/19 Tuesday 10/29/19 Thursday 100 14 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 $5.30 126 750 876 C 1500 - 1600 $2.95 143 612 755 B 1600 - 1700 $2.95 112 577 689 B 1700 - 1800 $2.95 118 578 696 B 1800 - 1900 $2.95 145 556 701 B 1900 - 2000 $2.95 118 425 543 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 $2.95 101 713 814 C $5.30 95 746 841 C $5.30 107 750 857 C $5.30 107 761 868 C $5.30 54 330 384 A 1500 - 1600 $5.30 133 593 726 B $2.95 127 629 756 B $2.95 149 600 749 B $5.30 144 678 822 C $2.95 116 341 457 B 1600 - 1700 $2.95 94 633 727 B $2.95 97 679 776 B $2.95 91 633 724 B $2.95 118 632 750 B $2.95 91 459 550 B 1700 - 1800 $2.95 103 607 710 B $2.95 114 631 745 B $2.95 112 626 738 B $2.95 109 558 667 B $2.95 112 588 700 B 1800 - 1900 $2.95 150 555 705 B $2.95 122 568 690 B $2.95 146 592 738 B $2.95 134 572 706 B $2.95 17 49 66 A 1900 - 2000 $2.95 160 476 636 B $2.95 124 605 729 B $2.95 150 547 697 B $2.95 166 647 813 C $2.95 209 611 820 C PM Time 1400 - 1500 $2.95 142 575 717 B $5.30 78 658 736 B $5.30 106 778 884 C $5.30 103 842 945 C $5.30 107 796 903 C 1500 - 1600 $5.30 173 606 779 B $2.95 112 553 665 B $2.95 126 691 817 C $5.30 113 705 818 C $2.95 125 586 711 B 1600 - 1700 $2.95 129 621 750 B $2.95 96 619 715 B $2.95 111 689 800 B $2.95 92 578 670 B $2.95 96 625 721 B 1700 - 1800 $2.95 139 513 652 B $2.95 122 609 731 B $2.95 94 679 773 B $2.95 94 601 695 B $2.95 96 565 661 B 1800 - 1900 $2.95 143 359 502 B $2.95 139 535 674 B $2.95 144 624 768 B $2.95 131 583 714 B $2.95 152 532 684 B 1900 - 2000 $2.95 118 278 396 A $2.95 167 608 775 B $2.95 140 486 626 B $2.95 121 553 674 B $2.95 181 521 702 B PM Time 1400 - 1500 $2.95 86 698 784 B $5.30 91 684 775 B $5.30 90 630 720 B $5.30 109 737 846 C $5.30 134 743 877 C 1500 - 1600 $5.30 129 638 767 B $2.95 128 647 775 B $2.95 113 607 720 B $5.30 118 742 860 C $2.95 132 606 738 B 1600 - 1700 $2.95 96 646 742 B $2.95 89 687 776 B $2.95 87 617 704 B $2.95 89 594 683 B $2.95 93 634 727 B 1700 - 1800 $2.95 103 602 705 B $2.95 103 627 730 B $2.95 109 648 757 B $2.95 88 576 664 B $2.95 114 606 720 B 1800 - 1900 $2.95 124 588 712 B $2.95 128 594 722 B $2.95 134 612 746 B $2.95 154 625 779 B $2.95 121 500 621 B 1900 - 2000 $2.95 89 432 521 B $2.95 131 669 800 B $2.95 95 316 411 B $2.95 160 550 710 B $2.95 34 113 147 A PM Time 1400 - 1500 $2.95 140 680 820 C $5.30 134 644 778 B $1.95 134 708 842 C $2.95 271 422 693 B $2.95 116 331 447 B 1500 - 1600 $5.30 143 622 765 B $2.95 154 652 806 C $2.95 152 655 807 C $2.95 210 342 552 B $1.95 142 253 395 A 1600 - 1700 $2.95 124 649 773 B $2.95 115 614 729 B $1.95 76 453 529 B $2.95 194 330 524 B $1.95 104 231 335 A 1700 - 1800 $2.95 110 585 695 B $2.95 105 572 677 B $1.95 126 563 689 B $2.95 175 305 480 B $1.95 104 240 344 A 1800 - 1900 $2.95 147 573 720 B $2.95 142 609 751 B $2.95 87 273 360 A $2.95 233 295 528 B $1.95 109 186 295 A 1900 - 2000 $2.95 157 458 615 B $2.95 239 659 898 C $2.95 104 222 326 A $2.95 323 348 671 B $1.95 97 131 228 A Thursday 11/28/19 Friday 11/29/19Monday11/25/19 Tuesday 11/26/19 Wednesday 11/27/19 Wednesday 11/20/19 Thursday 11/21/19 Friday 11/22/19Monday11/18/19 Tuesday 11/19/19 Thursday 11/14/19 Friday 11/15/19Monday11/11/19 Tuesday 11/12/19 Wednesday 11/13/19 Wednesday 11/06/19 Thursday 11/07/19 Friday 11/08/19Monday11/04/19 Tuesday 11/05/19 Monday 10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 Thursday 10/31/19 Friday 11/01/19 101 15 RCTC W ESTBOUND PEAK-HOUR VOLUMES Eastbound PM Peak Total PM Time HOV SOV Vol.HOV SOV Vol.HOV SOV Vol.HOV SOV Vol.HOV SOV Vol. 1400 - 1500 417 1,894 2,311 1500 - 1600 427 1,548 1,975 1600 - 1700 323 1,531 1,854 1700 - 1800 357 1,432 1,789 1800 - 1900 388 1,348 1,736 1900 - 2000 350 1,066 1,416 PM Time 1400 - 1500 290 1,675 1,965 298 1,861 2,159 321 1,868 2,189 355 1,951 2,306 399 1,852 2,251 1500 - 1600 399 1,504 1,903 432 1,519 1,951 434 1,514 1,948 444 1,642 2,086 515 1,194 1,709 1600 - 1700 289 1,526 1,815 284 1,639 1,923 293 1,577 1,870 340 1,497 1,837 342 1,482 1,824 1700 - 1800 297 1,434 1,731 348 1,480 1,828 303 1,474 1,777 325 1,427 1,752 393 1,530 1,923 1800 - 1900 445 1,359 1,804 409 1,431 1,840 430 1,414 1,844 427 1,426 1,853 253 815 1,068 1900 - 2000 389 1,093 1,482 336 1,324 1,660 364 1,252 1,616 403 1,420 1,823 664 1,655 2,319 PM Time 1400 - 1500 417 1,411 1,828 287 1,778 2,065 342 1,900 2,242 317 2,125 2,442 426 1,936 2,362 1500 - 1600 516 1,481 1,997 398 1,517 1,915 409 1,650 2,059 402 1,702 2,104 442 1,446 1,888 1600 - 1700 335 1,408 1,743 270 1,545 1,815 275 1,628 1,903 244 1,435 1,679 306 1,520 1,826 1700 - 1800 375 1,248 1,623 311 1,407 1,718 320 1,566 1,886 288 1,520 1,808 341 1,450 1,791 1800 - 1900 396 946 1,342 418 1,346 1,764 438 1,454 1,892 383 1,415 1,798 449 1,449 1,898 1900 - 2000 339 657 996 438 1,419 1,857 352 1,180 1,532 334 1,370 1,704 469 1,320 1,789 PM Time 1400 - 1500 294 1,684 1,978 279 1,677 1,956 307 1,564 1,871 343 1,786 2,129 442 1,848 2,290 1500 - 1600 431 1,660 2,091 415 1,630 2,045 369 1,463 1,832 430 1,756 2,186 447 1,573 2,020 1600 - 1700 292 1,533 1,825 251 1,635 1,886 250 1,391 1,641 285 1,470 1,755 347 1,601 1,948 1700 - 1800 296 1,432 1,728 294 1,484 1,778 312 1,456 1,768 291 1,369 1,660 381 1,532 1,913 1800 - 1900 404 1,391 1,795 400 1,328 1,728 396 1,330 1,726 451 1,395 1,846 427 1,486 1,913 1900 - 2000 261 1,059 1,320 367 1,493 1,860 249 741 990 389 1,140 1,529 480 1,238 1,718 PM Time 1400 - 1500 433 1,749 2,182 453 1,767 2,220 396 1,719 2,115 732 1,191 1,923 315 841 1,156 1500 - 1600 480 1,615 2,095 515 1,696 2,211 494 1,584 2,078 557 925 1,482 347 657 1,004 1600 - 1700 345 1,520 1,865 341 1,643 1,984 238 1,118 1,356 498 950 1,448 259 566 825 1700 - 1800 337 1,386 1,723 355 1,432 1,787 383 1,341 1,724 493 849 1,342 271 538 809 1800 - 1900 423 1,373 1,796 440 1,510 1,950 312 890 1,202 552 758 1,310 255 461 716 1900 - 2000 395 1,163 1,558 612 1,637 2,249 293 630 923 673 878 1,551 216 332 548 Wednesday 11/27/19 Thursday 11/28/19 Friday 11/29/19Monday11/25/19 Tuesday 11/26/19 Thursday 11/21/19 Friday 11/22/19Monday11/18/19 Tuesday 11/19/19 Wednesday 11/20/19 Wednesday 11/13/19 Thursday 11/14/19 Friday 11/15/19Monday11/11/19 Tuesday 11/12/19 Thursday 11/07/19 Friday 11/08/19Monday11/04/19 Tuesday 11/05/19 Wednesday 11/06/19 Wednesday 10/30/19 Thursday 10/31/19 Friday 11/01/19Monday10/28/19 Tuesday 10/29/19 102 16 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 $5.30 357 749 1,106 D 0500 - 0600 $12.20 458 1,006 1,464 F 0600 - 0700 $11.45 421 1,094 1,515 F 0700 - 0800 $9.30 335 1,065 1,400 F 0800 - 0900 $8.00 234 1,089 1,323 E 0900 - 1000 $5.30 154 733 887 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 $10.80 409 1,172 1,581 F $10.80 410 1,043 1,453 F $10.80 485 1,151 1,636 F $10.50 401 1,182 1,583 F $5.30 349 836 1,185 D 0500 - 0600 $23.25 467 859 1,326 E $22.80 535 874 1,409 F $18.40 430 1,069 1,499 F $17.50 480 1,050 1,530 F $12.20 420 1,074 1,494 F 0600 - 0700 $20.20 370 872 1,242 E $17.45 300 849 1,149 D $19.40 402 672 1,074 D $19.40 387 758 1,145 D $11.45 381 1,178 1,559 F 0700 - 0800 $16.35 289 1,268 1,557 F $16.35 302 1,360 1,662 F $17.10 297 1,385 1,682 F $15.30 288 1,375 1,663 F $9.30 264 1,236 1,500 F 0800 - 0900 $11.15 167 1,475 1,642 F $11.45 186 1,443 1,629 F $11.45 179 1,409 1,588 F $12.20 167 1,469 1,636 F $8.00 158 1,251 1,409 F 0900 - 1000 $6.95 173 1,165 1,338 E $9.00 177 1,226 1,403 F $8.00 132 1,161 1,293 E $9.00 179 1,061 1,240 E $5.30 157 816 973 C AM Time 0400 - 0500 $10.80 241 649 890 C $10.80 401 1,116 1,517 F $10.80 463 1,082 1,545 F $10.50 384 1,155 1,539 F $5.30 349 863 1,212 E 0500 - 0600 $23.25 283 582 865 C $22.80 558 885 1,443 F $18.40 424 1,076 1,500 F $17.50 493 1,098 1,591 F $12.20 477 1,086 1,563 F 0600 - 0700 $20.20 180 642 822 C $17.45 325 900 1,225 E $19.40 403 708 1,111 D $19.40 388 681 1,069 D $11.45 418 1,161 1,579 F 0700 - 0800 $16.35 177 780 957 C $16.35 264 1,237 1,501 F $17.10 281 1,422 1,703 F $15.30 298 1,413 1,711 F $9.30 281 1,209 1,490 F 0800 - 0900 $11.15 178 759 937 C $11.45 207 1,374 1,581 F $11.45 167 1,501 1,668 F $12.20 160 1,504 1,664 F $8.00 177 1,094 1,271 E 0900 - 1000 $6.95 218 682 900 C $9.00 185 1,298 1,483 F $8.00 150 1,151 1,301 E $9.00 153 1,175 1,328 E $5.30 131 782 913 C AM Time 0400 - 0500 $10.80 388 1,155 1,543 F $10.80 420 1,185 1,605 F $10.80 406 1,157 1,563 F $10.50 392 1,279 1,671 F $5.30 345 848 1,193 D 0500 - 0600 $23.25 474 853 1,327 E $22.80 605 912 1,517 F $18.40 405 1,001 1,406 F $17.50 473 1,110 1,583 F $12.20 447 1,085 1,532 F 0600 - 0700 $20.20 340 892 1,232 E $17.45 355 809 1,164 D $19.40 349 675 1,024 D $19.40 362 764 1,126 D $11.45 389 1,131 1,520 F 0700 - 0800 $16.35 309 1,298 1,607 F $16.35 331 1,307 1,638 F $17.10 260 1,167 1,427 F $15.30 270 1,333 1,603 F $9.30 299 1,190 1,489 F 0800 - 0900 $11.15 176 1,553 1,729 F $11.45 210 1,507 1,717 F $11.45 167 1,268 1,435 F $12.20 158 1,249 1,407 F $8.00 139 1,169 1,308 E 0900 - 1000 $6.95 165 1,237 1,402 F $9.00 151 1,158 1,309 E $8.00 121 915 1,036 D $9.00 129 951 1,080 D $5.30 123 814 937 C AM Time 0400 - 0500 $10.80 448 1,116 1,564 F $10.80 396 1,161 1,557 F $7.05 301 859 1,160 D $1.55 15 20 35 A $1.55 46 50 96 A 0500 - 0600 $23.25 468 847 1,315 E $22.80 516 938 1,454 F $8.30 248 540 788 B $1.55 11 33 44 A $1.55 47 145 192 A 0600 - 0700 $20.20 291 957 1,248 E $17.45 253 907 1,160 D $6.95 195 748 943 C $1.55 24 40 64 A $1.55 62 163 225 A 0700 - 0800 $16.35 276 1,223 1,499 F $16.35 242 1,246 1,488 F $6.95 185 802 987 C $1.55 30 86 116 A $1.55 66 236 302 A 0800 - 0900 $11.15 221 1,305 1,526 F $11.45 191 1,264 1,455 F $5.30 116 696 812 C $1.55 57 147 204 A $1.55 76 276 352 A 0900 - 1000 $6.95 235 1,145 1,380 F $9.00 241 912 1,153 D $4.20 154 571 725 B $1.55 120 230 350 A $2.25 130 286 416 B Wednesday 11/27/19 Friday 11/22/19 Thursday 11/28/19 Friday 11/29/19 11/11/19 Tuesday 11/12/19 Monday 11/25/19 Tuesday 11/26/19 Thursday 11/21/19 10/28/19 Tuesday 10/29/19 Thursday Monday 11/18/19 Tuesday 11/19/19 Wednesday 11/20/19 Wednesday 11/13/19 Thursday 11/14/19 Friday 11/15/19Monday 11/07/19 Friday 11/08/19Monday11/04/19 Tuesday 11/05/19 Wednesday 11/06/19 Wednesday 10/30/19 Thursday 10/31/19 Friday 11/01/19Monday 103 17 RCTC OP ERATIONAL HIGHLIGHTS On-road Operations RCTC Freeway Service Patrol (FSP) responded to 83 calls during the month of November. Of those calls, 61 were to assist disabled vehicles, 8 calls to remove debris and 14 were in response to accidents in the Express Lanes 6C Transponder Technology In December and over the course of several months, the 91 Express Lanes will be sending letters to customers notifying them of the transition to the new 6C protocol, as well as changes to the account plans, user agreement and privacy policy. A new welcome kit, which includes mounting instructions, has been designed and developed and will be sent with the new sticker transponders commencing January 2020. It is envisioned the distribution of the new transponders to all the customers will take place over several months. 104 18 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement 11/30/2019 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 25,939,940.46$ 15,245,458.33$ 10,694,482.13$ 70.1 Fee Revenue 3,247,766.41 2,200,125.00 1,047,641.41 47.6 Total operating revenues 29,187,706.87 17,445,583.33 11,742,123.54 67.3 Operating expenses: Salaries and Benefits 337,920.94 563,916.67 225,995.73 40.1 Legal Services 88,239.01 145,833.33 57,594.32 39.5 Advisory Services 29,617.58 31,250.00 1,632.42 5.2 Audit and Accounting Fees 46,000.00 19,583.33 (26,416.67) (134.9) Service Fees 1,086.78 10,833.33 9,746.55 90.0 Other Professional Services 50,296.60 614,958.33 564,661.73 91.8 Lease Expense 86,530.41 106,875.00 20,344.59 19.0 Operations 1,281,355.02 1,511,875.00 230,519.98 15.2 Utilities 9,754.71 26,041.67 16,286.96 62.5 Supplies and Materials 66.40 2,083.33 2,016.93 96.8 Membership and Subscription Fees 20,056.75 10,416.67 (9,640.08) (92.5) Office Equipment & Furniture (Non-Capital)747.12 2,083.33 1,336.21 64.1 Maintenance/Repairs 59,429.26 145,750.00 86,320.74 59.2 Training Seminars and Conferences 350.00 1,875.00 1,525.00 81.3 Transportation Expenses 97.04 3,125.00 3,027.96 96.9 Lodging 1,328.48 2,916.67 1,588.19 54.5 Meals 302.88 416.67 113.79 27.3 Other Staff Expenses 328.10 416.67 88.57 21.3 Advertising 38.00 79,166.67 79,128.67 100.0 Program Management 30,692.21 - (30,692.21) N/A Program Operations 2,544,941.37 4,440,291.67 1,895,350.30 42.7 Litigation Settlement - 4,166.67 4,166.67 100.0 Furniture & Equipment 261,188.80 312,500.00 51,311.20 16.4 Improvements 16,032.27 6,708.33 (9,323.94) (139.0) Depreciation 2,695,986.01 #- (2,695,986.01) N/A Bad Debt Expense (0.37) - 0.37 N/A Total operating expenses 7,562,385.37 8,043,083.33 480,697.96 6.0 Operating income (loss)21,625,321.50 9,402,500.00 12,222,821.50 130.0 Nonoperating revenues (expenses): Interest Revenue 878,007.08 634,208.33 243,798.75 (38.4) Other Miscellaneous Revenue (879.96) - (879.96) N/A Interest Expense (7,173,251.39) (2,966,625.00) (4,206,626.39) 141.8 Total nonoperating revenues (expenses)(7,124,824.09) (2,332,416.67) (4,792,407.42) (205.5) Transfers In - - - N/A Transfers Out (325,600.00) (1,274,791.67) 949,191.67 (74.5) Net income (loss)14,174,897.41$ 5,795,291.67$ 8,379,605.74$ 144.6 1 Unaudited 2 Depreciation is not a budgeted expense YTD as of : YTD Variance Actual 1 105 19 JOINT AGENCY TRIP AND REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING November 30, 2019 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 696,072 464,366 67% 1,813,977$ RCTC 686,729 464,366 68% 3,452,113$ I-15 300,481 206,255 69% 1,448,720$ McKinley 386,248 258,111 67% 2,003,394$ Eastbound OCTA 738,948 421,599 57% 2,571,130$ RCTC 577,872 421,599 73% 1,878,166$ I-15 204,318 160,067 78% 454,205$ McKinley 373,554 261,532 70% 1,423,961$ 67%57%68%73% - 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 106 20 JOINT AGENCY PERFORMANCE MEASURES JOINT AGENCY TRANSPONDER DISTRIBUTION Nov-19 Performance CUSTOMER SERVICE Call Wait Time Monthly Not to exceed 2 minutes 0:36 Abandon Rate Monthly No more than 4.0% 0.9% Customer Satisfaction Monthly At least 75 outbound calls 75 VIOLATION PROCESSING Response Time Monthly Within 2 business days of receipt 0.7 CUSA Violation Collection Rate Quarterly 70% or more 72% CUSA Violation Collection Rate Annually 74% or more 72% TRAFFIC OPERATIONS Initial & Secondary Reviews Monthly Equal to or less than 15 days 0.9 *Plate Misread Errors Monthly Equal to or less than 0.4% 0.01% CAS Response Time Monthly 0:20 (minutes) per call 0:09 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 Period 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 870 53.9% 1,347 48.0% 1,377 50.9% Additional Tags to Existing Accounts 472 29.2% 873 31.1% 804 29.7% Replacement Transponders 272 16.9% 587 20.9% 526 19.4% Total Issued 1,614 2,807 2,707 Returned Account Closures 420 38.3% 497 41.2% 490 39.5% Accounts Downsizing 107 9.8% 168 13.9% 155 12.5% Defective Transponders 570 52.0% 540 44.8% 595 48.0% Total Returned 1,097 1,205 1,240 FY 2019-20TRANSPONDER DISTRIBUTION November-19 October-19 Average To-Date 107 21 At the end of November 2019, the 91 Express Lanes had 150,451 active customer accounts and 229,160 transponders classified as Assigned. Number of Accounts by Fiscal Year As of November 30, 2019 Incoming Email Activity During November, the Anaheim Processing Center received 2,645 emails. 114,138 112,584 112,473 112,929 113,672 116,813 119,782 130,048 140,694 148,054 150,246 150,451 60,000 70,000 80,000 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 Fiscal Year 108 Orange County Transportation Authority Riverside County Transportation Commission Status Report December 2019 As of December 31, 2019 ATTACHMENT 6 109 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 W estbound 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 .....................................................................................13 RCTC Westbound Peak-Hour Volumes ....................................................................................14 RCTC Operational Highlights ....................................................................................................17 Financial Highlights RCTC ........................................................................................................18 Joint Agency Trip and Revenue Statistics .................................................................................19 Joint Agency Traffic Statistics ...................................................................................................19 Joint Agency Performance Measures ........................................................................................20 Joint Agency Transponder Distribution ......................................................................................20 Incoming Email Activity .............................................................................................................21 110 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATISTICS FOR OCTA Total traffic volume on the 91 Express Lanes for December 2019 was 1,440,236. This represents a daily average of 46,459 vehicles. This is a 1.4% increase in total traffic volume from the same period last year, which totaled 1,420,288. Potential toll revenue for December was $4,338,299, which represents an increase of 6.3% from the prior year’s total of $4,082,589. Carpool percentage for December was 26.45% as compared to the previous year’s rate of 28.22%. Month-to-date traffic and revenue data is 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 December 2019. Current Month-to-Date (MTD) as of December 31, 2019 Trips Dec-19 MTD Actual Stantec MTD Projected # Variance % Variance Dec-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,059,346 1,047,331 12,015 1.1% 1,019,435 3.9% 3+ Lanes 380,890 332,256 48,634 14.6% 400,853 (5.0%) Total Gross Trips 1,440,236 1,379,587 60,649 4.4% 1,420,288 1.4% Revenue Full Toll Lanes $4,269,308 $4,375,004 ($105,696) (2.4%)$4,006,933 6.5% 3+ Lanes $68,991 $79,793 ($10,803) (13.5%)$75,656 (8.8%) Total Gross Revenue $4,338,299 $4,454,798 ($116,499) (2.6%)$4,082,589 6.3% Average Revenue per Trip Average Full Toll Lanes $4.03 $4.18 ($0.15) (3.6%)$3.93 2.5% Average 3+ Lanes $0.18 $0.24 ($0.06) (25.0%)$0.19 (5.3%) Average Gross Revenue $3.01 $3.23 ($0.22) (6.8%)$2.87 4.9% 111 4 The 2020 fiscal year-to-date traffic volume increased by 1.9% and potential toll revenue increased by 3.8%, when compared with the same period last year. Year-to-date average revenue per-trip is $3.02. 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 months of July 2019 through December 2019. FY 2019-20 Year to Date as of December 31, 2019 Trips FY 2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 6,626,087 6,578,628 47,459 0.7% 6,473,345 2.4% 3+ Lanes 2,345,634 2,007,095 338,539 16.9% 2,335,270 0.4% Total Gross Trips 8,971,721 8,585,723 385,998 4.5% 8,808,615 1.9% Revenue Full Toll Lanes $26,647,546 $27,437,130 ($789,585) (2.9%)$25,618,492 4.0% 3+ Lanes $415,384 $500,281 ($84,896) (17.0%)$449,916 (7.7%) Total Gross Revenue $27,062,930 $27,937,411 ($874,481) (3.1%)$26,068,408 3.8% Average Revenue per Trip Average Full Toll Lanes $4.02 $4.17 ($0.15) (3.6%)$3.96 1.5% Average 3+ Lanes $0.18 $0.25 ($0.07) (28.0%)$0.19 (5.3%) Average Gross Revenue $3.02 $3.25 ($0.23) (7.1%)$2.96 2.0% 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 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. 1,102,555 1,134,132 1,095,487 1,167,703 1,066,864 1,059,346 443,307 411,599 382,094 359,588 368,156 380,890 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-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Volume Month FY 2019-20 Traffic Volume Overview Full Toll Lanes 3+ Lanes $4,362,568 $4,595,283 $4,373,645 $4,718,326 $4,328,417 $4,269,308 $76,363 $75,879 $66,703 $70,758 $56,591 $68,991 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Revenue Month FY 2019-20 Revenue Summary Full Toll Lanes 3+ Lanes 113 6 OCTA EASTBOUND PEAK -HOUR VOLUMES Peak traffic hour in the eastbound direction reached or exceeded 90% or more of defined capacity 7 times during the month of December 2019. As demonstrated on the next chart, westbound peak hour traffic volumes top out at 82% of defined capacity. PM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 1400 - 1500 $5.15 372 2,584 76% $5.15 377 2,934 86% $5.15 334 2,541 75%$6.70 371 3,193 94%$7.10 421 2,812 83% 1500 - 1600 $5.50 602 3,105 91%$5.75 552 2,739 81% $7.75 499 2,740 81%$6.75 568 3,240 95%$9.15 603 2,385 70% 1600 - 1700 $5.35 404 2,824 83% $5.50 415 2,918 86% $7.50 356 2,479 73% $8.30 397 2,625 77% $8.95 430 2,633 77% 1700 - 1800 $5.30 522 3,002 88% $5.40 506 2,834 83% $6.40 431 2,399 71% $8.20 491 2,786 82% $7.05 508 2,778 82% 1800 - 1900 $5.50 654 2,820 83% $3.95 620 2,973 87% $3.95 522 2,222 65% $4.85 649 2,897 85% $6.55 611 2,840 84% 1900 - 2000 $3.85 461 1,838 54% $3.85 653 2,727 80% $3.85 439 1,760 52% $5.60 625 2,507 74% $6.05 668 2,461 72% PM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 1400 - 1500 $5.15 384 2,722 80% $5.15 404 2,944 87% $5.15 386 2,992 88%$6.70 417 3,189 94% $7.10 408 3,166 93% 1500 - 1600 $5.50 548 2,914 86% $5.75 598 2,821 83% $7.75 569 2,888 85% $6.75 554 2,981 88% $9.15 611 2,629 77% 1600 - 1700 $5.35 435 2,957 87% $5.50 408 2,893 85% $7.50 381 2,840 84% $8.30 401 2,474 73% $8.95 439 2,818 83% 1700 - 1800 $5.30 495 2,867 84% $5.40 495 2,876 85% $6.40 524 2,861 84% $8.20 514 2,857 84% $7.05 502 2,694 79% 1800 - 1900 $5.50 621 2,761 81% $3.95 628 2,916 86% $3.95 570 2,830 83% $4.85 643 3,038 89% $6.55 668 2,716 80% 1900 - 2000 $3.85 599 2,371 70% $3.85 692 2,839 84% $3.85 696 2,812 83% $5.60 741 2,797 82% $6.05 660 2,380 70% PM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 1400 - 1500 $5.15 402 2,674 79% $5.15 419 3,027 89% $5.15 446 3,020 89%$6.70 478 3,291 97% $7.10 488 3,133 92% 1500 - 1600 $5.50 550 2,922 86% $5.75 583 2,783 82% $7.75 587 2,987 88% $6.75 560 2,993 88% $9.15 615 2,655 78% 1600 - 1700 $5.35 437 2,916 86% $5.50 417 2,883 85% $7.50 413 2,967 87% $8.30 382 2,396 70% $8.95 410 2,675 79% 1700 - 1800 $5.30 569 2,868 84% $5.40 514 3,021 89% $6.40 535 2,957 87% $8.20 517 2,820 83% $7.05 523 2,784 82% 1800 - 1900 $5.50 665 2,879 85% $3.95 681 3,026 89% $3.95 640 3,024 89% $4.85 664 2,980 88% $6.55 678 2,800 82% 1900 - 2000 $3.85 632 2,439 72% $3.85 660 2,740 81% $3.85 646 2,382 70% $5.60 716 2,812 83% $6.05 655 2,235 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 $5.15 460 2,380 70% $7.10 733 2,550 75% $6.00 732 1,635 48% $6.70 402 1,956 58% $7.10 572 2,819 83% 1500 - 1600 $5.50 558 2,641 78% $9.15 910 2,323 68% $6.00 668 1,387 41% $6.75 475 1,930 57% $9.15 663 2,383 70% 1600 - 1700 $5.35 481 2,741 81% $8.95 669 2,053 60% $6.00 561 1,166 34% $8.30 302 1,401 41% $8.95 433 2,210 65% 1700 - 1800 $5.30 475 2,336 69% $7.05 797 2,013 59% $6.00 561 1,136 33% $8.20 477 1,654 49% $7.05 589 2,212 65% 1800 - 1900 $5.50 543 2,031 60% $6.55 786 1,865 55% $6.00 667 1,253 37% $4.85 454 1,364 40% $6.55 603 1,958 58% 1900 - 2000 $3.85 431 1,458 43% $6.05 755 1,633 48% $6.00 745 1,381 41% $5.60 354 923 27% $6.05 583 1,538 45% PM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 1400 - 1500 $5.15 432 2,280 67% $7.10 554 2,709 80% 1500 - 1600 $5.50 585 2,956 87% $9.15 677 2,466 73% 1600 - 1700 $5.35 429 2,562 75% $8.95 532 2,215 65% 1700 - 1800 $5.30 509 2,396 70% $7.05 578 1,939 57% 1800 - 1900 $5.50 456 1,660 49% $6.55 685 1,858 55% 1900 - 2000 $3.85 480 1,491 44% $6.05 509 1,311 39% Thursday 01/02/20 Friday 01/03/20 Thursday 12/26/19 Friday 12/27/19 Monday 12/30/19 Tuesday 12/31/19 Wednesday 01/01/20 Thursday 12/19/19 Friday 12/20/19 Monday 12/23/19 Tuesday 12/24/19 Wednesday 12/25/19 Thursday 12/12/19 Friday 12/13/19 Monday 12/16/19 Tuesday 12/17/19 Wednesday 12/18/19 Thursday 12/05/19 Friday 12/06/19 Monday 12/09/19 Tuesday 12/10/19 Wednesday 12/11/19 Monday 12/02/19 Tuesday 12/03/19 Wednesday 12/04/19 114 7 OCTA WESTBOUND PEAK-HOUR VOLUMES AM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 0400 - 0500 $3.05 826 2,651 78% $3.05 791 2,585 76% $3.05 782 2,395 70% $3.05 759 2,505 74% $3.05 718 2,148 63% 0500 - 0600 $4.95 813 2,544 75% $4.95 822 2,473 73% $4.95 786 2,460 72% $4.95 834 2,638 78% $4.70 773 2,470 73% 0600 - 0700 $5.15 529 2,030 60% $5.15 540 2,049 60% $5.15 533 1,675 49% $5.15 538 1,968 58% $4.95 548 2,128 63% 0700 - 0800 $5.65 393 1,957 58% $5.65 425 2,237 66% $5.65 383 1,882 55% $5.65 429 2,125 63% $5.50 402 1,910 56% 0800 - 0900 $5.15 215 1,920 56% $5.15 249 2,161 64% $5.15 209 1,843 54% $5.15 239 2,051 60% $4.95 252 1,905 56% 0900 - 1000 $4.10 273 1,977 58% $4.10 250 2,107 62% $4.10 228 1,952 57% $4.10 255 2,141 63% $4.10 282 1,904 56% AM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 0400 - 0500 $3.05 802 2,629 77% $3.05 822 2,695 79% $3.05 823 2,684 79% $3.05 800 2,635 78% $3.05 696 2,093 62% 0500 - 0600 $4.95 843 2,674 79% $4.95 881 2,650 78% $4.95 809 2,678 79% $4.95 843 2,783 82% $4.70 740 2,435 72% 0600 - 0700 $5.15 529 2,046 60% $5.15 568 2,123 62% $5.15 587 1,918 56% $5.15 566 1,984 58% $4.95 583 2,139 63% 0700 - 0800 $5.65 421 2,101 62% $5.65 432 1,987 58% $5.65 426 2,127 63% $5.65 389 2,044 60% $5.50 392 1,905 56% 0800 - 0900 $5.15 251 2,060 61% $5.15 269 2,254 66% $5.15 270 2,143 63% $5.15 268 2,082 61% $4.95 252 1,773 52% 0900 - 1000 $4.10 254 2,063 61% $4.10 255 2,222 65% $4.10 291 2,182 64% $4.10 285 2,262 67% $4.10 270 2,013 59% AM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 0400 - 0500 $3.05 804 2,662 78% $3.05 760 2,648 78% $3.05 840 2,709 80% $3.05 834 2,660 78% $3.05 646 2,095 62% 0500 - 0600 $4.95 796 2,521 74% $4.95 906 2,716 80% $4.95 803 2,716 80% $4.95 855 2,683 79% $4.70 686 2,429 71% 0600 - 0700 $5.15 561 2,024 60% $5.15 544 2,047 60% $5.15 580 1,983 58% $5.15 588 1,999 59% $4.95 524 2,040 60% 0700 - 0800 $5.65 429 2,099 62% $5.65 443 2,228 66% $5.65 413 2,068 61% $5.65 409 2,058 61% $5.50 392 1,884 55% 0800 - 0900 $5.15 267 2,044 60% $5.15 232 2,064 61% $5.15 210 2,094 62% $5.15 266 2,001 59% $4.95 274 1,858 55% 0900 - 1000 $4.10 259 2,069 61% $4.10 255 2,226 65% $4.10 233 2,125 63% $4.10 270 2,204 65% $4.10 304 2,025 60% AM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 0400 - 0500 $3.05 611 1,968 58% $3.05 292 847 25% $1.70 20 53 2% $3.05 412 1,281 38% $3.05 410 1,167 34% 0500 - 0600 $4.95 674 2,048 60% $4.70 298 872 26% $1.70 22 59 2% $4.95 452 1,370 40% $4.70 383 1,255 37% 0600 - 0700 $5.15 342 1,442 42% $4.95 146 645 19% $1.70 33 86 3% $5.15 221 787 23% $4.95 272 1,042 31% 0700 - 0800 $5.65 257 1,368 40% $5.50 162 712 21% $1.70 38 110 3% $5.65 200 835 25% $5.50 215 983 29% 0800 - 0900 $5.15 289 1,600 47% $4.95 172 723 21% $3.05 112 287 8% $5.15 173 928 27% $4.95 263 1,108 33% 0900 - 1000 $4.10 328 1,672 49% $4.10 246 967 28% $3.20 296 672 20% $4.10 227 986 29% $4.10 341 1,358 40% AM Time Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap.Price HOV Vol. Cap. 0400 - 0500 $3.05 536 1,635 48% $3.05 411 1,182 35% 0500 - 0600 $4.95 517 1,658 49% $4.70 410 1,269 37% 0600 - 0700 $5.15 244 1,058 31% $4.95 202 867 26% 0700 - 0800 $5.65 212 1,073 32% $5.50 169 807 24% 0800 - 0900 $5.15 206 1,135 33% $4.95 162 810 24% 0900 - 1000 $4.10 222 1,218 36% $4.10 224 958 28% Thursday 01/02/20 Friday 01/03/20 Thursday 12/26/19 Friday 12/27/19 Monday 12/30/19 Tuesday 12/31/19 Wednesday 01/01/20 Thursday 12/19/19 Friday 12/20/19 Monday 12/23/19 Tuesday 12/24/19 Wednesday 12/25/19 Thursday 12/12/19 Friday 12/13/19 Monday 12/16/19 Tuesday 12/17/19 Wednesday 12/18/19 Thursday 12/05/19 Friday 12/06/19 Monday 12/09/19 Tuesday 12/10/19 Wednesday 12/11/19 Monday 12/02/19 Tuesday 12/03/19 Wednesday 12/04/19 115 8 OCTA OPERATIONAL HIGHLIGHTS On-road Operations OCTA Customer Assistance Specialists (CAS) responded to 69 calls during the month of December. Of those calls, 60 were to assist disabled vehicles, eight calls to remove debris and one call was in response to an accident in the Express Lanes. Electronic Toll and Traffic Management System Project Update Kapsch TrafficCom USA, Inc., (Kapsch), the toll lanes system integrator for the 91 Express Lanes, completed the replacement of the Electronic Toll and Traffic Management (ETTM) system at the current toll gantries. This new lane system is reading both the new 6C transponder protocol as well as the legacy Title 21 protocol. The next phase of the project, which begins next calendar year, entails the replacement of the closed-circuit television cameras along the corridor. New toll gantries will be constructed at the three entrances of the OCTA 91 Express Lanes after which Kapsch will install new ETTM equipment on the entrance gantries. 6C Transition Update Changes to the back-office system to incorporate the new 6C transponder protocol is underway. In December, the 91 Express Lanes began sending letters to customers notifying them of the transition to 6C, as well as changes to the account plans, user agreement and privacy policy. In the upcoming weeks, distribution of the new welcome kit and sticker transponders will commence. It is envisioned the distribution of the new transponders to all the customers will take place over several months. 116 9 FINANCIAL HIGHLIGHTS OCTA Capital Asset Activity During the six months ending December 31, 2019, capital asset activities included $195,292 for the ETTM system project, $5,920 for computer equipment and $112,562 for transponder purchases. 91 Express Lanes Operating Statement YTD as of : 12/31/2019 Description Actual (1)Budget (1)Dollar $Percent (%) Operating revenues: Toll revenue 24,980,421.52$ 26,524,152.00$ (1,543,730.48)$ (5.8) Fee revenue 3,670,732.82 2,036,168.00 1,634,564.82 80.3 Total operating revenues 28,651,154.34 28,560,320.00 90,834.34 0.3 Operating expenses: Contracted services 3,116,701.55 3,823,520.00 706,818.45 18.5 Administrative fee 1,417,440.00 1,419,942.00 2,502.00 0.2 Other professional services 543,225.79 1,242,354.00 699,128.21 56.3 Credit card processing fees 650,278.67 710,775.00 60,496.33 8.5 Toll road account servicing 361,994.18 1,204,250.00 842,255.82 69.9 Other insurance expense 186,547.50 374,850.00 188,302.50 50.2 Toll road maintenance supply repairs 113,058.29 237,502.00 124,443.71 52.4 Patrol services 368,520.38 489,810.00 121,289.62 24.8 Building equipment repairs and maint (5,597.21) 166,142.00 171,739.21 103.4 6C Transponders - 125,000.00 125,000.00 100.0 Other services (14,568.00) 17,498.00 32,066.00 183.3 Utilities 19,873.73 36,738.00 16,864.27 45.9 Office expense 3.14 102,110.00 102,106.86 100.0 Bad debt expense 79,155.93 - (79,155.93) N/A Miscellaneous (2)37,397.45 75,000.00 37,602.55 50.1 Leases 180,718.19 229,908.00 49,189.81 21.4 Total operating expenses 7,054,749.59 10,255,399.00 3,200,649.41 31.2 Depreciation and amortization (3)1,770,709.34 - (1,770,709.34) N/A Operating income (loss)19,825,695.41 18,304,921.00 1,520,774.41 8.3 Nonoperating revenues (expenses): Reimbursement from Other Agencies 297,352.97 453,125.00 (155,772.03) (34.4) Interest income 2,750,255.80 1,898,046.00 852,209.80 44.9 Interest expense (2,318,787.33) (2,356,032.00) 37,244.67 1.6 Other 32,598.38 - 32,598.38 N/A Total nonoperating revenues (expenses)761,419.82 (4,861.00) 766,280.82 15,763.9 Transfers in - - - N/A Transfers out (14,460,192.17) (20,000.00) (14,440,192.17) (72,201.0) Net income (loss)6,126,923.06$ 18,280,060.00$ (12,153,136.94)$ (66.5) 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. YTD Variance 117 10 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the 91 Express Lanes for December 2019 was 1,254,586. This represents a daily average of 40,471 vehicles. This is a 4.7% increase in total traffic volume from the same period last year, which totaled 1,198,578. Potential toll revenue for the month was $5,277,144, which represents an increase of 21.9% from the prior year’s total of $4,327,741. Carpool percentage for December was 24.66% as compared to the previous year’s rate of 25.69%. 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 December 2019. Current Month-to-Date (MTD) as of December 31, 2019 Trips DEC-19 MTD Actual Stantec MTD Projected # Variance % Variance DEC-18 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 945,151 926,743 18,408 2.0% 890,682 6.1% 3+ Lanes 309,435 321,729 (12,294) (3.8%)307,896 0.5% Total Gross Trips 1,254,586 1,248,471 6,115 0.5% 1,198,578 4.7% Revenue Full Toll Lanes $5,238,975 $3,676,471 $1,562,504 42.5% $4,289,378 22.1% 3+ Lanes $38,169 $0 $38,169 $38,363 (0.5%) Total Gross Revenue $5,277,144 $3,676,471 $1,600,672 43.5% $4,327,741 21.9% Average Revenue per Trip Average Full Toll Lanes $5.54 $3.97 $1.57 39.5% $4.82 14.9% Average 3+ Lanes $0.12 $0.00 $0.12 $0.12 0.0% Average Gross Revenue $4.21 $2.94 $1.27 43.2% $3.61 16.6% 118 11 The 2020 fiscal year-to-date (YTD) traffic volume is 3.3% higher when compared with the same period last year. The 2020 fiscal year-to-date revenue is 21.1% higher than for the same period last year. The traffic and revenue increases are attributed to higher demand and increased toll rates to manage the demand. Year-to-date average revenue per-trip is $4.22. 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 2019 through December 2019. FY 2019-20 Year to Date as of December 31, 2019 Trips FY 2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY 2018-19 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 5,969,012 5,933,357 35,655 0.6% 5,777,160 3.3% 3+ Lanes 1,908,419 1,926,471 (18,052) (0.9%) 1,849,217 3.2% Total Gross Trips 7,877,431 7,859,829 17,602 0.2% 7,626,377 3.3% Revenue Full Toll Lanes $32,990,077 $23,315,471 $9,674,605 41.5% $27,199,627 21.3% 3+ Lanes $216,298 $0 $216,298 $212,527 1.8% Total Gross Revenue $33,206,375 $23,315,471 $9,890,904 42.4% $27,412,154 21.1% Average Revenue per Trip Average Full Toll Lanes $5.53 $3.93 $1.60 40.7% $4.71 17.4% Average 3+ Lanes $0.11 $0.00 $0.11 $0.11 0.0% Average Gross Revenue $4.22 $2.97 $1.25 42.1% $3.59 17.5% 119 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. 