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03 March 11, 2020 CommissionRIVERSIDE COUNTY TRANSPORTATION COMMISSION MEETING AGENDA TIME/DATE: 9:30 a.m. / Wednesday, March 11, 2020 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside COMMISSIONERS Chair — Ben J. Benoit Vice Chair — Jan Harnik Second Vice Chair — V. Manuel Perez Kevin Jeffries, County of Riverside, District 1 Karen Spiegel, County of Riverside, District 2 Chuck Washington, County of Riverside, District 3 V. Manuel Perez, County of Riverside, District 4 Jeff Hewitt, County of Riverside, District 5 Art Welch / Daniela Andrade, City of Banning Lloyd White / Julio Martinez, City of Beaumont Joseph DeConinck / Johnny Rodriguez, City of Blythe Larry Smith / Linda Molina, City of Calimesa Randall Bonner / Jeremy Smith, City of Canyon Lake Raymond Gregory / Mark Carnevale, City of Cathedral City Steven Hernandez / Megan Beaman Jacinto, City of Coachella Wes Speake / Jim Steiner, City of Corona Scott Matas / Russell Betts, City of Desert Hot Springs Clint Lorimore / Todd Rigby, City of Eastvale Linda Krupa / Russ Brown, City of Hemet Dana Reed / Kimberly Muzik, City of Indian Wells Waymond Fermon / Oscar Ortiz, City of Indio Brian Berkson / Chris Barajas, City ofJurupa Valley Kathleen Fitzpatrick / Robert Radi, City of La Quinta Bob Magee / Natasha Johnson, City of Lake Elsinore Bill Zimmerman / Dean Deines, City of Menifee Yxstain Gutierrez / Carla Thornton, City of Moreno Valley Scott Vinton / Christi White, City of Murrieta Berwin Hanna / Ted Hoffman, City of Norco Jan Harnik / Kathleen Kelly, City of Palm Desert Lisa Middleton / Dennis Woods, City of Palm Springs Michael M. Vargas / Rita Rogers, City of Perris Ted Weill / Charles Townsend, City of Rancho Mirage Rusty Bailey / Andy Melendrez, City of Riverside Andrew Kotyuk / Russ Utz, City of San Jacinto Michael 5. Naggar / Maryann Edwards, City of Temecula Ben J. Benoit / Joseph Morabito, City of Wildomar Mike Beauchamp, Governor's Appointee Caltrans District 8 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. RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org MEETING AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, March 11, 2020 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside, CA In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is needed to participate in a Commission meeting, including accessibility and translation services. Assistance is provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements can be made to provide assistance at the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS — Each individual speaker is limited to speak three (3) continuous minutes or less. The Commission may, either at the direction of the Chair or by majority vote of the Commission, waive this three -minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Also, the Commission may terminate public comments if such comments become repetitious. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Under the Brown Act, the Commission should not take action on or discuss matters raised during public comment portion of the agenda that are not listed on the agenda. Commission members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. 5. ADDITIONS / REVISIONS — The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item Riverside County Transportation Commission Meeting Agenda March 11, 2020 Page 2 to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda. 6. APPROVAL OF MINUTES — JANUARY 8 AND 31 AND JANUARY 30-31, 2020 WORKSHOP 7. CONSENT CALENDAR —All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 7A. QUARTERLY SALES TAX ANALYSIS Page 1 Overview This item is for the Commission to receive and file the sales tax analysis for Quarter 2, 2019. 7B. SINGLE SIGNATURE AUTHORITY REPORT Page 10 Overview This item is for the Commission to receive and file the Single Signature Authority report for the second quarter ended December 31, 2019. 7C. AGREEMENT WITH EIDE BAILLY FOR AUDIT SERVICES Overview This item is for the Commission to: Page 12 1) Award Agreement No. 20-19-021-00 to Eide Bailly LLP (Fide Bailly) for audit services for a three-year term, with three one-year options to extend the agreement, for $1,461,198, plus a contingency in the amount of $138,802, for a total amount not to exceed $1.6 million; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreement, including options years, on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for these audit services. Riverside County Transportation Commission Meeting Agenda March 11, 2020 Page 3 7D. FISCAL YEAR 2019/20 MID -YEAR BUDGET ADJUSTMENTS Page 44 Overview This item is for the Commission to approve Fiscal Year 2019/20 mid -year budget adjustments for a net increase of $22,041,000 and $21,506,000 in revenues and expenditures/expenses, respectively. 7E. PROPOSED POLICY GOALS AND OBJECTIVES FOR FISCAL YEAR 2020/21 BUDGET Page 47 Overview This item is for the Commission to: 1) Review and approve the proposed Commission Policy Goals and Objectives for the Fiscal Year 2020/21 Budget; and 2) Review and approve the Fiscal Accountability Policies for the FY 2020/21 Budget. 7F. STATE AND FEDERAL LEGISLATIVE UPDATE Page 54 Overview This item is for the Commission to receive and file an update on state and federal legislation. 7G. RIVERSIDE COUNTY 2020 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM FINANCIAL RESOLUTION Page 58 Overview This item is for the Commission to approve Resolution No. 20-002, "Resolution of the Riverside County Transportation Commission Certifying Riverside County Has Resources to Fund Projects in the Federal Fiscal Years 2020/21 Through 2025/26 Transportation Improvement Program and Affirming Commitment to Implement All Projects in the Program". 7H. 91 EXPRESS LANES MONTHLY STATUS REPORTS Page 65 Overview This item is for the Commission to receive and file the 91 Express Lanes Monthly Reports for the six months from July to December 2019. Riverside County Transportation Commission Meeting Agenda March 11, 2020 Page 4 71. CALTRANS MAINTENANCE AMENDMENT FOR RCTC 91 EXPRESS LANES AND 15 EXPRESS LANES Overview This item is for the Commission to: Page 66 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; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreement on behalf of the Commission. 7J. AGREEMENT WITH SELECTED CONSULTANTS FOR ON -CALL TRAFFIC AND REVENUE STUDY SERVICES Overview This item is for the Commission to: Page 76 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; and 4) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the task order services. 7K. QUARTERLY PUBLIC ENGAGEMENT METRICS REPORT, OCTOBER-DECEMBER 2019 Page 192 Overview This item is for the Commission to receive and file the Quarterly Public Engagement Metrics Report for October — December 2019. Riverside County Transportation Commission Meeting Agenda March 11, 2020 Page 5 7L. AMENDMENT TO AGREEMENT WITH T.Y. LIN INTERNATIONAL FOR FINAL DESIGN SERVICES RELATED TO THE MID COUNTY PARKWAY INTERSTATE 215/PLACENTIA AVENUE INTERCHANGE IMPROVEMENT PROJECT AND AGREEMENT FOR CONSTRUCTION ZONE ENFORCEMENT ENHANCEMENT PROGRAM SERVICES FOR THE PROJECT Page 198 Overview This item is for the Commission to: 1) Approve Agreement No. 16-31-066-04, Amendment No. 4 to Agreement No. 16-31-066-00, with T.Y. Lin International (T.Y. Lin) to complete final design services and prepare the Interstate 215/Placentia Avenue interchange improvement (I-215/Placentia Avenue) project for advertising and award, in the amount of $386,663, plus a contingency amount of $38,666, for an additional amount of $425,329, and a total amount not to exceed $5,171,185; 2) Approve Agreement No. 20-31-051-00 with the California Highway Patrol (CHP) for Construction Zone Enforcement Enhancement Program (COZEEP) services in an amount not to exceed $279,900; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreements on behalf of the Commission; and 4) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the project. 7M. AMENDMENT TO AGREEMENT FOR CALIFORNIA HIGHWAY PATROL CONSTRUCTION ZONE ENHANCEMENT ENFORCEMENT PROGRAM SERVICES DURING THE CONSTRUCTION OF THE STATE ROUTE 60 TRUCK LANES PROJECT Page 218 Overview This item is for the Commission to: 1) Approve Agreement No. 19-31-038-01, Amendment No. 1 to Agreement No. 19-31-038-00, with the California Highway Patrol (CHP) for Construction Zone Enhanced Enforcement Program (COZEEP) services during the construction of the State Route 60 Truck Lanes project (Project) in the amount of $350,000, plus a contingency amount of $100,000, for an additional amount of $450,000, and a total amount not to exceed $1,490,070; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director, or designee, to approve contingency work as may be required for the agreement. Riverside County Transportation Commission Meeting Agenda March 11, 2020 Page 6 8. REFINANCING OF 91 EXPRESS LANES TOLL DEBT Overview This item is for the Commission to: Page 223 1) Receive and file the presentation regarding the refinancing of the Commission's Toll Revenue Senior Lien Bonds, 2013 Series A (2013A Bonds) and 2013 Transportation Infrastructure Financing and Innovation Act (TIFIA) Loan (2013 TIFIA Loan) related to the State Route 91 Corridor Improvement Project (91 Project) with the issuance of taxable and tax-exempt senior lien and second lien toll revenue refunding bonds (2020 Refunding Toll Bonds); 2) Approve the refinancing plan to refund all or a portion of the 2013A Bonds, currently outstanding in the amount of $123.8 million, and prepay all or a portion of the 2013 TIFIA Loan, currently outstanding in the amount of approximately $481 million; 3) Adopt Resolution No. 20-001, "Resolution Authorizing the Issuance and Sale of Not to Exceed $725,000,000 Aggregate Principal Amount of Riverside County Transportation Commission Toll Revenue Refunding Bonds in One or More Series, the Refunding of Outstanding Bonds, the Execution and Delivery of One or More Supplemental Indentures, One or More Purchase Contracts, One or More Official Statements, One or More Continuing Disclosure Agreements and One or More Escrow Agreements, the Adoption of a Restated Debt Management Policy, and the Taking of All Other Actions Necessary in Connection Therewith"; 4) Approve the proposed form of the Preliminary Official Statement for the issuance of not to exceed $725 million in 2020 Refunding Toll Bonds and authorize the Executive Director to approve and execute the printing and distribution of the final form of the Official Statement; 5) Approve the proposed form of the Continuing Disclosure Agreement related to the 2020 Refunding Toll Bonds, by and between the Riverside County Transportation Commission and Digital Assurance Certification, L.L.C., as dissemination agent, and authorize the Executive Director to approve and execute the final form of the Continuing Disclosure Agreement; 6) Approve the proposed forms of the Third Supplemental Indenture and Fourth Supplemental Indenture for the 2020 Refunding Toll Bonds, each by and between the Riverside County Transportation Commission and U.S. Bank National Association (US Bank), as Trustee, and authorize the Executive Director to approve and execute the final forms of the Third Supplemental Indenture and Fourth Supplemental Indenture; 7) Approve the proposed form of the Bond Purchase Agreement(s), also referred to as Purchase Contract(s), between the Riverside County Transportation Commission and Bank of America Securities, Inc. (BofA), as Underwriter Representative acting on behalf of itself and Goldman, Sachs & Co. (Goldman), Wells Fargo Securities (Wells Fargo), J.P. Morgan (JPM), and Siebert Cisneros Shank & Co., LLC (Siebert), (collectively the Underwriters), for the 2020 Refunding Toll Bonds and authorize the Chief Financial Officer to approve and execute the final form of the Bond Purchase Agreement; Riverside County Transportation Commission Meeting Agenda March 11, 2020 Page 7 8) Approve the proposed form of the Escrow Agreement, by and between the Commission and US Bank, as Escrow Agent, and authorize the Executive Director to approve and execute the final Escrow Agreement; 9) Approve the estimated costs of issuance, including estimated underwriter's discount, of $3,723,592 to be paid from the proceeds of the 2020 Refunding Toll Bonds; 10) Approve Agreement No. 05-19-510-17, Amendment No. 17 to Agreement No. 05-19-510-00, with Orrick, Herrington, & Sutcliffe LLP (Orrick) for bond counsel services related to the issuance of the 2020 Refunding Toll Bonds for an additional amount of $325,000 and a total amount not to exceed $3,330,000; 11) Approve Agreement No. 09-19-072-15, Amendment No. 15 to Agreement No. 09-19-072-00, with Norton Rose Fulbright US LLP (Norton Rose) for disclosure counsel services related to the issuance of the 2020 Refunding Toll Bonds for an additional amount of $155,000 and a total amount not to exceed $1,022,600; and 12) Approve adjustments to the Fiscal Year 2019/20 budget in the amounts of $665,392,399 to increase sources related to the issuance of the 2020 Refunding Toll Bonds and $631,270,196 to increase uses related to the use of the proceeds of the 2020 Refunding Toll Bonds. 9. AWARD OF INTERSTATE 15/RAILROAD CANYON ROAD INTERCHANGE PROJECT CONSTRUCTION AGREEMENT TO RIVERSIDE CONSTRUCTION COMPANY Overview This item is for the Commission to: Page 234 1) Award Agreement No. 20-31-034-00 to Riverside Construction Company to construct the Interstate 15/Railroad Canyon Road Interchange Project (Project), in the amount of $27,698,589, plus a contingency amount of $2,769,859, for potential change orders and supplemental work in the amount of $910,000 during construction, for a total amount not to exceed $31,378,448; 2) Approve Agreement No. 20-31-046-00 with the Pechanga Band of Luiseno Indians (Pechanga) for an amount not to exceed $100,000 for Native American monitoring services during construction of the Project; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreements on behalf of the Commission; and 4) Authorize the Executive Director, or designee, to approve contingency work as may be required for the Project. Riverside County Transportation Commission Meeting Agenda March 11, 2020 Page 8 10. AWARD OF: (1) DESIGN -BUILD CONTRACT; AND (2) AMENDMENT TO PROJECT AND CONSTRUCTION MANAGEMENT SERVICES AGREEMENT FOR THE INTERSTATE 15/STATE ROUTE 91 EXPRESS LANES CONNECTOR PROJECT Page 259 Overview This item is for the Commission to: 1) Award Agreement No. 19-31-074-00 to Myers -Rados, a Joint Venture (Myers -Rados JV) as the design -build contractor to design and construct the Interstate 15/State Route 91 Express Lanes Connector project (15/91 ELC) in the amount of $164,840,000, plus a contingency amount of $10,487,000, for a total amount not to exceed $175,327,000; 2) Approve Agreement No. 15-31-001-07, Amendment No. 7 to Agreement No. 15-31-001-00, with Parsons Transportation Group (Parsons) to provide project and construction management services for the proposed 15/91 ELC in the amount of $14,825,000, plus a contingency amount of $1,482,000, for a total amount not to exceed $16,307,000, and extend the term to June 30, 2024; 3) Authorize the Chair or the Executive Director, pursuant to legal counsel review, to finalize and execute the agreements on behalf of the Commission; and 4) Authorize the Executive Director or designee to approve contingency work up to the total amounts as required for the project. 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 12. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. 13. CLOSED SESSION 13A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Agency Negotiator: Executive Director or Designee Item APN(s) Property Owner Buyer(s) 1 229-082-010 and 229-082-003 RCTC JJ Realty 401K Trust and DH Realty Investments 2 117-122-001 and 117-112-002 RCTC AD Heavy Equipment Rental 3 117-121-003, 117-121-008, and 117-112-009 RCTC AD Heavy Equipment Rental Riverside County Transportation Commission Meeting Agenda March 11, 2020 Page 9 14. ADJOURNMENT The next meeting of the Commission is scheduled to be held on Wednesday, April 8, 2020, Board Room, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. AGENDA ITEM 6 MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEETING MINUTES Wednesday, January 8, 2020 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Ben J. Benoit at 9:33 a.m. in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. 2. ROLL CALL Commissioners/Alternates Present Rusty Bailey Ben J. Benoit Randall Bonner Joseph DeConinck Jamal Elsaleh Waymond Fermon Kathleen Fitzpatrick Raymond Gregory Berwin Hanna Jan Harnik Steven Hernandez Jeff Hewitt Kevin Jeffries Andrew Kotyuk Clint Lorimore* Bob Magee Scott Matas Lisa Middleton Kimberly Muzik Michael Naggar V. Manuel Perez Wes Speake Karen Spiegel Larry Smith Carla Thornton Michael M. Vargas Scott Vinton Chuck Washington Ted Weill Lloyd White Art Welch Bill Zimmerman Commissioners Absent Brian Berkson Linda Krupa *Arrived after the meeting was called to order. 3. PLEDGE OF ALLEGIANCE Commissioner Rusty Bailey led the Commission in a flag salute. 4. PUBLIC COMMENTS There were no requests to speak from the public. Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 2 5. ADDITIONS / REVISIONS There were no additions or revisions to the agenda. 6. APPROVAL OF MINUTES — DECEMBER 11, 2019 M/S/C (Vargas/Gregory) to approve the December 11, 2019 minutes as submitted. Abstain: Thornton 7. CONSENT CALENDAR M/S/C (Gregory/Vargas) to approve the following Consent Calendar items. 7A. QUARTERLY FINANCIAL STATEMENTS Receive and file the Quarterly Financial Statements for the three months ended September 30, 2019. 7B. FISCAL YEAR 2019/20 MID -YEAR REVENUE PROJECTIONS 1) Approve the mid -year Fiscal Year 2019/20 revenue projections of $202 million for Measure A revenues, $103 million for Local Transportation Fund (LTF) revenues, and $27 million for Transportation Uniform Mitigation Fee (TUMF) revenues; 2) Approve the budget increase adjustments to Measure A revenues of $9 million and expenditures of $3,717,000 to reflect the revised Measure A projection; 3) Approve the budget increase adjustments to LTF revenues of $6 million, transfers in of $719,000, and expenditures and transfers out of $898,000 to reflect the revised LTF projection; and 4) Approve the budget increase adjustments to TUMF revenues of $2 million to reflect the revised TUMF projection. 