960,601 1,040,805 984,484 1,073,571 964,400 945,151 354,489 361,276 315,806 267,212 300,201 309,435 0 175,000 350,000 525,000 700,000 875,000 1,050,000 1,225,000 1,400,000 1,575,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20Volume Month FY 2019-20 Traffic Volume Overview Full Toll Lanes 3+ Lanes $5,213,968 $5,588,508 $5,326,713 $6,320,045 $5,301,867 $5,238,975 $43,333 $45,015 $34,653 $26,718 $28,411 $38,169 $2,800,000 $3,200,000 $3,600,000 $4,000,000 $4,400,000 $4,800,000 $5,200,000 $5,600,000 $6,000,000 $6,400,000 $6,800,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20RevenueMonth FY 2019-20 Revenue Summary Full Toll Lanes 3+ Lanes 120 13 RCTC PEAK-HOUR VOLUMES RCTC evaluates traffic volumes for peak period hours and either increases or decreases tolls according to the toll rate policy. Hours that are highlighted in yellow were operating in a degraded state. The next quarterly adjustment is scheduled for April 1, 2020. RCTC E ASTBOUND PEAK -HOUR VOLUMES 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 $5.30 225 959 1,184 D $6.95 229 990 1,219 E $9.00 188 813 1,001 D $11.85 242 1,146 1,388 F $21.00 273 922 1,195 D 1500 - 1600 $7.35 324 937 1,261 E $6.95 260 865 1,125 D $9.90 223 778 1,001 D $12.00 290 1,033 1,323 F $18.70 328 721 1,049 D 1600 - 1700 $5.30 173 898 1,071 D $5.30 186 1,026 1,212 E $5.30 138 755 893 C $7.50 162 865 1,027 D $10.45 242 886 1,128 D 1700 - 1800 $5.30 175 852 1,027 D $5.30 212 828 1,040 D $5.30 150 635 785 B $5.30 196 876 1,072 D $6.95 264 927 1,191 D 1800 - 1900 $5.30 259 748 1,007 D $5.30 272 806 1,078 D $5.30 197 522 719 B $5.30 256 823 1,079 D $5.30 291 897 1,188 D 1900 - 2000 $2.25 168 558 726 B $4.20 264 804 1,068 D $5.30 148 418 566 B $5.30 240 705 945 C $5.30 311 786 1,097 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 $5.30 205 983 1,188 D $6.95 252 1,025 1,277 E $9.00 219 1,064 1,283 E $11.85 226 1,121 1,347 F $21.00 259 1,144 1,403 F 1500 - 1600 $7.35 291 913 1,204 E $6.95 318 947 1,265 E $9.90 279 898 1,177 D $12.00 280 1,037 1,317 F $18.70 314 962 1,276 E 1600 - 1700 $5.30 188 907 1,095 D $5.30 175 892 1,067 D $5.30 204 932 1,136 D $7.50 194 875 1,069 D $10.45 226 984 1,210 E 1700 - 1800 $5.30 209 827 1,036 D $5.30 212 860 1,072 D $5.30 201 820 1,021 D $5.30 237 898 1,135 D $6.95 223 943 1,166 D 1800 - 1900 $5.30 254 786 1,040 D $5.30 283 763 1,046 D $5.30 224 881 1,105 D $5.30 268 838 1,106 D $5.30 295 857 1,152 D 1900 - 2000 $2.25 234 669 903 C $4.20 249 754 1,003 D $5.30 243 826 1,069 D $5.30 312 796 1,108 D $5.30 312 787 1,099 D PM Time 1400 - 1500 $5.30 213 992 1,205 E $6.95 207 1,040 1,247 E $9.00 214 1,075 1,289 E $11.85 249 1,157 1,406 F $21.00 298 1,046 1,344 F 1500 - 1600 $7.35 284 893 1,177 D $6.95 288 991 1,279 E $9.90 271 983 1,254 E $12.00 283 985 1,268 E $18.70 340 923 1,263 E 1600 - 1700 $5.30 208 950 1,158 D $5.30 177 947 1,124 D $5.30 200 1,014 1,214 E $7.50 203 885 1,088 D $10.45 224 943 1,167 D 1700 - 1800 $5.30 239 860 1,099 D $5.30 218 926 1,144 D $5.30 236 852 1,088 D $5.30 231 950 1,181 D $6.95 272 863 1,135 D 1800 - 1900 $5.30 284 779 1,063 D $5.30 291 838 1,129 D $5.30 240 914 1,154 D $5.30 306 851 1,157 D $5.30 337 853 1,190 D 1900 - 2000 $2.25 237 713 950 C $4.20 289 792 1,081 D $5.30 267 668 935 C $5.30 317 793 1,110 D $5.30 311 702 1,013 D PM Time 1400 - 1500 $5.30 260 878 1,138 D $21.00 375 793 1,168 D $5.30 407 672 1,079 D $11.85 233 712 945 C $21.00 348 997 1,345 F 1500 - 1600 $7.35 272 813 1,085 D $18.70 424 720 1,144 D $4.20 318 475 793 B $12.00 197 561 758 B $18.70 324 855 1,179 D 1600 - 1700 $5.30 213 881 1,094 D $10.45 295 706 1,001 D $2.25 265 341 606 B $7.50 147 438 585 B $10.45 242 889 1,131 D 1700 - 1800 $5.30 188 746 934 C $6.95 354 601 955 C $2.25 234 328 562 B $5.30 173 440 613 B $6.95 275 743 1,018 D 1800 - 1900 $5.30 248 681 929 C $5.30 361 599 960 C $2.25 292 297 589 B $5.30 181 343 524 B $5.30 282 630 912 C 1900 - 2000 $2.25 190 397 587 B $5.30 330 523 853 C $2.25 326 308 634 B $5.30 130 245 375 A $5.30 251 452 703 B PM Time 1400 - 1500 $5.30 276 882 1,158 D $21.00 312 929 1,241 E 1500 - 1600 $7.35 321 1,017 1,338 F $18.70 334 887 1,221 E 1600 - 1700 $5.30 211 888 1,099 D $10.45 256 919 1,175 D 1700 - 1800 $5.30 195 782 977 C $6.95 302 722 1,024 D 1800 - 1900 $5.30 168 557 725 B $5.30 307 583 890 C 1900 - 2000 $2.25 198 412 610 B $5.30 262 424 686 B Wednesday 01/01/20Monday12/30/19 Tuesday 12/31/19 Thursday 01/02/20 Friday 01/03/20 Thursday 12/26/19 Friday 12/27/19Monday12/23/19 Tuesday 12/24/19 Wednesday 12/25/19 Wednesday 12/18/19 Thursday 12/19/19 Friday 12/20/19Monday12/16/19 Tuesday 12/17/19 12/12/19 Friday 12/13/19Monday12/09/19 Tuesday 12/10/19 Wednesday 12/11/19 Wednesday 12/04/19 Thursday 12/05/19 Friday 12/06/19Monday12/02/19 Tuesday 12/03/19 Thursday 121 14 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 $2.95 84 665 749 B $5.30 91 744 835 C $5.30 90 617 707 B $5.30 78 848 926 C $5.30 97 672 769 B 1500 - 1600 $5.30 134 634 768 B $2.95 125 648 773 B $2.95 129 600 729 B $5.30 117 724 841 C $2.95 137 576 713 B 1600 - 1700 $2.95 94 643 737 B $2.95 94 551 645 B $2.95 82 555 637 B $2.95 89 636 725 B $2.95 109 578 687 B 1700 - 1800 $2.95 98 604 702 B $2.95 116 580 696 B $2.95 82 503 585 B $2.95 94 581 675 B $2.95 122 592 714 B 1800 - 1900 $2.95 111 562 673 B $2.95 128 549 677 B $2.95 96 442 538 B $2.95 137 601 738 B $2.95 172 578 750 B 1900 - 2000 $2.95 121 416 537 B $2.95 171 566 737 B $2.95 70 345 415 B $2.95 146 587 733 B $2.95 172 527 699 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 $2.95 113 671 784 B $5.30 104 745 849 C $5.30 106 793 899 C $5.30 109 843 952 C $5.30 114 782 896 C 1500 - 1600 $5.30 137 669 806 C $2.95 147 656 803 C $2.95 169 697 866 C $5.30 137 739 876 C $2.95 138 646 784 B 1600 - 1700 $2.95 98 688 786 B $2.95 107 714 821 C $2.95 96 699 795 B $2.95 109 601 710 B $2.95 97 685 782 B 1700 - 1800 $2.95 113 571 684 B $2.95 108 602 710 B $2.95 111 630 741 B $2.95 107 604 711 B $2.95 81 570 651 B 1800 - 1900 $2.95 132 542 674 B $2.95 135 593 728 B $2.95 110 547 657 B $2.95 139 624 763 B $2.95 164 506 670 B 1900 - 2000 $2.95 170 496 666 B $2.95 178 594 772 B $2.95 146 623 769 B $2.95 194 630 824 C $2.95 180 523 703 B PM Time 1400 - 1500 $2.95 116 713 829 C $5.30 122 811 933 C $5.30 102 758 860 C $5.30 122 850 972 C $5.30 126 753 879 C 1500 - 1600 $5.30 149 663 812 C $2.95 118 688 806 C $2.95 132 728 860 C $5.30 121 721 842 C $2.95 154 632 786 B 1600 - 1700 $2.95 106 677 783 B $2.95 97 677 774 B $2.95 95 655 750 B $2.95 103 568 671 B $2.95 118 677 795 B 1700 - 1800 $2.95 133 593 726 B $2.95 103 595 698 B $2.95 106 618 724 B $2.95 127 659 786 B $2.95 141 575 716 B 1800 - 1900 $2.95 129 577 706 B $2.95 143 604 747 B $2.95 120 624 744 B $2.95 162 620 782 B $2.95 183 609 792 B 1900 - 2000 $2.95 161 509 670 B $2.95 157 603 760 B $2.95 184 494 678 B $2.95 205 651 856 C $2.95 195 477 672 B PM Time 1400 - 1500 $2.95 122 627 749 B $5.30 228 537 765 B $2.95 236 426 662 B $5.30 114 465 579 B $5.30 155 666 821 C 1500 - 1600 $5.30 144 595 739 B $2.95 290 518 808 C $2.95 223 286 509 B $5.30 116 433 549 B $2.95 187 615 802 C 1600 - 1700 $2.95 115 554 669 B $2.95 177 503 680 B $2.95 144 231 375 A $2.95 82 315 397 A $2.95 120 539 659 B 1700 - 1800 $2.95 115 458 573 B $2.95 219 375 594 B $2.95 180 216 396 A $2.95 117 323 440 B $2.95 135 469 604 B 1800 - 1900 $2.95 134 460 594 B $2.95 200 410 610 B $2.95 255 224 479 B $2.95 121 235 356 A $2.95 152 418 570 B 1900 - 2000 $2.95 124 286 410 B $2.95 237 394 631 B $2.95 292 252 544 B $2.95 91 151 242 A $2.95 154 296 450 B PM Time 1400 - 1500 $2.95 117 591 708 B $5.30 165 680 845 C 1500 - 1600 $5.30 162 649 811 C $2.95 146 505 651 B 1600 - 1700 $2.95 86 595 681 B $2.95 150 574 724 B 1700 - 1800 $2.95 109 489 598 B $2.95 176 501 677 B 1800 - 1900 $2.95 115 405 520 B $2.95 164 398 562 B 1900 - 2000 $2.95 118 321 439 B $2.95 134 253 387 A Thursday 01/02/20 Friday 01/03/20Monday12/30/19 Tuesday 12/31/19 Wednesday 01/01/20 Wednesday 12/25/19 Thursday 12/26/19 Friday 12/27/19Monday12/23/19 Tuesday 12/24/19 Thursday 12/19/19 Friday 12/20/19Monday12/16/19 Tuesday 12/17/19 Wednesday 12/18/19 Wednesday 12/11/19 Thursday 12/12/19 Friday 12/13/19Monday12/09/19 Tuesday 12/10/19 Monday 12/02/19 Tuesday 12/03/19 Wednesday 12/04/19 Thursday 12/05/19 Friday 12/06/19 122 15 RCTC W ESTBOUND PEAK-HOUR VOLUMES 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 $10.80 435 1,115 1,550 F $10.80 404 1,100 1,504 F $10.80 374 1,013 1,387 F $10.50 377 1,074 1,451 F $5.30 389 717 1,106 D 0500 - 0600 $23.25 499 858 1,357 F $22.80 497 829 1,326 E $18.40 368 920 1,288 E $17.50 459 1,111 1,570 F $12.20 449 1,041 1,490 F 0600 - 0700 $20.20 330 900 1,230 E $17.45 304 861 1,165 D $19.40 304 545 849 C $19.40 344 737 1,081 D $11.45 383 1,168 1,551 F 0700 - 0800 $16.35 320 1,258 1,578 F $16.35 313 1,358 1,671 F $17.10 320 1,167 1,487 F $15.30 308 1,361 1,669 F $9.30 336 1,207 1,543 F 0800 - 0900 $11.15 200 1,365 1,565 F $11.45 180 1,518 1,698 F $11.45 164 1,288 1,452 F $12.20 183 1,445 1,628 F $8.00 181 1,129 1,310 E 0900 - 1000 $6.95 176 987 1,163 D $9.00 153 1,123 1,276 E $8.00 148 1,049 1,197 D $9.00 178 1,044 1,222 E $5.30 167 884 1,051 D 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 $10.80 404 1,146 1,550 F $10.80 407 1,148 1,555 F $10.80 390 1,233 1,623 F $10.50 416 1,210 1,626 F $5.30 353 733 1,086 D 0500 - 0600 $23.25 482 920 1,402 F $22.80 550 903 1,453 F $18.40 449 1,115 1,564 F $17.50 478 1,177 1,655 F $12.20 415 1,121 1,536 F 0600 - 0700 $20.20 336 877 1,213 E $17.45 322 836 1,158 D $19.40 379 653 1,032 D $19.40 382 804 1,186 D $11.45 421 1,161 1,582 F 0700 - 0800 $16.35 314 1,258 1,572 F $16.35 317 1,249 1,566 F $17.10 327 1,283 1,610 F $15.30 318 1,307 1,625 F $9.30 315 1,221 1,536 F 0800 - 0900 $11.15 175 1,492 1,667 F $11.45 172 1,567 1,739 F $11.45 207 1,448 1,655 F $12.20 200 1,428 1,628 F $8.00 184 1,155 1,339 E 0900 - 1000 $6.95 165 1,134 1,299 E $9.00 162 1,121 1,283 E $8.00 166 1,126 1,292 E $9.00 186 1,207 1,393 F $5.30 158 1,002 1,160 D AM Time 0400 - 0500 $10.80 421 1,134 1,555 F $10.80 359 1,133 1,492 F $10.80 418 1,236 1,654 F $10.50 436 1,144 1,580 F $5.30 313 727 1,040 D 0500 - 0600 $23.25 438 839 1,277 E $22.80 537 894 1,431 F $18.40 441 1,165 1,606 F $17.50 508 1,054 1,562 F $12.20 400 1,110 1,510 F 0600 - 0700 $20.20 342 929 1,271 E $17.45 341 830 1,171 D $19.40 385 702 1,087 D $19.40 422 772 1,194 D $11.45 389 1,173 1,562 F 0700 - 0800 $16.35 313 1,351 1,664 F $16.35 337 1,360 1,697 F $17.10 342 1,335 1,677 F $15.30 359 1,330 1,689 F $9.30 323 1,162 1,485 F 0800 - 0900 $11.15 179 1,478 1,657 F $11.45 206 1,448 1,654 F $11.45 179 1,458 1,637 F $12.20 248 1,343 1,591 F $8.00 161 1,170 1,331 E 0900 - 1000 $6.95 179 1,117 1,296 E $9.00 172 1,205 1,377 F $8.00 163 1,094 1,257 E $9.00 199 1,139 1,338 E $5.30 189 874 1,063 D AM Time 0400 - 0500 $10.80 301 759 1,060 D $5.30 143 366 509 B $1.55 10 12 22 A $10.50 202 564 766 B $5.30 212 404 616 B 0500 - 0600 $23.25 322 607 929 C $12.20 162 316 478 B $1.55 10 13 23 A $17.50 223 483 706 B $12.20 212 529 741 B 0600 - 0700 $20.20 209 652 861 C $11.45 76 306 382 A $1.55 8 18 26 A $19.40 130 282 412 B $11.45 202 554 756 B 0700 - 0800 $16.35 172 720 892 C $9.30 101 393 494 B $1.55 17 43 60 A $15.30 140 452 592 B $9.30 142 544 686 B 0800 - 0900 $11.15 246 1,190 1,436 F $8.00 84 348 432 B $1.55 52 89 141 A $12.20 115 581 696 B $8.00 124 583 707 B 0900 - 1000 $6.95 203 746 949 C $5.30 126 371 497 B $1.55 112 217 329 A $9.00 119 389 508 B $5.30 171 493 664 B AM Time 0400 - 0500 $10.80 240 668 908 C $5.30 184 481 665 B 0500 - 0600 $23.25 276 590 866 C $12.20 219 509 728 B 0600 - 0700 $20.20 150 501 651 B $11.45 115 382 497 B 0700 - 0800 $16.35 155 671 826 C $9.30 126 423 549 B 0800 - 0900 $11.15 128 640 768 B $8.00 91 368 459 B 0900 - 1000 $6.95 137 558 695 B $5.30 128 398 526 B Wednesday 01/01/20 Friday 12/27/19 Thursday 01/02/20 Friday 01/03/20 12/16/19 Tuesday 12/17/19 Monday 12/30/19 Tuesday 12/31/19 Thursday 12/26/19 12/02/19 Tuesday 12/03/19 Thursday Monday 12/23/19 Tuesday 12/24/19 Wednesday 12/25/19 Wednesday 12/18/19 Thursday 12/19/19 Friday 12/20/19Monday 12/12/19 Friday 12/13/19Monday12/09/19 Tuesday 12/10/19 Wednesday 12/11/19 Wednesday 12/04/19 Thursday 12/05/19 Friday 12/06/19Monday 123 16 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 $6.85 264 799 1,063 D $5.30 233 865 1,098 D $5.30 244 699 943 C $5.30 201 773 974 C $2.95 205 666 871 C 0500 - 0600 $18.00 382 1,182 1,564 F $17.25 311 1,029 1,340 E $16.60 309 1,024 1,333 E $13.50 338 1,104 1,442 F $6.85 325 938 1,263 E 0600 - 0700 $19.35 303 1,070 1,373 E $17.55 290 1,101 1,391 E $19.65 265 898 1,163 D $14.50 296 1,102 1,398 E $6.85 250 1,043 1,293 E 0700 - 0800 $12.15 227 1,082 1,309 E $13.45 232 1,328 1,560 F $12.45 171 976 1,147 D $11.40 216 1,223 1,439 F $6.85 213 987 1,200 D 0800 - 0900 $6.85 107 1,102 1,209 E $8.85 101 1,296 1,397 E $6.85 94 1,051 1,145 D $8.85 89 1,121 1,210 E $5.30 91 909 1,000 C 0900 - 1000 $5.30 100 756 856 C $5.30 108 946 1,054 D $5.30 85 817 902 C $5.30 97 898 995 C $2.95 81 801 882 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 $6.85 251 795 1,046 D $5.30 234 845 1,079 D $5.30 221 855 1,076 D $5.30 225 791 1,016 D $2.95 212 664 876 C 0500 - 0600 $18.00 322 1,173 1,495 F $17.25 363 1,137 1,500 F $16.60 334 1,137 1,471 F $13.50 364 1,199 1,563 F $6.85 281 906 1,187 D 0600 - 0700 $19.35 280 1,100 1,380 E $17.55 320 1,146 1,466 F $19.65 289 1,119 1,408 F $14.50 304 1,092 1,396 E $6.85 231 1,086 1,317 E 0700 - 0800 $12.15 210 1,233 1,443 F $13.45 233 1,282 1,515 F $12.45 235 1,293 1,528 F $11.40 194 1,173 1,367 E $6.85 172 1,024 1,196 D 0800 - 0900 $6.85 109 1,249 1,358 E $8.85 127 1,419 1,546 F $6.85 118 1,313 1,431 F $8.85 100 1,172 1,272 E $5.30 87 951 1,038 D 0900 - 1000 $5.30 108 944 1,052 D $5.30 91 1,028 1,119 D $5.30 136 959 1,095 D $5.30 119 887 1,006 D $2.95 107 789 896 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 $6.85 198 887 1,085 D $5.30 214 858 1,072 D $5.30 235 799 1,034 D $5.30 258 812 1,070 D $2.95 178 731 909 C 0500 - 0600 $18.00 315 1,176 1,491 F $17.25 326 1,200 1,526 F $16.60 320 1,137 1,457 F $13.50 374 1,101 1,475 F $6.85 267 954 1,221 E 0600 - 0700 $19.35 273 1,104 1,377 E $17.55 289 1,140 1,429 F $19.65 302 1,106 1,408 F $14.50 316 1,084 1,400 E $6.85 228 1,046 1,274 E 0700 - 0800 $12.15 230 1,223 1,453 F $13.45 277 1,248 1,525 F $12.45 190 1,129 1,319 E $11.40 210 1,062 1,272 E $6.85 176 993 1,169 D 0800 - 0900 $6.85 105 1,170 1,275 E $8.85 126 1,242 1,368 E $6.85 90 1,236 1,326 E $8.85 114 1,089 1,203 E $5.30 104 901 1,005 D 0900 - 1000 $5.30 93 900 993 C $5.30 101 983 1,084 D $5.30 114 936 1,050 D $5.30 116 930 1,046 D $2.95 94 815 909 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 $6.85 194 601 795 B $2.95 83 281 364 A $1.95 10 14 24 A $5.30 112 380 492 B $2.95 114 393 507 B 0500 - 0600 $18.00 263 819 1,082 D $6.85 106 313 419 B $1.95 13 28 41 A $13.50 163 511 674 B $6.85 146 464 610 B 0600 - 0700 $19.35 159 704 863 C $6.85 66 356 422 B $1.95 21 36 57 A $14.50 107 442 549 B $6.85 137 504 641 B 0700 - 0800 $12.15 114 716 830 C $6.85 48 284 332 A $1.95 14 37 51 A $11.40 71 446 517 B $6.85 85 477 562 B 0800 - 0900 $6.85 76 574 650 B $5.30 63 295 358 A $1.95 53 87 140 A $8.85 55 438 493 B $5.30 97 510 607 B 0900 - 1000 $5.30 123 646 769 B $2.95 101 332 433 B $1.95 136 189 325 A $5.30 106 413 519 B $2.95 130 499 629 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 $6.85 151 490 641 B $2.95 120 345 465 B 0500 - 0600 $18.00 201 681 882 C $6.85 145 486 631 B 0600 - 0700 $19.35 134 598 732 B $6.85 77 474 551 B 0700 - 0800 $12.15 78 523 601 B $6.85 61 387 448 B 0800 - 0900 $6.85 73 559 632 B $5.30 56 395 451 B 0900 - 1000 $5.30 96 516 612 B $2.95 93 340 433 B Thursday 01/02/20 Friday 01/03/20Monday12/30/19 Tuesday 12/31/19 Wednesday 01/01/20 Wednesday 12/25/19 Thursday 12/26/19 Friday 12/27/19Monday12/23/19 Tuesday 12/24/19 Thursday 12/19/19 Friday 12/20/19Monday12/16/19 Tuesday 12/17/19 Wednesday 12/18/19 Wednesday 12/11/19 Thursday 12/12/19 Friday 12/13/19Monday12/09/19 Tuesday 12/10/19 Monday 12/02/19 Tuesday 12/03/19 Wednesday 12/04/19 Thursday 12/05/19 Friday 12/06/19 124 17 RCTC OP ERATIONAL HIGHLIGHTS On-road Operations RCTC Freeway Service Patrol (FSP) responded to 64 calls during the month of December. Of those calls, 54 were to assist disabled vehicles, 6 calls to remove debris and 4 were in response to accidents in the Express Lanes 6C Transponder Technology In December, the 91 Express Lanes began sending letters to customers notifying them of the transition to the new 6C protocol, as well as changes to the account plans, user agreement and privacy policy. A new welcome kit, which includes mounting instructions, has been designed and developed and will be sent with the new sticker transponders in the upcoming weeks. It is envisioned the distribution of the new transponders to all the customers will take place over several months. 125 18 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement 12/31/2019 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 30,520,448.48$ 18,294,550.00$ 12,225,898.48$ 66.8 Fee Revenue 3,929,501.92 2,640,150.00 1,289,351.92 48.8 Total operating revenues 34,449,950.40 20,934,700.00 13,515,250.40 64.6 Operating expenses: Salaries and Benefits 391,797.29 676,700.00 284,902.71 42.1 Legal Services 110,402.19 175,000.00 64,597.81 36.9 Advisory Services 29,617.58 37,500.00 7,882.42 21.0 Audit and Accounting Fees 46,000.00 23,500.00 (22,500.00) (95.7) Service Fees 1,086.78 13,000.00 11,913.22 91.6 Other Professional Services 111,477.97 737,950.00 626,472.03 84.9 Lease Expense 112,696.47 128,250.00 15,553.53 12.1 Operations 1,406,386.19 1,814,250.00 407,863.81 22.5 Utilities 13,881.70 31,250.00 17,368.30 55.6 Supplies and Materials 123.62 2,500.00 2,376.38 95.1 Membership and Subscription Fees 20,056.75 12,500.00 (7,556.75) (60.5) Office Equipment & Furniture (Non-Capital)747.12 2,500.00 1,752.88 70.1 Maintenance/Repairs 71,405.32 174,900.00 103,494.68 59.2 Training Seminars and Conferences 350.00 2,250.00 1,900.00 84.4 Transportation Expenses 140.83 3,750.00 3,609.17 96.2 Lodging 1,328.48 3,500.00 2,171.52 62.0 Meals 302.88 500.00 197.12 39.4 Other Staff Expenses 328.10 500.00 171.90 34.4 Advertising 38.00 95,000.00 94,962.00 100.0 Program Management 38,113.07 - (38,113.07) N/A Program Operations 3,507,671.85 5,328,350.00 1,820,678.15 34.2 Litigation Settlement - 5,000.00 5,000.00 100.0 Furniture & Equipment 265,261.31 375,000.00 109,738.69 29.3 Improvements 16,032.27 8,050.00 (7,982.27) (99.2) Depreciation 2,695,986.01 #- (2,695,986.01) N/A Bad Debt Expense 8.30 - (8.30) N/A Total operating expenses 8,841,240.08 9,651,700.00 810,459.92 8.4 Operating income (loss)25,608,710.32 11,283,000.00 14,325,710.32 127.0 Nonoperating revenues (expenses): Interest Revenue 1,132,450.03 761,050.00 371,400.03 (48.8) Other Miscellaneous Revenue (875.72) - (875.72) N/A Interest Expense (12,566,517.39) (3,559,950.00) (9,006,567.39) 253.0 Total nonoperating revenues (expenses)(12,263,642.90) (2,798,900.00) (9,464,742.90) (338.2) Transfers In - - - N/A Transfers Out (325,600.00) (1,529,750.00) 1,204,150.00 (78.7) Net income (loss)13,019,467.42$ 6,954,350.00$ 6,065,117.42$ 87.2 1 Unaudited 2 Depreciation is not a budgeted expense YTD as of : YTD Variance Actual1 126 19 JOINT AGENCY TRIP AND REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING December 31, 2019 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 700,650 455,249 65% 1,765,894$ RCTC 672,805 455,249 68% 3,378,110$ I-15 296,322 204,234 69% 1,407,025$ McKinley 376,483 251,015 67% 1,971,085$ Eastbound OCTA 739,586 429,066 58% 2,572,405$ RCTC 581,781 429,066 74% 1,899,034$ I-15 222,069 174,260 78% 492,501$ McKinley 359,712 254,806 71% 1,406,533$ 65%58%68%74% - 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 127 20 JOINT AGENCY PERFORMANCE MEASURES JOINT AGENCY TRANSPONDER DISTRIBUTION Dec-19 Performance CUSTOMER SERVICE Call Wait Time Monthly Not to exceed 2 minutes 1:01 Abandon Rate Monthly No more than 4.0% 1.3% Customer Satisfaction Monthly At least 75 outbound calls 75 VIOLATION PROCESSING Response Time Monthly Within 2 business days of receipt 0.8 CUSA Violation Collection Rate Quarterly 70% or more 69% CUSA Violation Collection Rate Annually 74% or more 70% TRAFFIC OPERATIONS Initial & Secondary Reviews Monthly Equal to or less than 15 days 1.0 *Plate Misread Errors Monthly Equal to or less than 0.4% 0.01% CAS Response Time Monthly 0:20 (minutes) per call 0:12 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 Period 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 1,143 47.5% 870 53.9% 1,338 50.4% Additional Tags to Existing Accounts 805 33.5% 472 29.2% 804 30.3% Replacement Transponders 458 19.0% 272 16.9% 515 19.4% Total Issued 2,406 1,614 2,657 Returned Account Closures 400 47.3% 420 38.3% 475 40.4% Accounts Downsizing 147 17.4% 107 9.8% 154 13.1% Defective Transponders 299 35.3% 570 52.0% 546 46.5% Total Returned 846 1,097 1,175 FY 2019-20TRANSPONDER DISTRIBUTION December-19 November-19 Average To-Date 128 21 At the end of December 2019, the 91 Express Lanes had 150,399 active customer accounts and 229,597 transponders classified as Assigned. Number of Accounts by Fiscal Year As of December 31, 2019 Incoming Email Activity During December, the Anaheim Processing Center received 2,928 emails. 112,584 112,473 112,929 113,672 116,813 119,782 130,048 140,694 148,054 150,246 150,451 150,399 60,000 70,000 80,000 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 Fiscal Year 129 AGENDA ITEM 8 Agenda Item 8 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 27, 2020 TO: Toll Policy and Operations Committee FROM: Reinland Jones, Toll Technology Manager Jennifer Crosson, Toll Operations Manager THROUGH: Michael Blomquist, Toll Program Director SUBJECT: Caltrans Maintenance Amendment for RCTC 91 Express Lanes and 15 Express Lanes STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Agreement No. 17-31-021-03, Amendment to No. 3 to Agreement No. 17-31-021-00, with the California Department of Transportation (Caltrans) for roadway maintenance of the RCTC 91 Express lanes and 15 Express Lanes in an amount not to exceed $400,000 for FY 2020/21; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreement on behalf of the Commission; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: On May 14, 2016, the Commission entered into a Facility Maintenance Agreement (FMA) with Caltrans to maintain the RCTC 91 Express Lanes roadway to fulfill the Commission’s obligation to perform maintenance under Toll Facility Agreement (TFA) Agreement No. 12-31-067-00 for the 91 Express Lanes. In the TFA, Caltrans is stated as an option for roadway maintenance, but not required. The Commission entered into the initial FMA for the 91 Express Lanes because Caltrans was familiar with the facility and provided a simple maintenance option for the Commission as a new operator of the 91 Express Lanes. Local Caltrans staff has worked with its Orange County counterparts and Commission staff to reduce the length of the scheduled maintenance closures with coordination and staging of the work to be performed. They also coordinated work for adjacent projects that required closure of the 91 Express Lanes to minimize the number of closures. During the last three years, Caltrans has proven to be a valuable resource to staff and the travelling public. It has performed the maintenance services in a timely and effective manner. It has provided routine maintenance every third week according to the agreed upon schedule. Routine maintenance activities include inspection of the roadway, channelizer replacement, 130 Agenda Item 8 pavement marker repair, pavement repair, sweeping and debris removal, drainage clearing, and other maintenance items. It has responded to emergency repairs and incidents in a timely manner. Each year Caltrans and the Commission establish a work plan, and the amount of the services to be provided in the work plan are submitted to the Commission in the recurring contracts cycle. Caltrans has performed the work described in the work plan on time and under budget. On September 29, 2016, the Commission entered into TFA Agreement No. 17-31-002-00 for the 15 Express Lanes with the same provisions that the Commission is responsible for providing ongoing maintenance and Caltrans may be used as a provider of such maintenance should the Commission chose to use Caltrans. Caltrans’ integral role in the construction of the 15 Express Lanes, experience providing maintenance for the 91 Express Lanes, and ability to perform the wide range of services required to ensure continued operation and maintenance of the 15 Express Lanes makes it an excellent choice as the roadway maintenance provider. Staff recommends that the existing FMA with Caltrans be amended to include maintenance services for the 15 Express Lanes beginning with the opening of the 15 Express Lanes in FY 2020/21. The cost of Caltrans providing maintenance services for the 91 Express Lanes in FYs 2017/18 and 2018/19 was $171,375 and $165,625, respectively. It is estimated the FY 2019/20 91 Express Lanes maintenance cost will be $180,000. Staff worked with Caltrans to develop a work plan for FY 2020/21 for the combined 91 and 15 Express Lanes maintenance services. The work plan includes routine maintenance every three weeks and emergency maintenance based on past experience. The cost includes Caltrans labor, California Highway Patrol labor (for closures), equipment rental, and materials. The cost for the 91 Express Lanes emergency maintenance is estimated to be higher than that of the 15 Express Lanes during the initial year of operation because certain work, such as pavement repair, will be performed by the 15 Express Lanes design-build contractor under warranty. The estimated costs for the combined 91 and 15 Express Lanes maintenance services in FY 2020/21 is $400,000: $220,000 for the 91 Express Lanes and $180,000 for the 15 Express Lanes. A summary of the work plan breakdown by facility is as follows: Maintenance Category 91 Express Lanes 15 Express Lanes Routine Maintenance $ 120,000 $ 120,000 Emergency Maintenance 100,000 60,000 Total Maintenance $ 220,000 $ 180,000 131 Agenda Item 8 This is a not to exceed amount, and Caltrans is only paid for work performed according to the established work plan. Staff will seek Commission approval for subsequent years of work during the recurring contract process. The Commission’s Procurement Policy Manual adopted September 9, 2015, allows for the non- competitive procurement of non-federally funded services if the services are to be provided by a government or other public entity. Contracting with Caltrans for these services will prevent unnecessary delays and allow for efficient maintenance and emergency response coordination along the 91 Express Lanes and 15 Express Lanes in Riverside County. Staff recommends the Commission approve Amendment No. 3 to Agreement No. 17-31-021-00, the Caltrans FMA, for roadway maintenance for the 91 Express Lanes and 15 Express Lanes in the amount not to exceed $400,000 for FY 2020/21. Financial Information In Fiscal Year Budget: N/A Year: FY 2020/21 Amount: $400,000 Source of Funds: Toll Revenues Budget Adjustment: N/A GL/Project Accounting No.: 009199 73305 00000 0000 591 31 73301 001599 73305 00000 0000 515 31 73301 Fiscal Procedures Approved: Date: 02/11/2020 Attachment: Draft Amendment No. 17-31-021-03 132 1 17336.02101\32328543.1 Agreement No. 17-31-021-03 TOLL-AGR-00003 AMENDMENT NO. 3 TO FREEWAY MAINTENANCE AGREEMENT BY AND BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION REGARDING 91 EXPRESS LANES AND ADDING 15 EXPRESS LANES 1. Parties and Date This Amendment No. 3 to the Freeway Maintenance Agreement is made and entered into as of ____________, 20___, by and between the State of California, acting by and through the Department of Transportation ("Caltrans"), and the Riverside County Transportation Commission, a California county transportation commission ("RCTC"). 2. Recitals 2.1 Caltrans and RCTC have entered into that certain Freeway Maintenance Agreement dated March 17, 2017 (the “FMA”) for the purpose of providing for Caltrans maintenance of the Toll Facility, as that term is defined in the FMA. 2.2 Caltrans and RCTC have entered into that certain Amendment No. 1 to the FMA dated July 1, 2018 for the purpose of including the Work Plan and Budget, as those terms are defined in the FMA, for fiscal year 2018-2019. 2.3 Caltrans and RCTC have entered into that certain Amendment No. 2 to the FMA, dated July 1, 2019, for the purpose of updating Exhibit “A” of the FMA to include the Work Plan and Budget for fiscal year 2019-2020. 2.4 The parties now desire to amend the FMA in order to include services for the I-15 Express Lanes in Riverside County. 3. Terms 3.1 The cover page and title of the FMA shall be amended to include reference to the 15 Express Lanes. 3.2 The recitals of the FMA shall be amended in their entirety, and replaced with the following, which recitals shall be incorporated into the FMA by reference as though fully set forth therein: 133 2 17336.02101\32328543.1 1.1 91 Toll Facility. 1.1.1 RCTC and Caltrans have entered into a 91 CIP Design-Build Cooperative Agreement, dated July 25, 2012, pursuant to which RCTC, though use of a design-build contractor, constructed the 91 Corridor Improvement Project (“91 CIP”), which included construction of the initial “91 Toll Facility” defined as follows: (a) Extension of the existing OCTA 91 Express Lanes approximately 7.5 miles east from the Orange/Riverside County line to I-15. (b) Addition of a direct connector from the “RCTC 91 Express Lanes” to the median of I-15 south of SR-91 to Ontario Avenue. The tolled lanes include one-lane connectors approximately 2.8 miles in each direction in the median of I- 15 providing access and egress to and from the “RCTC 91 Express Lanes”. 1.1.2 RCTC and Caltrans have entered into a 91 Toll Facility Agreement ("91 TFA"), effective as of May 14, 2012, under the authority of Section 130240, et seq., of the Public Utilities Code; Section 143 of the Streets and Highways Code, Section 6800, et seq., of the Public Contracts Code, and the Section 129 Agreement entered into between RCTC, Caltrans and the Federal Highway Administration, dated August 18, 2009. The 91 TFA provides for use of the identified portions of the State Highway right of way for the operation and maintenance of the 91 Toll Facility. The Section 129 Agreement requires Caltrans to annually certify that RCTC is adequately maintaining the 91 Toll Facility. 1.1.3 Under the 91 TFA, RCTC must submit to Caltrans for its annual approval a maintenance plan for the 91 Toll Facility, which, to the extent that RCTC engages Caltrans to perform maintenance services, shall be the work plan adopted pursuant to this Maintenance Agreement. Pursuant to the 91 TFA, RCTC is responsible for the maintenance of the 91 Toll Facility in accordance with the Caltrans furnished Maintenance Standards, defined below. 1.2 15 Toll Facility. 1.2.1 RCTC and Caltrans have entered into a 15 Design-Build 134 3 17336.02101\32328543.1 Cooperative Agreement, dated May 31 , 2016, pursuant to which RCTC, though use of a design-build contractor, is constructing the 15 Express Lanes Project (“15 ELP”), which includes construction of the “15 Toll Facility” defined as follows: (a) Addition to the I-15 of two tolled express lanes in each direction (a total of four tolled express lanes) from Cajalco Road in Corona, California to the SR 60 interchange in Jurupa Valley, California. 1.2.2 RCTC and Caltrans have entered into a 15 Toll Facility Agreement ("15 TFA"), dated September 29, 2016, under the authority of Section 130000, et seq., of the Public Utilities Code; Section 149.8 of the Streets and Highways Code, and Section 6820, et seq., of the Public Contracts Code. The 15 TFA provides for use of the identified portions of the State Highway right of way for the operation and maintenance of the 15 Toll Facility. 1.2.3 Under the 15 TFA, RCTC must submit to Caltrans for its annual approval a maintenance plan for the 15 Toll Facility, which, to the extent that RCTC engages Caltrans to perform maintenance services, shall be the work plan adopted pursuant to this Maintenance Agreement. Pursuant to the 15 TFA, RCTC is responsible for the maintenance of the 15 Toll Facility in accordance with the Caltrans furnished Maintenance Standards, defined below. 1.3 Toll Facility. As used in this FMA, the term “Toll Facility” shall mean and refer, collectively, to the 91 Toll Facility and the 15 Toll Facility. 1.4 TFA. As used in this FMA, the term “TFA” shall mean and refer, collectively, to the 91 TFA and the 15 TFA. 1.5 Caltrans is the state agency responsible for the planning, financing, implementation and maintenance of the State Highway System serving the State of California. 1.6 The Parties desire Caltrans to maintain the Toll Facility as set forth in this FMA for the term hereof with the purpose of (a) providing safe passage for the traveling public through the Toll Facility, (b) meeting RCTC’s maintenance obligations under the TFA, (c) safeguarding all Caltrans, California Highway Patrol, RCTC, toll operator and other workers, and (d) causing minimum interference with RCTC's ability 135 4 17336.02101\32328543.1 to provide a high quality transportation service to motorists and meet other obligations associated with the 91 CIP, and the 15 ELP. 1.7 The Parties do not desire Caltrans to maintain toll collection components such as ETC System, AVI, data networks, toll enforcement equipment, offices, communications centers or other facilities which are not located within the State right of way. 3.3 Section 3.3 of the FMA, Scheduled Maintenance- Scheduling, shall be amended in its entirety, and replaced with the following: 3.3 Scheduled Maintenance – Scheduling. Scheduled Maintenance shall be provided at the frequency set forth in the Work Plan. Scheduled Maintenance shall be performed as directed by RCTC during low volume traffic periods to minimize loss of toll revenue and disruption to traffic operations. The Parties may establish, in writing, dates and times during which Scheduled Maintenance is to occur (“Scheduled Maintenance Windows”). The Parties shall, from time to time, review and redefine the Scheduled Maintenance Windows, if any, to optimize revenue collection and Caltrans’ ability to operate effectively and efficiently. Multiple maintenance windows during a month may be required to accomplish Scheduled Maintenance. At its discretion, either Party reserves the right to cancel Scheduled Maintenance upon reasonable prior notice to the other Party. Caltrans shall assign a Caltrans Maintenance Supervisor level representative to work alongside RCTC’s toll operator to plan the Scheduled Maintenance activity in advance of the Scheduled Maintenance time. The Scheduled Maintenance tasks will be planned in the annual Work Plan and adjusted on a monthly basis to meet the actual Toll Facility needs. Caltrans shall coordinate maintenance activities with the operators of the 91 Toll Facility and the 15 Toll Facility, respectively, and Caltrans District 12 maintenance. 3.4 Section 5.2.2 and Section 5.4 of the FMA refer to the dispute resolution process contained in Section 18.6 of the TFA. The Parties agree that this shall be amended to refer to the dispute resolution process contained in Section 18.6 of the 91 TFA. 3.5 Exhibit “A” of the FMA shall be amended to include the final, approved Work Plan and Budget for fiscal year 2020-2021, in the form attached to this Amendment No. 3 as Exhibit “A” and incorporated herein by reference. 136 5 17336.02101\32328543.1 3.6 Except as amended by this Amendment No. 3, all provisions of the FMA shall remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. 3.7 This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original. 3.9 A manually signed copy of this Amendment No. 3 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 3 for all purposes. [Signatures on following page] 137 6 17336.02101\32328543.1 SIGNATURE PAGE TO AMENDMENT NO. 3 TO FREEWAY MAINTENANCE AGREEMENT STATE OF CALIFORNIA RIVERSIDE COUNTY DEPARTMENT OF TRANSPORTATION TRANSPORTATION COMMISSION By: By: Anne Mayer, Executive Director Title: _________________________ APPROVED AS TO FORM AND APPROVED AS TO FORM: PROCEDURE: By: Assistant Chief Counsel Legal Counsel Department of Transportation Best, Best & Krieger LLP CERTIFIED AS TO FUNDS: By: _____________________________ Title: ____________________________ 138 Exhibit A 17336.02101\32328543.1 Exhibit “A” Work Plan and Budget Fiscal Year 2020-2021 [attached behind this page] 139 CALTRANS MAINTENANCE AMENDMENT FOR RCTC 91 EXPRESS LANES AND 15 EXPRESS LANES Toll Policy and Operations Committee Meeting February 27, 2020 Reinland Jones, Toll Technology Manager 1 Freeway Maintenance Agreement -Caltrans 2 91 Express Lanes –Roadway Maintenance Performance 3 4 15 Express Lanes 5 •Consistent Scope of Work •Coordination and pre-planning •Shared spare parts •Work force experience Proposed amendment 6 •Fiscal Year 2021 Work Plan Maintenance Category 91 Express Lanes 15 Express Lanes Routine Maintenance $120,000 $120,000 Emergency Maintenance $100,000 $60,000 Total Maintenance $220,000 $180,000 QUESTIONS? 7 AGENDA ITEM 9 Agenda Item 9 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 27, 2020 TO: Toll Policy and Operations Committee FROM: Jennifer Crosson, Toll Operations Manager THROUGH: Michael Blomquist, Toll Program Director SUBJECT: 6C Toll Transponder Transition Update STAFF RECOMMENDATION: This item is for the Committee to receive and file a presentation on the status of the 6C toll transponder transition. BACKGROUND INFORMATION: California’s toll transponder technology is prescribed by state regulation, referred to as Title 21, which is managed by Caltrans. In 2017, Caltrans, with the support of the California toll operators, amended the state regulation to change the transponder technology from the former protocol, which has been in place since 1993, to a new technology referred to as 6C. Since 2017, the Commission has been working toward the transition to the new 6C technology. Since the adoption of the state regulation in 2017, staff received the Commission’s approval on many items necessary to make the transition to the 6C technology. Today’s presentation serves as a recap of the work performed to date and the status of the 6C toll transponder transition. 140 91 EXPRESS LANES6C TRANSITION STATUS Toll Policy and Operations Committee Meeting February 27, 2020 Jennifer Crosson, Toll Operations Manager 1 Title 21 –CA State Regulation 2 •Dictates transponder technology for tolling •2017 Amendment changed from existing technology to 6C –Battery-free –Smaller in size –Less expensive –Open protocol advances national interoperability 3 Replace old transponders with 6C transponders Change back office software Change 91expresslanes.com and customer materials Purchase 6C transponders Upgrade lane system Account policy changes Milestones Account Policy Changes 4 •Commission approved July of 2018 •Simplifies account plans •Reduces monthly account fees •Offers a discount for frequent users •Requires purchase of transponders 6C Transponders 5 •Commission approved contract July of 2018 •6C transponders are in inventory and being issued –Internal sticker –External headlamp sticker –Internal switchable 91 Express Lanes Roadside System •Upgrade Completed June 2019 •91 Express Lanes reading and processing 6C transponders 6 91Expresslanes.com & Customer Materials 7 •Went live February 4th, 2020 •New account agreement •New welcome kit •Updated frequently asked questions •Updated 91Expresslanes.com account plan page •“How to mount your transponder video” Back Office Software 8 •Went live February 4th, 2020 •Updated transponder inventory module •Changed account plans and fees •Provided an online “wizard” •Developed reports to manage conversion of customers from old transponders to 6C transponders EXCHANGE OF CURRENT CUSTOMERS TRANSPONDERS UNDERWAY 9 Exchange Process 10 Step 1 -Receive notice Step 2 -Visit web update account acknowledge new account agreement and privacy policy Step 3 -Mail new transponders Step 4 -If no response -new transponders mailed after waiting period Step One: Receive Notice 11 12 Step Two: Visit Online Wizard 13 14 15 16 17 Step Three: Mail New Sticker Transponders 18 •One sticker for every car on account at no charge •Welcome kit provides instructions –Transponder mounting –What to do with old non-switchable transponder –What to do with switchable transponder QUESTIONS? 19 AGENDA ITEM 10 Agenda Item 10 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 27, 2020 TO: Toll Policy and Operations Committee FROM: Jennifer Crosson, Toll Operations Manager THROUGH: Michael Blomquist, Toll Program Director SUBJECT: 91 Express Lanes HOV3 Traffic Counts STAFF RECOMMENDATION: This item is for the Committee to receive and file a presentation providing the results of the traffic counts performed on the 91 Express Lanes dedicated high occupancy vehicle (HOV)3+ lane. BACKGROUND INFORMATION: The 91 Express Lanes offers a toll discount to vehicles with three or more occupants. In order for a vehicle to receive a carpool discount, it must use the dedicated HOV3+ lane when passing through the toll point. The Toll Policy and Operations Committee has had several discussions related to the use of the HOV3+ lane by vehicles that do not have three or more occupants. Staff has given presentations related to this topic on several occasions since May 2019. Most recently (November 11, 2019), Toll Policy and Operations Committee members received an email from Anne Mayer informing them that Orange County Transportation Authority and the Commission had jointly contracted a firm to count the number of vehicles in the HOV3+ lane, which did not have three or more occupants. Today’s presentation will provide a brief summary of the HOV3+ non-compliance issue and the results of those counts. 141 91 EXPRESS LANESHOV3+ LANE Toll Policy and Operations Committee Meeting February 27, 2020 Jennifer Crosson, Toll Operations Manager 1 Recap of Prior TPOC Discussions 2 Enforcement for vehicles which do not meet the 3 or more occupant requirements CHP Automated Systems Signage Discount for HOV3+ vehicles Quantifying the number of non-compliant vehicles Quantifying Non-Compliant Rates 3 •Joint effort with OCTA •Contracted with Counts Unlimited to perform the counts •Contracted with Stantec to manage count process and analyze data Count Location and Duration 4 Survey Direction & Hours Wednesday 10/16/19-Tuesday 10/29/19, Weekdays Monday 11/4/19 -Friday 11/15/19, Weekdays Start Time End Time Start Time End Time Westbound Hours 3:00 PM 6:00 PM 5:45 AM 10:45 AM Eastbound Hours 2:30 PM 6:30 PM 10:30 AM 2:30 PM Sunrise/ Sunset Sunset: 6:00 PM to 6:15 PM Sunrise: 6:15 AM to 6:25 AM Count Methodology 5 •Two human counters •Record the number of occupants per vehicle: –Three or more occupants –Motorcycles –One occupant –Two occupants –Could not tell WB HOV3+ Lane Volumes (5 AM to 10 AM) 6 EB HOV3+ Lane Volumes (2 PM to 7 PM) 7 SURVEY PERIOD Count Results 8 Number of Occupants Westbound (AM)Total Eastbound (PM)Total Compliant Three or more 42% 49% 52% 61% Motorcycle 7%9% Non-Compliant One 15% 26% 10% 23% Two 11%13% Could not tell 25%25%16%16% Reasons Occupancy Count Not be Determined 9 •Glare •Tinted windows •Obstructions Non-Compliant Rate Range 10 Low High Westbound 25%51% Eastbound 23%39% What do the counts do for us? 11 •Confirm the previously observed non-compliant use of HOV3+ lane •Quantify the magnitude of the issue •Provide a baseline for a human’s ability to determine compliancy What do we do with the data? 12 •Calculate potential lost revenue •Determine impact on peak period toll rates •Use rates to evaluate automated enforcement solutions •Use rates to support current and future enforcement expenditures QUESTIONS? 13 AGENDA ITEM 11 Agenda Item 11 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 27, 2020 TO: Toll Policy and Operations Committee FROM: Stephanie Blanco, Capital Projects Manager THROUGH: Michael Blomquist, Toll Program Director SUBJECT: Agreement with Selected Consultants for On-Call Traffic and Revenue Study Services STAFF RECOMMENDATION: This item is for the Committee to: 1) Award the following agreements to provide on-call traffic and revenue study services for a five-year term in the amount of $3.9 million, plus a contingency amount of $195,000, for a total amount not to exceed $4,095,000: a) Agreement No. 20-31-019-00 to C&M Associates, Inc. (C&M Associates); b) Agreement No. 20-31-051-00 to CDM Smith, Inc. (CDM Smith); and c) Agreement No. 20-31-052-00 to Stantec Consulting Services, Inc. (Stantec); 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreements on behalf of the Commission; 3) Authorize the Executive Director or designee to execute task orders awarded to the consultants under the terms of agreements; 4) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the task order services; and 5) Forward to the Commission for final action. BACKGROUND INFORMATION: Since 2006, the Commission has utilized traffic and revenue study services for transportation projects to support decisions related to the feasibility of toll projects, development of funding plans and financing, funding applications, and sensitivity analysis showing financial impacts of toll policy changes and transportation improvements. Examples of these decisions include the following: 1) Feasibility of implementing the State Route 91 and Interstate 15 Express Lanes Projects by financing construction, operations, and maintenance costs through toll revenue bonds and Transportation Infrastructure Finance and Innovation Act (TIFIA) loans; 2) Determination of traffic and financial impacts of transportation improvements such as the SR-91 Corridor Operations Project and the I-15/SR-91 Express Lanes Connector; and 142 Agenda Item 11 3) Determining the traffic and financial impacts of various toll policies including express lane eligibility requirements such as high occupancy vehicles with 3 or more occupants and Clean Air Vehicles. Based on need, these traffic and revenue study services have been procured separately for the SR-91 and I-15 projects. Both existing traffic and revenue study contracts remain in place for future use for each of these two facilities. The 91 Express Lanes has been operational for almost three years while the I-15 Express Lanes Project will be operational soon. The dynamic nature of these express lane facilities and the ongoing need for traffic and revenue study services related to traffic management and revenue generation will continue. Staff identified the need for additional traffic and revenue study services in several areas. First, the Commission is developing a third express lane facility - the I-15 Express Lanes Project – Southern Extension (I-15 ELPSE). At this time, the I-15 ELPSE is not fully funded for design or construction. However, staff anticipates the need to perform traffic and revenue study work for this project to help create a funding plan for future phases of work through construction. Further, other future express lane projects could be authorized by the Commission that would benefit from traffic and revenue study services. Second, adjacent agencies such as the San Bernardino County Transportation Authority and the Transportation Corridor Agencies are quickly developing express lanes or toll connectors that will directly connect with or potentially impact the Commission’s express lane facilities. With this in mind, the Commission may desire to perform traffic and revenue study work to better understand the traffic and financial impact of these facilities on the Commission’s facilities. Related, the Commission may desire to perform a peer review of the traffic and revenue study performed by another agency to satisfy itself of the methodology used, results, and impacts to Commission facilities. Lastly, the impact to Commission express lane facilities due to a toll policy change (e.g. carpool occupancy requirements or Clean Air Vehicle discount) could be estimated by performing traffic and revenue study work. Additionally, new technologies, such as automated/connected vehicle penetration or Mobility as a Service applications, could be assessed for all of the Commission’s express lane facilities by performing traffic and revenue study work. To address these and other planning and operational needs for the Commission’s express lanes, staff developed an on-call traffic and revenue study services procurement to solicit consultants. The on-call contract will provide the Commission the flexibility to utilize a pool of qualified traffic and revenue study consultants to conduct the necessary services on an as-needed, task order basis. The scope of work for the task orders under this contract will include the following representative traffic and revenue activities: • Traffic and revenue studies for planning and financing activities; • Independent/peer reviews or analysis of other traffic and revenue studies; 143 Agenda Item 11 • Data collection for existing and proposed express lane facilities; • Analysis to show impacts from future transportation improvements and toll policy changes; • Traffic and revenue impacts from future transportation innovations, such as automated/connected vehicles, Mobility as a Service, or technological advances related to toll collection and enforcement; • Presentation of traffic and revenue methods and results to the Commission, financial institutions, and if necessary, the public; and • Traffic and revenue impacts based on ad hoc requests from the Commission as it relates to existing and future express lane facilities. Based on these representative traffic and revenue activities identified currently and future anticipated needs for traffic and revenue study support, these contracts are planned for a term of five years. An independent cost estimate (ICE) was developed, using historical costs from efforts performed for the feasibility and financing of SR-91 and I-15 ELP projects, as well as similar work for peer reviews and sensitivity analyses for toll policy changes. The ICE resulted in an amount of $3.9 million plus a 5 percent contingency of $195,000 for a total of $4,095,000. Based on project delivery schedules and expected policy inquiries, staff identified traffic and revenue analyses activities that are expected to be completed within the contract duration of five years. The following table provides a summary of these anticipated activities with the estimated cost to complete the effort. Activity Cost Traffic and Revenue Study – Intermediate (I-15 ELPSE) $600,000 Traffic and Revenue Study – Final (I-15 ELPSE) 1,500,000 Peer Reviews 1,000,000 Various Technical Studies (Technology and Toll Policy Changes) 800,000 Sub-Total 3,900,000 5% Contingency 195,000 Total $4,095,000 Task Order Process Upon successful execution of the contracts with the on-call traffic and revenue consultants, a request for proposal (RFP) for a traffic and revenue activity will be issued to the consulting firms. Upon receipt of the proposals, a panel will conduct a review and select a firm based on responsiveness to the RFP, which includes criteria such as qualifications of the proposed staff, approach to the proposed traffic and revenue analysis activity, and cost. The selected firm will be notified, and the task order will be issued. 144 Agenda Item 11 Procurement Process Pursuant to Government Code 4525 et seq, selection of architect, engineer, and related services shall be on the basis of demonstrated competence and on professional qualifications necessary for the satisfactory performance of the services required. Therefore, staff used the qualification method of selection for the procurement of these contracts. Evaluation criteria included elements such as qualifications of firm, staffing and project organization, project understanding and approach, and the ability to respond to the requirements set forth under the terms of a request for qualifications (RFQ). RFQ No. 20-13-019-00 for on-call traffic and revenue study services was released by staff on November 14, 2019. A public notice was advertised in the Press Enterprise, and the RFQ was posted on the Commission’s Planet Bids website, which is accessible through the Commission’s website. Through Planet Bids, 41 firms downloaded the RFQ; seven of these firms are located in Riverside County. Staff responded to all questions submitted by potential proposers prior to the November 27, 2019 clarification deadline date. Four firms – C&M Associates (Dallas, TX); CDM Smith (Rancho Cucamonga); Jacobs Engineering Group (Riverside); and Stantec (New York, NY); submitted responsive and responsible statements of qualifications prior to the 2:00 p.m. submittal deadline on December 11, 2019. Based on the evaluation criteria set forth in the RFQ, the firms were evaluated and scored by an evaluation committee comprised of Commission and Bechtel staff. Based on the evaluation committee’s assessment of the written proposals and pursuant to the terms of the RFQ, the evaluation committee shortlisted and invited three firms (C&M Associates, CDM Smith, and Stantec) to the interview phase of the evaluation and selection process. Interviews were conducted on January 22, 2020. Following the interviews, the evaluation committee conducted a subsequent evaluation of each firm, based on both written and interview components presented to the evaluation committee by each proposer. Accordingly, the evaluation committee recommends contract awards to C&M Associates, CDM Smith, and Stantec to provide on-call traffic and revenue study services, as these firms earned the highest total evaluation scores. Recommendation Staff recommends award of Agreement No. 20-31-019-00 to C&M Associates, Agreement No. 20-31-051-00 to CDM Smith, and Agreement No. 20-31-052-00 to Stantec for on-call traffic and revenue study services, for a five-year term in the amount of $3.9 million, plus a contingency amount of $195,000, for a total amount not to exceed $4,095,000. The Commission’s model professional services agreement will be entered into with C&M Associates, CDM Smith, and Stantec, subject to any changes approved by the Executive Director and pursuant to legal counsel review. Further, staff recommends authorization for the Chair or Executive Director to execute the agreement and task orders on behalf of the Commission and for the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the task order. 145 Agenda Item 11 Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2019/20 FY 2020/21+ Amount: $ 450,000 $ 3,645,000 Source of Funds: Local Transportation Funds, 2009 Measure A, and other funds (as identified and applicable) Budget Adjustment: No N/A GL/Project Accounting No.: 003044 65520 00000 0000 262 31 65520 XXXXXX 65520 00000 0000 XXX 31 65520 Fiscal Procedures Approved: Date: 02/12/2020 Attachments: 1) Draft Agreement No. 20-31-019-00 to C&M Associates, Inc. 2) Draft Agreement No. 20-31-051-00 to CDM Smith, Inc. 3) Draft Agreement No. 20-31-052-00 to Stantec Consulting Services, Inc. 146 17336.00603\32414498.1 Agreement No. 20-31-019-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT WITH C&M ASSOCIATES, INC. FOR ON-CALL TRAFFIC AND REVENUE CONSULTING SERVICES Parties and Date. This Agreement is made and entered into this ___ day of _______, 2020, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and C&M ASSOCIATES, INC. ("Consultant"), a Corporation. The Commission and Consultant are sometimes referred to herein individually as “Party”, and collectively as the “Parties”. Recitals. A. On November 8, 1988 the Voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax (the "tax") to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). B. Pursuant to Public Utility Code Sections 240000 et seq., the Commission is authorized to allocate the proceeds of the Tax in furtherance of the Plan. C. On November 5, 2002, the voters of Riverside County approved an extension of the Measure A tax for an additional thirty (30) years for the continued funding of transportation and improvements within the County of Riverside. D. Consultant desires to perform and assume responsibility for the provision of certain on-call traffic and revenue consulting services in the County of Riverside, California. Services shall be provided on the terms and conditions set forth in this Agreement and in the task order(s) to be solicited, awarded and authorized by Commission Purchase Orders as further described in this Agreement (“Task Order”). Consultant represents that it is experienced in providing such services to public clients, is licensed in the State of California (if necessary), and is familiar with the plans of the Commission. E. The Commission desires to engage Consultant to render such services on an on-call basis. Services shall be ordered by Task Order(s) to be issued pursuant to this Agreement for future projects as set forth herein and in each Task Order (each such project shall be designated a “Project” under this Agreement). DRAFT147 ATTACHMENT 1 2 17336.00603\32414498.1 Terms. 1. General Scope of Services. Consultant shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise, and incidental and customary work necessary to fully and adequately supply the on-call traffic and revenue consulting services for the Projects ("Services"). The Services are generally described in Exhibit "A" attached hereto and incorporated herein by reference. The Services shall be more particularly described in the individual Task Order requests and proposals. No Services shall be performed unless authorized by a Commission Purchase Order for Task Order Services, as further detailed herein. All Services shall be subject to, and performed in accordance with, this Agreement, the relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 2. Commencement of Services. The Consultant shall commence work upon receipt of a written "Notice to Proceed" or "Limited Notice to Proceed" from Commission, and following issuance of a Purchase Order for authorized Task Order Services. 3. Pre-Award Audit. As a result of the funding for this Project, and to the extent Caltrans procedures apply in connection therewith, issuance of a “Notice to Proceed” may be contingent upon completion and approval of a pre-award audit. Any questions raised during the pre-award audit shall be resolved before the Commission will consider approval of this Agreement. 4. Audit Procedures. Consultant and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an Independent Cost Review (ICR) Audit, or a CPA ICR audit work paper review. If selected for audit or review, this Agreement, Consultant’s cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. This Agreement, Consultant’s cost proposal, and ICR shall be adjusted by Consultant and approved by the Commission’s contract manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into this Agreement by this reference if directed by Commission at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of the Agreement terms and cause for termination of this Agreement and disallowance of prior reimbursed costs. Additional audit provisions applicable to this Agreement are set forth in Sections 23 and 24 of this Agreement. DRAFT148 3 17336.00603\32414498.1 5. Term. 5.1 This Agreement shall go into effect on the date first set forth above, contingent upon approval by Commission, and Consultant shall commence work after notification to proceed by Commission’s Contract Administrator. This Agreement shall end five years from the date set forth above, unless extended by contract amendment. All Task Order work should be completed within the term. 5.2 Consultant is advised that any recommendation for contract award is not binding on Commission until this Agreement is fully executed and approved by the Commission. 5.3 This Agreement shall remain in effect until the date set forth above, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 6. Commission's Contract Administrator. The Commission hereby designates the Commission's Executive Director, or his or her designee, to act as its Contract Administrator for the performance of this Agreement ("Commission’s Contract Administrator"). Commission’s Contract Administrator shall have the authority to act on behalf of the Commission for all purposes under this Agreement. Commission’s Contract Administrator shall also review and give approval, as needed, to the details of Consultant's work as it progresses. Consultant shall not accept direction or orders from any person other than the Commission’s Contract Administrator or his or her designee. 7. Consultant's Representative. Consultant hereby designates Sam Bohluli, to act as its Representative for the performance of this Agreement ("Consultant’s Representative"). Consultant's Representative shall have full authority to act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his or her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. Consultant shall work closely and cooperate fully with Commission’s Contract Administrator and any other agencies which may have jurisdiction over, or an interest in, the Services. Consultant's Representative shall be available to the Commission staff at all reasonable times. Any substitution in Consultant's Representative shall be approved in writing by Commission’s Contract Administrator. 8. Substitution of Key Personnel. Consultant has represented to the Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval by the Commission. In the event that the Commission and Consultant cannot agree as to the substitution of the key personnel, the Commission shall be entitled to terminate this Agreement for cause, pursuant to the provisions herein. The key personnel for DRAFT149 4 17336.00603\32414498.1 performance of this Agreement are: Sam Bohluli, Carlos M. Contreras, Ali Soroush, Axel Herrmann, or as otherwise identified in the Task Order. 9. Standard of Care; Licenses. Consultant represents and maintains that it is skilled in the professional calling necessary to perform all Services, duties and obligations required by this Agreement to fully and adequately complete the Project. Consultant shall perform the Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents and warrants to the Commission that its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the Commission, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant’s errors and omissions. Any employee of Consultant or its sub-consultants who is determined by the Commission to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Commission, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 10. Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and not as an employee, agent or representative of the Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries and other amounts due such personnel in connection with their performance of Services and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including but not limited to, social security taxes, income tax withholdings, unemployment insurance, disability insurance, and workers' compensation insurance. 11. Task Orders; Commencement of Services; Schedule of Services. Services under this Agreement shall be competitively solicited amongst Consultant and the other firms identified in Section 19.12 of this Agreement pursuant to a Task Order request for proposals process. If Consultant’s Task Order proposal is selected for a Project, the Commission shall issue a Purchase Order for the Services. Consultant’s agreement to the final terms of a proposed Task Order, Commission’s issuance of a Purchase Order and DRAFT150 5 17336.00603\32414498.1 Consultant’s commencement of the Services following issuance of the Purchase Order shall indicate the Parties’ agreement to the terms of the relevant Task Order. Consultant shall commence Services under a Task Order within five (5) days of receiving a Purchase Order for the Task Order Services from the Commission. Each request for Task Order proposals shall identify the funding source(s) to be used to fund the Services under the relevant Task Order, and Consultant shall comply with the requirements specified herein, and in the attached exhibits, applicable to the identified funding source(s). Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with any schedule of Services set forth in a Task Order (“Schedule”). Consultant represents that it has the professional and technical personnel to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of Commission’s Contract Administrator, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 11.1 Modification of the Schedule. Consultant shall regularly report to the Commission, through correspondence or progress reports, its progress in providing required Services within the scheduled time periods. Commission shall be promptly informed of all anticipated delays. In the event that Consultant determines that a schedule modification is necessary, Consultant shall promptly submit a revised Schedule of Services for approval by Commission’s Contract Administrator. 11.2 Trend Meetings. Consultant shall conduct trend meetings with the Commission’s Contract Administrator and other interested parties, as requested by the Commission, on a bi-weekly basis or as may be mutually scheduled by the Parties at a standard day and time. These trend meetings will encompass focused and informal discussions concerning scope, schedule, and current progress of Services, relevant cost issues, and future Project objectives. Consultant shall be responsible for the preparation and distribution of meeting agendas to be received by the Commission and other attendees no later than three (3) working days prior to the meeting. 11.3 Progress Reports. As part of its monthly invoice, Consultant shall submit a progress report, in a form determined by the Commission, which will indicate the progress achieved during the previous month in relation to the Schedule of Services. Submission of such progress report by Consultant shall be a condition precedent to receipt of payment from the Commission for each monthly invoice submitted. 12. Delay in Performance. 12.1 Excusable Delays. Should Consultant be delayed or prevented from the timely performance of any act or Services required by the terms of the Agreement by reason of acts of God or of the public enemy, acts or omissions of the Commission or other governmental agencies in either their sovereign or contractual capacities, fires, DRAFT151 6 17336.00603\32414498.1 floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather, performance of such act shall be excused for the period of such delay. 12.2 Written Notice. If Consultant believes it is entitled to an extension of time due to conditions set forth in subsection 12.1, Consultant shall provide written notice to the Commission within seven (7) working days from the time Consultant knows, or reasonably should have known, that performance of the Services will be delayed due to such conditions. Failure of Consultant to provide such timely notice shall constitute a waiver by Consultant of any right to an excusable delay in time of performance. 12.3 Mutual Agreement. Performance of any Services under this Agreement may be delayed upon mutual agreement of the Parties. Upon such agreement, Consultant's Schedule of Services shall be extended as necessary by the Commission. Consultant shall take all reasonable steps to minimize delay in completion, and additional costs, resulting from any such extension. 13. Preliminary Review of Work. All reports, working papers, and similar work products prepared for submission in the course of providing Services under this Agreement shall be submitted to the Commission’s Contract Administrator in draft form, and the Commission may require revisions of such drafts prior to formal submission and approval. In the event plans and designs are to be developed as part of the Project, final detailed plans and designs shall be contingent upon obtaining environmental clearance as may be required in connection with State funding. In the event that Commission’s Contract Administrator, in his or her sole discretion, determines the formally submitted work product to be not in accordance with the standard of care established under this Agreement, Commission’s Contract Administrator may require Consultant to revise and resubmit the work at no cost to the Commission. 14. Appearance at Hearings. If and when required by the Commission, Consultant shall render assistance at public hearings or other meetings related to the Project or necessary to the performance of the Services. However, Consultant shall not be required to, and will not, render any decision, interpretation or recommendation regarding questions of a legal nature or which may be construed as constituting a legal opinion. 15. Opportunity to Cure; Inspection of Work. Commission may provide Consultant an opportunity to cure, at Consultant's expense, all errors and omissions which may be disclosed during Project implementation. Should Consultant fail to make such correction in a timely manner, such correction may be made by the Commission, and the cost thereof charged to Consultant. Consultant shall allow the Commission’s Contract Administrator, Caltrans and FHWA to inspect or review Consultant's work in progress at any reasonable time. 16. Claims Filed by Contractor. 16.1 If claims are filed by the Commission’s contractor for the Project (“Contractor”) relating to work performed by Consultant’s personnel, and additional information or assistance from the Consultant’s personnel is required by the Commission in DRAFT152 7 17336.00603\32414498.1 order to evaluate or defend against such claims; Consultant agrees to make reasonable efforts to make its personnel available for consultation with the Commission’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. 16.2 Consultant’s personnel that the Commission considers essential to assist in defending against Contractor claims will be made available on reasonable notice from the Commission. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the Consultant’s personnel services under this Agreement. 16.3 Services of the Consultant’s personnel and other support staff in connection with Contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to finally resolve the claims. 16.4 Nothing contained in this Section shall be construed to in any way limit Consultant’s indemnification obligations contained in Section 29. In the case of any conflict between this Section and Section 29, Section 29 shall govern. This Section is not intended to obligate the Commission to reimburse Consultant for time spent by its personnel related to Contractor claims for which Consultant is required to indemnify and defend the Commission pursuant to Section 29 of this Agreement. 17. Final Acceptance. Upon determination by the Commission that Consultant has satisfactorily completed the Services required under this Agreement and within the term set forth herein the Commission shall give Consultant a written Notice of Final Acceptance. Upon receipt of such notice, Consultant shall incur no further costs hereunder, unless otherwise specified in the Notice of Final Acceptance. Consultant may request issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily completed all Services required under the terms of this Agreement. In the event copyrights are permitted under this Agreement, then in connection with State funding, it is hereby acknowledged and agreed that the State agency shall have the royalty-free non-exclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for governmental purposes. 18. Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. For example, and not by way of limitation, Consultant shall keep itself fully informed of and in compliance with all implementing regulations, design standards, specifications, previous commitments that must be incorporated in the design of the Project, and administrative controls. Compliance with Federal procedures may include completion of the applicable environmental documents and approved by the United States Department of Transportation. For example, and not by way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or published Record of Decision may be required to be approved and/or completed by the United States Department of Transportation. For Consultant shall be DRAFT153 8 17336.00603\32414498.1 liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 19. Fees and Payment. 19.1 The method of payment for this Agreement will be based on actual cost plus a fixed fee. Commission shall reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the Services. Consultant shall not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant cost proposal attached hereto as Exhibit “B” and incorporated herein by reference, or any cost proposal included as part of a Task Order (“Cost Proposal”) unless additional reimbursement is provided for by written amendment. The overhead rates included in the attached Exhibit “B” shall be fixed for the term of the Master Agreement, and shall not be subject to adjustment, unless required by the applicable funding source. In In no event, shall Consultant be reimbursed for overhead costs at a rate that exceeds Commission’s approved overhead rate set forth in the Cost Proposal. In the event that Commission determines that a change to the Services from that specified in the Cost Proposal, this Agreement or any Task Order is required, the Agreement time or actual costs reimbursable by Commission shall be adjusted by written amendment to accommodate the changed work. The maximum total cost as specified in Section 19.8 shall not be exceeded, unless authorized by a written amendment. 19.2 In addition to the allowable incurred costs, Commission shall pay Consultant a fixed fee to be set forth in each Task Order (“Fixed Fee”). The Fixed Fee is nonadjustable for each Task Order, except in the event of a significant change in the Scope of Services, and such adjustment is made by written amendment. 19.3 Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. In addition, payments to Consultant for travel and subsistence expenses claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non-represented State employees under current State Department of Personnel Administration (DPA) rules, unless otherwise authorized by Commission. If the rates invoiced are in excess of those authorized DPA rates, and Commission has not otherwise approved said rates, then Consultant is responsible for the cost difference and any overpayments shall be reimbursed to the Commission on demand. 19.4 When milestone cost estimates are included in the approved Cost Proposal for a Task Order, Consultant shall obtain prior written approval for a revised DRAFT154 9 17336.00603\32414498.1 milestone cost estimate from the Contract Administrator before exceeding such cost estimate. 19.5 Progress payments shall be made monthly in arrears based on Services provided and allowable incurred costs. A pro rata portion of the Fixed Fee shall be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Scope of Services, Commission shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 21, Termination. 19.6 No payment shall be made prior to approval of any Services, nor for any Services performed prior to approval of this Agreement. 19.7 Consultant shall be reimbursed, as promptly as fiscal procedures will permit upon receipt by Commission’s Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due Commission including any equipment purchased under the Equipment Purchase provisions of this Agreement. The final invoice should be submitted within 60 calendar days after completion of Consultant’s work. Invoices shall be mailed to Commission’s Contract Administrator at the following address: Riverside County Transportation Commission Attention: Accounts Payable P.O. 12008 Riverside, CA 92502 19.8 The total amount payable by Commission, including the Fixed Fee, shall not exceed the amount set forth in each Task Order. 19.9 Salary increases shall be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by Commission’s Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. 19.10 Consultant shall not be reimbursed for any expenses unless authorized in writing by the Commission’s Contract Administrator. 19.11 All subcontracts in excess of $25,000 shall contain the above provisions. 19.12 Commission has or will enter into three (3) task order contracts for performance of the Scope of Services identified in Exhibit “A”, including this Agreement (“On-Call Traffic and Revenue Consulting Services Task Order Contracts”). The other On- Call Traffic and Revenue Consulting Services Task Order Contracts are Agreement No. 20-DRAFT155 10 17336.00603\32414498.1 31-051-00 to CDM Smith, Inc. and Agreement No. 20-31-052-00 to Stantec Consulting Services, Inc. The total amount payable by Commission for the On-Call Traffic and Revenue Consulting Services Task Order Contracts shall not exceed a cumulative maximum total value of Three Million Nine Hundred Thousand Dollars ($3,900,000) (“NTE Sum”). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On-Call Traffic and Revenue Consulting Services Task Order Contracts through Task Orders. Each time a Task Order is awarded under any of the On-Call Traffic and Revenue Consulting Services Task Order Contracts, the Commission shall send written notification to Consultant and each of the other consultants entering into the On-Call Traffic and Revenue Consulting Services Task Order Contracts. The notice shall identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. Consultant acknowledges and agrees that Commission shall not pay any amount under this Agreement that would exceed the NTE Sum, and Consultant shall not knowingly enter into a Task Order that exceeds the NTE Sum. 20. Disputes. 20.1 Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by mutual agreement of the Parties shall be decided by a committee consisting of RCTC’s Contract Administrator, who may consider written or verbal information submitted by Consultant. 20.2 Not later than 30 days after completion of all Services under this Agreement, Consultant may request review by the Commission’s Executive Director of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. 20.3 Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 21. Termination. 21.1 Commission reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant, for any or no reason, with the reasons for termination stated in the notice. Commission may terminate Services under a Task Order, at any time, for any or no reason, with the effective date of termination to be specified in the notice of termination of Task Order. 21.2 Commission may terminate this Agreement with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, Commission may proceed with the Services in any manner deemed proper by Commission. If Commission terminates this Agreement with Consultant, Commission shall pay Consultant the sum due to Consultant DRAFT156 11 17336.00603\32414498.1 under this Agreement for Services completed and accepted prior to termination, unless the cost of completion to Commission exceeds the funds remaining in the Agreement. In such case, the overage shall be deducted from any sum due Consultant under this Agreement and the balance, if any, shall be paid to Consultant upon demand. 21.3 In addition to the above, payment upon termination shall include a prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit on unperformed Services. Consultant shall provide documentation deemed adequate by Commission’s Contract Administrator to show the Services actually completed by Consultant prior to the effective date of termination. This Agreement shall terminate on the effective date of the Notice of Termination 21.4 Upon receipt of the written Notice of Termination, Consultant shall discontinue all affected Services as directed in the Notice or as otherwise provided herein, and deliver to the Commission all Documents and Data, as defined in this Agreement, as may have been prepared or accumulated by Consultant in performance of the Services, whether completed or in progress. 21.5 In addition to the above, Consultant shall be liable to the Commission for any reasonable additional costs incurred by the Commission to revise work for which the Commission has compensated Consultant under this Agreement, but which the Commission has determined in its sole discretion needs to be revised, in part or whole, to complete the Project because it did not meet the standard of care established in this Agreement. Termination of this Agreement for cause may be considered by the Commission in determining whether to enter into future agreements with Consultant. 21.6 The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 21.7 Consultant, in executing this Agreement, shall be deemed to have waived any and all claims for damages which may otherwise arise from the Commission's termination of this Agreement, for convenience or cause, as provided in this Section. 21.8 Consultant may not terminate this Agreement except for cause. 22. Cost Principles and Administrative Requirements. 22.1 If applicable, Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. 22.2 If applicable, Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 22.3 If applicable, any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 2 CFR, DRAFT157 12 17336.00603\32414498.1 Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to Commission. 22.4 All subcontracts in excess of $25,000 shall contain the above provisions. 23. Retention of Records/Audit. For the purpose of determining compliance with, as applicable, 2 CFR Part 200, Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of this Agreement pursuant to Government Code 8546.7; Consultant, subconsultants, and Commission shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement, including but not limited to, the costs of administering this Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under this Agreement. The State, State Auditor, Commission, FHWA, or any duly authorized representative of the State or Federal Government shall have access to any books, records, and documents of Consultant and it’s certified public accountants (CPA) work papers that are pertinent to this Agreement and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. 23.1 Accounting System. Consultant and its subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate expenditures by line item for the Services. The accounting system of Consultant and its subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. 24. Audit Review Procedures. 24.1 Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by Commission’s Chief Financial Officer. 24.2 Not later than 30 days after issuance of the final audit report, Consultant may request a review by Commission’s Chief Financial Officer of unresolved audit issues. The request for review shall be submitted in writing. 24.3 Neither the pendency of a dispute nor its consideration by Commission shall excuse Consultant from full and timely performance, in accordance with the terms of this Agreement. 25. Subcontracting. 25.1 Nothing contained in this Agreement or otherwise, shall create any contractual relation between Commission and any subconsultant(s), and no subcontract DRAFT158 13 17336.00603\32414498.1 shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to Commission for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from Commission’s obligation to make payments to the Consultant. 25.2 Consultant shall perform the Services contemplated with resources available within its own organization and no portion of the Services pertinent to this Agreement shall be subcontracted without written authorization by Commission’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. 25.3 Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by Commission. 25.4 Any subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. 25.5 Any substitution of subconsultant(s) must be approved in writing by Commission’s Contract Administrator prior to the start of work by the subconsultant(s). 25.6 Exhibit “B” may set forth the rates at which each subconsultant shall bill the Consultant for Services and that are subject to reimbursement by the Commission to Consultant. Additional Direct Costs, as defined in Exhibit “B” shall be the same for both the Consultant and all subconsultants, unless otherwise identified in Exhibit “B” or in a Task Order. The subconsultant rate schedules and cost proposals contained herein are for accounting purposes only. 26. Equipment Purchase 26.1 Prior authorization, in writing, by Commission’s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract for supplies, equipment, or services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. 26.2 For purchase of any item, service or consulting work not covered in the Cost Proposal and exceeding $5,000 prior authorization, in writing, by Commission’s Contract Administrator is required. Three competitive quotations must be submitted with the request for such purchase, or the absence of bidding must be adequately justified. 26.3 Any equipment purchased as a result of this Agreement is subject to the following: Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, Commission shall receive a proper refund or credit at the conclusion of this Agreement, or if this Agreement is terminated, Consultant may either keep the DRAFT159 14 17336.00603\32414498.1 equipment and credit Commission in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established Commission procedures; and credit Commission in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by Commission and Consultant. If Consultant determines to sell the equipment, the terms and conditions of such sale must be approved in advance by Commission. 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the Project. 26.4 All subcontracts in excess $25,000 shall contain the above provisions. 27. Labor Code Requirements. 27.1 Prevailing Wages. (a) Consultant shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the Services. (b) Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section. (c) When prevailing wages apply to the Services described in the Scope of Services, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. (d) Copies of the prevailing rate of per diem wages in effect at commencement of this Agreement are on file at the Commission’s offices. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 27.2 DIR Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It DRAFT160 15 17336.00603\32414498.1 shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 27.3 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day’s work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day (“Eight-Hour Law”), unless Consultant or the Services are not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub-consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour Law. 27.4 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub-consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Consultant 28. Ownership of Materials/Confidentiality. 28.1 Documents & Data. This Agreement creates an exclusive and perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all copyrights and designs embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). DRAFT161 16 17336.00603\32414498.1 Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission’s sole risk. 28.2 Intellectual Property. In addition, Commission shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. Commission further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property DRAFT162 17 17336.00603\32414498.1 otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. 28.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Commission's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Commission. 28.4 Infringement Indemnification. Consultant shall defend, indemnify and hold the Commission, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Commission of the Documents & Data, including any method, process, product, or concept specified or depicted. 29. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of Commission’s choosing), indemnify and hold Commission, Caltrans and their directors, officials, officers, employees, consultants, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Commission, Caltrans and their directors, officials, officers, employees, consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Commission, Caltrans or their directors, officials, officers, employees, consultants, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission, Caltrans and their directors, officials, officers, employees, consultants, agents, and/or volunteers, for any and all legal expenses and costs, including reasonable attorney’s fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission, Caltrans, their directors, officials officers, employees, consultants, agents, or volunteers. DRAFT163 18 17336.00603\32414498.1 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. Consultant’s obligations as set forth in this Section shall survive expiration or termination of this Agreement. 30. Insurance. 30.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this Section, in a form and with insurance companies acceptable to the Commission. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this Section. 30.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (a) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (b) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit. Limits may be achieved by any combination of primary and excess or umbrella liability insurance; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Limits may be achieved by any combination of primary and excess or umbrella liability insurance; and (3) Workers’ Compensation and Employer’s DRAFT164 19 17336.00603\32414498.1 Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Practices Liability limits of $1,000,000 per accident. 30.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. For Consultant, such insurance shall be in an amount not less than $1,000,000 per claim. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. Subconsultants of Consultant shall obtain such insurance in an amount not less than $2,000,000 per claim. Notwithstanding the foregoing, the Commission may consider written requests to lower or dispense with the errors and omissions liability insurance requirement contained in this Section for certain subconsultants of Consultant, on a case-by-case basis, depending on the nature and scope of the Services to be provided by the subconsultant. Approval of such request shall be in writing, signed by the Commission’s Contract Administrator. 30.4 Aircraft Liability Insurance. Prior to conducting any Services requiring use of aircraft, Consultant shall procure and maintain, or cause to be procured and maintained, aircraft liability insurance or equivalent form, with a single limit as shall be required by the Commission. Such insurance shall include coverage for owned, hired and non-owned aircraft and passengers, and shall name, or be endorsed to name, the Commission, Caltrans and their directors, officials, officers, employees and agents as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant. 30.5 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: (a) General Liability. (i) Commercial General Liability Insurance must include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Injury; (3) premises/operations liability; (4) products/completed operations liability; (5) aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form property damage; and (9) independent consultants coverage. (ii) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to this Agreement. DRAFT165 20 17336.00603\32414498.1 (iii) The policy shall give the Commission, its directors, officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (iv) The additional insured coverage under the policy shall be “primary and non-contributory” and will not seek contribution from the Commission’s or Caltrans’ insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing the exact same coverage. (b) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the Commission, Caltrans and their directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, Caltrans and their directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, Caltrans and their directors, officials, officers, employees and agents shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (c) Workers’ Compensation and Employers Liability Coverage. (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) The insurer shall agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (d) All Coverages. (i) Defense costs shall be payable in addition to the limits set forth hereunder. (ii) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth herein shall be available to the Commission, Caltrans and their directors, officials, officers, employees and agents as additional insureds under said policies. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this DRAFT166 21 17336.00603\32414498.1 Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (iii) The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the Commission (if agreed to in a written contract or agreement) before the Commission’s own insurance or self-insurance shall be called upon to protect it as a named insured. The umbrella/excess policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying policy(ies). (iv) Consultant shall provide the Commission at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the Commission at least ten (10) days prior to the effective date of cancellation or expiration. (v) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (vi) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Commission, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (vii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Commission has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Commission will be promptly reimbursed by Consultant or Commission will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Commission may cancel this Agreement. The Commission may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (viii) Neither the Commission nor any of its directors, officials, officers, employees or agents shall be personally responsible for any liability arising under or by virtue of this Agreement. DRAFT167 22 17336.00603\32414498.1 30.6 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self-insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expense. 30.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the Commission. 30.8 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 30.9 Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the Commission that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the Commission as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, the Commission may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 30.10 Other Insurance. At its option, the Commission may require such additional coverage(s), limits and/or the reduction of deductibles or retentions it considers reasonable and prudent based upon risk factors that may directly or indirectly impact the Project. In retaining this option Commission does not warrant Consultant’s insurance program to be adequate. Consultant shall have the right to purchase insurance in addition to the insurance required in this Section. 31. Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, DRAFT168 23 17336.00603\32414498.1 trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Pursuant to the authority contained in Section 591 of the Vehicle Code, the Commission has determined that the Project will contain areas that are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. 32. Additional Work. Any work or activities that are in addition to, or otherwise outside of, the Services to be performed pursuant to this Agreement shall only be performed pursuant to a separate agreement between the parties. Notwithstanding the foregoing, the Commission’s Executive Director may make a change to the Agreement, other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a change which is “outside the scope” of the Agreement; in other words, work which should not be regarded as having been fairly and reasonably within the contemplation of the parties when the Agreement was entered into. An example of a change which is not a Cardinal Change would be where, in a contract to construct a building there are many changes in the materials used, but the size and layout of the building remains the same. Cardinal Changes are not within the authority of this provision to order, and shall be processed by the Commission as “sole source” procurements according to applicable law, including the requirements of FTA Circular 4220.1D, paragraph 9(f). (a) In addition to the changes authorized above, a modification which is signed by Consultant and the Commission’s Executive Director, other than a Cardinal Change, may be made in order to: (1) make a negotiated equitable adjustment to the Agreement price, delivery schedule and other terms resulting from the issuance of a Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of the parties modifying the terms of this Agreement (“Bilateral Contract Modification”). (b) Consultant shall not perform, nor be compensated for any change, without written authorization from the Commission’s Executive Director as set forth herein. In the event such a change authorization is not issued and signed by the Commission’s Executive Director, Consultant shall not provide such change. 33. Prohibited Interests. 33.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this DRAFT169 24 17336.00603\32414498.1 Agreement. For breach or violation of this warranty, the Commission shall have the right to rescind this Agreement without liability. 33.2 Consultant Conflict of Interest (a) Consultant shall disclose any financial, business, or other relationship with Commission that may have an impact upon the outcome of this Agreement, or any ensuing Commission construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing Commission construction project, which will follow. (b) Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. (c) Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article. (d) Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise. (e) Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. 33.3 Commission Conflict of Interest. For the term of this Agreement, no member, officer or employee of the Commission, during the term of his or her service with the Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 33.4 Conflict of Employment. Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon the Consultant securing this or related Agreements with the Commission, is prohibited. 33.5 Covenant Against Contingent Fees. As required in connection with federal funding, the Consultant warrants that he/she has not employed or retained any DRAFT170 25 17336.00603\32414498.1 company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Commission shall have the right to terminate this Agreement without liability pursuant to the terms herein, or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 33.6 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any Commission employee. For breach or violation of this warranty, Commission shall have the right in its discretion; to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the Agreement price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 33.7 Covenant Against Expenditure of Commission, State or Federal Funds for Lobbying. The Consultant certifies that to the best of his/ her knowledge and belief no state, federal or local agency appropriated funds have been paid, or will be paid by or on behalf of the Consultant to any person for the purpose of influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the award of any state or federal contract, grant, loan, or cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. (a) Intentionally omitted. (b) The Consultant's certification provided in this Section is a material representation of fact upon which reliance was placed when this Agreement was entered into, and is a prerequisite for entering into this Agreement pursuant to Section 1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the disclosure and certification requirements set forth in Section 1352, Title 31, US. Code may result in a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (c) The Consultant also agrees by signing this Agreement that he/she shall require that the language set forth in this Section be included in all Consultant subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. 33.8 Employment Adverse to the Commission. Consultant shall notify the Commission, and shall obtain the Commission’s written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against the Commission during the term of this Agreement. DRAFT171 26 17336.00603\32414498.1 34. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 35. Right to Employ Other Consultants. Commission reserves the right to employ other consultants in connection with the Project. 36. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 37. Disputes; Attorneys' Fees. 37.1 Prior to commencing any action hereunder, the Parties shall attempt in good faith to resolve any dispute arising between them. The pendency of a dispute shall not excuse Consultant from full and timely performance of the Services. 37.2. If the Parties are unable to resolve a dispute after attempting in good faith to do so, the Parties may seek any other available remedy to resolve the dispute. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and, all other costs of such actions. 38. Time of Essence. Time is of the essence for each and every provision of this Agreement. 39. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 40. Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: COMMISSION: C&M Associates, Inc. Riverside County 15770 North Dallas Parkway Transportation Commission Suite 870 4080 Lemon Street, 3rd Floor Dallas, TX 75248 Riverside, CA 92501 Attn: Sam Bohluli Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. mail, first class postage prepaid, and addressed to the DRAFT172 27 17336.00603\32414498.1 Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 41. Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 42. Amendment or Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 43. Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. 44. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 45. Intentionally Omitted. 46. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, shall survive any such expiration or termination. 47. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 48. Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 49. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 50. Attorney Client Privilege. The Parties recognize that, during the Project, the Commission and its attorneys will engage in communication that gives rise to an attorney client privilege of confidentiality (“Confidential Communication”). Given the nature of the work done by Consultant for the Commission, it may be necessary for the Consultant to participate in Confidential Communications. To the extent that (i) the Consultant is a party to any Confidential Communication, and (ii) a third party seeks discovery of such communications, then the Consultant shall be deemed to be an agent of the Commission solely for purposes of preserving any attorney client privilege in the relevant Confidential Communication. Any such attorney client privilege shall be held by the Commission and DRAFT173 28 17336.00603\32414498.1 the Consultant is not authorized to waive that privilege or, otherwise, disclose such Confidential Communication except as set forth below. This Section is intended to maintain the privilege in any privileged Confidential Communications that are (1) between and among Commission, Consultant, and Commission’s attorneys; (2) between Consultant (on behalf of the Commission) and Commission’s attorneys; (3) Confidential Communications that occur in Closed Session meetings wherein the Commission, the Commission’s attorneys and Consultant are present; and (4) between Commission and Consultant wherein the substance of the Confidential Communication is conveyed to/from the Consultant. Consultant may disclose a Confidential Communication to the extent such disclosure is required by legal process, by a court of competent jurisdiction or by any other governmental authority, provided that any such disclosure shall be limited to the specific part of the Confidential Communication required to be disclosed and provided that Consultant first comply with the requirements set forth in this paragraph. As soon as practicable after Consultant becomes aware that it is required, or may become required, to disclose the Confidential Communication for such reason, Consultant shall notify the Commission in writing, in order to allow the Commission to pursue legal remedies designed to limit the Confidential Communication required to be disclosed or to assure the confidential treatment of the disclosed information following its disclosure. Consultant shall cooperate with the Commission, on a reimbursable basis, to assist the Commission in limiting the scope of disclosure or assuring the confidential treatment of any disclosed information. 51. Subpoenas or Court Orders. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 52. Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein, without the prior written consent of the Commission. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 53. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by Consultant without the prior written consent of Commission. 54. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 55. No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any DRAFT174 29 17336.00603\32414498.1 rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 56. Electronic Delivery of Agreement. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. [Signatures on following page]DRAFT175 30 17336.00603\32414498.