7C. FISCAL YEAR 2020/21 REVENUE PROJECTIONS 1) Approve the projection for Measure A revenues of $207 million for Fiscal Year 2020/21; 2) Approve the projection for Local Transportation Fund (LTF) apportionment of $106 million for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas for FY 2020/21; and 3) Approve the projection for Transportation Uniform Mitigation Fee (TUMF) revenues of $28 million for FY 2020/21. Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 3 7D. AGREEMENT FOR RISK MANAGEMENT AND BROKER SERVICES 1) Award Agreement No. 20-19-010-00 to Alliant Insurance Services, Inc. for risk management and broker services for a three-year term, plus two two- year options to extend the agreement, in an amount of $260,000, plus a contingency amount of $26,000, for a total amount not to exceed of $286,000; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreement, including option years, on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for these services. 7E. 2020 STATE AND FEDERAL LEGISLATIVE PLATFORM AND PREVIEW 1) Adopt the Commission's 2020 State and Federal Legislative Platform; and 2) Receive and file an update on state and federal legislation. 7F. UTILITY AGREEMENTS FOR THE STATE ROUTE 91 CORRIDOR OPERATIONS PROJECT 1) Approve the following utility agreements required for the State Route 91 (SR-91) Corridor Operations Project (COP) in the aggregate amount of $449,000, plus a contingency amount of $45,000, for a total amount not to exceed $494,000; a) Agreement No. 20-31-028-00 to American Telephone and Telegraph Company (AT&T); b) Agreement No. 20-31-036-00 to city of Corona Department of Water and Power (DWP); c) Agreement No. 20-31-027-00 to Southern California Edison (SCE); and d) Agreement No. 20-31-026-00 to Southern California Gas Company (SoCalGas); 2) Authorize the Executive Director, pursuant to legal counsel review, to finalize and execute the utility agreements for an amount not to exceed $494,000; and 3) Authorize the Executive Director or designee to approve contingency work up to the total amount not to exceed as required for the project. Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 4 7G. COOPERATIVE AGREEMENT NO. 20-33-023-00 WITH SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY FOR ENGINEERING AND ENVIRONMENTAL SUPPORT SERVICES FOR THE MORENO VALLEY MARCH FIELD METROLINK STATION TRACK AND PLATFORM EXPANSION PROJECT 1) Approve Cooperative Agreement No. 20-33-023-00 between the Commission and Southern California Regional Rail Authority (SCRRA) for engineering and environmental support services for the Moreno Valley/March Field Metrolink Station Track and Platform Expansion Project (Project) in the amount of $354,000, plus a contingency amount of $70,800, for a total amount not to exceed $424,800; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the cooperative agreement on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve the use of a contingency, as may be required for these services. 7H. AMENDMENT TO COMMISSION'S COMMUTER RAIL PROGRAM FISCAL YEAR 2019/20 SHORT RANGE TRANSIT PLAN 1) Amend the Commission's Commuter Rail Program's Fiscal Year 2019/20 Short Range Transit Plan (SRTP) to allocate $4 million of Federal Transit Administration (FTA) Section 5337 funds and reduce $4 million of Local Transportation Funds (LTF) operating assistance for the Southern California Regional Rail Authority (SCRRA) subsidy; 2) Allocate $4 million of FTA Section 5337 funds for the FY 2020/21 SRTP for Commuter Rail's operating assistance subsidy for SCRRA service; 3) Allocate $10,701,750 of FTA Section 5337 funds for the FY 2020/21 SRTP for Commuter Rail's capital subsidy for SCRRA rehabilitation projects; and 4) Authorize staff to program FTA Section 5337 grant funds into the Federal Transportation Improvement Program (FTIP). 71. COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE REIMBURSEMENT OF CONSTRUCTION FREEWAY SERVICE PATROL SERVICES ON CALTRANS PROJECTS 1) Approve Agreement No. 20-45-037-00 with the State of California Department of Transportation (Caltrans) for the funding of Freeway Service Patrol (FSP) service on various construction areas in Riverside County; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the cooperative agreement on behalf of the Commission. Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 5 7J. AMENDMENT TO AGREEMENT WITH STEVE'S TOWING FOR 15 EXPRESS LANES FREEWAY SERVICE PATROL SERVICE 1) Approve Agreement No. 16-45-103-02, Amendment No. 2 to Agreement No. 16-45-103-00 with Steve's Towing (Steve's) to include Freeway Service Patrol (FSP) service for the 15 Express Lanes through December 31, 2021, in the amount of $780,179, plus a contingency amount of $78,018, for an additional amount of $858,197, and a total amount not to exceed $2,063,197; 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) Authorize the Executive Director or designee to approve contingency work up to the total amount not to exceed as required for the project. At this time, Commissioner Clint Lorimore joined the meeting. 8. BLYTHE WELLNESS EXPRESS PILOT PROGRAM FINAL REPORT Lorelle Moe -Luna, Multimodal Services Director presented the Blythe Wellness Express (BWE) Pilot Program final report, highlighting the following areas: • Federal Transit Administration (FTA) rides to wellness program — Ride to Wellness Goals: o Increase access to care o Improve health outcomes o Reduce healthcare costs • In 2016, RCTC was awarded on behalf of PVVTA to operate BWE for an 18-month period o Total award = $185,753 and Total Operating = $305,254 • FTA media attention for this project due to highlighting the health care needs in rural communities • Supporting Partners • Service Profile and BWE route map: o 265 miles roundtrip o Deviated fixed -route o Riders register and reserve trip o 3 days per week o $15 roundtrip o Major destinations — Desert Regional Medical Center, Eisenhower Medical Center, J.F. Kennedy Memorial, and Kaiser Indio • Rider profile — By age and percentage; about 60 percent of riders indicated they do not have access to a vehicle; and about 81 percent have health insurance • Final report findings: Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 6 o 85 percent of the trips were for health -related purposes o Over 2/3 were for specialist appointments o 42 percent indicated that they were unable to go to the doctors in the last six months due to lack of transportation o Self -reported health status: 45 percent indicated an improvement; 43 percent maintained their health status; and 11 percent stated that their health status declined At this time, Ms. Moe -Luna welcomed and introduced George Colangeli, General Manager, PVVTA to present what this has meant to the community and how the service has sustained itself. Mr. Colangeli expressed appreciation to represent those people in the Palo Verde Valley and the city of Blythe, and highlighted the following: • Customer feedback • Antique Adams a rider that benefited from the BWE Program; Sandra Carter featured in the Desert Sun in the Coachella Valley stated that if it was not for the BWE Program she would not have that link for her life due to declining health care; Robert Goldstein was in a wheelchair in a low income area and after going through the BWE Program he no longer needed a wheelchair and is employed; and Lincoln Edmond was a founding board member of the PVVTA and wanted the BWE Program to emerge and then fell into bad health and needed help for transportation and rode this bus for dialysis and has since passed away He expressed gratitude to Anne Mayer and the Commission for all the resources given to the Palo Verde Valley and the city of Blythe. He then presented the following: • Moving forward: o Funding from AB 2766 and FTA Section 5311 o Service modifications: 2-days a week (Monday & Friday) 15t & 5rd Friday of each month Increase roundtrip to $20 - More general public trips • Expanded marketing and branding Commissioner Joey DeConinck expressed gratitude to Anne Mayer as this began at its January Commission Workshop when Ms. Mayer met with him to discuss the issues in the city of Blythe. He stated staff met with him at the city of Blythe City Hall, which is how this program evolved. He then expressed gratitude to George Colangeli for all of his hard work and stated he actually drives the bus too. He discussed how they made a trip to Imperial Valley, Brawley, and El Centro as they already had a program going to San Diego and used some of their ideas. Commissioner DeConinck expressed appreciation to the Cancer Society and the hospital for all their help. He stated Lincoln Edmond was one of Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 7 the first members on the PVVTA and stayed there until he retired. He expressed appreciation to Commissioner V. Manuel Perez for helping with some more funding for this program and stated he served on the Mojave Desert Air Quality Board and was able to work some deals there too. Commissioner Waymond Fermon expressed appreciation to Commission staff, the city of Blythe, and Commissioner Perez for this service. He expressed this service is personal to his family since Mr. Adams that was depicted in the presentation is his uncle and he knows personally this program saved his life. He explained it just demonstrates for all the people that it is a quality of life issue and also for some of those people that Mr. Colangeli spoke about it is extending these people's lives. Commissioner Perez expressed appreciation when the Commission is able to bring equity, quality, and resources to people that sometimes are forgotten, or do not have a voice, the people of the city of Blythe are hardworking, compassionate, and loving. Commissioner Perez expressed appreciation to George Colangeli and his staff for an outstanding job and to Commissioner DeConinck and his city council for continuing to push. Commissioner Perez expressed appreciation for the individuals in the presentation that has used this program it is heartwarming and real as this program is very important. He expressed gratitude to the Commission for their efforts and the leadership, and stated this needs to continue and there is a need for more funds and to make it more flexible to allow families to visit each other. Commissioner Michael Vargas concurred with the Commissioners' comments and stated it was a great presentation and this is what the Commission and the local jurisdictions does and it is great to hear all these success stories. Anne Mayer expressed this is a program of which staff is proud as the Commission does big dollar projects, but this is one that fills staff with pride as it has made a big difference. She expressed gratitude to George Colangeli and his team for all the hard work on the Federal Grant, the administrative requirements, and ensuring they were serving the people they were intending on serving. She suggested if the Commission pushes through a Federal Grant to make it work they can find ways to make it work in the future. Receive and file a presentation on the final report of the Blythe Wellness Express (BWE) Pilot Program. 9. COUNTYWIDE TRAFFIC RELIEF PLAN DRAFT Aaron Hake, External Affairs Director, presented the draft Traffic Relief Plan and highlighted the following areas: • Working towards solutions: o 2016 — Strategic Assessment Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 8 o 2017 — AB 1189 (Garcia) Public opinion survey stakeholder engagement o 2019 — Long range planning status quo evaluation #RebootMyCommute public opinion survey Traffic Relief Plan formation o 2020 — Draft Traffic Relief Plan Public review and outreach (January -June) Commission decision (June) • Draft Traffic Relief Plan o Responsive o Aspirational o Comprehensive o Trust and accountability o Equity and balance o Major investments • Your guide to the Traffic Relief Plan — Better roads, faster highways, easier highway access, more train service, frequent bus service, help with my commute, longer trails, new technology, and flood and dust control • Coachella Valley: o Local prioritization o Regional approach to roads o Flood and dust control o Tech and signal synch o Rail investments • Palo Verde Valley: o Local prioritization o Road safety, maintenance, and capacity o Public transit: access to healthcare, education, and employment • Western Riverside County: o Traffic bottleneck relief o Internal county connectivity o Metrolink and express bus o Specialized transit o Regional trail backbone o Rethinking transportation • Additional staff request for consideration — Authorize staff to correct any non - substantive typos, error, or omissions Commissioner Jeff Hewitt stated if this was simply a list of priorities, which there has been a great deal of work done the last several years over which projects are most important, it is a big county and expressed appreciation for the direction that it has gone. He explained it is difficult when there are different entities on the Commission and each Commissioner has their own desires. Commissioner Hewitt expressed if this were only that he would vote yes on it, but because it is tied to the upcoming half -cent sales tax not only is he against the sales tax there is a tax worry population. He suggested the chance Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 9 of this sales tax passing is much less than the Commissioners consider it is and that is why he will be voting no. Commissioner Bill Zimmerman stated this is important to him and expressed gratitude to the team and the Traffic Relief Strategy (TRS) Committee for putting together the list of projects. He explained as Commissioner Hewitt mentioned this is going to be tied to the half -cent sales tax request if this Commission votes to put it on the ballot. He stated being an advocate but there are no projects in the city of Menifee (Menifee) and there is one that is really needed. It is an interchange added to Garbani Road at Interstate 215, which is on the cities capital improvement budget for this year to begin environmental and right of way acquisition and it is one of their local plans identified for Menifee. He referred to Page 16 of the draft Traffic Relief Plan and the list of projects under 1-215 Corridor and respectfully asked the Commission to support his request to add another bullet point to construct an interchange at Garbani Road in Menifee. He stated if there is a motion to approve he would appreciate the Commission consider approving an amended plan with that addition. Commission Lloyd White stated he commented at its December Commission meeting he does not support the priority as the Commission is allowing the 1-10 Corridor to be the next Corona and Temecula problem by not addressing it. He concurred with Commissioner Hewitt's comments and explained this is not a building block and there were a number of Commissioners that voted to approve using the Commissions funds to campaign against Proposition 6. He discussed how the Commissioners spoke out the Commission is not necessarily approving a tax and these building blocks the Commission has been voting on this last year, which many of them made sense but needed studies and to understand the Commission's position. He expressed today is not a vote on the building block it is a vote on a tax and he will vote against it as well. In response to Commissioner Spiegel's inquiry when the Commission was originally formed how the Commissioners determined the priority of projects and since then how has the Commission continued to develop the priorities, Anne Mayer replied her understanding in the first Measure A that was passed in 1988 and then in 2002 was when the last Measure A was passed is that the list of projects were developed based on the decisions of the Commission at the time. At that time there were only seven members on the Commission and referred to legal counsel to clarify. Steve DeBaun, Legal Counsel, replied in 1988 it was seven members by 2002 it was a full Commission. Anne Mayer explained the 1988 Measure A the plan was developed in conjunction with the original seven representatives throughout the County and then in 2002 it would have been a membership such as this current body. Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 10 Commissioner Spiegel explained fundamentally she cannot differ from Commissioners Hewitt and White but this is clearly set that this is a plan that can be utilized afterwards and this is not a vote for the tax as that is clear that is on at its June 10 Commission meeting. Anne Mayer replied at its June 10 Commission meeting would be the decision point for the Commission to decide to put it on the ballot for the voters to decide in November. In response to Commissioner Spiegel's clarification that this is just for the plan that can be utilized anytime whether at the June Commission meeting is a positive or negative for this Commission so this is confirming the work of the Commission over the last two years, Anne Mayer replied correct. Commissioner Steven Hernandez expressed gratitude to staff for putting this effort together and he understands a tax is difficult for many of the Commissioners. He stated without a tax the future looks a lot different in terms of projects moving forward. In 1988 there were leaders that looked at how they wanted to shape this county, and how it wanted to progress and look at transportation corridors as a whole. He suggested this Commission is at that point where it is looking at what the next 30 years is going look like for the county of Riverside. Commissioner Hernandez stated the plan is not perfect but it is a plan and is something down the road that can be amended to include other projects. He expressed appreciation for staff doing a great job in working with the cities to accommodate their needs. He supports this measure and without this and without the revenue that is projected he suggested the residents need to be told as well as to what to expect if it does not pass. Commissioner Jan Harnik expressed appreciation for the Commissioners' comments and stated it is understood there is a considerable funding gap if the Commission is going to address the needs of Riverside County. She explained in 1988 there were Commissioners that recognized there were issues, took some bold steps, and this Commission needs those bold steps today. There may be people that are tax weary, traffic weary, they are lack of quality of life weary, and transportation is about quality of life. Commissioner Harnik expressed after hearing about the success of the Blythe Wellness Express Program the Commissioners cannot ignore the needs of the County. She referred to 1-10 and the housing developments and stated the Commission will have to accommodate the needs of those people who are moving into those areas and in the rural areas. She explained in the big picture and looking out at the future of the County and the future of the community members this is necessary and for that reason she will support this vigorously. Commissioner Magee referred to Page 193, which depicts the entire Traffic Relief Plan. Aaron Hake requested to display the Western Riverside County map. Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 11 Commissioner Magee referred to the map and the overpass at Nichols Road and 1-15 in Lake Elsinore where Temescal Canyon High School and the outlet center is located, which are clearly two traffic generators. He stated that the plan currently does not include any additional work at that section of the freeway and referred to the area between Weirick and SR-74 shown in grey. This Commission voted to approve $29 million to provide environmental services to look at the dirt median between Corona and Lake Elsinore and provide for environmental clearance. He expressed appreciation although he does not concur with spending funds that way, but understands it has to be done. Commissioner Magee referred to the TRS Committee and stated the rest of 1-15 is in green on the map and inquired about the plan for getting the concrete and steel as this area cannot be bypassed again. He referred to the 1-15 Corridor Improvement Project (CIP) Ad Hoc Committee as the Commission's mission was additional lanes from Cajalco to the County Line south, which this omits this very critical section. He suggested to add it back in and requested the Chair to consider forming a committee that is an expansion of the Commission's 1-15 CIP Ad Hoc Committee that includes District 1 and the city of Corona and the rest of the 1-15 CIP Ad Hoc members. Commissioner Lisa Middleton expressed gratitude to all the individuals involved in producing this draft plan. She referred to the slide in the Coachella Valley with the flooded Indian Canyon Road in the city of Palm Springs and stated on the opposite side of that road on either side is the city of Desert Hot Springs and Desert Regional Medical Center and when trying to get to the hospital from Desert Hot Springs or from other locations in the Coachella Valley that is what is in the way. She discussed going through many parts of Coachella and places in the eastern Coachella Valley every rainstorm brings flooding of their streets. Commissioner Middleton expressed being honest with the people and if the Commission is going to create the transportation network that is needed for the 21St Century and respond to the future it is going to cost more money. She explained the belief that the Commission could fix all of the problems that plague this county from Southwestern Riverside, to Corona, to Riverside, to the Coachella Valley, and to the Palo Verde Valley without additional resources will not occur and she supports this measure. Commissioner Andrew Kotyuk concurred with some of the Commissioners' comments as he is against taxes. He expressed he is for democracy and for communities to determine what their priorities are whether it is public safety, schools, or in this case transportation corridors. Commissioner Kotyuk stated the Commissioners have been driven to be self- help cities and communities, which is along that same path and it has built many successful corridors that would not occur if the Commission relied on the state or federal government. Commissioner Kotyuk explained he does approve the projects on the list and many are in his region that they have been waiting decades for and have hurt many of the local residents and businesses as well. He expressed this is not approving a sales tax it is approving the right for democracy to work and for the constituents to vote on what is their priority. Commissioner Kotyuk stated this voting is on the priorities and potentially to allow the people to vote for what they choose. Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 12 In response to Commissioner Kevin Jeffries' clarification when the current Measure A sales tax expires, Anne Mayer replied 2039. Commissioner Jeffries expressed concern convincing the voters to approve this sales tax measure especially with the state's tax increases and fee increases for transportation. He stated Riverside County is adding one small city a year somewhere between 20,000 and 30,000 and referred to Page 181 the second block of items listed on the left. He read the sales tax in Riverside County will go up by one-half cents until ended by the voters, and stated this implies there is no end in this tax. He expressed that is unusual for government to not have an end date and clarified the voters would have to petition and do their own initiative to stop the tax. He discussed getting the signatures that would need to be collected throughout the County and notifying the voters how to stop the tax 20 to 50 years from now. He suggested the voters need to know there is no end ever to this sales tax even after the projects are built. In response to Commissioner Michael Vargas' clarification as part of the plan was to establish a carpool lane from Nuevo up to the SR-60 on 1-215, Anne Mayer replied that section is actually in this plan. At this time, Commissioner Hewitt left the meeting. In response to Commissioner Vargas' inquiry in the plan is to add an extra lane on both sides from Van Buren to SR-60 what happened to the rest of it from Nuevo to SR-60, Anne Mayer replied there is a portion of that project that is being built as a part of one of the first segments of the Mid County Parkway project and staff will check on that. Commissioner Vargas clarified that is just the interchange for Placentia. Anne Mayer replied there are improvements that have to be done on 1-215 and she will follow up on that and check on the limits. Commissioner Scott Matas expressed not supporting taxes such as SB 1, but this is a state where it is difficult to get funding for these major projects. He stated the reason why he chose to be on the TRS Committee is to see what will need to be done in the future. Commissioner Matas expressed supporting this sales tax and stated the Commission has to find funding and the question is does the Commission allow the voters to choose to tax themselves or not and if not how much will be spent in interest on bonds the Commission will have to pay for in the future. He suggested to not throw the plan out due to not supporting the tax being put on the ballot for the voters to make the choice. Regarding the plan itself he stated staff would sit down with each city and or county district and discuss their issues and noted this is a draft plan. He stated over the next six months with public input and the input from the cities he is certain staff will be able to implement the needs of their area. Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 13 Commissioner Scott Vinton expressed appreciation for the presentation and concurred with some of the Commissioners as he is tired of taxes. As a civil engineer that does transportation projects his company pushed hard to ensure SB 1 stayed although he voted against it. Commissioner Vinton stated this needs to go to the voters as there is a serious problem with the County's transportation system. He concurred with Commissioner Jeffries' comment as this should not be made a tax forever and requested to change it. As a member of the TRS Committee the committee tried to find many projects that could be covered with a great deal of the funding obviously as Mr. Hake noted it is not enough to cover all those projects. He explained the list is not meant to be exclusive, that will come later if it passes and the Commission determines how to prioritize projects. Commissioner Vinton stated having said that he is in support of giving it to the voters to make the decision. Commissioner Wes Speake stated as a member of the TRS Committee he is appreciative of the hard work on this list as it was exhaustive. This is the Commission's second view of this and expressed gratitude to staff for putting it together for their colleagues at their cities and the residents to review. He concurred with Commissioners Jeffries and Vinton that a never ending tax could be levied against this tax or these projects going forward. Commissioner Speake stated as Commissioner Kotyuk noted this is a self-help county and in speaking with people from other counties that proudly proclaim that suggested the Commissioners speak out with some venom to their state representatives. He expressed the Commissioners need to push the state representatives to fund transportation as they cannot allow the state and the federal government to absolve themselves of the issues occurring in this County as Riverside County has about $10 billion worth of needs. Commissioner Kathleen Fitzpatrick expressed appreciation for the follow up work the staff has done and for meeting with her colleagues in the Coachella Valley after its November Commission meeting to have some serious discussions about how to make it work for Coachella Valley. She concurred it is imperative for the Commission to allow the public to evaluate this plan and see what the values are going forward as far as the transportation needs of the Coachella Valley. She discussed the lack of planning or insufficient planning that created bottle necks in Western Riverside. Commissioner Fitzpatrick expressed the Commission owes the citizens an opportunity to take a look at the plan and using CVAG to develop a model to move projects forward in the Valley together as a valuable tool to establish priorities and change priorities moving forward. She supports this plan and supports educating the Coachella Valley citizens about what the needs are and allow the voters to make that decision on whether there should be an additional tax or not. Commissioner Michael Naggar stated the city of Temecula's position about this 30-year plan although it can be updated and a criteria has not been laid out is the following: What the criteria is going to be based on, quality of life, economic development, health safety and welfare, or will decisions be made to do infrastructure based on matching funds that are available. He clarified if the Commission will make decisions on the ability to generate Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 14 more funds to do projects that have potential to create more road improvement funds. He suggested the Commissioners in their cities begin partnerships, grant writing, look for matching funds, and what is the highest and best need. He discussed how Temecula sought a federal grant and obtained $50 million and being heavily invested in SB 1 funds of $82 million and bid on the French Valley Parkway Phase II it turned out to be $140 million due to the escalation of costs as this 30-year time limit goes by. He stated through the Interstate 15 Lane Expansion Task Force Caltrans agreed to give matching SHOP funds to put acceleration and deceleration lanes on the 1-15, which Temecula is putting up $8 million. He suggested a semi-annual report on grant funds that are available and applications being made by every city showing forth an effort that the Commissioners are making. In the polling done by the Commission the citizens said they had no problem the sales tax did not expire as the Commission understands that this tax over 30 years will not pay for the current project list. Commissioner Naggar concurred with Commissioner Magee's comments and is curious how that section dropped off as it is a critical section from Cajalco to the southern corridor. He expressed concern there are so many people in the southwest Riverside County who have contributed to causing a $1 billion a year economic development effort and that area is a critical regional economic development creator and exponentially starts to affect quality of life if traffic does not move through that area. He suggested all Commissioners need to start looking out over the years, first to get this passed and if it is being put on the ballot and putting forth this list he will presume the Commissioners want this to pass as this is the only way to solve it. Commissioner Naggar referred to Commissioner Zimmerman's interchange project he suggested to put on the list, and he has no problem putting that on the list, but these funds must come from somewhere else and to start those partnerships now. Commissioner Perez suggested to bring back the 1-15 Corridor Improvement Project Ad Hoc Committee to discuss Bundy Canyon Road and put it on the table and continue the advocacy efforts at the federal and state level. This is a draft plan so that is the purpose behind this conversation and the Commissioners need to bring up their points of concern, the challenges and list them and move forward. He supports this and expressed working together to make this happen. At this time, Commissioner Vargas left the meeting. Commissioner Kimberly Muzik stated this is her first Commission meeting since Commission Reed was not able to attend and expressed concern about the open ended tax. She suggested it will confuse the residents when they go to the ballot and suggested it would be better to say it will be a forever tax rather than stating it is open ended. She stated to put it as it is the half percent it will take care of Riverside County's roads and leave it at that. Commissioner Jan Harnik expressed hearing two important things, which is to educate the voters and to be honest with the people the Commissioners represent. She explained the Commissioners are here to entertain the thought of adopting a draft plan, this is not Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 15 saying the Commissioners are voting for a tax they are voting to adopt a draft plan. There has been a lot of work put into it and the Commission has always shown themselves to be nimble and respond to what the needs are as they change, which will happen as they go forward. She moved staff's recommendation along with the wording that Mr. Hake provided. Chair Benoit clarified if this motion would include Garbani and the 1-15 corridor items that were brought up. Commissioner Harnik replied the two projects yes and clarified if they could entertain the sunset, but when the two focus groups were conducted it was found with all the outreach that there was not opposition to having it written that the voters can repeal this at some point. If the Commissioners need to entertain that thought they can however, they need to take into consideration the lessons learned. Anne Mayer explained the Commissioners are raising a question about the term that they expect to be a hot topic of conversation over the next five months of public review and comment. She suggested the instinct would have been there should be a term on the tax as it shows that it will end. As Commissioner Harnik mentioned in all the focus group conversations and the feedback received that answer the Commission has gotten from the members of the public is no they want to be in control. If they do not think the money is being spent correctly they want the power to be able say the tax ends. Anne Mayer stated that is why it is the way it is in the draft; that being said she expects this to be an area where there will be many public comments on multiple fronts. She would expect that no matter whether the Commission puts it in as 30 years or as indefinite now this will be a topic of conversation for the Commissioners in June about which way to go. Commissioner Washington expressed not being certain where he stood and leading up to this point he has voted against the tax. As he reads the staff report and read that the final plan will be presented to the Commission on June 10 for consideration to be placed on the November ballot. He continued to read as the Commission previously stated there is independent public value to creating a Traffic Relief Plan to set a blue print for future Riverside County regardless of whether the plan is put to a vote of the people there is no fiscal impact to the approval of the draft plan for public circulation. Commissioner Washington explained as a County Supervisor and his colleagues on the Commission will understand his comments as they all have cities within their districts and listening to the comments from at least three of the four cities in his district that are represented and one is not here. He stated they are asking for support of the plan and he expressed supporting the plan due to the information he just read and does not feel that is inconsistent with his previous vote about the tax and will reevaluate in June. He suggested the Commission needs a plan whether they vote to submit it to the voters or not. Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 16 Commissioner Bailey expressed having a great discussion and summarized there is an information gap not just a funding gap with the public and this gives the Commissioners an opportunity for them who probably understand it from his prospective and the public feedback received they have an elementary education on the transportation systems not just of today but of tomorrow. This is an opportunity for the Commission to not just fill the funding gap but the information gap and to take the elementary education to a college degree in transportation moving forward transportation of the future. As representatives they are going to educate their constituents and as problem solvers as the problem was discovered a Level of Service (LOS) "F" in the transportation system and coming soon what will be done. He explained the decision making they are not the ultimate decision makers it will be the voters, and the Commission's job is to receive public input over the next five months and make a decision later to put the tax on the ballot and he is supportive of that. Commissioner Naggar clarified the motion as it supports staff's language and that was his second for discussion and that also includes the list that was presented. Anne Mayer replied if the Commissioners approve staff's recommendation and this plan it includes all the projects included in this, which all of the projects that were included in the investment list in December is in this plan. She also heard in this motion that Garbani 1-215 and 1-15 southern extension from Cajalco to SR-74 would be included. In response to Commissioner Naggar's clarification with Commissioner Harnik that is part of her motion, Commissioner Harnik replied that is accurate. Commissioner Naggar stated his second will reflect that as well. He asked Anne Mayer when talking about "the plan" is the plan the list or is the plan a plan of priorities, funding, inflation, etc. Anne Mayer referred to Legal Counsel Steve DeBaun to respond. Steve DeBaun replied the plan is the Traffic Relief Plan that is attached to the staff report. That is the technical plan that is referred to in state law as the expenditure plan that is required to be attached to the ordinance when adopted so that is the plan. Commissioner Naggar concurred and stated he does not want to necessarily get into semantics and understands the legality so it is the list. There is no functional plan and clarified that this plan is the one that is being proposed to be used in the ballot measure. Anne Mayer replied yes and stated whatever final version of this plan would be attached and if it goes forward this would be the expenditure plan. Commissioner Naggar asked if it is reasonable to assume this Commission at some point will have an actual plan a plan that puts things in a matter of priority based on some criteria the Commission establishes and when would it occur. Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 17 Anne Mayer replied implementation of an expenditure plan approved by the voters would be handled the same way it has been done with the two other sales tax measures, which is the expenditure plan and the ordinance are the parameters under which this Commission would have to create implementation criteria. If this were to pass by the voters the Commission would decide how to implement the plan as approved by the voters. She stated the expenditure plan is not just a list, it also has intent built in. If the voters approve a plan that talks about what the objectives are this Commission would have to adhere to what those objectives are in addition to the list of projects. Commissioner Naggar inquired understanding there is a list that cannot be implemented yet and so some people were selling something that may not get delivered absent a true plan. Chair Benoit stated the motion was verbally made by Harnik and seconded by Naggar. M/S/C (Harnik/Hanna) to: 1) Discuss and provide input on the draft Countywide Traffic Relief Plan (Plan); 2) Approve the draft Plan for public circulation and comment through June 10, 2020; 3) Authorize staff to correct any non -substantive typos, error, or omissions; and 4) Support draft language all projects included with the addition of Garbani 1-215 and 1-15 southern extension from Cajalco to SR-74. No: Jeffries, Lorimore, Welch, and White In response to Chair Benoit's clarification to Commissioner Magee if the project added was enough or if he wanted to discuss the 1-15 Corridor Improvement Project Ad Hoc Committee, Commissioner Magee suggested this be discussed at its Commission Workshop. 10. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION There were no items pulled from the Consent Calendar. 11. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 11.A Anne Mayer wished the Commissioners a Happy New Year. She reminded the Commissioners about the Annual Commission Workshop on Thursday and Friday, January 30-31, 2020, at the Hilton Palm Springs. Please RSVP regarding their attendance if they have not yet done so. Riverside County Transportation Commission Meeting Minutes January 8, 2020 Page 18 • Reminder there are no Committee meetings in January due to the Commission Workshop. 12. CLOSED SESSION 12A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Agency Negotiator: Executive Director or Designee Item APN(s) Property Owner Buyer(s) 1 102-091-006 RCTC Dr. Gulabrai B. Ukani There were no announcements from the Closed Session Items. 13. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, Chair Washington adjourned the meeting at 11:13 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Thursday and Friday, January 30-31, 2020, at the Hilton Palm Springs, Palm Springs. Respectfully submitted, Lisa Mobley Clerk of the Board RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEETING MINUTES Friday, January 31, 2020 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Ben J. Benoit at 8:33 a.m. at the Hilton Palm Springs Hotel, 400 E Tahquitz Canyon Way, Palm Springs, California. 2. PLEDGE OF ALLEGIANCE Commissioner Lisa Middleton led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Commissioners Absent Mike Beauchamp Ben J. Benoit Brian Berkson Randall Bonner Joseph DeConinck Kathleen Fitzpatrick Raymond Gregory Yxstain Gutierrez Berwin Hanna Jan Harnik Steven Hernandez Jeff Hewitt Kevin Jeffries Linda Krupa Clint Lorimore Scott Matas Lisa Middleton V. Manuel Perez Dana Reed Larry Smith Wes Speake Karen Spiegel Chuck Washington Art Welch Lloyd White Michael Vargas Scott Vinton Bill Zimmerman 4. PUBLIC COMMENTS There were no requests to speak from the public. 5. ADDITIONS / REVISIONS There were no additions or revisions to the agenda. Rusty Bailey Waymond Fermon Andrew Kotyuk Bob Magee Michael Naggar Ted Weill Riverside County Transportation Commission Meeting Minutes January 31, 2020 Page 2 6. ADDITIONAL AWARDS FISCAL YEAR 2019/20 SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM FUNDING RECOMMENDATIONS Jenny Chan, Management Analyst, presented the additional awards for Fiscal Year 2019/20 SB 821 Program, highlighting the following areas: • SB 821 — 2 percent of Local Transportation Fund (LTF) revenue; Bicycle and pedestrian projects; and bike and pedestrian Master Plans • Past Commission actions: June 2019 Commission meeting — Four awarded projects in the Coachella Valley and eight awarded projects in Western Riverside County • A list of the awarded projects • Staff recommendation: Additional award projects • A map of the FY 2019/20 additional awards, which project locations are approximate M/S/C (Jeffries/Gregory) to: 1) Approve additional project awards for the Fiscal Year 2019/20 SB 821 Bicycle and Pedestrian Facilities (SB 821) program for an additional amount of $1,611,395 and a total amount of $5,513,310; 2) Direct staff to prepare memorandums of understanding (MOUs) with the project sponsors to outline the project schedules and local funding commitments; and 3) Authorize the Chair or Executive Director to execute the MOUs with the project sponsors, pursuant to legal counsel review. 7. COUNTY OF RIVERSIDE REQUEST FOR A LOAN ON HAMNER BRIDGE PROJECT Lorelle Moe -Luna, Multimodal Services Director, presented the County of Riverside request for a loan on Hamner Bridge Project, highlighting the following: • A map that depicts the project location in Western Riverside County • Cash flow to contractor, cash flow from FHWA, and Loan request Anne Mayer stated that per the federal legislative panel discussion the next transportation act would include the bridge program again. She discussed the last act and the federal government trying to streamline their funding programs in that they eliminated the highway bridge program that had been funding deficient bridges across the country. Commissioner Spiegel expressed this is an extremely important project as the Hamner Bridge has been long term there were many issues that needed to be addressed, and it is Riverside County Transportation Commission Meeting Minutes January 31, 2020 Page 3 a vital connection between the cities on the other side of 1-215 and with that she made the motion to approve. Commissioner Berwin Hanna discussed the flooding at the north end of the freeway bridge in Norco and how the city manager and the engineer went to Congressman Ken Calvert's office and former Supervisor John Tavaglione and discussed the situation. At that point, the city of Norco started working on it along with the Commission, Congressman Calvert, and WRCOG getting involved. He expressed appreciation for the Commission's support on this two-lane bridge, as it is 74 years old, and the traffic caused from the residents coming south to get to the 1-15. Commissioner Lorimore expressed appreciation for the comments, as this bridge is vitally important as traffic conditions are getting worse throughout the area. The bridge has been on the verge of going down before and getting to a point with the increased traffic and with having access to 1-15 at Limonite there needs to be an alternate access point. He expressed appreciation for the Commissioner's support on this. MAX (Spiegel/Lorimore) to: 1) Approve a loan to the County of Riverside (County) of 2009 Measure A Western County Regional Arterial (MARA) and/or Transportation Uniform Mitigation Fee (TUMF) Regional Arterial program funds in the amount of $33,463,000 for construction of the Hamner Bridge Replacement and Widening Project (Hamner Bridge Project) with the County's repayment of the loan anticipated from federal Highway Bridge Program (HBP) funds; 2) Authorize the Executive Director to develop, finalize and execute Agreement No. 18-31-074-03, Amendment No. 3 to Agreement No. 18-31-074-00, with the County and cities of Eastvale and Norco for the construction of the Hamner Bridge Project to include terms of a loan agreement, pursuant to legal counsel review; 3) Authorize the Executive Director, pursuant to legal counsel review, to develop, finalize, and execute a new or amend an existing agreement with the California Department of Transportation (Caltrans) related to the Commission's loan on the Hamner Bridge Project; and 4) Authorize the Executive Director, pursuant to legal counsel review, to develop, finalize, and execute agreements with the County, city of Eastvale, city of Norco, and/or Caltrans related to the loan for the Hamner Bridge Project. Abstain: Speake Riverside County Transportation Commission Meeting Minutes January 31, 2020 Page 4 8. REMEDIAL WORK CONTRACT FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT David Thomas, Toll Project Manager, provided an overview for the remedial work contract for the SR-91 Corridor Improvement Project. In response to Commissioner Scott Vinton's inquiry about reimbursement, David Thomas replied the Commission would invoice them as part of the settlement agreement. In response to Commissioner Vinton's question about the additional work that is listed in Exhibit A, David Thomas discussed the details of the additional work. M/S/C (Vargas/Spiegel) to: 1) Approve Agreement No. 20-31-043-00 with Atkinson/Walsh a Joint Venture (AWJV) to perform remedial work for the State Route 91 Corridor Improvement Project (SR-91 CIP) in an amount not to exceed $500,000; and 2) Authorize the Executive Director, pursuant to legal counsel review, to finalize and execute the agreement. 10. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 10A. Commissioner Jan Harnik referred to the January 30 CTC meeting and requested Tom Kirk, CVAG Executive Director, to provide details from the meeting. Tom Kirk announced CVAG was allocated $29.5 million for CV Link and looks forward to working with Caltrans on the rest of the project. 10B. Anne Mayer announced: • There is no February Commission meeting due to the County holiday. • Recruitment for the new Citizens and Specialized Transit Advisory Council (CSTAC) and if there are any constituents who might be interested to share the application information. 11. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting adjourned at 8:57 p.m. Respectfully submitted, Riverside County Transportation Commission Meeting Minutes January 31, 2020 Page 5 Lisa Mobley Clerk of the Board RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES Thursday and Friday, January 30-31, 2020 The Riverside County Transportation Commission Workshop was called to order by Chair Ben J. Benoit at 1:00 p.m., at the Hilton Palm Springs Hotel, 440 E Tahquitz Canyon Way, Palm Springs, California. PLEDGE OF ALLEGIANCE Commissioner Dana Reed led the Commission in a flag salute. COMMISSION ROUNDTABLE — 2020 WHAT NEEDS OUR ATTENTION? Chair Ben Benoit explained there is no action being taken on this item as this is an opportunity to discuss transportation, where are the concerns, where do you see the Commission going, and where the Commission is at. The Commissioners provided the following recommendations: • Create an 1-15 Corridor Task Force Committee and the 1-10 corridor impacts the 1-15 so the 1-10 Corridor should have official representation in this task force committee for that area • Related to State Route 79, create a task force with the surrounding cities such as the cities of Murrieta, Temecula, and the Pass Area to partner; use the city of Temecula that received state and federal funds as a model; and the key points of economic development so infrastructure supports that • With the addition of SR-79 and the Mid County Parkway Project enable economic growth manufacturing in that area to keep the systems in the city of Hemet as 80 percent of the city of Hemet's residents works outside the city At this time, Commissioner Kevin Jeffries joined the meeting. • Continue to focus on rail service to the Coachella Valley • Continue to focus on the county connectivity discussions and the next chapter to enter into is to be a team and focus to make an investment in Riverside County and their regions and tie one side to the other • Put more pressure on the state and federal representatives to attract grant funds; have a single voice along with smaller voices to encourage the residents to put pressure on the state and federal representatives that Riverside County needs more capacity; and push for the representatives and Caltrans to help fund their own projects as well • Do more advocating for the Commission and getting more editorials that mention the cities or entities they are representing and advocating RCTC was involved; and work Riverside County Transportation Commission Minutes January 30-31, 2020 Page 2 within the districts to have the cities work more cohesively as a county and putting their voices forward even when issues are going on At this time, Commissioner Jeff Hewitt joined the meeting. • Receive information on development and the impact on transportation with successful land planning and zoning and the nexus of successful or failing transportation come together. This will be beneficial information to work together in their communities to resolve better economic development and quality of life PREVIEW OF DEBT REFINANCING OPPORTUNITIES Theresia Trevino, Chief Financial Officer, presented a preview of 91 Express Lanes debt refinancing opportunities, highlighting the following areas: • No leveraging of surplus toll revenues: Desire to preserve future financings involving surplus toll revenues from RCTC toll facilities; may return in future with innovative financing ideas; and existing surplus toll revenues still available to fund 91 corridor projects • Current 91 Express Lanes Toll debt • Why consider a refinancing — Debt management tool and criteria • Proposed plan of refinance — Debt today and debt after refinancing At this time, Commissioners Clint Lorimore, V. Manuel Perez, and Yxstain Gutierrez joined the meeting. • 2020 refinancing objectives — Burdensome covenants and future debt service • Historical Basis for tax-exempt rates • Summary: Option 1— Maintain existing debt structure • Summary: Option 2 — Refinance debt The Commissioners had a thorough discussion regarding Options 1 and 2, including the following areas: • Suggested waiting 90 days from the March schedule to pursue refinancing • They discussed the difference if the Commission went with Option 2 vs. Option 1 • There was support for staff's and B of A's recommendation • There was concern there were no handouts for this item Theresia Trevino discussed the following: • Based on the current schedule is to sell the bonds late March and closing the transaction in the last week of March. Riverside County Transportation Commission Minutes January 30-31, 2020 Page 3 • What triggers a financing if the Commission goes past the 60 days the internal costs to be incurred that would be associated with that such as the financial team has to be paid, legal counsel is involved, the bankers are contingent on the deal being done. • The difference with Option 2, which is a cash flow available within the time frame the Commission needs them for projects the toll team can start working on the necessary procurements in the next few months for fund the following three projects: 15/91 ELC, 91 Corridor Operations and the 71/91 Interchange Projects. • The numbers are still being worked on the financial analysis that has been changing daily this week as they continue to engineer the analysis and at the Committee/Commission cycle there will be numbers available. Currently she has the amount of debt that would be refunded, which is $683 million, which is the Commissions' largest refunding to date. At this time, Anne Mayer clarified staff is not asking for the Commissioners' approval of this deal today; that will come at a future meeting. She explained they did not want to get too far down the road conceptually, so the question is does the Commission want staff to continue