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL TRAFFIC AND REVENUE CONSULTING SERVICES IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Anne Mayer, Executive Director Approved as to Form: By: Best, Best & Krieger LLP General Counsel C&M ASSOCIATES, INC. By: Signature Name Title ATTEST: By: Its: ___________________________ * A corporation requires the signatures of two corporate officers. One signature shall be that of the chairman of board, the president or any vice president and the second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation. If the above persons are not the intended signators, evidence of signature authority shall be provided to RCTC. DRAFT176 Exhibit A 17336.00603\32414498.1 EXHIBIT "A" SCOPE OF SERVICES [ATTACHED BEHIND THIS PAGE]DRAFT177 EXHIBIT A - 1 SCOPE OF SERVICES ON-CALL TRAFFIC AND REVENUE CONSULTING SERVICES 1. GENERAL INFORMATION 1.1. Background The RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Commission) is requesting Statements of Qualifications (SOQ) from qualified professionals for on-call Traffic and Revenue consulting services. The Commission intends to contract with qualified consulting firms to provide comprehensive, on-call consulting services for Commission toll projects. On- call traffic and revenue services will be in support of planned or in-progress Commission projects, operating Commission toll facilities, and technical support for the toll program. 2. DESCRIPTION OF WORK Consultant tasks may include, but not be limited to, the following typical tasks. Specific requirements will be set forth in each task for each Task Order: 2.1. Project Management The Consultant will support the Commission with coordination and supervision of project staff to facilitate the performance in accordance with this scope of work and RCTC requirements. The Project management effort is to include but not be limited to, the coordination/preparation/documentation of project meetings, development/maintenance of a project schedule, preparation of monthly invoicing, maintenance of project records, development/administration of a quality control plan and coordination of submittals and final deliverables. 2.2. Traffic and Revenue Studies The Consultant shall support the Commission with the development of different levels of traffic and revenue studies depending on the need for a particular express lanes project. The following is a description of the potential tasks that may be issued with a specific task order for this discipline:  Level 1 Traffic and Revenue Study (sketch) that evaluates potential traffic demand and growth with implementation of express lanes and provides revenue estimates for a given amount of time.  Level 2 Traffic and Revenue Study (Intermediate) that further refines traffic forecast, operations, and revenue estimates in that it can be used to support express lane planning, design, and provide a basis for a funding or financing plan. The effort associated with this type of study may require additional data collection for traffic forecasting and economic development assumptions. In addition, stated preference surveys may be required. DRAFT178 EXHIBIT A - 2  Level 3 Traffic and Revenue Study (Investment Grade) that provides a robust and thorough evaluation of traffic forecasts, operation, and expected revenue from implementation of express lanes. A level 3 Traffic and Revenue study will be used as a mechanism to support the issuance of bonds for future express lanes projects. This study may be built on a existing level 2 study and may include verification of traffic data, modeling assumptions and revenue estimates. Additional stated preference surveys may be needed to verify the assumptions made in the modeling for the future express lanes projects. Additional counts and scenario analyses maybe necessary to make the level 3 Traffic and Revenue Study current and to support bond issuance activities. 2.3. Technical Support and Miscellaneous Studies For future projects and existing facilities, the Consultant will provide technical support as it relates to reviewing traffic and revenue activities and documents. As part of a given task order, the Consultant may review or develop studies related to simulation, travel modeling, financial analysis, operational analysis, and planning services to support pricing policies and design adjustments of tolled facilities, corridors, or systems. In addition, various questions and requests from Commissioners as it relates to an existing or future toll policy may need to be evaluated. Under this task, the Consultant may do any of the following activities:  Review and verify traffic and revenue Studies from other Consultants or other agencies;  Conduct data compilation, field data collection, and analysis;  Conduct land use and socio-economic research;  Conduct Stated Preference surveys;  Toll optimization evaluation through analysis of pricing strategies, toll rate adjustments, Monte-Carlo simulation analysis, and other financial modeling techniques to determine optimal toll solutions, based on revenue or throughput;  Evaluate the traffic and revenue impacts of addition/deletion of project features or proposed projects within the express lanes corridor or network;  Provide net toll revenue analyses of proposed express lanes corridors;  Sensitivity analyses that evaluates impacts to revenue and traffic from different assumptions from a socio-economic perspective, horizon years, anticipated projects, and other factors that can impact proposed and existing express lanes;  Forecasting of traffic performance for existing facilities and future projects  Express lane network traffic modeling for potential new express lanes corridors;  Market share analyses for preliminary testing of alternative toll concepts and operational policies;  Develop traffic and revenue modeling and evaluate impacts from emerging mobility technologies;  Evaluate multi-modal feasibility from a traffic and revenue perspective; DRAFT179 EXHIBIT A - 3  Provide technical support and present to Commission legal counsel, other consultants, Caltrans, Federal Highway Administration, financial institutions or rating agencies regarding traffic and revenue studies;  Develop and execute presentations and trainings for various audiences;  And complete relevant tasks related to traffic and revenue analyses of highway corridors and other mobility options. 2.4. Materials to be Furnished by Commission All software, data, reports, surveys, drawings, and other documents furnished to the Offeror by Commission for the Offeror’s use in the performance of services shall be made available only for use in performing the assignment and shall remain the property of Commission. All such materials shall be returned to Commission upon completion of services, termination of the agreement, or other such time as Commission may determine. 2.5. Personnel Qualifications and Responsibilities The quantity and qualifications of personnel to be assigned will be determined by the scope of the Task Order request and the degree of difficulty of the required tasks to be performed. All personnel and personnel assignments shall be subject to approval by Commission. 2.6. Third Party Relationships This Contract is intended to provide on-call traffic and revenue consulting services for Commission projects, facilities, and purposes. The Commission works closely with various professional offerors, agencies, and others in the development of its projects and facilities. The Commission, however, is solely responsible for and will be the sole point of contact for all contractual matters related to the Task Orders. Offeror shall take direction only from Commission and shall regularly inform only Commission of Task Order progress, outstanding issues, and all related matters. During the course of the Contract, Offeror may find occasion to meet with local, state, and federal representatives, consultants, advisors, legal counsel, or other third parties who have assisted with the various RCTC projects. These entities may, from time to time, offer suggestions and/or recommendations regarding the Commission project or elements of the project. While the Commission enjoys a close relationship with and has considerable confidence in the capabilities of these other parties, Offeror shall not act on any suggestions, solicited or unsolicited, without obtaining specific direction from Commission. All oral and written communication with outside agencies or Offerors related to the project shall be directed only to Commission. Distribution of project related communications and information shall be at the sole discretion of Commission representatives. DRAFT180 EXHIBIT A - 4 3. Task Order PROCEDURES 3.1. Definitions The term Consultant shall refer to the firm or firms that are awarded the contract for environmental consulting services. A Task Order is utilized by the parties to establish, outline, and authorize a particular job or task. 3.2. Initiating Task Orders The Commission’s project manager will issue Task Orders to the Consultant. The Commission’s request for task order submittals. Upon a request for a Task Order Proposal by the designated Commission project manager, Consultant shall develop a plan and submit a task order proposal for the requested services. The Task Order shall include a time schedule, number of labor hours, and labor classification(s) to provide the requested services. 3.3. Review and Award of Task Orders The Commission’s designated project manager will review the submitted Task Order (to ensure that the submittal is complete, consistent with the Commission’s written or oral request for services, the personnel assigned are acceptable, the schedule is acceptable, that all costs proposed are appropriate, and that the item is in compliance with contractual requirements. The project manager will award the Task Order if it is determined to be fair and reasonable. If required, the Commission’s project manager will conduct negotiations to address exceptions and clarify costs. The fully executed Task Order will serve as the record of negotiations. 3.4. Completion Schedule The Consultant’s performance of services shall commence under each Task Order only upon written authorization by the Commission’s designated project manager. Consultant shall complete the services within the time frame specified on a particular Task Order. DRAFT181 Exhibit B 17336.00603\32414498.1 EXHIBIT "B" COMPENSATION AND PAYMENT [ATTACHED BEHIND THIS PAGE] DRAFT182 FISCAL YEAR PROJECT COST FY 2019/20 Traffic & Revenue Study Services 450,000.00$ FY 2020/21 Traffic & Revenue Study Services 350,000.00 FY 2021/22 Traffic & Revenue Study Services 800,000.00 FY 2022/23 Traffic & Revenue Study Services 1,500,000.00 FY 2023/25 Traffic & Revenue Study Services 600,000.00 FY 2025/26 Traffic & Revenue Study Services 200,000.00 3,900,000.00 3,900,000.00$ EXHIBIT "B" COMPENSATION SUMMARY1 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. SUBTOTAL TOTAL COSTS EXHIBIT B - 1DRAFT183 17336.00603\32414498.1 Agreement No. 20-31-051-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT WITH CDM SMITH, INC. FOR ON-CALL TRAFFIC AND REVENUE CONSULTING SERVICES Parties and Date. This Agreement is made and entered into this ___ day of _______, 2020, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and CDM SMITH, INC. ("Consultant"), a Corporation. The Commission and Consultant are sometimes referred to herein individually as “Party”, and collectively as the “Parties”. Recitals. A. On November 8, 1988 the Voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax (the "tax") to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). B. Pursuant to Public Utility Code Sections 240000 et seq., the Commission is authorized to allocate the proceeds of the Tax in furtherance of the Plan. C. On November 5, 2002, the voters of Riverside County approved an extension of the Measure A tax for an additional thirty (30) years for the continued funding of transportation and improvements within the County of Riverside. D. Consultant desires to perform and assume responsibility for the provision of certain on-call traffic and revenue consulting services in the County of Riverside, California. Services shall be provided on the terms and conditions set forth in this Agreement and in the task order(s) to be solicited, awarded and authorized by Commission Purchase Orders as further described in this Agreement (“Task Order”). Consultant represents that it is experienced in providing such services to public clients, is licensed in the State of California (if necessary), and is familiar with the plans of the Commission. E. The Commission desires to engage Consultant to render such services on an on-call basis. Services shall be ordered by Task Order(s) to be issued pursuant to this Agreement for future projects as set forth herein and in each Task Order (each such project shall be designated a “Project” under this Agreement). DRAFT184 ATTACHMENT 2 2 17336.00603\32414498.1 Terms. 1. General Scope of Services. Consultant shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise, and incidental and customary work necessary to fully and adequately supply the on-call traffic and revenue consulting services for the Projects ("Services"). The Services are generally described in Exhibit "A" attached hereto and incorporated herein by reference. The Services shall be more particularly described in the individual Task Order requests and proposals. No Services shall be performed unless authorized by a Commission Purchase Order for Task Order Services, as further detailed herein. All Services shall be subject to, and performed in accordance with, this Agreement, the relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 2. Commencement of Services. The Consultant shall commence work upon receipt of a written "Notice to Proceed" or "Limited Notice to Proceed" from Commission, and following issuance of a Purchase Order for authorized Task Order Services. 3. Pre-Award Audit. As a result of the funding for this Project, and to the extent Caltrans procedures apply in connection therewith, issuance of a “Notice to Proceed” may be contingent upon completion and approval of a pre-award audit. Any questions raised during the pre-award audit shall be resolved before the Commission will consider approval of this Agreement. 4. Audit Procedures. Consultant and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an Independent Cost Review (ICR) Audit, or a CPA ICR audit work paper review. If selected for audit or review, this Agreement, Consultant’s cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. This Agreement, Consultant’s cost proposal, and ICR shall be adjusted by Consultant and approved by the Commission’s contract manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into this Agreement by this reference if directed by Commission at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of the Agreement terms and cause for termination of this Agreement and disallowance of prior reimbursed costs. Additional audit provisions applicable to this Agreement are set forth in Sections 23 and 24 of this Agreement. DRAFT185 3 17336.00603\32414498.1 5. Term. 5.1 This Agreement shall go into effect on the date first set forth above, contingent upon approval by Commission, and Consultant shall commence work after notification to proceed by Commission’s Contract Administrator. This Agreement shall end five years from the date set forth above, unless extended by contract amendment. All Task Order work should be completed within the term. 5.2 Consultant is advised that any recommendation for contract award is not binding on Commission until this Agreement is fully executed and approved by the Commission. 5.3 This Agreement shall remain in effect until the date set forth above, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 6. Commission's Contract Administrator. The Commission hereby designates the Commission's Executive Director, or his or her designee, to act as its Contract Administrator for the performance of this Agreement ("Commission’s Contract Administrator"). Commission’s Contract Administrator shall have the authority to act on behalf of the Commission for all purposes under this Agreement. Commission’s Contract Administrator shall also review and give approval, as needed, to the details of Consultant's work as it progresses. Consultant shall not accept direction or orders from any person other than the Commission’s Contract Administrator or his or her designee. 7. Consultant's Representative. Consultant hereby designates Christopher Mwalwanda, to act as its Representative for the performance of this Agreement ("Consultant’s Representative"). Consultant's Representative shall have full authority to act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his or her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. Consultant shall work closely and cooperate fully with Commission’s Contract Administrator and any other agencies which may have jurisdiction over, or an interest in, the Services. Consultant's Representative shall be available to the Commission staff at all reasonable times. Any substitution in Consultant's Representative shall be approved in writing by Commission’s Contract Administrator. 8. Substitution of Key Personnel. Consultant has represented to the Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval by the Commission. In the event that the Commission and Consultant cannot agree as to the substitution of the key personnel, the Commission shall be entitled to terminate this Agreement for cause, pursuant to the provisions herein. The key personnel for DRAFT186 4 17336.00603\32414498.1 performance of this Agreement are: Christopher Mwalwanda, Yagnesh Jamarwala, Kamran Khan, Rohan Shah, Chris Thornberg, Cissy Kulakowski, Ybette Ochoa, Maneesh Mahlawat, or as otherwise identified in the Task Order. 9. Standard of Care; Licenses. Consultant represents and maintains that it is skilled in the professional calling necessary to perform all Services, duties and obligations required by this Agreement to fully and adequately complete the Project. Consultant shall perform the Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents and warrants to the Commission that its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the Commission, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant’s errors and omissions. Any employee of Consultant or its sub-consultants who is determined by the Commission to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Commission, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 10. Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and not as an employee, agent or representative of the Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries and other amounts due such personnel in connection with their performance of Services and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including but not limited to, social security taxes, income tax withholdings, unemployment insurance, disability insurance, and workers' compensation insurance. 11. Task Orders; Commencement of Services; Schedule of Services. Services under this Agreement shall be competitively solicited amongst Consultant and the other firms identified in Section 19.12 of this Agreement pursuant to a Task Order request for proposals process. If Consultant’s Task Order proposal is selected for a Project, the Commission shall issue a Purchase Order for the Services. Consultant’s agreement to the final terms of a proposed Task Order, Commission’s issuance of a Purchase Order and DRAFT187 5 17336.00603\32414498.1 Consultant’s commencement of the Services following issuance of the Purchase Order shall indicate the Parties’ agreement to the terms of the relevant Task Order. Consultant shall commence Services under a Task Order within five (5) days of receiving a Purchase Order for the Task Order Services from the Commission. Each request for Task Order proposals shall identify the funding source(s) to be used to fund the Services under the relevant Task Order, and Consultant shall comply with the requirements specified herein, and in the attached exhibits, applicable to the identified funding source(s). Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with any schedule of Services set forth in a Task Order (“Schedule”). Consultant represents that it has the professional and technical personnel to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of Commission’s Contract Administrator, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 11.1 Modification of the Schedule. Consultant shall regularly report to the Commission, through correspondence or progress reports, its progress in providing required Services within the scheduled time periods. Commission shall be promptly informed of all anticipated delays. In the event that Consultant determines that a schedule modification is necessary, Consultant shall promptly submit a revised Schedule of Services for approval by Commission’s Contract Administrator. 11.2 Trend Meetings. Consultant shall conduct trend meetings with the Commission’s Contract Administrator and other interested parties, as requested by the Commission, on a bi-weekly basis or as may be mutually scheduled by the Parties at a standard day and time. These trend meetings will encompass focused and informal discussions concerning scope, schedule, and current progress of Services, relevant cost issues, and future Project objectives. Consultant shall be responsible for the preparation and distribution of meeting agendas to be received by the Commission and other attendees no later than three (3) working days prior to the meeting. 11.3 Progress Reports. As part of its monthly invoice, Consultant shall submit a progress report, in a form determined by the Commission, which will indicate the progress achieved during the previous month in relation to the Schedule of Services. Submission of such progress report by Consultant shall be a condition precedent to receipt of payment from the Commission for each monthly invoice submitted. 12. Delay in Performance. 12.1 Excusable Delays. Should Consultant be delayed or prevented from the timely performance of any act or Services required by the terms of the Agreement by reason of acts of God or of the public enemy, acts or omissions of the Commission or other governmental agencies in either their sovereign or contractual capacities, fires, DRAFT188 6 17336.00603\32414498.1 floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather, performance of such act shall be excused for the period of such delay. 12.2 Written Notice. If Consultant believes it is entitled to an extension of time due to conditions set forth in subsection 12.1, Consultant shall provide written notice to the Commission within seven (7) working days from the time Consultant knows, or reasonably should have known, that performance of the Services will be delayed due to such conditions. Failure of Consultant to provide such timely notice shall constitute a waiver by Consultant of any right to an excusable delay in time of performance. 12.3 Mutual Agreement. Performance of any Services under this Agreement may be delayed upon mutual agreement of the Parties. Upon such agreement, Consultant's Schedule of Services shall be extended as necessary by the Commission. Consultant shall take all reasonable steps to minimize delay in completion, and additional costs, resulting from any such extension. 13. Preliminary Review of Work. All reports, working papers, and similar work products prepared for submission in the course of providing Services under this Agreement shall be submitted to the Commission’s Contract Administrator in draft form, and the Commission may require revisions of such drafts prior to formal submission and approval. In the event plans and designs are to be developed as part of the Project, final detailed plans and designs shall be contingent upon obtaining environmental clearance as may be required in connection with State funding. In the event that Commission’s Contract Administrator, in his or her sole discretion, determines the formally submitted work product to be not in accordance with the standard of care established under this Agreement, Commission’s Contract Administrator may require Consultant to revise and resubmit the work at no cost to the Commission. 14. Appearance at Hearings. If and when required by the Commission, Consultant shall render assistance at public hearings or other meetings related to the Project or necessary to the performance of the Services. However, Consultant shall not be required to, and will not, render any decision, interpretation or recommendation regarding questions of a legal nature or which may be construed as constituting a legal opinion. 15. Opportunity to Cure; Inspection of Work. Commission may provide Consultant an opportunity to cure, at Consultant's expense, all errors and omissions which may be disclosed during Project implementation. Should Consultant fail to make such correction in a timely manner, such correction may be made by the Commission, and the cost thereof charged to Consultant. Consultant shall allow the Commission’s Contract Administrator, Caltrans and FHWA to inspect or review Consultant's work in progress at any reasonable time. 16. Claims Filed by Contractor. 16.1 If claims are filed by the Commission’s contractor for the Project (“Contractor”) relating to work performed by Consultant’s personnel, and additional information or assistance from the Consultant’s personnel is required by the Commission in DRAFT189 7 17336.00603\32414498.1 order to evaluate or defend against such claims; Consultant agrees to make reasonable efforts to make its personnel available for consultation with the Commission’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. 16.2 Consultant’s personnel that the Commission considers essential to assist in defending against Contractor claims will be made available on reasonable notice from the Commission. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the Consultant’s personnel services under this Agreement. 16.3 Services of the Consultant’s personnel and other support staff in connection with Contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to finally resolve the claims. 16.4 Nothing contained in this Section shall be construed to in any way limit Consultant’s indemnification obligations contained in Section 29. In the case of any conflict between this Section and Section 29, Section 29 shall govern. This Section is not intended to obligate the Commission to reimburse Consultant for time spent by its personnel related to Contractor claims for which Consultant is required to indemnify and defend the Commission pursuant to Section 29 of this Agreement. 17. Final Acceptance. Upon determination by the Commission that Consultant has satisfactorily completed the Services required under this Agreement and within the term set forth herein the Commission shall give Consultant a written Notice of Final Acceptance. Upon receipt of such notice, Consultant shall incur no further costs hereunder, unless otherwise specified in the Notice of Final Acceptance. Consultant may request issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily completed all Services required under the terms of this Agreement. In the event copyrights are permitted under this Agreement, then in connection with State funding, it is hereby acknowledged and agreed that the State agency shall have the royalty-free non-exclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for governmental purposes. 18. Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. For example, and not by way of limitation, Consultant shall keep itself fully informed of and in compliance with all implementing regulations, design standards, specifications, previous commitments that must be incorporated in the design of the Project, and administrative controls. Compliance with Federal procedures may include completion of the applicable environmental documents and approved by the United States Department of Transportation. For example, and not by way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or published Record of Decision may be required to be approved and/or completed by the United States Department of Transportation. For Consultant shall be DRAFT190 8 17336.00603\32414498.1 liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 19. Fees and Payment. 19.1 The method of payment for this Agreement will be based on actual cost plus a fixed fee. Commission shall reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the Services. Consultant shall not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant cost proposal attached hereto as Exhibit “B” and incorporated herein by reference, or any cost proposal included as part of a Task Order (“Cost Proposal”) unless additional reimbursement is provided for by written amendment. The overhead rates included in the attached Exhibit “B” shall be fixed for the term of the Master Agreement, and shall not be subject to adjustment, unless required by the applicable funding source. In In no event, shall Consultant be reimbursed for overhead costs at a rate that exceeds Commission’s approved overhead rate set forth in the Cost Proposal. In the event that Commission determines that a change to the Services from that specified in the Cost Proposal, this Agreement or any Task Order is required, the Agreement time or actual costs reimbursable by Commission shall be adjusted by written amendment to accommodate the changed work. The maximum total cost as specified in Section 19.8 shall not be exceeded, unless authorized by a written amendment. 19.2 In addition to the allowable incurred costs, Commission shall pay Consultant a fixed fee to be set forth in each Task Order (“Fixed Fee”). The Fixed Fee is nonadjustable for each Task Order, except in the event of a significant change in the Scope of Services, and such adjustment is made by written amendment. 19.3 Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. In addition, payments to Consultant for travel and subsistence expenses claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non-represented State employees under current State Department of Personnel Administration (DPA) rules, unless otherwise authorized by Commission. If the rates invoiced are in excess of those authorized DPA rates, and Commission has not otherwise approved said rates, then Consultant is responsible for the cost difference and any overpayments shall be reimbursed to the Commission on demand. 19.4 When milestone cost estimates are included in the approved Cost Proposal for a Task Order, Consultant shall obtain prior written approval for a revised DRAFT191 9 17336.00603\32414498.1 milestone cost estimate from the Contract Administrator before exceeding such cost estimate. 19.5 Progress payments shall be made monthly in arrears based on Services provided and allowable incurred costs. A pro rata portion of the Fixed Fee shall be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Scope of Services, Commission shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 21, Termination. 19.6 No payment shall be made prior to approval of any Services, nor for any Services performed prior to approval of this Agreement. 19.7 Consultant shall be reimbursed, as promptly as fiscal procedures will permit upon receipt by Commission’s Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due Commission including any equipment purchased under the Equipment Purchase provisions of this Agreement. The final invoice should be submitted within 60 calendar days after completion of Consultant’s work. Invoices shall be mailed to Commission’s Contract Administrator at the following address: Riverside County Transportation Commission Attention: Accounts Payable P.O. 12008 Riverside, CA 92502 19.8 The total amount payable by Commission, including the Fixed Fee, shall not exceed the amount set forth in each Task Order. 19.9 Salary increases shall be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by Commission’s Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. 19.10 Consultant shall not be reimbursed for any expenses unless authorized in writing by the Commission’s Contract Administrator. 19.11 All subcontracts in excess of $25,000 shall contain the above provisions. 19.12 Commission has or will enter into three (3) task order contracts for performance of the Scope of Services identified in Exhibit “A”, including this Agreement (“On-Call Traffic and Revenue Consulting Services Task Order Contracts”). The other On- Call Traffic and Revenue Consulting Services Task Order Contracts are Agreement No. 20-DRAFT192 10 17336.00603\32414498.1 31-019-00 to C&M Associates, Inc. and Agreement No. 20-31-052-00 to Stantec Consulting Services, Inc. The total amount payable by Commission for the On-Call Traffic and Revenue Consulting Services Task Order Contracts shall not exceed a cumulative maximum total value of Three Million Nine Hundred Thousand Dollars ($3,900,000) (“NTE Sum”). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On-Call Traffic and Revenue Consulting Services Task Order Contracts through Task Orders. Each time a Task Order is awarded under any of the On-Call Traffic and Revenue Consulting Services Task Order Contracts, the Commission shall send written notification to Consultant and each of the other consultants entering into the On-Call Traffic and Revenue Consulting Services Task Order Contracts. The notice shall identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. Consultant acknowledges and agrees that Commission shall not pay any amount under this Agreement that would exceed the NTE Sum, and Consultant shall not knowingly enter into a Task Order that exceeds the NTE Sum. 20. Disputes. 20.1 Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by mutual agreement of the Parties shall be decided by a committee consisting of RCTC’s Contract Administrator, who may consider written or verbal information submitted by Consultant. 20.2 Not later than 30 days after completion of all Services under this Agreement, Consultant may request review by the Commission’s Executive Director of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. 20.3 Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 21. Termination. 21.1 Commission reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant, for any or no reason, with the reasons for termination stated in the notice. Commission may terminate Services under a Task Order, at any time, for any or no reason, with the effective date of termination to be specified in the notice of termination of Task Order. 21.2 Commission may terminate this Agreement with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, Commission may proceed with the Services in any manner deemed proper by Commission. If Commission terminates this Agreement with Consultant, Commission shall pay Consultant the sum due to Consultant DRAFT193 11 17336.00603\32414498.1 under this Agreement for Services completed and accepted prior to termination, unless the cost of completion to Commission exceeds the funds remaining in the Agreement. In such case, the overage shall be deducted from any sum due Consultant under this Agreement and the balance, if any, shall be paid to Consultant upon demand. 21.3 In addition to the above, payment upon termination shall include a prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit on unperformed Services. Consultant shall provide documentation deemed adequate by Commission’s Contract Administrator to show the Services actually completed by Consultant prior to the effective date of termination. This Agreement shall terminate on the effective date of the Notice of Termination 21.4 Upon receipt of the written Notice of Termination, Consultant shall discontinue all affected Services as directed in the Notice or as otherwise provided herein, and deliver to the Commission all Documents and Data, as defined in this Agreement, as may have been prepared or accumulated by Consultant in performance of the Services, whether completed or in progress. 21.5 In addition to the above, Consultant shall be liable to the Commission for any reasonable additional costs incurred by the Commission to revise work for which the Commission has compensated Consultant under this Agreement, but which the Commission has determined in its sole discretion needs to be revised, in part or whole, to complete the Project because it did not meet the standard of care established in this Agreement. Termination of this Agreement for cause may be considered by the Commission in determining whether to enter into future agreements with Consultant. 21.6 The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 21.7 Consultant, in executing this Agreement, shall be deemed to have waived any and all claims for damages which may otherwise arise from the Commission's termination of this Agreement, for convenience or cause, as provided in this Section. 21.8 Consultant may not terminate this Agreement except for cause. 22. Cost Principles and Administrative Requirements. 22.1 If applicable, Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. 22.2 If applicable, Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 22.3 If applicable, any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 2 CFR, DRAFT194 12 17336.00603\32414498.1 Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to Commission. 22.4 All subcontracts in excess of $25,000 shall contain the above provisions. 23. Retention of Records/Audit. For the purpose of determining compliance with, as applicable, 2 CFR Part 200, Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of this Agreement pursuant to Government Code 8546.7; Consultant, subconsultants, and Commission shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement, including but not limited to, the costs of administering this Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under this Agreement. The State, State Auditor, Commission, FHWA, or any duly authorized representative of the State or Federal Government shall have access to any books, records, and documents of Consultant and it’s certified public accountants (CPA) work papers that are pertinent to this Agreement and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. 23.1 Accounting System. Consultant and its subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate expenditures by line item for the Services. The accounting system of Consultant and its subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. 24. Audit Review Procedures. 24.1 Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by Commission’s Chief Financial Officer. 24.2 Not later than 30 days after issuance of the final audit report, Consultant may request a review by Commission’s Chief Financial Officer of unresolved audit issues. The request for review shall be submitted in writing. 24.3 Neither the pendency of a dispute nor its consideration by Commission shall excuse Consultant from full and timely performance, in accordance with the terms of this Agreement. 25. Subcontracting. 25.1 Nothing contained in this Agreement or otherwise, shall create any contractual relation between Commission and any subconsultant(s), and no subcontract DRAFT195 13 17336.00603\32414498.1 shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to Commission for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from Commission’s obligation to make payments to the Consultant. 25.2 Consultant shall perform the Services contemplated with resources available within its own organization and no portion of the Services pertinent to this Agreement shall be subcontracted without written authorization by Commission’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. 25.3 Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by Commission. 25.4 Any subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. 25.5 Any substitution of subconsultant(s) must be approved in writing by Commission’s Contract Administrator prior to the start of work by the subconsultant(s). 25.6 Exhibit “B” may set forth the rates at which each subconsultant shall bill the Consultant for Services and that are subject to reimbursement by the Commission to Consultant. Additional Direct Costs, as defined in Exhibit “B” shall be the same for both the Consultant and all subconsultants, unless otherwise identified in Exhibit “B” or in a Task Order. The subconsultant rate schedules and cost proposals contained herein are for accounting purposes only. 26. Equipment Purchase 26.1 Prior authorization, in writing, by Commission’s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract for supplies, equipment, or services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. 26.2 For purchase of any item, service or consulting work not covered in the Cost Proposal and exceeding $5,000 prior authorization, in writing, by Commission’s Contract Administrator is required. Three competitive quotations must be submitted with the request for such purchase, or the absence of bidding must be adequately justified. 26.3 Any equipment purchased as a result of this Agreement is subject to the following: Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, Commission shall receive a proper refund or credit at the conclusion of this Agreement, or if this Agreement is terminated, Consultant may either keep the DRAFT196 14 17336.00603\32414498.1 equipment and credit Commission in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established Commission procedures; and credit Commission in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by Commission and Consultant. If Consultant determines to sell the equipment, the terms and conditions of such sale must be approved in advance by Commission. 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the Project. 26.4 All subcontracts in excess $25,000 shall contain the above provisions. 27. Labor Code Requirements. 27.1 Prevailing Wages. (a) Consultant shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the Services. (b) Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section. (c) When prevailing wages apply to the Services described in the Scope of Services, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. (d) Copies of the prevailing rate of per diem wages in effect at commencement of this Agreement are on file at the Commission’s offices. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 27.2 DIR Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It DRAFT197 15 17336.00603\32414498.1 shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 27.3 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day’s work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day (“Eight-Hour Law”), unless Consultant or the Services are not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub-consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour Law. 27.4 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub-consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Consultant 28. Ownership of Materials/Confidentiality. 28.1 Documents & Data. This Agreement creates an exclusive and perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all copyrights and designs embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). DRAFT198 16 17336.00603\32414498.1 Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission’s sole risk. 28.2 Intellectual Property. In addition, Commission shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. Commission further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property DRAFT199 17 17336.00603\32414498.1 otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. 28.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Commission's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Commission. 28.4 Infringement Indemnification. Consultant shall defend, indemnify and hold the Commission, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Commission of the Documents & Data, including any method, process, product, or concept specified or depicted. 29. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of Commission’s choosing), indemnify and hold Commission, Caltrans and their directors, officials, officers, employees, consultants, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Commission, Caltrans and their directors, officials, officers, employees, consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Commission, Caltrans or their directors, officials, officers, employees, consultants, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission, Caltrans and their directors, officials, officers, employees, consultants, agents, and/or volunteers, for any and all legal expenses and costs, including reasonable attorney’s fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission, Caltrans, their directors, officials officers, employees, consultants, agents, or volunteers. DRAFT200 18 17336.00603\32414498.1 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. Consultant’s obligations as set forth in this Section shall survive expiration or termination of this Agreement. 30. Insurance. 30.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this Section, in a form and with insurance companies acceptable to the Commission. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this Section. 30.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (a) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (b) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit. Limits may be achieved by any combination of primary and excess or umbrella liability insurance; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Limits may be achieved by any combination of primary and excess or umbrella liability insurance; and (3) Workers’ Compensation and Employer’s DRAFT201 19 17336.00603\32414498.1 Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Practices Liability limits of $1,000,000 per accident. 30.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. For Consultant, such insurance shall be in an amount not less than $1,000,000 per claim. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. Subconsultants of Consultant shall obtain such insurance in an amount not less than $2,000,000 per claim. Notwithstanding the foregoing, the Commission may consider written requests to lower or dispense with the errors and omissions liability insurance requirement contained in this Section for certain subconsultants of Consultant, on a case-by-case basis, depending on the nature and scope of the Services to be provided by the subconsultant. Approval of such request shall be in writing, signed by the Commission’s Contract Administrator. 30.4 Aircraft Liability Insurance. Prior to conducting any Services requiring use of aircraft, Consultant shall procure and maintain, or cause to be procured and maintained, aircraft liability insurance or equivalent form, with a single limit as shall be required by the Commission. Such insurance shall include coverage for owned, hired and non-owned aircraft and passengers, and shall name, or be endorsed to name, the Commission, Caltrans and their directors, officials, officers, employees and agents as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant. 30.5 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: (a) General Liability. (i) Commercial General Liability Insurance must include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Injury; (3) premises/operations liability; (4) products/completed operations liability; (5) aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form property damage; and (9) independent consultants coverage. (ii) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to this Agreement. DRAFT202 20 17336.00603\32414498.1 (iii) The policy shall give the Commission, its directors, officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (iv) The additional insured coverage under the policy shall be “primary and non-contributory” and will not seek contribution from the Commission’s or Caltrans’ insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing the exact same coverage. (b) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the Commission, Caltrans and their directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, Caltrans and their directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, Caltrans and their directors, officials, officers, employees and agents shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (c) Workers’ Compensation and Employers Liability Coverage. (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) The insurer shall agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (d) All Coverages. (i) Defense costs shall be payable in addition to the limits set forth hereunder. (ii) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth herein shall be available to the Commission, Caltrans and their directors, officials, officers, employees and agents as additional insureds under said policies. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this DRAFT203 21 17336.00603\32414498.1 Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (iii) The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the Commission (if agreed to in a written contract or agreement) before the Commission’s own insurance or self-insurance shall be called upon to protect it as a named insured. The umbrella/excess policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying policy(ies). (iv) Consultant shall provide the Commission at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the Commission at least ten (10) days prior to the effective date of cancellation or expiration. (v) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (vi) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Commission, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (vii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Commission has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Commission will be promptly reimbursed by Consultant or Commission will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Commission may cancel this Agreement. The Commission may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (viii) Neither the Commission nor any of its directors, officials, officers, employees or agents shall be personally responsible for any liability arising under or by virtue of this Agreement. DRAFT204 22 17336.00603\32414498.1 30.6 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self-insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expense. 30.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the Commission. 30.8 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 30.9 Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the Commission that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the Commission as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, the Commission may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 30.10 Other Insurance. At its option, the Commission may require such additional coverage(s), limits and/or the reduction of deductibles or retentions it considers reasonable and prudent based upon risk factors that may directly or indirectly impact the Project. In retaining this option Commission does not warrant Consultant’s insurance program to be adequate. Consultant shall have the right to purchase insurance in addition to the insurance required in this Section. 31. Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, DRAFT205 23 17336.00603\32414498.1 trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Pursuant to the authority contained in Section 591 of the Vehicle Code, the Commission has determined that the Project will contain areas that are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. 32. Additional Work. Any work or activities that are in addition to, or otherwise outside of, the Services to be performed pursuant to this Agreement shall only be performed pursuant to a separate agreement between the parties. Notwithstanding the foregoing, the Commission’s Executive Director may make a change to the Agreement, other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a change which is “outside the scope” of the Agreement; in other words, work which should not be regarded as having been fairly and reasonably within the contemplation of the parties when the Agreement was entered into. An example of a change which is not a Cardinal Change would be where, in a contract to construct a building there are many changes in the materials used, but the size and layout of the building remains the same. Cardinal Changes are not within the authority of this provision to order, and shall be processed by the Commission as “sole source” procurements according to applicable law, including the requirements of FTA Circular 4220.1D, paragraph 9(f). (a) In addition to the changes authorized above, a modification which is signed by Consultant and the Commission’s Executive Director, other than a Cardinal Change, may be made in order to: (1) make a negotiated equitable adjustment to the Agreement price, delivery schedule and other terms resulting from the issuance of a Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of the parties modifying the terms of this Agreement (“Bilateral Contract Modification”). (b) Consultant shall not perform, nor be compensated for any change, without written authorization from the Commission’s Executive Director as set forth herein. In the event such a change authorization is not issued and signed by the Commission’s Executive Director, Consultant shall not provide such change. 33. Prohibited Interests. 33.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this DRAFT206 24 17336.00603\32414498.1 Agreement. For breach or violation of this warranty, the Commission shall have the right to rescind this Agreement without liability. 33.2 Consultant Conflict of Interest (a) Consultant shall disclose any financial, business, or other relationship with Commission that may have an impact upon the outcome of this Agreement, or any ensuing Commission construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing Commission construction project, which will follow. (b) Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. (c) Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article. (d) Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise. (e) Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. 33.3 Commission Conflict of Interest. For the term of this Agreement, no member, officer or employee of the Commission, during the term of his or her service with the Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 33.4 Conflict of Employment. Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon the Consultant securing this or related Agreements with the Commission, is prohibited. 33.5 Covenant Against Contingent Fees. As required in connection with federal funding, the Consultant warrants that he/she has not employed or retained any DRAFT207 25 17336.00603\32414498.1 company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Commission shall have the right to terminate this Agreement without liability pursuant to the terms herein, or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 33.6 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any Commission employee. For breach or violation of this warranty, Commission shall have the right in its discretion; to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the Agreement price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 33.7 Covenant Against Expenditure of Commission, State or Federal Funds for Lobbying. The Consultant certifies that to the best of his/ her knowledge and belief no state, federal or local agency appropriated funds have been paid, or will be paid by or on behalf of the Consultant to any person for the purpose of influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the award of any state or federal contract, grant, loan, or cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. (a) Intentionally omitted. (b) The Consultant's certification provided in this Section is a material representation of fact upon which reliance was placed when this Agreement was entered into, and is a prerequisite for entering into this Agreement pursuant to Section 1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the disclosure and certification requirements set forth in Section 1352, Title 31, US. Code may result in a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (c) The Consultant also agrees by signing this Agreement that he/she shall require that the language set forth in this Section be included in all Consultant subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. 33.8 Employment Adverse to the Commission. Consultant shall notify the Commission, and shall obtain the Commission’s written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against the Commission during the term of this Agreement. DRAFT208 26 17336.00603\32414498.1 34. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 35. Right to Employ Other Consultants. Commission reserves the right to employ other consultants in connection with the Project. 36. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 37. Disputes; Attorneys' Fees. 37.1 Prior to commencing any action hereunder, the Parties shall attempt in good faith to resolve any dispute arising between them. The pendency of a dispute shall not excuse Consultant from full and timely performance of the Services. 37.2. If the Parties are unable to resolve a dispute after attempting in good faith to do so, the Parties may seek any other available remedy to resolve the dispute. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and, all other costs of such actions. 38. Time of Essence. Time is of the essence for each and every provision of this Agreement. 39. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 40. Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: COMMISSION: CDM Smith Inc. Riverside County 9220 Cleveland Avenue Transportation Commission Unit 100 4080 Lemon Street, 3rd Floor Rancho Cucamonga, CA 91730 Riverside, CA 92501 Attn: Christopher Mwalwanda Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. mail, first class postage prepaid, and addressed to the DRAFT209 27 17336.00603\32414498.1 Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 41. Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 42. Amendment or Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 43. Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. 44. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 45. Intentionally Omitted. 46. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, shall survive any such expiration or termination. 47. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 48. Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 49. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 50. Attorney Client Privilege. The Parties recognize that, during the Project, the Commission and its attorneys will engage in communication that gives rise to an attorney client privilege of confidentiality (“Confidential Communication”). Given the nature of the work done by Consultant for the Commission, it may be necessary for the Consultant to participate in Confidential Communications. To the extent that (i) the Consultant is a party to any Confidential Communication, and (ii) a third party seeks discovery of such communications, then the Consultant shall be deemed to be an agent of the Commission solely for purposes of preserving any attorney client privilege in the relevant Confidential Communication. Any such attorney client privilege shall be held by the Commission and DRAFT210 28 17336.00603\32414498.1 the Consultant is not authorized to waive that privilege or, otherwise, disclose such Confidential Communication except as set forth below. This Section is intended to maintain the privilege in any privileged Confidential Communications that are (1) between and among Commission, Consultant, and Commission’s attorneys; (2) between Consultant (on behalf of the Commission) and Commission’s attorneys; (3) Confidential Communications that occur in Closed Session meetings wherein the Commission, the Commission’s attorneys and Consultant are present; and (4) between Commission and Consultant wherein the substance of the Confidential Communication is conveyed to/from the Consultant. Consultant may disclose a Confidential Communication to the extent such disclosure is required by legal process, by a court of competent jurisdiction or by any other governmental authority, provided that any such disclosure shall be limited to the specific part of the Confidential Communication required to be disclosed and provided that Consultant first comply with the requirements set forth in this paragraph. As soon as practicable after Consultant becomes aware that it is required, or may become required, to disclose the Confidential Communication for such reason, Consultant shall notify the Commission in writing, in order to allow the Commission to pursue legal remedies designed to limit the Confidential Communication required to be disclosed or to assure the confidential treatment of the disclosed information following its disclosure. Consultant shall cooperate with the Commission, on a reimbursable basis, to assist the Commission in limiting the scope of disclosure or assuring the confidential treatment of any disclosed information. 51. Subpoenas or Court Orders. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 52. Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein, without the prior written consent of the Commission. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 53. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by Consultant without the prior written consent of Commission. 54. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 55. No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any DRAFT211 29 17336.00603\32414498.1 rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 56. Electronic Delivery of Agreement. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. [Signatures on following page]DRAFT212 30 17336.00603\32414498.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL TRAFFIC AND REVENUE CONSULTING SERVICES IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Anne Mayer, Executive Director Approved as to Form: By: Best, Best & Krieger LLP General Counsel CDM SMITH, INC. By: Signature Name Title ATTEST: By: Its: ___________________________ * A corporation requires the signatures of two corporate officers. One signature shall be that of the chairman of board, the president or any vice president and the second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation. If the above persons are not the intended signators, evidence of signature authority shall be provided to RCTC. DRAFT213 Exhibit A 17336.00603\32414498.1 EXHIBIT "A" SCOPE OF SERVICES [ATTACHED BEHIND THIS PAGE]DRAFT214 EXHIBIT A - 1 SCOPE OF SERVICES ON-CALL TRAFFIC AND REVENUE CONSULTING SERVICES 1. GENERAL INFORMATION 1.1. Background The RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Commission) is requesting Statements of Qualifications (SOQ) from qualified professionals for on-call Traffic and Revenue consulting services. The Commission intends to contract with qualified consulting firms to provide comprehensive, on-call consulting services for Commission toll projects. On- call traffic and revenue services will be in support of planned or in-progress Commission projects, operating Commission toll facilities, and technical support for the toll program. 2. DESCRIPTION OF WORK Consultant tasks may include, but not be limited to, the following typical tasks. Specific requirements will be set forth in each task for each Task Order: 2.1. Project Management The Consultant will support the Commission with coordination and supervision of project staff to facilitate the performance in accordance with this scope of work and RCTC requirements. The Project management effort is to include but not be limited to, the coordination/preparation/documentation of project meetings, development/maintenance of a project schedule, preparation of monthly invoicing, maintenance of project records, development/administration of a quality control plan and coordination of submittals and final deliverables. 2.2. Traffic and Revenue Studies The Consultant shall support the Commission with the development of different levels of traffic and revenue studies depending on the need for a particular express lanes project. The following is a description of the potential tasks that may be issued with a specific task order for this discipline:  Level 1 Traffic and Revenue Study (sketch) that evaluates potential traffic demand and growth with implementation of express lanes and provides revenue estimates for a given amount of time.  Level 2 Traffic and Revenue Study (Intermediate) that further refines traffic forecast, operations, and revenue estimates in that it can be used to support express lane planning, design, and provide a basis for a funding or financing plan. The effort associated with this type of study may require additional data collection for traffic forecasting and economic development assumptions. In addition, stated preference surveys may be required. DRAFT215 EXHIBIT A - 2  Level 3 Traffic and Revenue Study (Investment Grade) that provides a robust and thorough evaluation of traffic forecasts, operation, and expected revenue from implementation of express lanes. A level 3 Traffic and Revenue study will be used as a mechanism to support the issuance of bonds for future express lanes projects. This study may be built on a existing level 2 study and may include verification of traffic data, modeling assumptions and revenue estimates. Additional stated preference surveys may be needed to verify the assumptions made in the modeling for the future express lanes projects. Additional counts and scenario analyses maybe necessary to make the level 3 Traffic and Revenue Study current and to support bond issuance activities. 2.3. Technical Support and Miscellaneous Studies For future projects and existing facilities, the Consultant will provide technical support as it relates to reviewing traffic and revenue activities and documents. As part of a given task order, the Consultant may review or develop studies related to simulation, travel modeling, financial analysis, operational analysis, and planning services to support pricing policies and design adjustments of tolled facilities, corridors, or systems. In addition, various questions and requests from Commissioners as it relates to an existing or future toll policy may need to be evaluated. Under this task, the Consultant may do any of the following activities:  Review and verify traffic and revenue Studies from other Consultants or other agencies;  Conduct data compilation, field data collection, and analysis;  Conduct land use and socio-economic research;  Conduct Stated Preference surveys;  Toll optimization evaluation through analysis of pricing strategies, toll rate adjustments, Monte-Carlo simulation analysis, and other financial modeling techniques to determine optimal toll solutions, based on revenue or throughput;  Evaluate the traffic and revenue impacts of addition/deletion of project features or proposed projects within the express lanes corridor or network;  Provide net toll revenue analyses of proposed express lanes corridors;  Sensitivity analyses that evaluates impacts to revenue and traffic from different assumptions from a socio-economic perspective, horizon years, anticipated projects, and other factors that can impact proposed and existing express lanes;  Forecasting of traffic performance for existing facilities and future projects  Express lane network traffic modeling for potential new express lanes corridors;  Market share analyses for preliminary testing of alternative toll concepts and operational policies;  Develop traffic and revenue modeling and evaluate impacts from emerging mobility technologies;  Evaluate multi-modal feasibility from a traffic and revenue perspective; DRAFT216 EXHIBIT A - 3  Provide technical support and present to Commission legal counsel, other consultants, Caltrans, Federal Highway Administration, financial institutions or rating agencies regarding traffic and revenue studies;  Develop and execute presentations and trainings for various audiences;  And complete relevant tasks related to traffic and revenue analyses of highway corridors and other mobility options. 2.4. Materials to be Furnished by Commission All software, data, reports, surveys, drawings, and other documents furnished to the Offeror by Commission for the Offeror’s use in the performance of services shall be made available only for use in performing the assignment and shall remain the property of Commission. All such materials shall be returned to Commission upon completion of services, termination of the agreement, or other such time as Commission may determine. 2.5. Personnel Qualifications and Responsibilities The quantity and qualifications of personnel to be assigned will be determined by the scope of the Task Order request and the degree of difficulty of the required tasks to be performed. All personnel and personnel assignments shall be subject to approval by Commission. 2.6. Third Party Relationships This Contract is intended to provide on-call traffic and revenue consulting services for Commission projects, facilities, and purposes. The Commission works closely with various professional offerors, agencies, and others in the development of its projects and facilities. The Commission, however, is solely responsible for and will be the sole point of contact for all contractual matters related to the Task Orders. Offeror shall take direction only from Commission and shall regularly inform only Commission of Task Order progress, outstanding issues, and all related matters. During the course of the Contract, Offeror may find occasion to meet with local, state, and federal representatives, consultants, advisors, legal counsel, or other third parties who have assisted with the various RCTC projects. These entities may, from time to time, offer suggestions and/or recommendations regarding the Commission project or elements of the project. While the Commission enjoys a close relationship with and has considerable confidence in the capabilities of these other parties, Offeror shall not act on any suggestions, solicited or unsolicited, without obtaining specific direction from Commission. All oral and written communication with outside agencies or Offerors related to the project shall be directed only to Commission. Distribution of project related communications and information shall be at the sole discretion of Commission representatives. DRAFT217 EXHIBIT A - 4 3. Task Order PROCEDURES 3.1. Definitions The term Consultant shall refer to the firm or firms that are awarded the contract for environmental consulting services. A Task Order is utilized by the parties to establish, outline, and authorize a particular job or task. 3.2. Initiating Task Orders The Commission’s project manager will issue Task Orders to the Consultant. The Commission’s request for task order submittals. Upon a request for a Task Order Proposal by the designated Commission project manager, Consultant shall develop a plan and submit a task order proposal for the requested services. The Task Order shall include a time schedule, number of labor hours, and labor classification(s) to provide the requested services. 