to gather the data and detailed information and bring it back through the committee process or do they want staff to discontinue. The Commissioners then discussed the following: • For Option 1 there was discussion on the tolling authority. • Asked staff to continue to do what they are doing and bring it back as soon as possible. • If the Commission went forward with this and did the refinancing at the end of March could it be redone again in the summer or sometime later in the year if the rates did dive down and the Commission could potentially save more. Theresia Trevino stated the tolling authority is 50 years from when the lanes open, which was 2017 so the term of the authority is still the same. Theresia Trevino's assumption would be no the refinancing could not be done again at least on a tax exempt basis, which has slightly lower rates because the TIFIA would be refunded primarily with tax exempt debt. At this time Commissioner Steven Hernandez joined the meeting. The Commissioners continued to discuss the options, highlighting the following: • For the 15/91 ELC Project the funding for that was SB 132 and needed more information on the funding for that. Also to be cautious as markets can tumble and things can happen really quickly. • As part of the conversation this allows the Commission to go forward with some of the projects and as part of the analysis that staff brings back to look at what the costs are of not moving forward and increased costs that may be associated with doing this at a later date as opposed to doing this now. • Option 2 was supported. Riverside County Transportation Commission Minutes January 30-31, 2020 Page 4 Anne Mayer stated for the 15/91 Northbound Connector Project $180 million came from SB 132 and the projects costs are greater than that so the Commission will use surplus toll revenue for the rest. Anne Mayer explained this item will be coming back to the February Budget and Implementation Committee and forwarded to the March Commission with all the proposals, detailed staff report and official statements for discussion. She clarified with Theresia Trevino about the process the Commission goes through to create all of the official legal documents the Commission would need to approve and how long would that process take for an offering of this size. Theresia Trevino replied this is a refunding so it is a lot easier than doing a new financing with a new security such as the toll revenues or the sales tax so a couple of months to get the documents in good shape, which is what the team has been working on at this point. There are agency rating meetings and at that time there will be better numbers to present. Anne Mayer stated in order to put a deal together it takes approximately two months to bring to the Commission for approval. She explained if the market changes in July it would take two to three months to catch that and all the details will be brought to the Budget and Implementation Committee in February for discussion. At this time, Commissioner Michael Vargas joined the meeting. At this time, Chair Benoit presented Past Chair Chuck Washington with an award to commemorate his tenure as Chair for 2019. RCTC AT WORK: PANEL DISCUSSION Cheryl Donahue, Public Affairs Manager, moderated a panel discussion with the following staff: Stephanie Blanco, Capital Projects Manager, Jennifer Crosson, Toll Operations Manager, Mark Lancaster, Capital Projects Manager, David Lewis, Capital Projects Manager, Bryce Johnston, Capital Projects Manager, and David Thomas, Toll Projects Manager. She focused on existing projects in Western Riverside County, the Pass Area, and the Coachella Valley. The panel then discussed the toll projects going on due to the public interests and discussion about the significance of these projects, updates, the challenges, and questions related to these projects in Western Riverside County, the Pass Area and in the Coachella Valley and also women in transportation. At this time, Commissioners Andrew Kotyuk and Lisa Middleton left the meeting. Cheryl Donahue opened it up for discussion. The Commissioners and the panel discussed the following: The connector bridge on to SR-71 as part of the future expansion of SR-71, turning over the tolling statements, the 40 signs that will be put up, the anticipated ribbon cutting, the Army Corps of Engineers challenges, 1-15 from Corona to Lake Elsinore and going down to San Diego County, about being on target and moving forward for the 1-15 Railroad Canyon project, 1- Riverside County Transportation Commission Minutes January 30-31, 2020 Page 5 10 major project that is going from Pennsylvania Street in Beaumont to Highway 111 and the coordination with the SR-60 lane closures, improvements for the 71/91, lessons learned after the successful 55-hour closure in Corona, the Riverside Downtown Station improvements and the study that was done through Metrolink of similar stations and issues related to safety and security, why the existing switchable transponders no longer beep, the 1-15 toll lane on the Eastvale side right before the south side on SR-60, which is a mile from San Bernardino County Line and what coordination is being done, request to have Caltrans update the Commission on the swarm projects on SR-60, 1-10, and 1-215, and solving the problem of moving these environmental documents related to CEQA projects more quicker. Anne Mayer explained for the 1-15 Corridor there is one currently under construction and the next phase that goes to the city of Lake Elsinore is underway, and the stretch from Lake Elsinore to the Los Angeles County Line there is no funding to keep that moving forward and Commissioner Magee had requested to bring back the 1-15 Corridor Improvement Project Ad Hoc Committee and Chair Benoit has authorized that so at the first meeting it will be discussed what is next and the French Valley Parkway project will be included. At this time Commissioners Ferman, Matas, Spiegel, and White left the meeting. Chair Benoit also left the meeting, therefore Vice -Chair Jan Harnik assumed the position as Chair. LEGISLATIVE PANEL — WHAT'S HAPPENING IN WASHINGTON, D.C. AND SACRAMENTO? David Knudsen, Legislative Affairs Manager, moderated a panel discussion with the Commission's Sacramento and Washington D.C. lobbyists Mark Watts, Kathy Ruffalo, and Cliff Madison, to update and provide information on what is going on in the nation and the state capitol related to State and Federal Legislation, and predictions for 2020. Anne Mayer started off the discussion about the SAFE rule and the fact the Commission will not be in conformity at the SCAG Region, and what does that mean. Mark Watts stated it means if the project needs a minor tweak done to it that cannot be done. Anything that needs to be added to the project through FTIP it cannot conform to that. Anne Mayer stated if that cannot be done that is why Highway Administration cannot make any decisions, which means Federal Highway Administration cannot give any rules on any federal document they cannot approve any federal obligations of any funds, which is a significant issue. There was discussion about how CEQA is much longer and much more complicated and it slows down projects, and the water quality at the state level, and if there is any legislative push to challenge that in Riverside County as the Governor said he does not want to fund any kind of passing. Mark Watts expressed concern in the Governor's budget that refers to the STIP as a source of funding for sustainable uses and the RTIP is for SCS, which can be interrupted as positive or extremely negative on making progress on making projects. He then discussed the congested corridor grant programs. Riverside County Transportation Commission Minutes January 30-31, 2020 Page 6 Anne Mayer discussed the effort that is underway a few years ago to modify the State Transportation Improvement Program where it was decided that 75 percent of state funding of the County and what the priorities are. She discussed the California Transportation Commission (CTC) and how this region has been represented by Commissioner Joe Tavaglione for several years and how the next several weeks will tell the Commission a great deal. There was discussion about the framework being done in Washington about the Fix It First prioritization, which is a way of stating not to add funds to capacity to fixing what you have now, which is uncertain what that means and it could mandate not just at the federal level but at the state level. WRAP UP AND NEXT STEPS At this time, Anne Mayer announced the workshop is done for the day and that dinner will be served at 6:00 p.m. Lauren Skiver, GM/CEO from SunLine will have a presentation about technology at the dinner. Breakfast will be served from 7:30 a.m. — 8:30 a.m. and from 8:30 a.m. — 9:00 a.m. there will be a Commission meeting, and then the Workshop will commence at 9:00 a.m. At 5:05 p.m., Chair Harnik called for a recess until 6:00 p.m. PRESENTATIONS ON SUNLINE AND NEW TECHNOLOGY Lauren Skiver, GM/CEO presented an overview of Today's Transit for Tomorrow's World — How SunLine Transit Agency is Revolutionizing Transit, highlighting the following areas: • Routes - 14 local fixed -routes, one express line, one Riverside commuter link, and ADA paratransit; Fleet-61 CNG, 16 Electric Hydrogen Fuel Cell, 4 Electric Battery BYD, 39 CNG paratransit vehicles; and Revenue Miles vs. Passenger Trips — 4.3 million revenue miles and 4.5 million passenger trips • Transit and System improvements • Hydrogen basics, benefits, safety, and cost/benefit • SunLine's Technology Contribution • CARB Innovative Clean Transportation (ICT) Regulations and Transit Requirements • CARB Advanced Clean Truck (ACT) Regulations/Medium & Heavy Duty Requirements • SunLine's Hydrogen Program • Powering a Clean Tomorrow —Today: Potential Funding Sources; and How can we do it • Completed Training Modules — Advanced Technology Technician Training; Planning and executing ZEB's in service; Procurement Insights for ZEB purchases; and Leadership, mission, value creation for a successful ZEB program • Looking for Partners — Local Academic Institutions, Manufactures, Private Business; and Coachella Valley Leaders Riverside County Transportation Commission Minutes January 30-31, 2020 Page 7 There being no further business for consideration by the Riverside County Transportation Commission, the workshop adjourned at 7:15 p.m. The Commission Workshop will reconvene Friday, January 31 at 9:00 a.m. Respectfully submitted, Lisa Mobley Clerk of the Board Riverside County Transportation Commission Minutes January 30-31, 2020 Page 8 MINUTES Friday, January 31, 2020 The second day of the Riverside County Transportation Commission Workshop was called to order by Chair Ben J. Benoit at 9:00 a.m., at the Hilton Palm Springs Hotel, 440 E Tahquitz Canyon Way, Palm Springs, California. SB 743 — VMT — THE FUTURE IN CALIFORNIA IS CHANGING At this time, Commissioner V. Manuel Perez left the meeting. Anne Mayer welcomed and introduced Charity Schiller, Best Best and Krieger, LLP, to provide a presentation on the implementation of SB 743. She explained hearing Mark Watts at the legislative panel discussion from yesterday talking about a lot of conversation that is occurring in Sacramento about the fact that while there may not be any new legislation that's a big ticket for conversation implementation of law using policy and procedures this is going to be a very weak year. She then discussed the conversations in Sacramento about all the different priorities and there are really good goals and objectives but many of those policies are bumping up against each other. She expressed a lot of the conflict is going to come in under the SB 743, which is why Ms. Schiller is here to discuss the implementation of SB 743. Charity Schiller presented the details of SB 743, highlighting the following areas: • Background: o CEQA requires agencies to consider transportation and traffic impacts prior to approving projects o Historically, a delay -based metric has been used o Level of Service(LOS) measures how efficiently traffic flows through roadways and intersections on an A through F scale o LOS impacts are often mitigated through roadway efficiency improvements (widening, restriping, signalization, interchange improvements, connectivity between communities, and fair -share fees) o Separate from CEQA, LOS standards are also reflected in most city/county general plans • The state steps in: o By the early 2000s, there were growing concerns regarding greenhouse gases (GHG) and global warming: AB 32: Legislature recognizes global warming and establishes state-wide GHG reduction targets o State focues on the transportation -sector, sought to encourage infill, and tried to limit "sprawl": SB 375: Each Metropolitan Planning Organization must develop a Regional Transportation Plan that "caps" through a "Sustainable Communities Strategy" • The state's next step: SB 743: o SB 743 amended CEQA to require that transportation impacts in certain areas be analyzed using something other than LOS Riverside County Transportation Commission Minutes January 30-31, 2020 Page 9 o Legislature focused on Vehicle Miles Traveled (VMT) as the new metric o CEQA Guidelines 15064.3 confirmed that VMT is generally the most appropriate metric going forward • Is SB 743 a step forward or step back: o Extensive debate on whether VMT is "better" than LOS. (If your trip is only ten miles, but it takes you two hours to make that trip because of congestion, are you really reducing GHGs?) o Although intended to facilitate residential infill, does SB 743 unintentionally worsenthe housing crisis by making it harder/more expensive for less urbanized areas to build affordablehousing? o Doesn't the switch to VMT disproportionately affect development in areas that are not yet fully developed (like much of the Inland Empire)? • The bottom line requirement o Regardless of the uncertainty and arguments, agencies must change their method of analyzing traffic impacts in CEQA documents no later than July 1st.LOS/delay will no longer be considered a "impact" o VMT analysis is "generally" required o Caveat per Citizens for Positive Growth & Preservation v. City of Sacramento (cert. 12/2019). Argument that LOS is no longer a CEQA impact now • Why is the July 15t deadline important? o It flips traditional traffic impact analysis and mitigation on its head o Things that we once viewed as traffic mitigation because they reduced vehicle delay (i.e., new, wider, better roads), might now be viewed as causing a traffic impact because they arguably facilitate VMT in some circumstances • Why is the July 15t deadline important (continued)? o Issues re Cost/Timing:"If the [CEQA] document meets the content requirements in effect when the document is sent out for public review," it need not be updated (CEQA Guideline 15007) o But some real uncertainties with regard to documents that are in mid -preparation • Issues re how much VMT is "significant"? o Do agencies want a jurisdiction -wide threshold; a regional threshold; or attempt to address on a project -by -project basis o If VMT threshold is too low, an EIR will be required for virtually every project (Discourages development?) o If VMT threshold is too high, an EIR may never be required. (Illusory?) o OPR recommends a threshold of reducing VMT to a level of "15% below that of existing development" o What happens when thresholds conflict? o Any threshold must be supported by substantial evidence and be adopted through a public process • Issues re Caltrans and RTPs: o Caltrans working on a proposed VMT threshold o How will it apply when local sponsor (RCTC or others) are CEQA lead agency, but Caltrans review is required? Riverside County Transportation Commission Minutes January 30-31, 2020 Page 10 o Will RTPs re -focus on reducing VMTs, rather than facilitating vehicular circulation? • Issues re technical analysis: o CEQA process still fundamentally the same: describe project; calculate VMT impact; compare to threshold; mitigate if significant • However, technically complex: o How "far out" from Project site must VMT be calculated? When does it become speculative? o Particularly for transportation projects, how do we calculate the existing "baseline" VMT for purposes of evaluating the impact • Issues re mitigation: o CEQA requires all "feasible" mitigation for significant impacts o Greater emphasis on measures that reduce VMT (bicycles, pedestrian, train, busing, carpool) o But can we "feasibly" mitigate to a level of less -than -significant for large projects? o Large-scale mitigation comes with large-scale price tags. A regional mitigation approach may be an option • More issues re mitigation: o How to show that "mitigation" is additive (over and above what would normally happen)? o More pressure to "bundle" projects that reduce VMT with projects that increase VMT? A new way of looking at project planning? o If LOS is no longer an "impact," what does this mean for current "mitigation" schemes? • Litigation issues: o CEQA continues to be a cudgel for many groups o Every uncertainty is an opportunity for legal challenge o Litigation costs are especially tough on public projects without private sponsors — including nearly all transportation projects • With all the uncertainties around VMT, can agencies at least scratch LOS off their list? o Probably not. o LOS still used in many planning documents (e.g., general plans) o Land use consistency, land use adjacency, public health, and quality of life issues are tied to LOS in some jurisdictions o LOS goals might still be an important factor for decision -makers to weigh before acting on a proposed project At this time in the presentation of "Where do we go from here?" Charity Schiller turned it over to Anne Mayer to discuss. Anne Mayer explained wanting to bring this to the Commissioners' attention not only to ensure they are aware for their jurisdictions but also the practical implications for the Commission. She used the 1-15 Southern Extension as an example, as the Commission is starting the 1-15 Southern Extension environmental document, there have been public