3.3. Review and Award of Task Orders The Commission’s designated project manager will review the submitted Task Order (to ensure that the submittal is complete, consistent with the Commission’s written or oral request for services, the personnel assigned are acceptable, the schedule is acceptable, that all costs proposed are appropriate, and that the item is in compliance with contractual requirements. The project manager will award the Task Order if it is determined to be fair and reasonable. If required, the Commission’s project manager will conduct negotiations to address exceptions and clarify costs. The fully executed Task Order will serve as the record of negotiations. 3.4. Completion Schedule The Consultant’s performance of services shall commence under each Task Order only upon written authorization by the Commission’s designated project manager. Consultant shall complete the services within the time frame specified on a particular Task Order. DRAFT218 Exhibit B 17336.00603\32414498.1 EXHIBIT "B" COMPENSATION AND PAYMENT [ATTACHED BEHIND THIS PAGE] DRAFT219 FISCAL YEAR PROJECT COST FY 2019/20 Traffic & Revenue Study Services 450,000.00$ FY 2020/21 Traffic & Revenue Study Services 350,000.00 FY 2021/22 Traffic & Revenue Study Services 800,000.00 FY 2022/23 Traffic & Revenue Study Services 1,500,000.00 FY 2023/25 Traffic & Revenue Study Services 600,000.00 FY 2025/26 Traffic & Revenue Study Services 200,000.00 3,900,000.00 3,900,000.00$ EXHIBIT "B" COMPENSATION SUMMARY1 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. SUBTOTAL TOTAL COSTS EXHIBIT B - 1DRAFT220 17336.00603\32414498.1 Agreement No. 20-31-052-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR ON-CALL TRAFFIC AND REVENUE CONSULTING SERVICES Parties and Date. This Agreement is made and entered into this ___ day of _______, 2020, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and STANTEC CONSULTING SERVICES, INC. ("Consultant"), a Corporation. The Commission and Consultant are sometimes referred to herein individually as “Party”, and collectively as the “Parties”. Recitals. A. On November 8, 1988 the Voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax (the "tax") to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). B. Pursuant to Public Utility Code Sections 240000 et seq., the Commission is authorized to allocate the proceeds of the Tax in furtherance of the Plan. C. On November 5, 2002, the voters of Riverside County approved an extension of the Measure A tax for an additional thirty (30) years for the continued funding of transportation and improvements within the County of Riverside. D. Consultant desires to perform and assume responsibility for the provision of certain on-call traffic and revenue consulting services in the County of Riverside, California. Services shall be provided on the terms and conditions set forth in this Agreement and in the task order(s) to be solicited, awarded and authorized by Commission Purchase Orders as further described in this Agreement (“Task Order”). Consultant represents that it is experienced in providing such services to public clients, is licensed in the State of California (if necessary), and is familiar with the plans of the Commission. E. The Commission desires to engage Consultant to render such services on an on-call basis. Services shall be ordered by Task Order(s) to be issued pursuant to this Agreement for future projects as set forth herein and in each Task Order (each such project shall be designated a “Project” under this Agreement). DRAFT221 ATTACHMENT 3 2 17336.00603\32414498.1 Terms. 1. General Scope of Services. Consultant shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise, and incidental and customary work necessary to fully and adequately supply the on-call traffic and revenue consulting services for the Projects ("Services"). The Services are generally described in Exhibit "A" attached hereto and incorporated herein by reference. The Services shall be more particularly described in the individual Task Order requests and proposals. No Services shall be performed unless authorized by a Commission Purchase Order for Task Order Services, as further detailed herein. All Services shall be subject to, and performed in accordance with, this Agreement, the relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 2. Commencement of Services. The Consultant shall commence work upon receipt of a written "Notice to Proceed" or "Limited Notice to Proceed" from Commission, and following issuance of a Purchase Order for authorized Task Order Services. 3. Pre-Award Audit. As a result of the funding for this Project, and to the extent Caltrans procedures apply in connection therewith, issuance of a “Notice to Proceed” may be contingent upon completion and approval of a pre-award audit. Any questions raised during the pre-award audit shall be resolved before the Commission will consider approval of this Agreement. 4. Audit Procedures. Consultant and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an Independent Cost Review (ICR) Audit, or a CPA ICR audit work paper review. If selected for audit or review, this Agreement, Consultant’s cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. This Agreement, Consultant’s cost proposal, and ICR shall be adjusted by Consultant and approved by the Commission’s contract manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into this Agreement by this reference if directed by Commission at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of the Agreement terms and cause for termination of this Agreement and disallowance of prior reimbursed costs. Additional audit provisions applicable to this Agreement are set forth in Sections 23 and 24 of this Agreement. DRAFT222 3 17336.00603\32414498.1 5. Term. 5.1 This Agreement shall go into effect on the date first set forth above, contingent upon approval by Commission, and Consultant shall commence work after notification to proceed by Commission’s Contract Administrator. This Agreement shall end five years from the date set forth above, unless extended by contract amendment. All Task Order work should be completed within the term. 5.2 Consultant is advised that any recommendation for contract award is not binding on Commission until this Agreement is fully executed and approved by the Commission. 5.3 This Agreement shall remain in effect until the date set forth above, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 6. Commission's Contract Administrator. The Commission hereby designates the Commission's Executive Director, or his or her designee, to act as its Contract Administrator for the performance of this Agreement ("Commission’s Contract Administrator"). Commission’s Contract Administrator shall have the authority to act on behalf of the Commission for all purposes under this Agreement. Commission’s Contract Administrator shall also review and give approval, as needed, to the details of Consultant's work as it progresses. Consultant shall not accept direction or orders from any person other than the Commission’s Contract Administrator or his or her designee. 7. Consultant's Representative. Consultant hereby designates Sheldon Mar, to act as its Representative for the performance of this Agreement ("Consultant’s Representative"). Consultant's Representative shall have full authority to act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his or her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. Consultant shall work closely and cooperate fully with Commission’s Contract Administrator and any other agencies which may have jurisdiction over, or an interest in, the Services. Consultant's Representative shall be available to the Commission staff at all reasonable times. Any substitution in Consultant's Representative shall be approved in writing by Commission’s Contract Administrator. 8. Substitution of Key Personnel. Consultant has represented to the Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval by the Commission. In the event that the Commission and Consultant cannot agree as to the substitution of the key personnel, the Commission shall be entitled to terminate this Agreement for cause, pursuant to the provisions herein. The key personnel for DRAFT223 4 17336.00603\32414498.1 performance of this Agreement are: Sheldon Mar, Steven Abendschein, Rick Gobeille, David Schellinger, Rosella Picado, Nick Amrhein, Brent Baker, Catherine Larson, or as otherwise identified in the Task Order. 9. Standard of Care; Licenses. Consultant represents and maintains that it is skilled in the professional calling necessary to perform all Services, duties and obligations required by this Agreement to fully and adequately complete the Project. Consultant shall perform the Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents and warrants to the Commission that its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the Commission, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant’s errors and omissions. Any employee of Consultant or its sub-consultants who is determined by the Commission to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Commission, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 10. Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and not as an employee, agent or representative of the Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries and other amounts due such personnel in connection with their performance of Services and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including but not limited to, social security taxes, income tax withholdings, unemployment insurance, disability insurance, and workers' compensation insurance. 11. Task Orders; Commencement of Services; Schedule of Services. Services under this Agreement shall be competitively solicited amongst Consultant and the other firms identified in Section 19.12 of this Agreement pursuant to a Task Order request for proposals process. If Consultant’s Task Order proposal is selected for a Project, the Commission shall issue a Purchase Order for the Services. Consultant’s agreement to the final terms of a proposed Task Order, Commission’s issuance of a Purchase Order and DRAFT224 5 17336.00603\32414498.1 Consultant’s commencement of the Services following issuance of the Purchase Order shall indicate the Parties’ agreement to the terms of the relevant Task Order. Consultant shall commence Services under a Task Order within five (5) days of receiving a Purchase Order for the Task Order Services from the Commission. Each request for Task Order proposals shall identify the funding source(s) to be used to fund the Services under the relevant Task Order, and Consultant shall comply with the requirements specified herein, and in the attached exhibits, applicable to the identified funding source(s). Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with any schedule of Services set forth in a Task Order (“Schedule”). Consultant represents that it has the professional and technical personnel to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of Commission’s Contract Administrator, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 11.1 Modification of the Schedule. Consultant shall regularly report to the Commission, through correspondence or progress reports, its progress in providing required Services within the scheduled time periods. Commission shall be promptly informed of all anticipated delays. In the event that Consultant determines that a schedule modification is necessary, Consultant shall promptly submit a revised Schedule of Services for approval by Commission’s Contract Administrator. 11.2 Trend Meetings. Consultant shall conduct trend meetings with the Commission’s Contract Administrator and other interested parties, as requested by the Commission, on a bi-weekly basis or as may be mutually scheduled by the Parties at a standard day and time. These trend meetings will encompass focused and informal discussions concerning scope, schedule, and current progress of Services, relevant cost issues, and future Project objectives. Consultant shall be responsible for the preparation and distribution of meeting agendas to be received by the Commission and other attendees no later than three (3) working days prior to the meeting. 11.3 Progress Reports. As part of its monthly invoice, Consultant shall submit a progress report, in a form determined by the Commission, which will indicate the progress achieved during the previous month in relation to the Schedule of Services. Submission of such progress report by Consultant shall be a condition precedent to receipt of payment from the Commission for each monthly invoice submitted. 12. Delay in Performance. 12.1 Excusable Delays. Should Consultant be delayed or prevented from the timely performance of any act or Services required by the terms of the Agreement by reason of acts of God or of the public enemy, acts or omissions of the Commission or other governmental agencies in either their sovereign or contractual capacities, fires, DRAFT225 6 17336.00603\32414498.1 floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather, performance of such act shall be excused for the period of such delay. 12.2 Written Notice. If Consultant believes it is entitled to an extension of time due to conditions set forth in subsection 12.1, Consultant shall provide written notice to the Commission within seven (7) working days from the time Consultant knows, or reasonably should have known, that performance of the Services will be delayed due to such conditions. Failure of Consultant to provide such timely notice shall constitute a waiver by Consultant of any right to an excusable delay in time of performance. 12.3 Mutual Agreement. Performance of any Services under this Agreement may be delayed upon mutual agreement of the Parties. Upon such agreement, Consultant's Schedule of Services shall be extended as necessary by the Commission. Consultant shall take all reasonable steps to minimize delay in completion, and additional costs, resulting from any such extension. 13. Preliminary Review of Work. All reports, working papers, and similar work products prepared for submission in the course of providing Services under this Agreement shall be submitted to the Commission’s Contract Administrator in draft form, and the Commission may require revisions of such drafts prior to formal submission and approval. In the event plans and designs are to be developed as part of the Project, final detailed plans and designs shall be contingent upon obtaining environmental clearance as may be required in connection with State funding. In the event that Commission’s Contract Administrator, in his or her sole discretion, determines the formally submitted work product to be not in accordance with the standard of care established under this Agreement, Commission’s Contract Administrator may require Consultant to revise and resubmit the work at no cost to the Commission. 14. Appearance at Hearings. If and when required by the Commission, Consultant shall render assistance at public hearings or other meetings related to the Project or necessary to the performance of the Services. However, Consultant shall not be required to, and will not, render any decision, interpretation or recommendation regarding questions of a legal nature or which may be construed as constituting a legal opinion. 15. Opportunity to Cure; Inspection of Work. Commission may provide Consultant an opportunity to cure, at Consultant's expense, all errors and omissions which may be disclosed during Project implementation. Should Consultant fail to make such correction in a timely manner, such correction may be made by the Commission, and the cost thereof charged to Consultant. Consultant shall allow the Commission’s Contract Administrator, Caltrans and FHWA to inspect or review Consultant's work in progress at any reasonable time. 16. Claims Filed by Contractor. 16.1 If claims are filed by the Commission’s contractor for the Project (“Contractor”) relating to work performed by Consultant’s personnel, and additional information or assistance from the Consultant’s personnel is required by the Commission in DRAFT226 7 17336.00603\32414498.1 order to evaluate or defend against such claims; Consultant agrees to make reasonable efforts to make its personnel available for consultation with the Commission’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. 16.2 Consultant’s personnel that the Commission considers essential to assist in defending against Contractor claims will be made available on reasonable notice from the Commission. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the Consultant’s personnel services under this Agreement. 16.3 Services of the Consultant’s personnel and other support staff in connection with Contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to finally resolve the claims. 16.4 Nothing contained in this Section shall be construed to in any way limit Consultant’s indemnification obligations contained in Section 29. In the case of any conflict between this Section and Section 29, Section 29 shall govern. This Section is not intended to obligate the Commission to reimburse Consultant for time spent by its personnel related to Contractor claims for which Consultant is required to indemnify and defend the Commission pursuant to Section 29 of this Agreement. 17. Final Acceptance. Upon determination by the Commission that Consultant has satisfactorily completed the Services required under this Agreement and within the term set forth herein the Commission shall give Consultant a written Notice of Final Acceptance. Upon receipt of such notice, Consultant shall incur no further costs hereunder, unless otherwise specified in the Notice of Final Acceptance. Consultant may request issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily completed all Services required under the terms of this Agreement. In the event copyrights are permitted under this Agreement, then in connection with State funding, it is hereby acknowledged and agreed that the State agency shall have the royalty-free non-exclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for governmental purposes. 18. Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. For example, and not by way of limitation, Consultant shall keep itself fully informed of and in compliance with all implementing regulations, design standards, specifications, previous commitments that must be incorporated in the design of the Project, and administrative controls. Compliance with Federal procedures may include completion of the applicable environmental documents and approved by the United States Department of Transportation. For example, and not by way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or published Record of Decision may be required to be approved and/or completed by the United States Department of Transportation. For Consultant shall be DRAFT227 8 17336.00603\32414498.1 liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 19. Fees and Payment. 19.1 The method of payment for this Agreement will be based on actual cost plus a fixed fee. Commission shall reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the Services. Consultant shall not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant cost proposal attached hereto as Exhibit “B” and incorporated herein by reference, or any cost proposal included as part of a Task Order (“Cost Proposal”) unless additional reimbursement is provided for by written amendment. The overhead rates included in the attached Exhibit “B” shall be fixed for the term of the Master Agreement, and shall not be subject to adjustment, unless required by the applicable funding source. In In no event, shall Consultant be reimbursed for overhead costs at a rate that exceeds Commission’s approved overhead rate set forth in the Cost Proposal. In the event that Commission determines that a change to the Services from that specified in the Cost Proposal, this Agreement or any Task Order is required, the Agreement time or actual costs reimbursable by Commission shall be adjusted by written amendment to accommodate the changed work. The maximum total cost as specified in Section 19.8 shall not be exceeded, unless authorized by a written amendment. 19.2 In addition to the allowable incurred costs, Commission shall pay Consultant a fixed fee to be set forth in each Task Order (“Fixed Fee”). The Fixed Fee is nonadjustable for each Task Order, except in the event of a significant change in the Scope of Services, and such adjustment is made by written amendment. 19.3 Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. In addition, payments to Consultant for travel and subsistence expenses claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non-represented State employees under current State Department of Personnel Administration (DPA) rules, unless otherwise authorized by Commission. If the rates invoiced are in excess of those authorized DPA rates, and Commission has not otherwise approved said rates, then Consultant is responsible for the cost difference and any overpayments shall be reimbursed to the Commission on demand. 19.4 When milestone cost estimates are included in the approved Cost Proposal for a Task Order, Consultant shall obtain prior written approval for a revised DRAFT228 9 17336.00603\32414498.1 milestone cost estimate from the Contract Administrator before exceeding such cost estimate. 19.5 Progress payments shall be made monthly in arrears based on Services provided and allowable incurred costs. A pro rata portion of the Fixed Fee shall be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Scope of Services, Commission shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 21, Termination. 19.6 No payment shall be made prior to approval of any Services, nor for any Services performed prior to approval of this Agreement. 19.7 Consultant shall be reimbursed, as promptly as fiscal procedures will permit upon receipt by Commission’s Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due Commission including any equipment purchased under the Equipment Purchase provisions of this Agreement. The final invoice should be submitted within 60 calendar days after completion of Consultant’s work. Invoices shall be mailed to Commission’s Contract Administrator at the following address: Riverside County Transportation Commission Attention: Accounts Payable P.O. 12008 Riverside, CA 92502 19.8 The total amount payable by Commission, including the Fixed Fee, shall not exceed the amount set forth in each Task Order. 19.9 Salary increases shall be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by Commission’s Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. 19.10 Consultant shall not be reimbursed for any expenses unless authorized in writing by the Commission’s Contract Administrator. 19.11 All subcontracts in excess of $25,000 shall contain the above provisions. 19.12 Commission has or will enter into three (3) task order contracts for performance of the Scope of Services identified in Exhibit “A”, including this Agreement (“On-Call Traffic and Revenue Consulting Services Task Order Contracts”). The other On- Call Traffic and Revenue Consulting Services Task Order Contracts are Agreement No. 20-DRAFT229 10 17336.00603\32414498.1 31-019-00 to C&M Associates, Inc. and Agreement No. 20-31-051-00 to CDM Smith, Inc. The total amount payable by Commission for the On-Call Traffic and Revenue Consulting Services Task Order Contracts shall not exceed a cumulative maximum total value of Three Million Nine Hundred Thousand Dollars ($3,900,000) (“NTE Sum”). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On-Call Traffic and Revenue Consulting Services Task Order Contracts through Task Orders. Each time a Task Order is awarded under any of the On- Call Traffic and Revenue Consulting Services Task Order Contracts, the Commission shall send written notification to Consultant and each of the other consultants entering into the On-Call Traffic and Revenue Consulting Services Task Order Contracts. The notice shall identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. Consultant acknowledges and agrees that Commission shall not pay any amount under this Agreement that would exceed the NTE Sum, and Consultant shall not knowingly enter into a Task Order that exceeds the NTE Sum. 20. Disputes. 20.1 Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by mutual agreement of the Parties shall be decided by a committee consisting of RCTC’s Contract Administrator, who may consider written or verbal information submitted by Consultant. 20.2 Not later than 30 days after completion of all Services under this Agreement, Consultant may request review by the Commission’s Executive Director of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. 20.3 Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 21. Termination. 21.1 Commission reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant, for any or no reason, with the reasons for termination stated in the notice. Commission may terminate Services under a Task Order, at any time, for any or no reason, with the effective date of termination to be specified in the notice of termination of Task Order. 21.2 Commission may terminate this Agreement with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, Commission may proceed with the Services in any manner deemed proper by Commission. If Commission terminates this Agreement with Consultant, Commission shall pay Consultant the sum due to Consultant DRAFT230 11 17336.00603\32414498.1 under this Agreement for Services completed and accepted prior to termination, unless the cost of completion to Commission exceeds the funds remaining in the Agreement. In such case, the overage shall be deducted from any sum due Consultant under this Agreement and the balance, if any, shall be paid to Consultant upon demand. 21.3 In addition to the above, payment upon termination shall include a prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit on unperformed Services. Consultant shall provide documentation deemed adequate by Commission’s Contract Administrator to show the Services actually completed by Consultant prior to the effective date of termination. This Agreement shall terminate on the effective date of the Notice of Termination 21.4 Upon receipt of the written Notice of Termination, Consultant shall discontinue all affected Services as directed in the Notice or as otherwise provided herein, and deliver to the Commission all Documents and Data, as defined in this Agreement, as may have been prepared or accumulated by Consultant in performance of the Services, whether completed or in progress. 21.5 In addition to the above, Consultant shall be liable to the Commission for any reasonable additional costs incurred by the Commission to revise work for which the Commission has compensated Consultant under this Agreement, but which the Commission has determined in its sole discretion needs to be revised, in part or whole, to complete the Project because it did not meet the standard of care established in this Agreement. Termination of this Agreement for cause may be considered by the Commission in determining whether to enter into future agreements with Consultant. 21.6 The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 21.7 Consultant, in executing this Agreement, shall be deemed to have waived any and all claims for damages which may otherwise arise from the Commission's termination of this Agreement, for convenience or cause, as provided in this Section. 21.8 Consultant may not terminate this Agreement except for cause. 22. Cost Principles and Administrative Requirements. 22.1 If applicable, Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. 22.2 If applicable, Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 22.3 If applicable, any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 2 CFR, DRAFT231 12 17336.00603\32414498.1 Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to Commission. 22.4 All subcontracts in excess of $25,000 shall contain the above provisions. 23. Retention of Records/Audit. For the purpose of determining compliance with, as applicable, 2 CFR Part 200, Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of this Agreement pursuant to Government Code 8546.7; Consultant, subconsultants, and Commission shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement, including but not limited to, the costs of administering this Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under this Agreement. The State, State Auditor, Commission, FHWA, or any duly authorized representative of the State or Federal Government shall have access to any books, records, and documents of Consultant and it’s certified public accountants (CPA) work papers that are pertinent to this Agreement and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. 23.1 Accounting System. Consultant and its subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate expenditures by line item for the Services. The accounting system of Consultant and its subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. 24. Audit Review Procedures. 24.1 Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by Commission’s Chief Financial Officer. 24.2 Not later than 30 days after issuance of the final audit report, Consultant may request a review by Commission’s Chief Financial Officer of unresolved audit issues. The request for review shall be submitted in writing. 24.3 Neither the pendency of a dispute nor its consideration by Commission shall excuse Consultant from full and timely performance, in accordance with the terms of this Agreement. 25. Subcontracting. 25.1 Nothing contained in this Agreement or otherwise, shall create any contractual relation between Commission and any subconsultant(s), and no subcontract DRAFT232 13 17336.00603\32414498.1 shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to Commission for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from Commission’s obligation to make payments to the Consultant. 25.2 Consultant shall perform the Services contemplated with resources available within its own organization and no portion of the Services pertinent to this Agreement shall be subcontracted without written authorization by Commission’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. 25.3 Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by Commission. 25.4 Any subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. 25.5 Any substitution of subconsultant(s) must be approved in writing by Commission’s Contract Administrator prior to the start of work by the subconsultant(s). 25.6 Exhibit “B” may set forth the rates at which each subconsultant shall bill the Consultant for Services and that are subject to reimbursement by the Commission to Consultant. Additional Direct Costs, as defined in Exhibit “B” shall be the same for both the Consultant and all subconsultants, unless otherwise identified in Exhibit “B” or in a Task Order. The subconsultant rate schedules and cost proposals contained herein are for accounting purposes only. 26. Equipment Purchase 26.1 Prior authorization, in writing, by Commission’s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract for supplies, equipment, or services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. 26.2 For purchase of any item, service or consulting work not covered in the Cost Proposal and exceeding $5,000 prior authorization, in writing, by Commission’s Contract Administrator is required. Three competitive quotations must be submitted with the request for such purchase, or the absence of bidding must be adequately justified. 26.3 Any equipment purchased as a result of this Agreement is subject to the following: Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, Commission shall receive a proper refund or credit at the conclusion of this Agreement, or if this Agreement is terminated, Consultant may either keep the DRAFT233 14 17336.00603\32414498.1 equipment and credit Commission in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established Commission procedures; and credit Commission in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by Commission and Consultant. If Consultant determines to sell the equipment, the terms and conditions of such sale must be approved in advance by Commission. 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the Project. 26.4 All subcontracts in excess $25,000 shall contain the above provisions. 27. Labor Code Requirements. 27.1 Prevailing Wages. (a) Consultant shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the Services. (b) Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section. (c) When prevailing wages apply to the Services described in the Scope of Services, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. (d) Copies of the prevailing rate of per diem wages in effect at commencement of this Agreement are on file at the Commission’s offices. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 27.2 DIR Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It DRAFT234 15 17336.00603\32414498.1 shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 27.3 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day’s work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day (“Eight-Hour Law”), unless Consultant or the Services are not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub-consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour Law. 27.4 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub-consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Consultant 28. Ownership of Materials/Confidentiality. 28.1 Documents & Data. This Agreement creates an exclusive and perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all copyrights and designs embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). DRAFT235 16 17336.00603\32414498.1 Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission’s sole risk. 28.2 Intellectual Property. In addition, Commission shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. Commission further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property DRAFT236 17 17336.00603\32414498.1 otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. 28.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Commission's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Commission. 