scoping meetings, issued a notice of preparation to the public, and it is likely going to be the Commission's first project that will have to analyze VMT as part of its traffic analysis. She expressed there is no guidance yet, the guidance Riverside County Transportation Commission Minutes January 30-31, 2020 Page 11 is being developed and collectively the transportation stakeholders are not actively engaged in that effort. She explained in order to reduce GHG emissions one of the most effective things that can be done is toll lanes and congestion pricing, which is the most effective way to reduce GHG emissions, however the 1-15 Express Lanes will reduce GHG but it will increase VMT and how does that get mitigated. She then discussed the Commission's options in working with other agencies in Southern California about six months ago and requested the Caltrans team in Headquarters putting this plan together to meet with them about the plan and the implications on project delivery. Anne Mayer stated this is being shared with the Commissioners in order to get input and direction. The Commissioners then discussed the following areas: Suggested to track VMT by businesses that open or businesses that have expanded and keeping track of how many people and coming up with VMT to link those two things together; have a program mitigation fee that goes to WRCOG to help fund this bill; suggested if the VMT is the next step to start having the tie to the individual consumers and having to do the travel paid through the VMT process; while focusing on exporting 400,000 people per day out of the County if they continue to focus inward instead of outward to get credit for that while trying to reduce the exportation of workers by virtue of investing in infrastructure that serves the County internally; suggested this is a dangerous law and that it favors urbanization; asked about the benefits of this law and encouraging more urban form as its important they balance the change with some positives that benefit here with this law; what is the incentive of San Francisco; who grades the A-F LOS; concurred there needs to be more housing when there are jobs, but the problem is there that there is no differentiation between Coast Mesa, Irvine, San Jacinto, and Coachella; and there needs to be a sliding scale on what's important because where they make the most money is going to dictate. It was requested to keep the Commissioners informed as this program progresses. Charity Schiller explained with the VMT and tying it to the individual consumers it could be and she then used San Francisco as an example, and discussed their incentive program to help drive less miles. Ms. Schiller concurred about getting credit for trying to reduce the exportation of workers by virtue of investing in infrastructure that serves the County internally. She stated from an analyst prospective they would want to look at a project if they are required to look at projects in terms of where everyone is driving they should also be able to claim credit or adjust the housing affects because that does reduce VMT on a regional basis that specific project appears to create VMT. Ms. Schiller explained the focus of transportation today was the challenges that came up with this law because of the risk of litigation, but the benefits they are urban with the legislative history and the guidelines, which are: responsibility of downtowns, prioritizing expenditure of funding on trails and bicycle projects, industrial improvements on railway expansions, basically given direction to put more effort towards those projects. The other benefit is hopefully in the long term it will reduce GHG emissions from the transportation sector. Charity Schiller stated not being familiar with San Francisco's program as San Francisco has a government based incentive program also private sector programs and the tracker used is on the privacy side of things. She stated the A-F LOS of standards are set in the local general plans for each jurisdiction. Riverside County Transportation Commission Minutes January 30-31, 2020 Page 12 Anne Mayer explained in addition to the technical aspects it is staff's recommendation like the ideas currently being shared that the Commission does everything it can in partnership with CVAG, WRCOG, and other partners to create their own mitigation programs as the state is in the process of creating mitigation programs. It is better to be proactive and create programs that work here based on what the Commissioners want staff to focus on than be told what to do. Anne Mayer stated this could be an opportunity to incentivize communities to have integrated planning. She expressed the problem is in the implementation the way it appears to be headed from an implementation standpoint is punitive not incentivizing. At this time, Commissioners Berkson, Gutierrez, Jeffries, Lorimore, and White left the meeting. ZERO FATALITIES TASK FORCE RECOMMENDATIONS Commissioner Lisa Middleton welcomed the Commissioners to the city of Palm Springs. She then presented a review of the draft of the final report for the Zero Fatalities Task Force, which could have some changes before this gets to final form. It is now resting with the Secretary of the California State Department of Transportation for his final approval before moving on to the Legislature. Commissioner Middleton presented the findings, highlighting the following areas: • 85th Percentile Rule • The Task Force Members included 40 people — Police Chiefs, Traffic Engineers, Academics in the Transportation Area, two Elected Officials, the city of Culver City Mayor, and Commissioner Middleton • The Task Force made 17 findings and 26 recommendations, which she then highlighted some of the findings • There are a set of changes being recommended and provided a basic idea behind how speed limits will be set in the future if the recommendations were approved by looking at a matrix • The matrix would include the following: o What type of roadway are we talking about o How many lanes of traffic are there o Is there or is there not a physical division of traffic o What type of division of traffic is there o What is the environment: rural, industrial, commercial, mixed, urban, or suburban and each of these would be a factor o What is the presence in the number of pedestrians and cyclists on the roadway and are pedestrians and cyclists even permit some maximum speeds are going to be on rural freeways with physical barriers between ongoing traffic, multiple lanes of traffic, no ability for pedestrians or cyclists to enter that roadway and there are a number of miles between the points of entry and points of exit on that freeway • Cities could establish a central business district this could be used to set the limits that were specific to their business district • Revise accordingly how the state of California sets the guidelines to make the guidelines easier to follow for municipalities all of which to reduce the average speed the people follow Riverside County Transportation Commission Minutes January 30-31, 2020 Page 13 • California allow automated speed control by the cameras to identify speeds and that each municipality could be allowed to set up cameras to watch speeds; There are provisions that this cannot be used to simply be an income generator for the municipalities The Commissioners then discussed the following areas: In 1970 the speed limit was 55 MPH and several years later it went up to 70 MPH - were there any problems with that and how did that affect the way of thinking here; local jurisdictions are going to have the ability to change their speed limits based off those matrix and jurisdictions have speed traps, how do they avoid that from a driver consumer prospective; and what is the timeline on this. Commissioner Middleton explained certainly the traffic engineers will say if you artificially take a speed down to below what is realistic for people to drive that driving 55 MPH in a middle of an open freeway found it is an unrealistic speed, and the goal is to not get down to unrealistic speeds. She stated one of the conversations over the course of being on this Task Force is the 85th Percentile Rule that is extremely efficient but there is no application of local knowledge in a setting of speed limits. In talking to people from San Francisco to rural parts of Northern California to Los Angeles and this region it is clear that everyone knows from driving and living in their communities where traffic issues are the worst, and not being given an opportunity to apply that knowledge when it comes to setting speed limits is a local control issue she wants to get back. Commissioner Middleton suggested the matrix as she has seen it laid out is one that is not going to give the municipality the ability to take in a rapid change of what a speed limit is going to be. Every city is going to be applying that matrix and there will be some differences from one city to another. Commissioner Middleton stated the timeline on this is about a little over two weeks past due to be released from the Secretary's office, it will then go out into the public and what they are expecting is that Assembly Member Laura Friedman is going to take those recommendations and turn them into a piece of legislation, which will probably be a 2021 introduction. Anne Mayer expressed appreciation and commended Commissioner Middleton for her participation on this Task Force as this Task Force is an example of how everyone can work well. She discussed how she had the opportunity to sit in briefly on one of the meetings and they are an impressive group of people throughout the state really committed to this idea of solving a problem that has been around for a long time and to do so in the name of safety. The Task Force has done a tremendous job and she looks forward to supporting from a staff perspective of the legislation that comes out. HIGHWAY TECHNOLOGY UPDATE Anne Mayer welcomed and introduced Darren Henderson, WSP to present Highway Technology and noted the Traffic Relief Strategy Committee received a brief presentation on this a couple of months ago. She explained Mr. Henderson has a great deal of expertise related to operations; he is going to discuss since we can't build our way out of it there are some potential solutions to make the system we have work better. Riverside County Transportation Commission Minutes January 30-31, 2020 Page 14 Darren Henderson introduced Daniel Suter, Transmax and Adam Myers, Transmax and then presented the Highway Technology Update: Smart Freeways the most important transportation strategy you've probably never heard of, highlighting the following areas: • Smart Freeways provides a new approach to fully control freeway operations: o Refines the way we use familiar highway traffic management technologies o Provides a comprehensive package of strategies to better manage freeway operations and optimize traffic flows • Smart Freeways uses technology to optimize freeway operations in real time: o Works by synchronizing the flow of vehicles entering and exiting the freeway to those already on the freeway o Provides real time demand management to control traffic and optimize overall freeway efficiency • Precise data and advanced system management technology are key to smart freeways o Can Include: o Frequent highly precise vehicle detection o Coordinated dynamic ramp metering o Land -use management systems: Variable speed limits; Variable lane control; and Shouldering running o Incident detection and CCTV surveillance o Traveler information o Comprehensive and coordinated ITS control system running advanced traffic algorithms • Strategic design considerations are integral to Smart Freeways effectiveness: o Can include: o Addressing mainline bottlenecks o On ramp queue storage and discharge o Merge lanes and weave areas o Off ramp discharge o Priority vehicle lanes and ramp queue bypass • Managed freeways is not a trivial matter: o Requires embracing a new holistic approach to freeway traffic operations ✓ Systems approach to freeway planning, design and operations ✓ Necessitates appropriate organizational and managerial support ✓ Must be implemented with a robust partnership with Caltrans • Smart Freeways are operating on multiple freeway corridors in Australia: o Initially developed by VicRoads o Melbourne's Managed Motorway system now extends over more than 100 miles of freeways o Also in operation in Brisbane • Smart Freeways is the only proven strategy to reliably control freeway operations: o Melbourne's throughput on Smart Freeways increased by up to 25% during the peak periods Riverside County Transportation Commission Minutes January 30-31, 2020 Page 15 o The economic benefits of the initial Smart Freeway made the business case for completing the entire network At this time, Daniel Suter presented the Smart Freeways case study: Bruce Highway, Brisbane, Australia, highlighting the following: • An image of the Bruce Highway in 2014—The challenge • Smart Freeways case study: Bruce Highway, Brisbane, Australia before managed freeways during AM peak period At this time, Darren Henderson presented the Smart Freeways case study in 2019, highlighting the following: • Smart Freeways case study in 2019: Bruce Highway, Brisbane, Australia after managed freeways during AM peak period • Smart Freeways is seeing increasing interest across North America: o Arizona, California, Colorado, Georgia, North Carolina, Utah and Ontario are doing or have done initial feasibility assessments ✓ Smart Freeways have been identified as a viable strategy for various freeway corridors • Smart Freeways is seeing increasing interest across North America: o CDOT is proceeding with a demonstration of Smart Freeways on NB 1-25 in Denver o Smart 25 includes: ✓ Strategic ramp modifications including freeway to freeway connectors ✓ Upgraded vehicle detection capabilities o SMART 25 elements include: ✓ Enhanced ITS control system using Transmax STREAMS ✓ Cloud based operations using VicRoads existing control algorithms o Construction is ongoing with operations scheduled to commence by fall 2020 • Smart Freeways in Riverside County o High level screening of freeways across the county to identify candidate locations o Evaluate existing traffic to develop conceptual design and cost for a potential pilot project • A graphic of moving rapid of flows before and after with site measures, speed, volume, and occupancy during 4:30 AM The Commissioners and the consultant team discussed the following: What is needed for the feasibility studies; the metering on ramps on the mainline; tweaking ramps and looking at the actual fees; Caltrans focus is on the mainline moving efficiently but with that comes a sacrifice to look at areas outside; if this technology works during concerts and holiday weekends in the Coachella Valley; and if the system is designed to be used in urban centers where there are municipal streets. At this time, Commissioner Hewitt left the meeting. Riverside County Transportation Commission Minutes January 30-31, 2020 Page 16 Anne Mayer expressed appreciation to the team for a great presentation and noted she authorized under her single signature authority this screening of the feasibility study and they are taking a look at locations throughout the County. They will come back with some high level recommendations and results as soon as it is received staff will be come back to the Commission with a presentation. Received and discussed information on the use of technology for traffic relief strategies. PUBLIC ENGAGEMENT UPDATE FOR DRAFT TRAFFIC RELIEF PLAN Aaron Hake, External Affairs Director, presented the public engagement update for the Draft Traffic Relief Plan, highlighting the following: • Early qualitative results: January 9-23, 2020, for the roads, freeways, interchanges, trains, buses, help with My Commute, trails and technology • Our communication tools: Social Media, email notices; digital radio; presentations to city councils, service clubs, industry groups; earned media; member agencies; billboards; mail (English/Spanish); Tele-town hall meetings; and community events • Traffic Relief Plan new coverage Aaron Hake discussed the various comments being received. Received information regarding recent and upcoming public engagement for the Draft Traffic Relief Plan. RECAP AND FINAL THOUGHTS Chair Benoit expressed appreciation to everyone that attended the workshop and for a great job. Anne Mayer expressed staffs' appreciation for the Commissioners attendance as the Chair mentioned this has been the most significant attendance from Commissioners. She expressed gratitude for the Commissioners' feedback and input and received a lot of good policy direction so staff will be implementing the Commissioners' direction in the coming months. There being no further business for consideration by the Riverside County Transportation Commission, the workshop adjourned at 10:50 a.m. Respectfully submitted, Lisa Mobley Clerk of the Board AGENDA ITEM 7A RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Deputy Director of Finance THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Sales Tax Analysis BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the sales tax analysis for Quarter 2, 2019. BACKGROUND INFORMATION: At its December 2007 meeting, the Commission awarded an agreement with MuniServices, LLC (MuniServices), an Avenu Company, for quarterly sales tax reporting services plus additional fees contingent on additional sales tax revenues generated from the transactions and use tax (sales tax) audit services. As part of the recurring contracts process in June 2018, the Commission approved a five-year extension through June 30, 2023. The services performed under this agreement pertain to only the Measure A sales tax revenues. Since the commencement of these services, MuniServices submitted audits, which reported findings and submitted to the California Department of Tax and Fee Administration (CDTFA), for review and determination of errors in sales tax reporting related to 1,077 businesses. Through 2Q 2019, the CDTFA approved 615 of these accounts for a cumulative sales tax recovery of $10,258,416. If CDTFA concurs with the error(s) for the remaining claims, the Commission will receive additional revenues; however, the magnitude of the value of the remaining findings was not available. It is important to note that while the recoveries of additional revenues will be tangible, it will not be sufficient to alter the overall trend of sales tax revenues. MuniServices provided the Commission with the Quarterly Sales Tax Digest Summary report for 2Q 2019. Most of the 2Q 2019 Measure A sales tax revenues were received in the third quarter of calendar year 2019, during July 2019 through September 2019, due to a lag in the sales tax calendar. The summary section of the 2Q 2019 report is attached and includes an overview of California's economic outlook, local results, historical cash collections analysis by quarter, top 25 sales/use tax contributors, historical sales tax amounts, annual sales tax by business category, and five-year economic trend for significant business category (general retail). Taxable transactions for the top 25 contributors in Riverside County generated 24.4 percent of taxable sales for the benchmark year ended 2Q 2019, slightly higher than the 23.1 percent for Agenda Item 7A 1 the benchmark year ended 2Q 2018. The top 100 tax contributors generated 39.1 percent for the benchmark year ended 2Q 2019, slightly higher than the 37.7 percent for the benchmark year ended 2Q 2018. In the Economic Category Analysis below, five of the six categories experienced new highs in the 2Q 2019 benchmark year compared to the prior eight benchmark years. The Business to Business category is slightly below the 2Q 2018 benchmark year due to the closure of medical equipment companies in the 2Q 2019 benchmark year. ECONOMIC CATEGORY ANALYSIS %of Total / %Change RCTC State Wide Orange County San Bernardino County S.F. Bay Area Sacramento Valley Central Valley South Coast North Coast Central Coast General Retail 28.2/5.9 28.6/3.5 30.4/5.0 26.9/1 25.5/2.5 27/5.1 28.4/0.3 28.6/4 30.1/3.8 28.0/1.4 Food Products 17.9/2.5 22.8/6.5 22.1/8.2 17.7/6.5 24.6/6.9 18.1/4.5 17.5/7.0 24.7/6.3 16.8/-12.8 35.8/14.6 Transportation 24.5/3.3 25.3/6.8 25.4/11.7 29.5/1.9 23.7/9.6 29.5/5.7 27.6/6.8 24.7/7.5 27.9/-16.7 23.0/2.3 Construction 11.0/6.4 9.9/2.7 8.8/-1.2 9.9/8.6 10.4/1.8 12.8/-0.7 12.6/3.2 9.2/4.5 16.6/-4.7 9.1/14.0 Business to Business 15.9/-0.3 12.5/-10.7 12.2/-10.5 14.2/-2.8 14.9/-11.3 11.7/-4.3 13.2/9.0 11.9/-11.8 8.2/-7.8 3.5/-26.8 Miscellaneous 2.5/4.5 0.9/-21.7 1.1/13.7 1.8/-3.0 0.9/-19.8 0.9/-17.2 0.8/-39.6 0.9/-21.6 0.4/-40.6 0.6/-29.1 Total 100.0/3.6 100.0/2.5 100.0/4.6 100.0/2.3 100.0/2.4 100.0/3.0 100.0/4.1 100.0/2.9 100.0/-8.1 100.0/5.3 General Retail: Apparel Stores, Department Stores, Furniture/Appliances, Drug Stores, Recreation Products, Florist/Nursery, and Misc. Retail Food Products: Restaurants, Food Markets, Liquor Stores, and Food Processing Equipment Construction: Building Materials Retail and Building Materials Wholesale Transportation: Auto Parts/Repair, Auto Sales - New, Auto Sales - Used, Service Stations, and Misc. Vehicle Sales Business to Business: Office Equip., Electronic Equip., Business Services, Energy Sales, Chemical Products, Heavy Industry, Light Industry, Leasing, Biotechnology, I.T. Infrastructure, and Green Energy Miscellaneous: Health & Government, Miscellaneous Other, and Closed Account Adjustments An analysis of sales tax performance through 2Q 2019 is attached and illustrates fairly consistent cycles for sales tax performance for most of the economic categories since 2Q 2014. For 9 of the top 10 segments (restaurants, auto sales -new, department stores, miscellaneous retail, building materials -wholesale, food markets, apparel stores, building materials -retail, and heavy industry) during the eight benchmark year quarters, sales tax receipts reached a new high point. The segments represent 62 percent of the total sales tax receipts. Service stations representing 7.2 percent was higher than the last five benchmark year quarters since 2Q 2014. The top 10 segments represent 69.2 percent of the total sales tax receipts. For the other 21 segments representing 30.8 percent of the total sales tax receipts, 11 segments representing 14.7 percent of the total sales tax receipts reached new high points in the benchmark year 2Q 2019. In the Economic Segments Analysis below, auto sales -new and department stores have been in the top three economic segments. Restaurants replaced service stations in the top three economic segments beginning in 4Q 2014. The service stations segments high occurred in 4Q 2012 and declined through 1Q 2017 due to lower fuel prices; the 2Q 2019 benchmark year quarter for service stations reflects an increase over the last five benchmark year quarters since 2Q 2014 due to higher fuel prices. Agenda Item 7A 2 ECONOMIC SEGMENT ANALYSIS RCTC State Wide Orange County San Bernardino County S.F. Bay Area Sacramento Valley Central Valley South Coast North Coast Central Coast Largest Segment Restaurants Restaurants Restaurants Restaurants Restaurants Restaurants Department Stores Restaurants Department Stores Restaurants % of Total / % Change 11.6/4.2 16.7/8.8 16.4/9.8 12.0/5.4 18.3/9.4 12.6/7.3 12.9/7.8 18.6/8.6 12.2/15.2 25.9/17.6 2nd Largest Segment Auto Sales - New Auto Sales - New Auto Sales - New Service Stations Auto Sales - New Auto Sales - New Restaurants Auto Sales - New Auto Sales - New Auto Sales - New ofTotal /%Change 11.0/0.8 12.1/9.5 13.9/20.6 11.0/2.7 12.0/12.6 11.9/3.0 11.8/11.1 12.0/11.3 11.2/-13.1 11.9/2.6 3rd Largest Segment Department Stores Department Stores Department Stores Department Stores Department Stores Department Stores Auto Sales - New Department Stores Restaurants Misc Retail % of Total / % Change 9.9/7.2 9.7/5.1 9.6/7.0 10.7/11.2 7.4/3.6 10.9/6.8 10.9/6.4 9.0/5.0 10.1/15.4 10.1/6.7 As reported in the 3Q 2018 Sales Tax Analysis Report, staff notified the Commission of a reporting error by one of the top 25 sales/use tax contributors related to a misallocation of the district tax to the Commission during 2Q 2018 through 4Q 2018, resulting in an overpayment to the Commission estimated in the amount of $2.5 million. Staff is not certain in which period the misallocation correction will be completed; however, the Fiscal Year 2019/20 sales tax revenues after the correction are expected to continue to reflect an increase over the FY 2018/19 revenues. Information regarding sales tax comparison by city and change in economic segments (two highest gains and two highest losses) from 2Q 2018 to 2Q 2019 is attached. Staff continues to monitor sales tax receipts and other available economic data to determine the need for any adjustments to the revenue projections. Staff will utilize the forecast scenarios with the complete report and receipt trends in assessing such projections. Attachments: 1) Sales Tax Digest Summary 2Q 2019 2) Sales Tax Performance Analysis by Quarter 2Q 2019 3) Quarterly Sales Tax Comparison by City for 2Q 2018 to 2Q 2019 Approved by the Budget and Implementation Committee on February 24, 2020 In Favor: 9 Abstain: 0 No: 0 Agenda Item 7A 3 ATTACHMENT 1 Riverside County Transportation Commission Sales Tax Digest Summary Collections through September 2019 Sales through June 2019 (2019Q2) CALIFORNIA'S ECONOMIC OUTLOOK California sales tax receipts increased by 16.2% over the same quarter from the previous year, with Northern California reporting a 16.5% increase compared to 16.0% for Southern California. Receipts for the RCTC increased by 20.8% over the same periods. Unprecedented increases were due to the California Department of Tax and Fee Administration implementation of a new reporting system and delay in the processing of many sales tax returns filed for the same quarter from the previous year. • California GDP: in 2019Q2 was 1.9% change from 2018Q2. From 2019Q1 to 2018Q1 was 2.7%; previous quarter results for 2018Q4 to 2017Q4 was 2.2%. (BEA, November 7, 2019) • California's Sales and Use Tax: For July to September 2019 (first three months of the fiscal year) were $77 million below forecast. Receipts for September were $52 million above the month's forecast of $2.098 billion. Personal Income Tax: $420 million below forecast. Revenues for September were $401 million below the month's forecast of $8.65 billion. Corporation Tax: July to September 2019 were $682 million above forecast. (DOE, October 2019) • Statewide Sales Tax Receipts: changed by 2.0% as compared to the same quarter from prior year. LOCAL RESULTS Net Cash Receipts Analysis Local Collections Share of County Pool 0.0% Share of State Pool 0.0% SBE Net Collections Less: Amount Due County 0.0% Less: Cost of Administration Net 2Q2019 Receipts Net 2Q2018 Receipts Actual Percentage Change 49,801,343 0 0 49,801,343 .00 (548,970) 49,252,373 40,788,679 20.8% Business Activity Performance Analysis Local Collections — Economic Basis 2Q2019 Local Collections — Economic Basis 2Q2018 Quarter over Quarter Change Quarter over Quarter Percentage Change $50,233,521 $47,919,063 2,314,458 4.8.% Avenu Insights & Analytics' On -Going Audit Results Total Recovered Year to Date $10,791,025 www.avenuinsights.com (806) 800-8181 Page 1 RCTC HISTORICAL CASH COLLECTIONS ANALYSIS BY QUARTER $60,000 $50,000 $40,000 $30,000 $20,000 $10, 000 $- (in thousands of $) ■ 1Q2017 2Q2017 3Q2017 4Q2017 1Q2018 2Q2018 3Q2018 4Q2018 1Q2019 2Q2019 Net Receipts }CDTFAAdmin Fees Due $600 $500 $400 $300 $200 $100 5- TOP 25 SALES/USE TAX CONTRIBUTORS The following list identifies RCTC's Top 25 Sales/Use Tax contributors. The list is in alphabetical order and represents sales from June 2018 to May 2019. The Top 25 Sales/Use Tax contributors generate 24.4% of RCTC's total sales and use tax revenue. AMAZON.COM ARCO AM/PM MINI MARTS BEST BUY STORES CARMAX THE AUTO SUPERSTORE CHEVRON SERVICE STATIONS CIRCLE K FOOD STORES CONSOLIDATED ELECTRICAL DISTRIBUTORS COSTCO WHOLESALE DEPARTMENT OF MOTOR VEHICLES FERGUSON ENTERPRISES FOOD 4 LESS HOME DEPOT KOHL'S DEPARTMENT STORES LOWE'S HOME CENTERS MACY'S DEPARTMENT STORE MCDONALD'S RESTAURANTS RALPH'S GROCERY COMPANY ROSS STORES SAM'S CLUB SHELL SERVICE STATIONS STATER BROS MARKETS TARGET STORES TESLA VERIZON WIRELESS WAL MART STORES www.avenuinsights.com (800) 800-8181 Page 2 5 RCTC HISTORICAL SALES TAX AMOUNTS The following chart shows the sales tax level from annual sales through June 2019, the highs, and the lows for each segment over the last two years in thousands of $. $20,000 $15,000 $10,000 $5,000 $0 1 1 I• • • 2Q2019 • High • Low I ��a� �e 5�0� Qe� `o �r▪ 5 ale 5�0� mew a�y� 5�a �e' �� 0�5 e�w ��5 �` tee ��s \o �e ova �e aye ��c 4a ooa 9a �a �J het 0�a� F QQ a% �e O �y ANNUAL SALES TAX BY BUSINESS CATEGORY 2Q2019 1Q2019 402018 3Q2018 2Q2018 1Q2018 4Q2017 3Q2017 2Q2017 1Q2017 (in thousands of $) 54,108 34,335 47,158 21,120 30,266 4,870 30,775 4,845 54,151 34,242 46,782 20,672 54,899 33,783 46,783 20,524 30,908 3,048 53,010 32,719 47,586 20,600 31,229 3,425 51,487 30,465 45,832 18,871 29,260 3,494 49,916 32,358 45,302 20,733 29,748 4,602 50,062 31,821 44,312 18,908 29,826 4,140 49,772 30,277 45,032 18,356 29,299 4,020 49,595 29,172 J 43,561 17,786 27,822 3,284 48,419 30,88 43,466 19,004 28,542 4,189 $ 0 $ 20,000 $ 40,000 $ 60,000 $ 80,000 $ 100,000 $ 120,000 $ 140,000 $ 160,000 $ 180,000 $ 200,000 • General Retail • Food Products • Transportation • Construction • Business To Business • Miscellaneous www.avenuinsights.com (806 0) 800-8181 Page 3 RCTC FIVE-YEAR ECONOMIC TREND: General Retail $18,000 $16,000 $14,000 $12,000 $10,000 $8,000 $6,000 $4,000 $2,000 $0 (in thousands of $) v ul lfl lfl l.fl lD l0 lD lD N N N N. 00 00 00 00 01 Dl 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N Es} N N N N N N N N N N N N N N N a Pi P f a a www.avenuinsights.com (800) 800-8181 Page 4 7 RCTC: Sales Tax Performance Analysis by Quarter ATTACHMENT 2 TOTAL TOTAL $60,000,000 - $50, 000, 000 - $40, 000, 000 $30, 000, 000 $20, 000, 000 $10,000,000 $0 O- O- O- O- 0- Crr 0- O- O- O- O- 'V 'V '1/ ry '1, '1, ,y0 'V 'V 'V 'V Q3 Q4 Q1 Q2 Economic CATEGORY TOTAL $18,000,000 2019Q2 QoQ %A QoQ $� YoY %0 YoY $A $50,233,521 4.8% $2,314,458 4.1% $7,572,058 $16, 000, 000 GENERAL RETAIL $13 ,271,893 2019Q2 QoQ %A QoQ $A YoY %A YoY $A $14,000,000 7.5% $921,818 5.9% $3,025,769 % of 2019Q2 Total: 26.4% $12,000,000 FOOD PRODUCTS 2019Q2888, QoQ %A QoQ $A YoY %A YoY $A $10,000,000 $8,ofTota6 2.6% $224,925 2.5% $842,816 of Total: 17.7% $8,000,000 TRANSPORTATION 2019Q2 QoQ %A QoQ $A YoY %A YoY $� $12,386,774 3.2% $384,701 3.3% $1,486,802 $6,000,000 % of Total: 24.7% I CONSTRUCTION $4,000,000 2019Q2 QoQ %A QoQ $.6 YoY %A YoY $� $2, 000, 000 $5,644,961 4.9% $264,523 6.4% $1,269,148 % of Total: 11.2% BUSINESS TO BUSINESS 2019Q2 QoQ %A $7,896,899 1.3% % of Total: 15.7% QoQ $.6 YoY %A YoY $A $98,587 -0.3%-$78,380 QoQ = 19Q2 / 18Q2 YoY = YE 19Q2 / YE 18Q2 8 Avenu Insights & Analytics RCTC: Quarterly Comparison of 2018Q2 and 2019Q2 (April through June Sales) w m H m General Retail Food Products 0 O CO O Construction N A ?; Apr - Jun 2019 Apr - Jun 2018 (2019Q2) (201802) % Chg Gain Gain ATTACHMENT 3 Decline Decline RIVERSIDE COUNTY . ■ BANNING 5.8% -0.2% -6.0% 2.0% 9.5% 15.3% 606,286 614,339 -1.3% MISCELLANEOUS RETAIL DRUG STORES AUTO SALES - NEW MISC. VEHICLE SALES BEAUMONT -1.5% 9.3% 7.4% 3.9% 0.5% 37.1% 1,178,800 1,134,736 3.9% SERVICE STATIONS RESTAURANTS FURNITURE/APPLIANCE MISC. VEHICLE SALES BLYTHE -4.0% 5.5% -14.5% 15.4% -28.5% 223.3% 338,681 369,182 -8.3% RESTAURANTS BLDG.MATLS-RETAIL AUTO SALES- NEW SERVICE STATIONS CALIMESA 8.4% 5.1% 3.7% -11.8% -9.4% 32.4% 216,885 208,164 4.2% SERVICE STATIONS FOOD MARKETS AUTO SALES - USED CHEMICAL PRODUCTS CANYON LAKE -9.5% 1.4% -0.4% -2.5% 247.5% 52.4% 76,187 65,428 16.4% FOOD MARKETS MISC. VEHICLE SALES RESTAURANTS SERVICE STATIONS CATHEDRAL CITY -4.7% 0.3% 4.2% -17.2% 6.2% -16.2% 2,204,186 2,164,584 1.8% SERVICE STATIONS AUTO SALES - NEW BLDG.MATLS-WHSLE FOOD MARKETS COACHELLA 32.3% 7.6% 0.6% 32.8% 4.8% 78.9% 882,060 822,162 7.3% DRUG STORES FOOD MARKETS AUTO SALES - USED LIGHT INDUSTRY CORONA 5.2% 1.9% -5.7% 11.5% -1.2% -60.4% 10,233,615 10,062,118 1.7% BLDG.MATLS-WHSLE MISCELLANEOUS RETAIL HEAVY INDUSTRY AUTO SALES - NEW COUNTY OF RIVERSIDE -3.5% 4.2% -6.7% -7.9% 1.1% -69.4% 7,321,690 7,576,936 -3.4% FOOD MARKETS MISCELLANEOUS RETAIL APPAREL STORES BLDG.MATLS-WHSLE DESERT HOT SPRINGS -2.3% 5.0% 6.3% 1.6% 1.7% 6.4% 403,226 388,587 3.8% SERVICE STATIONS RESTAURANTS HEAVY INDUSTRY DEPARTMENT STORES EASTVALE 39.0% -11.1% -12.2% -9.7% 1.4% 127.0% 2,024,555 1,928,520 5.0% DEPARTMENT STORES RESTAURANTS MISCELLANEOUS RETAIL FOOD PROCESSING EQP HEMET 2.5% -0.9% 9.3% 0.2% 12.1% -13.0% 2,820,233 2,677,807 5.3% AUTO SALES - NEW SERVICE STATIONS FURNITURE/APPLIANCE AUTO SALES - USED INDIAN WELLS 4.1% 18.5% 100.0% 169.8% -14.1% -33.2% 266,636 235,846 13.1% RESTAURANTS MISCELLANEOUS RETAIL RECREATION PRODUCTS APPAREL STORES INDIO 13.8% 0.6% -4.9% 7.8% 17.5% 40.8% 2,931,375 2,823,361 3.8% DEPARTMENT STORES BLDG.MATLS-WHSLE SERVICE STATIONS AUTO SALES - USED JURUPA VALLEY -17.8% 5.6% -9.0% 16.7% 56.0% -41.3% 3,246,585 2,797,985 16.0% HEAVY INDUSTRY DEPARTMENT STORES MISCELLANEOUS RETAIL LEASING LA QUINTA -0.9% 10.3% 0.5% 15.4% -1.0% 19.9% 2,050,387 1,973,411 3.9% RESTAURANTS BLDG.MATLS-RETAIL MISCELLANEOUS RETAIL SERVICE STATIONS LAKE ELSINORE 5.6% 3.5% 1.0% 0.2% 11.9% -24.1% 2,352,003 2,262,701 3.9% RESTAURANTS AUTO SALES - NEW FOOD MARKETS AUTO PARTS/REPAIR MENIFEE 3.7% 17.2% -5.6% 24.8% -7.1% -79.0% 1,988,167 1,883,659 5.5% FOOD MARKETS RESTAURANTS MISC. VEHICLE SALES ENERGY SALES MORENO VALLEY -1.8% 7.4% -1.7% 6.4% -13.6% 17.7% 4,606,430 4,583,687 0.5% DEPARTMENT STORES FOOD MARKETS SERVICE STATIONS FURNITURE/APPLIANCE MURRIETA 6.4% 5.2% 5.7% -0.5% -12.8% -2.2% 4,220,341 4,106,912 2.8% DEPARTMENT STORES MISCELLANEOUS RETAIL SERVICE STATIONS BUSINESS SERVICES NORCO 2.1% 7.5% 4.8% 4.5% 0.2% -26.7% 1,688,661 1,623,489 4.0% AUTO SALES - USED RESTAURANTS AUTO SALES - NEW MISC. VEHICLE SALES PALM DESERT 4.5% 7.2% -20.8% 7.8% -1.5% 234.8% 4,342,766 4,168,734 4.2% DEPARTMENT STORES MISCELLANEOUS OTHER AUTO SALES - NEW LEASING PALM SPRINGS 3.7% 5.2% 14.6% 8.1% 4.9% -35.5% 3,355,107 3,161,465 6.1% AUTO SALES - NEW RESTAURANTS HEALTH & GOVERNMENT AUTO SALES - USED PERRIS 37.1% 8.4% -21.0% 282.9% -15.4% 48.8% 5,526,998 4,195,423 31.7% BLDG.MATLS-RETAIL FURNITURE/APPLIANCE SERVICE STATIONS HEAVY INDUSTRY RANCHO MIRAGE -1.9% -2.0% 4.8% 5.1% 26.4% 20.8% 1,335,391 1,269,579 5.2% AUTO SALES - NEW MISCELLANEOUS RETAIL RESTAURANTS FURNITURE/APPLIANCE RIVERSIDE -3.3% 6.4% 0.1% -5.0% 5.2% -6.8% 14,856,610 14,734,502 0.8% FOOD MARKETS AUTO SALES - NEW BLDG.MATLS-WHSLE MISCELLANEOUS RETAIL SAN JACINTO 3.8% 4.5% 2.6% -25.9% -8.1% -59.3% 726,843 721,178 0.8% DEPARTMENT STORES RESTAURANTS HEALTH & GOVERNMENT BLDG.MATLS-WHSLE TEMECULA 2.0% 7.3% -0.3% -8.7% 5.1% -36.9% 8,274,636 8,121,407 1.9% LIGHT INDUSTRY DEPARTMENT STORES SERVICE STATIONS BLDG.MATLS-WHSLE WILDOMAR -9.1% 19.7% -9.5% -10.8% -14.2% -94.7% 457,420 529,079 -13.5% FOOD MARKETS RESTAURANTS HEALTH & GOVERNMENT SERVICE STATIONS Non -Confidential 9 Avenu Insights & Analytics AGENDA ITEM 7B RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Jose Mendoza, Senior Procurement Analyst Matt Wallace, Procurement Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Single Signature Authority Report BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Single Signature Authority report for the second quarter ended December 31, 2019. BACKGROUND INFORMATION: Certain contracts are executed under single signature authority as permitted in the Commission's Procurement Policy Manual adopted in September 2019. The Executive Director is authorized to sign services contracts that are less than $250,000 individually and in an aggregate amount not to exceed $1.5 million in any given fiscal year. Additionally, in accordance with Public Utilities Code Section 130323(c), the Executive Director is authorized to sign contracts for supplies, equipment, materials, and construction of all facilities and works under $50,000 individually. The attached report details all contracts that have been executed for the second quarter ended December 31, 2019, under the single signature authority granted to the Executive Director. The unused capacity of single signature authority for services at December 31, 2019 is $1,200,036. Attachment: Single Signature Authority Report as of December 31, 2019 Approved by the Budget and Implementation Committee on February 24, 2020 In Favor: 9 Abstain: 0 No: 0 Agenda item 7B 10 CONTRACT# 20-31-020-00 20-31-024-00 SINGLE SIGNATURE AUTHORITY AS OF December 31, 2019 CONSULTANT DESCRIPTION OF SERVICES ORIGINAL CONTRACT PAID AMOUNT REMAINING AMOUNT CONTRACT AMOUNT AMOUNT AVAILABLE July 1, 2019 $1,500,000.00 WSP USA, Inc. Managed Freeways - Pre -design report and conceptual design plans 249,983.00 0.00 249,983.00 California Highway Patrol Construction Zone Enhancement Program (COZEEP) for SR-91 Pachappa Project 49,981.00 0.00 49,981.00 AMOUNT USED AMOUNT USED AMOUNT REMAINING through December 31, 2019 299,964.00 299,964.00 $1,200,036.00 None Agreements that fall under Public Utilities Code 130323 (C) N/A $- $- $- Jose Mendoza Prepared by Theresia Trevino Reviewed by Note: Shaded area represents new contracts listed in the second quarter. 