28.4 Infringement Indemnification. Consultant shall defend, indemnify and hold the Commission, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Commission of the Documents & Data, including any method, process, product, or concept specified or depicted. 29. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of Commission’s choosing), indemnify and hold Commission, Caltrans and their directors, officials, officers, employees, consultants, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Commission, Caltrans and their directors, officials, officers, employees, consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Commission, Caltrans or their directors, officials, officers, employees, consultants, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission, Caltrans and their directors, officials, officers, employees, consultants, agents, and/or volunteers, for any and all legal expenses and costs, including reasonable attorney’s fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission, Caltrans, their directors, officials officers, employees, consultants, agents, or volunteers. DRAFT237 18 17336.00603\32414498.1 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. Consultant’s obligations as set forth in this Section shall survive expiration or termination of this Agreement. 30. Insurance. 30.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this Section, in a form and with insurance companies acceptable to the Commission. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this Section. 30.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (a) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (b) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit. Limits may be achieved by any combination of primary and excess or umbrella liability insurance; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Limits may be achieved by any combination of primary and excess or umbrella liability insurance; and (3) Workers’ Compensation and Employer’s DRAFT238 19 17336.00603\32414498.1 Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Practices Liability limits of $1,000,000 per accident. 30.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. For Consultant, such insurance shall be in an amount not less than $1,000,000 per claim. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. Subconsultants of Consultant shall obtain such insurance in an amount not less than $2,000,000 per claim. Notwithstanding the foregoing, the Commission may consider written requests to lower or dispense with the errors and omissions liability insurance requirement contained in this Section for certain subconsultants of Consultant, on a case-by-case basis, depending on the nature and scope of the Services to be provided by the subconsultant. Approval of such request shall be in writing, signed by the Commission’s Contract Administrator. 30.4 Aircraft Liability Insurance. Prior to conducting any Services requiring use of aircraft, Consultant shall procure and maintain, or cause to be procured and maintained, aircraft liability insurance or equivalent form, with a single limit as shall be required by the Commission. Such insurance shall include coverage for owned, hired and non-owned aircraft and passengers, and shall name, or be endorsed to name, the Commission, Caltrans and their directors, officials, officers, employees and agents as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant. 30.5 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: (a) General Liability. (i) Commercial General Liability Insurance must include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Injury; (3) premises/operations liability; (4) products/completed operations liability; (5) aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form property damage; and (9) independent consultants coverage. (ii) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to this Agreement. DRAFT239 20 17336.00603\32414498.1 (iii) The policy shall give the Commission, its directors, officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (iv) The additional insured coverage under the policy shall be “primary and non-contributory” and will not seek contribution from the Commission’s or Caltrans’ insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing the exact same coverage. (b) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the Commission, Caltrans and their directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, Caltrans and their directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, Caltrans and their directors, officials, officers, employees and agents shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (c) Workers’ Compensation and Employers Liability Coverage. (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) The insurer shall agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (d) All Coverages. (i) Defense costs shall be payable in addition to the limits set forth hereunder. (ii) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth herein shall be available to the Commission, Caltrans and their directors, officials, officers, employees and agents as additional insureds under said policies. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this DRAFT240 21 17336.00603\32414498.1 Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (iii) The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the Commission (if agreed to in a written contract or agreement) before the Commission’s own insurance or self-insurance shall be called upon to protect it as a named insured. The umbrella/excess policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying policy(ies). (iv) Consultant shall provide the Commission at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the Commission at least ten (10) days prior to the effective date of cancellation or expiration. (v) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (vi) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Commission, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (vii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Commission has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Commission will be promptly reimbursed by Consultant or Commission will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Commission may cancel this Agreement. The Commission may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (viii) Neither the Commission nor any of its directors, officials, officers, employees or agents shall be personally responsible for any liability arising under or by virtue of this Agreement. DRAFT241 22 17336.00603\32414498.1 30.6 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self-insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expense. 30.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the Commission. 30.8 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 30.9 Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the Commission that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the Commission as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, the Commission may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 30.10 Other Insurance. At its option, the Commission may require such additional coverage(s), limits and/or the reduction of deductibles or retentions it considers reasonable and prudent based upon risk factors that may directly or indirectly impact the Project. In retaining this option Commission does not warrant Consultant’s insurance program to be adequate. Consultant shall have the right to purchase insurance in addition to the insurance required in this Section. 31. Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, DRAFT242 23 17336.00603\32414498.1 trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Pursuant to the authority contained in Section 591 of the Vehicle Code, the Commission has determined that the Project will contain areas that are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. 32. Additional Work. Any work or activities that are in addition to, or otherwise outside of, the Services to be performed pursuant to this Agreement shall only be performed pursuant to a separate agreement between the parties. Notwithstanding the foregoing, the Commission’s Executive Director may make a change to the Agreement, other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a change which is “outside the scope” of the Agreement; in other words, work which should not be regarded as having been fairly and reasonably within the contemplation of the parties when the Agreement was entered into. An example of a change which is not a Cardinal Change would be where, in a contract to construct a building there are many changes in the materials used, but the size and layout of the building remains the same. Cardinal Changes are not within the authority of this provision to order, and shall be processed by the Commission as “sole source” procurements according to applicable law, including the requirements of FTA Circular 4220.1D, paragraph 9(f). (a) In addition to the changes authorized above, a modification which is signed by Consultant and the Commission’s Executive Director, other than a Cardinal Change, may be made in order to: (1) make a negotiated equitable adjustment to the Agreement price, delivery schedule and other terms resulting from the issuance of a Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of the parties modifying the terms of this Agreement (“Bilateral Contract Modification”). (b) Consultant shall not perform, nor be compensated for any change, without written authorization from the Commission’s Executive Director as set forth herein. In the event such a change authorization is not issued and signed by the Commission’s Executive Director, Consultant shall not provide such change. 33. Prohibited Interests. 33.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this DRAFT243 24 17336.00603\32414498.1 Agreement. For breach or violation of this warranty, the Commission shall have the right to rescind this Agreement without liability. 33.2 Consultant Conflict of Interest (a) Consultant shall disclose any financial, business, or other relationship with Commission that may have an impact upon the outcome of this Agreement, or any ensuing Commission construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing Commission construction project, which will follow. (b) Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. (c) Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article. (d) Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise. (e) Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. 33.3 Commission Conflict of Interest. For the term of this Agreement, no member, officer or employee of the Commission, during the term of his or her service with the Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 33.4 Conflict of Employment. Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon the Consultant securing this or related Agreements with the Commission, is prohibited. 33.5 Covenant Against Contingent Fees. As required in connection with federal funding, the Consultant warrants that he/she has not employed or retained any DRAFT244 25 17336.00603\32414498.1 company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Commission shall have the right to terminate this Agreement without liability pursuant to the terms herein, or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 33.6 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any Commission employee. For breach or violation of this warranty, Commission shall have the right in its discretion; to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the Agreement price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 33.7 Covenant Against Expenditure of Commission, State or Federal Funds for Lobbying. The Consultant certifies that to the best of his/ her knowledge and belief no state, federal or local agency appropriated funds have been paid, or will be paid by or on behalf of the Consultant to any person for the purpose of influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the award of any state or federal contract, grant, loan, or cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. (a) Intentionally omitted. (b) The Consultant's certification provided in this Section is a material representation of fact upon which reliance was placed when this Agreement was entered into, and is a prerequisite for entering into this Agreement pursuant to Section 1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the disclosure and certification requirements set forth in Section 1352, Title 31, US. Code may result in a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (c) The Consultant also agrees by signing this Agreement that he/she shall require that the language set forth in this Section be included in all Consultant subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. 33.8 Employment Adverse to the Commission. Consultant shall notify the Commission, and shall obtain the Commission’s written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against the Commission during the term of this Agreement. DRAFT245 26 17336.00603\32414498.1 34. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 35. Right to Employ Other Consultants. Commission reserves the right to employ other consultants in connection with the Project. 36. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 37. Disputes; Attorneys' Fees. 37.1 Prior to commencing any action hereunder, the Parties shall attempt in good faith to resolve any dispute arising between them. The pendency of a dispute shall not excuse Consultant from full and timely performance of the Services. 37.2. If the Parties are unable to resolve a dispute after attempting in good faith to do so, the Parties may seek any other available remedy to resolve the dispute. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and, all other costs of such actions. 38. Time of Essence. Time is of the essence for each and every provision of this Agreement. 39. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 40. Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: COMMISSION: Stantec Consulting Services Inc. Riverside County 475 Fifth Avenue Transportation Commission 12th Floor 4080 Lemon Street, 3rd Floor New York, NY 10017 Riverside, CA 92501 Attn: Sheldon Mar Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. mail, first class postage prepaid, and addressed to the DRAFT246 27 17336.00603\32414498.1 Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 41. Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 42. Amendment or Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 43. Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. 44. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 45. Intentionally Omitted. 46. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, shall survive any such expiration or termination. 47. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 48. Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 49. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 50. Attorney Client Privilege. The Parties recognize that, during the Project, the Commission and its attorneys will engage in communication that gives rise to an attorney client privilege of confidentiality (“Confidential Communication”). Given the nature of the work done by Consultant for the Commission, it may be necessary for the Consultant to participate in Confidential Communications. To the extent that (i) the Consultant is a party to any Confidential Communication, and (ii) a third party seeks discovery of such communications, then the Consultant shall be deemed to be an agent of the Commission solely for purposes of preserving any attorney client privilege in the relevant Confidential Communication. Any such attorney client privilege shall be held by the Commission and DRAFT247 28 17336.00603\32414498.1 the Consultant is not authorized to waive that privilege or, otherwise, disclose such Confidential Communication except as set forth below. This Section is intended to maintain the privilege in any privileged Confidential Communications that are (1) between and among Commission, Consultant, and Commission’s attorneys; (2) between Consultant (on behalf of the Commission) and Commission’s attorneys; (3) Confidential Communications that occur in Closed Session meetings wherein the Commission, the Commission’s attorneys and Consultant are present; and (4) between Commission and Consultant wherein the substance of the Confidential Communication is conveyed to/from the Consultant. Consultant may disclose a Confidential Communication to the extent such disclosure is required by legal process, by a court of competent jurisdiction or by any other governmental authority, provided that any such disclosure shall be limited to the specific part of the Confidential Communication required to be disclosed and provided that Consultant first comply with the requirements set forth in this paragraph. As soon as practicable after Consultant becomes aware that it is required, or may become required, to disclose the Confidential Communication for such reason, Consultant shall notify the Commission in writing, in order to allow the Commission to pursue legal remedies designed to limit the Confidential Communication required to be disclosed or to assure the confidential treatment of the disclosed information following its disclosure. Consultant shall cooperate with the Commission, on a reimbursable basis, to assist the Commission in limiting the scope of disclosure or assuring the confidential treatment of any disclosed information. 51. Subpoenas or Court Orders. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 52. Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein, without the prior written consent of the Commission. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 53. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by Consultant without the prior written consent of Commission. 54. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 55. No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any DRAFT248 29 17336.00603\32414498.1 rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 56. Electronic Delivery of Agreement. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. [Signatures on following page]DRAFT249 30 17336.00603\32414498.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL TRAFFIC AND REVENUE CONSULTING SERVICES IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Anne Mayer, Executive Director Approved as to Form: By: Best, Best & Krieger LLP General Counsel STANTEC CONSULTING SERVICES INC. By: Signature Name Title ATTEST: By: Its: ___________________________ * A corporation requires the signatures of two corporate officers. One signature shall be that of the chairman of board, the president or any vice president and the second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation. If the above persons are not the intended signators, evidence of signature authority shall be provided to RCTC. DRAFT250 Exhibit A 17336.00603\32414498.1 EXHIBIT "A" SCOPE OF SERVICES [ATTACHED BEHIND THIS PAGE]DRAFT251 EXHIBIT A - 1 SCOPE OF SERVICES ON-CALL TRAFFIC AND REVENUE CONSULTING SERVICES 1. GENERAL INFORMATION 1.1. Background The RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Commission) is requesting Statements of Qualifications (SOQ) from qualified professionals for on-call Traffic and Revenue consulting services. The Commission intends to contract with qualified consulting firms to provide comprehensive, on-call consulting services for Commission toll projects. On- call traffic and revenue services will be in support of planned or in-progress Commission projects, operating Commission toll facilities, and technical support for the toll program. 2. DESCRIPTION OF WORK Consultant tasks may include, but not be limited to, the following typical tasks. Specific requirements will be set forth in each task for each Task Order: 2.1. Project Management The Consultant will support the Commission with coordination and supervision of project staff to facilitate the performance in accordance with this scope of work and RCTC requirements. The Project management effort is to include but not be limited to, the coordination/preparation/documentation of project meetings, development/maintenance of a project schedule, preparation of monthly invoicing, maintenance of project records, development/administration of a quality control plan and coordination of submittals and final deliverables. 2.2. Traffic and Revenue Studies The Consultant shall support the Commission with the development of different levels of traffic and revenue studies depending on the need for a particular express lanes project. The following is a description of the potential tasks that may be issued with a specific task order for this discipline:  Level 1 Traffic and Revenue Study (sketch) that evaluates potential traffic demand and growth with implementation of express lanes and provides revenue estimates for a given amount of time.  Level 2 Traffic and Revenue Study (Intermediate) that further refines traffic forecast, operations, and revenue estimates in that it can be used to support express lane planning, design, and provide a basis for a funding or financing plan. The effort associated with this type of study may require additional data collection for traffic forecasting and economic development assumptions. In addition, stated preference surveys may be required. DRAFT252 EXHIBIT A - 2  Level 3 Traffic and Revenue Study (Investment Grade) that provides a robust and thorough evaluation of traffic forecasts, operation, and expected revenue from implementation of express lanes. A level 3 Traffic and Revenue study will be used as a mechanism to support the issuance of bonds for future express lanes projects. This study may be built on a existing level 2 study and may include verification of traffic data, modeling assumptions and revenue estimates. Additional stated preference surveys may be needed to verify the assumptions made in the modeling for the future express lanes projects. Additional counts and scenario analyses maybe necessary to make the level 3 Traffic and Revenue Study current and to support bond issuance activities. 2.3. Technical Support and Miscellaneous Studies For future projects and existing facilities, the Consultant will provide technical support as it relates to reviewing traffic and revenue activities and documents. As part of a given task order, the Consultant may review or develop studies related to simulation, travel modeling, financial analysis, operational analysis, and planning services to support pricing policies and design adjustments of tolled facilities, corridors, or systems. In addition, various questions and requests from Commissioners as it relates to an existing or future toll policy may need to be evaluated. Under this task, the Consultant may do any of the following activities:  Review and verify traffic and revenue Studies from other Consultants or other agencies;  Conduct data compilation, field data collection, and analysis;  Conduct land use and socio-economic research;  Conduct Stated Preference surveys;  Toll optimization evaluation through analysis of pricing strategies, toll rate adjustments, Monte-Carlo simulation analysis, and other financial modeling techniques to determine optimal toll solutions, based on revenue or throughput;  Evaluate the traffic and revenue impacts of addition/deletion of project features or proposed projects within the express lanes corridor or network;  Provide net toll revenue analyses of proposed express lanes corridors;  Sensitivity analyses that evaluates impacts to revenue and traffic from different assumptions from a socio-economic perspective, horizon years, anticipated projects, and other factors that can impact proposed and existing express lanes;  Forecasting of traffic performance for existing facilities and future projects  Express lane network traffic modeling for potential new express lanes corridors;  Market share analyses for preliminary testing of alternative toll concepts and operational policies;  Develop traffic and revenue modeling and evaluate impacts from emerging mobility technologies;  Evaluate multi-modal feasibility from a traffic and revenue perspective; DRAFT253 EXHIBIT A - 3  Provide technical support and present to Commission legal counsel, other consultants, Caltrans, Federal Highway Administration, financial institutions or rating agencies regarding traffic and revenue studies;  Develop and execute presentations and trainings for various audiences;  And complete relevant tasks related to traffic and revenue analyses of highway corridors and other mobility options. 2.4. Materials to be Furnished by Commission All software, data, reports, surveys, drawings, and other documents furnished to the Offeror by Commission for the Offeror’s use in the performance of services shall be made available only for use in performing the assignment and shall remain the property of Commission. All such materials shall be returned to Commission upon completion of services, termination of the agreement, or other such time as Commission may determine. 2.5. Personnel Qualifications and Responsibilities The quantity and qualifications of personnel to be assigned will be determined by the scope of the Task Order request and the degree of difficulty of the required tasks to be performed. All personnel and personnel assignments shall be subject to approval by Commission. 2.6. Third Party Relationships This Contract is intended to provide on-call traffic and revenue consulting services for Commission projects, facilities, and purposes. The Commission works closely with various professional offerors, agencies, and others in the development of its projects and facilities. The Commission, however, is solely responsible for and will be the sole point of contact for all contractual matters related to the Task Orders. Offeror shall take direction only from Commission and shall regularly inform only Commission of Task Order progress, outstanding issues, and all related matters. During the course of the Contract, Offeror may find occasion to meet with local, state, and federal representatives, consultants, advisors, legal counsel, or other third parties who have assisted with the various RCTC projects. These entities may, from time to time, offer suggestions and/or recommendations regarding the Commission project or elements of the project. While the Commission enjoys a close relationship with and has considerable confidence in the capabilities of these other parties, Offeror shall not act on any suggestions, solicited or unsolicited, without obtaining specific direction from Commission. All oral and written communication with outside agencies or Offerors related to the project shall be directed only to Commission. Distribution of project related communications and information shall be at the sole discretion of Commission representatives. DRAFT254 EXHIBIT A - 4 3. Task Order PROCEDURES 3.1. Definitions The term Consultant shall refer to the firm or firms that are awarded the contract for environmental consulting services. A Task Order is utilized by the parties to establish, outline, and authorize a particular job or task. 3.2. Initiating Task Orders The Commission’s project manager will issue Task Orders to the Consultant. The Commission’s request for task order submittals. Upon a request for a Task Order Proposal by the designated Commission project manager, Consultant shall develop a plan and submit a task order proposal for the requested services. The Task Order shall include a time schedule, number of labor hours, and labor classification(s) to provide the requested services. 3.3. Review and Award of Task Orders The Commission’s designated project manager will review the submitted Task Order (to ensure that the submittal is complete, consistent with the Commission’s written or oral request for services, the personnel assigned are acceptable, the schedule is acceptable, that all costs proposed are appropriate, and that the item is in compliance with contractual requirements. The project manager will award the Task Order if it is determined to be fair and reasonable. If required, the Commission’s project manager will conduct negotiations to address exceptions and clarify costs. The fully executed Task Order will serve as the record of negotiations. 3.4. Completion Schedule The Consultant’s performance of services shall commence under each Task Order only upon written authorization by the Commission’s designated project manager. Consultant shall complete the services within the time frame specified on a particular Task Order. DRAFT255 Exhibit B 17336.00603\32414498.1 EXHIBIT "B" COMPENSATION AND PAYMENT [ATTACHED BEHIND THIS PAGE] DRAFT256 FISCAL YEAR PROJECT COST FY 2019/20 Traffic & Revenue Study Services 450,000.00$ FY 2020/21 Traffic & Revenue Study Services 350,000.00 FY 2021/22 Traffic & Revenue Study Services 800,000.00 FY 2022/23 Traffic & Revenue Study Services 1,500,000.00 FY 2023/25 Traffic & Revenue Study Services 600,000.00 FY 2025/26 Traffic & Revenue Study Services 200,000.00 3,900,000.00 3,900,000.00$ EXHIBIT "B" COMPENSATION SUMMARY1 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. SUBTOTAL TOTAL COSTS EXHIBIT B - 1DRAFT257 ON-CALL TRAFFIC AND REVENUE STUDY SERVICES Toll Policy and Operations Committee Meeting February 27, 2020 Stephanie Blanco, Capital Projects Manager (Toll) 1 2 Project Background 3 2006 –Present Completed and Current Traffic and Revenue Services: •Feasibility Analysis -State Route 91 (SR-91) and Interstate 15 (I-15) Express Lanes Projects: –Financing Project Development and Construction –Operations/Maintenance Costs Through Toll Revenue Bonds –Transportation Infrastructure Finance and Innovation Act (TIFIA) loans •Impact Analysis to SR-91 and I-15 Express Lanes : –SR-91 Corridor Operations Project –I-15/SR-91 Express Lanes Connector –Toll Policies Need for On-Call Contract 4 •Development of the I-15 Express Lanes Project Southern Extension •Express and Toll lanes being developed by adjacent agencies •Potential toll policy changes •Ability to utilize a pool of consultants based on need and expertise –T&R Consultants with a variety of expertise –Availability •Scope of work for task orders will reflect these items Schedule and Cost 5 •5-Year On-Call Contract •Summary of Estimated Costs Activity Estimated Cost Traffic and Revenue Study –Intermediate (I-15 ELPSE) $600,000 Traffic and Revenue Study –Final (I-15 ELPSE)$1,500,000 Peer Reviews $1,000,000 Various Technical Studies (Technology and Toll Policy Changes) $800,000 Sub-Total $3,900,000 5% Contingency $195,000 Total $4,095,000 Procurement Summary 6 November 14, 2019 –Release Request for Qualifications December 11, 2019 –Proposals due Four Responsive firms January 22, 2020 –Consultant Interviews C&M Associates, Inc., CDM Smith, Inc., and Stantec Consulting Services, Inc. March 11, 2020 : On-Call Contract Approval C&M Associates, Inc., CDM Smith, Inc., and Stantec Consulting Services, Inc. May-June 2020 Issue first Task Order Staff Recommendations 7 •Award the following agreements to provide on-call traffic and revenue study services for a five-year term in an amount not to exceed an aggregate value of $4,095,000: –Agreement No.20-31-019-00 to C&M Associates,Inc.; –Agreement No.20-31-051-00 to CDM Smith,Inc.; –Agreement No.20-31-052-00 to Stantec Consulting Services,Inc.; •Authorize the Chair or Executive Director,pursuant to legal counsel review, to execute the agreements on behalf of the Commission;and •Authorize the Executive Director,or designee,to execute task orders awarded to the consultants under the terms of agreements. Staff Recommendations 8 •Authorize the Executive Director,or designee,to approve contingency work as may be required for the Project;and •Forward to the Commission for final action. QUESTIONS 9 RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO: Riverside County Transportation Commission FROM: Lisa Mobley, Clerk of the Board DATE: February 18, 2020 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. 11- Agreement with Selected Consultants for On -Call Traffic and Revenue Study Services Consultant(s): C&M Associates, Inc. Shahram Bohluli, PhD, PE, Vice President 15770 North Dallas Parkway, Suite 870 Dallas, TX 75248 CDM Smith Inc. Christopher Mwalwanda, Vice President 9220 Cleveland Avenue, Unit 100 Rancho Cucamonga, CA 91730 Stantec Consulting Services Inc. Steven Abendschein, PE, Senior Principal 475 Fifth Avenue, 12th Floor New York NY 10017 Tara Byerly From: Tara Byerly Sent: Wednesday, February 19, 2020 7:24 AM To: Tara Byerly Cc: Lisa Mobley Subject: RE: "UPDATE" RCTC: Toll Policy and Operations Committee Agenda - February 27, 2020 Good morning Committee Members: I apologize, as I did include the information for conflict of interests, which I'm attaching below: Conflict of Conflict of Interest Form.pdf Interest Memo.p... Please let me know if there are any questions or concerns. Thank you. Respectfully, Tara RCTC From: Tara Byerly Sent: Wednesday, February 19, 2020 7:08 AM To: Tara Byerly <TByerly@rctc.org> Cc: Anne Mayer <AMayer@RCTC.org>; Lisa Mobley <LMobley@RCTC.org>; John Standiford <JSTANDIFORD@RCTC.org> Subject: RCTC: Toll Policy and Operations Committee Agenda - February 27, 2020 Good morning Committee Members: Attached is the link to the Toll Policy and Operations Committee Agenda for the meeting scheduled @ 11:00 a.m. on Thursday, February 27 on the Third Floor in the March Field Conference Room. https://www.rctc.org/wp-content/uploads/2020/02/February-TPOC-Agenda.pdf Please let me know if you have any questions. Thank you. Respectfully, « OLE Object: Picture (Device Independent Bitmap) » 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 « OLE « OLE « OLE « OLE Object: Object: Object: Object: Picture Picture Picture Picture i Tara Byerly From: Tara Byerly Sent: Wednesday, February 19, 2020 7:08 AM To: Tara Byerly Cc: Anne Mayer; Lisa Mobley; John Standiford Subject: RCTC: Toll Policy and Operations Committee Agenda - February 27, 2020 Good morning Committee Members: Attached is the link to the Toll Policy and Operations Committee Agenda for the meeting scheduled @ 11:00 a.m. on Thursday, February 27 on the Third Floor in the March Field Conference Room. https://www.rctc.org/wp-content/uploads/2020/02/February-TPOC-Agenda.pdf Please let me know if you have any questions. 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.org f If in O i RIVERSIDE COUNTY TRANSPORTATION COMMISSION TOLL POLICY AND OPERATIONS COMMITTEE ROLL CALL FEBRUARY 27, 2020 Present Absent City of Beaumont X 0 City of Calimesa 0 g City of Eastvale ti 4„ a '_ top' y 2' 0 City of Indian Wells 0 171/ City of Jurupa Valley 171 0 City of Perris Zi 0 City of Wildomar 2' 0 RIVERSIDE COUNTY TRANSPORTATION COMMISSION TOLL POLICY AND OPERATIONS COMMITTEE SIGN -IN SHEET FEBRUARY 27, 2020 NAME AGENCY E_MAIL ADDRESS r 1 gel eel�'Cs1B�, rc) �° q (A?//e ,=__ y A /�CJ(f/. - ru.,�i,7-- /u / , _/-i�v�� G'� �o� oL ww/ _ //V /%/ e-44-e Al (/ % 04-441 -s' PG'YLet.' 5 o b 12)06V ,--17.92-L