11 AGENDA ITEM 7C RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Deputy Director of Finance THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement with Eide Bailly for Audit Services BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Award Agreement No. 20-19-021-00 to Eide Bailly LLP (Eide Bailly) for audit services for a three-year term, with three one-year options to extend the agreement, for $1,461,198, plus a contingency in the amount of $138,802, for a total amount not to exceed $1.6 million; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreement, including options years, on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for these audit services. BACKGROUND INFORMATION: In accordance with state law and various debt indentures and agreements, the Commission is required annually to publish its financial statements with a report from independent certified public accountants providing an opinion that such financial statements are presented in accordance with generally accepted accounting principles and were audited in accordance with generally accepted auditing standards. The Commission's current auditor, Macias Gini & O'Connell LLP (MGO), was awarded a five-year agreement in April 2015; this agreement has been amended periodically by the Commission in connection with additional audit reports required for express lanes operations and new federal and state funding source reporting and is expiring. Accordingly, staff commenced a competitive procurement for audit services related to the Commission's financial statements. The following table summarizes the scope of audit services required for term of the new audit services agreement: Agenda Item 7C 12 Task Task Description 1 Annual Audit of Commission (CAFR), including Required Communications to the Board of Commissioners and Management Letter, as applicable 2 Local Transportation Fund Audit 3 State Transit Assistance Fund Audit 4 State of Good Repair Audit 5 Proposition 1 B Rehabilitation, Safety, and Security Accounts Audit 6 Low Carbon Transit Operations Program Accounts Audit 7 91 Express Lanes Audit 8 15 Express Lanes Audit 9 Single Audit, including Draft of Data Collection Form 10 Compliance with Covenants and Provisions of the Reimbursement Agreement 11 Appropriations Limit Calculation Agreed -Upon Procedures 12 Measure A Commuter Assistance Agreed -Upon Procedures 13 NTD Vanpool Program Agreed -Upon Procedures 14 Pension Accounting 15 OPEB Accounting Procurement Process Staff determined the weighted factor method of source selection to be the most appropriate for this procurement, as it allows the Commission to identify the most advantageous proposal with price and other factors considered. Non -price factors include elements such as qualifications of firm and personnel and understanding and approach for audit services as set forth under the terms of Request for Proposals (RFP) No. 20-19-021-00. RFP No. 20-19-021-00 for audit services was released by staff on November 26, 2019. A public notice was advertised in the Press Enterprise, and the RFP was posted on the Commission's PlanetBids website, which is accessible through the Commission's website. Utilizing PlanetBids, emails were sent to 289 firms, 40 of which are located in Riverside County. Through the PlanetBids site, 18 firms downloaded the RFP, and 3 of these firms are located in Riverside County. Staff responded to all questions submitted by potential proposers prior to the December 11 clarification deadline date. Seven firms — Brown Armstrong Accountancy Corporation (Bakersfield), Eadie + Payne LLP (Riverside), Eide Bailly LLP (Riverside), MGO (Newport Beach), Sotomayor & Associates, LLP (Pasadena), The Pun Group LLP (Santa Ana), Vasquez & Company LLP (Glendale) — submitted responsive proposals prior to the 2:00 p.m. submittal deadline on January 8. Utilizing the evaluation criteria set forth in the RFP, all firms were evaluated and scored by an evaluation committee comprised of Commission staff. Based on the evaluation committee's assessment of the written proposals and pursuant to the terms of the RFP, the evaluation committee short listed and invited 3 firms to the interview phase of the evaluation and selection process. Interviews of the shortlisted firms — Eide Bailly, MGO and The Pun Group LLP — were conducted on February 3, 2020. Agenda Item 7C 13 As a result of the completion of the evaluation process, the evaluation committee recommends contract award to Eide Bailly to perform the Commission's audits for a three-year term, with three one-year options to extend the agreement, as this firm earned the highest total evaluation score. Eide Bailly's proposed cost for the audit services also ranked first among the three short-listed proposers; cost represented 15 percent of the total written evaluation score. A summary of the proposed costs submitted with the written proposals and the total evaluation score rankings following the final evaluation are summarized below: Audit Firm Eide Bailly MGO Proposed Cost First 3 Years 3 Option Years Total Total Evaluation Score Rank $ 692,191 $ 769,007 $ 1,461,198 1 The Pun Group LLP 798,799 723,000 933,341 799,132 1,732,140 1,522,132 2 3 Proposing firms submitted proposed fees for an audit report on the 15 Express Lanes and agreed - upon procedures related to the National Transit Database (NTD) Vanpool Program beginning with the Fiscal Year 2020/21 audit. Staff also recommends a $138,802 contingency for other potential scope changes such as, but not limited to, the following: • The NTD Vanpool Program reaching the threshold of 100 vehicles operated in maximum service for the FY 2019/20 audit; • Additional audits required by new funding sources and laws and regulations; • Additional audit services and consultation regarding complex transactions or matters such as the implementation of new financial system software and accounting standards, including Governmental Accounting Standards Board Statement No. 87 related to leases required to be implemented in the FY 2020/21 audit; and • Procedures and/or reporting related to new debt issues. Accordingly, staff recommends the award of an agreement for audit services for a three-year period and three additional one-year options to Eide Bailly for a total amount of $1.6 million. The Commission's standard form professional services agreement will be entered into with Eide Bailly subject to any changes approved by the Executive Director, pursuant to legal counsel review. Staff also recommends authorization for the Chair or Executive Director to execute the agreement, including option years, and for the Executive Director or designee to approve contingency work as required for these audit services. Agenda Item 7C 14 Financial Information In Fiscal Year Budget: Yes Year: FY 2019/20 Amount: $30,000 N/A FY 2020/21+ $1,570,000 2009 Measure A, Transportation Source of Funds: Development Act, Transportation Budget Adjustment: No Uniform Mitigation Fee, Motorist N/A Assistance funds, and Toll revenues GL/Project Accounting No.: 001001 65401 00000 0001 101 19 65401 Fiscal Procedures Approved: \I"-e4.idzeat Date: 02/10/2020 Attachment: Draft Agreement No. 20-19-021-00 with Eide Bailly Approved by the Budget and Implementation Committee on February 24, 2020 In Favor: 10 Abstain: 0 No: 0 Agenda Item 7C 15 Agreement No. 20-19-021-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR AUDIT SERVICES WITH EIDE BAILLY LLP 1. PARTIES AND DATE. This Agreement is made and entered into this _ day of , 2020, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Co- mmission") and EIDE BAILLY LLP ("Consultant"), a Limited Liability Partnership. 2. RECITALS. 2.1 Consultant desires to perfo and ass responsibility for the provision of certain professional consulting sery s re ed by C mission on the terms and conditions set forth in this Agreement. Con epresents that it is a professional consultant, experienced in providing audit servic o public clients, is licensed in the State of California, and is familiar with tof ission. 2.2 Commission • -sires enga�'je Consultant to render certain consulting services for the au'�ti 'ces the Commission ("Project") as set forth herein. 3.1 • eral Sv pe of Services. Consultant promises and agrees to furnish to Commission . .b' aterials, tools, equipment, services, and incidental and customary work necesso fully and adequately provide professional consulting services and advice on various issues affecting the decisions of Commission regarding the Project and on other programs and matters affecting Commission, hereinafter referred to as "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations. 3.2 Term. The term of this Agreement shall be from the date first specified above to June 30, 2023, unless earlier terminated as provided herein. The Commission, at its sole discretion, may extend this Agreement for three (3) additional single year terms through June 30, 2026. Consultant shall complete the Services within 17336.00000\8752982.1 16 the term of this Agreement and shall meet any other established schedules and deadlines. 3.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Audit Schedule set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required 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 the Commission, Consultant shall provide a more detailed schedule of anticipated performance to meet the Audit Schedule. 3.4 Independent Contractor; Control and P. ent of Subordinates. The Services shall be performed by Consultant under its dpervision. Consultant will determine the means, method and details of perfor e Services subject to the requirements of this Agreement. Commission ret Co Itant on an independent contractor basis and Consultant is not an emplo of Comm .n. Consultant retains the right to perform similar or different ser ' s fo thers • ring the term of this Agreement. Any additional personnel performs ervices under this Agreement on behalf of Consultant shall not be employees of Co ssion and shall at all times be under Consultant's exclusive direction and con . •nsul shall pay all wages, salaries, and other amounts due such personnel in con ctio h it performance of Services under this Agreement and as required • .w. Itan shall be responsible for all reports and obligations respecting suc ,.. naI . sonnel, including, but not limited to: social security taxes, income t. with sing, employment insurance, and workers' compensation insurance. 3.5 for e A••Iicable Re•uirements. All work prepared by Consultant shall b royal of Commission. 3.6 Su • to ' of Ke Personnel. Consultant has represented to Commission that certain 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 and experience upon written approval of Commission. In the event that Commission and Consultant cannot agree as to the substitution of key personnel, Commission shall be entitled to terminate this Agreement for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for performance of this Agreement are as follows: Roger Alfaro, David Showalter, Ahmad Gharaibeh, Kinnaly Soukhaseum, David Sundstrom, Chad Birdsong, Erika Partida. 3.7 Commission's Representative. Commission hereby designates the Chief Financial Officer, or his or her designee, to act as its representative for the performance of this Agreement ("Commission's Representative"). Commission's representative shall have the power to act on behalf of Commission for all purposes under 17336.00000\8752982.1 2 17 this Agreement. Consultant shall not accept direction from any person other than Commission's Representative or his or her designee. 3.8 Consultant's Representative. Consultant hereby designates Roger Alfaro, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his or her best 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. 3.9 Coordination of Services. Consultant agrees to work closely with Commission staff in the performance of Services and shall available to Commission's staff, consultants and other staff at all reasonable times. 3.10 Standard of Care; Licenses. Culta all perform the Services under this Agreement in a skillful and competen anner, co tent with the standard generally recognized as being employed by p -ssioIs in the ame discipline in the State of California. Consultant represents : intains that it is skilled in the professional calling necessary to perform the ces. Consultant warrants that all employees and subcontractors shall ha 'cient . I and experience to perform the Services assigned to them. Finally, Co • r- ents that it, its employees and subcontractors have all licenses, . - its, . catio s and approvals of whatever nature that are legally required to pe - Se ces and that such licenses and approvals shall be maintained through. the t- of Agreement. Consultant shall perform, at its own cost and expense a i _ ursement from Commission, any Services necessary to correct er - - ur o sions which are caused by the Consultant's failure to comply with the stan► : o - p 'ded for herein, and shall be fully responsible to the Commission for a :amages d • her liabilities provided for in the indemnification provisions of this Ag . ent ar ng from the Consultant's errors and omissions. 3.11 Laws . 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. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to 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. 17336.00000\8752982.1 3 18 3.12 Insurance. 3.12.1 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. 3.12.2 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 s 'contractors to procure and maintain the same insurance for the duration of the A• ment. Such insurance shall meet at least the following minimum levels of coverag (A) Minimum Sco least as broad as the latest version of the f Services Office Commercial General Liability exact equivalent); (2) Automobile Liability: Insu Coverage (form CA 0001, code 1 (an Compensation and Employer's Liability: by the State of California and Em. - er's maintain limits no less than: injury, personal injury or other form with ge apply separately t the required occurre injury and property Compensation and Emplo Coverage shall be at 1) Gen- al Liability: Insurance e (occurrence form CG 0001 or Services Office Business Auto t equivalent); and (3) Workers' ensation insurance as required rance. of Insurance. Consultant shall ility: $2,000,000 per occurrence for bodily damage. If Commercial General Liability Insurance mit is used, either the general aggregate limit shall nt/I.cation or the general aggregate limit shall be twice Automobile Liability: $1,000,000 per accident for bodily and (3) if Consultant has an employees, Workers' s Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Practices Liability limits of $1,000,000 per accident. 3.12.3 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. 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. 17336.00000\8752982.1 4 19 3.12.4 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 shal .ntain no endorsements or provisions limiting coverage for (1) contractual liabili cross liability exclusion for claims or suits by one insured against another; or (3 tan . other exclusion contrary to this Agreement. (iii) The directors, officials, officers, employees, and agents forms 20 10 10 01 and 20 37 10 01, or e policy shall be "primary and Commission's insurance or 13, or endorsements providin shall be endorse employees and age ownership, operation, hired or borrowed by the all give the Commission, its ured status using ISO endorsement viding the exact same coverage. dditi• al insured coverage under the and will not seek contribution from the shall be at least as broad as CG 20 01 04 e coverage. mobile Liabilit The automobile liability policy the Commission, its directors, officials, officers, covered as additional insureds with respect to the ce, use, loading or unloading of any auto owned, leased, sultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, its 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, its 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 17336.00000\8752982.1 5 20 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. limits set forth hereunder. (D) All Coverages. (i) Defense costs shall be payable in addition to the (ii) Requirements of contained in this section are not intended as a limitatio requirement, or a waiver of any coverage normally pro a requirement under this Agreement that any availa or in excess of the specified minimum insurance forth herein shall be available to the Com employees and agents as additional insured requirements for coverage and limits shall be specified in this Agreement; or (2) the br, . over of any insurance policy or proceeds avail Agreement may be satisfi insurance. Any umbrella or provision that such cov the benefit of the Co Commission's ow named insured. The with coverage at least ecific coverage or limits coverage, limits, or other any insurance. It shall be insu . e proceeds broader than erage req ents and/or limits set sion 'ts direc •rs, officials, officers, said policies. Furthermore, the e minimum coverage and limits and maximum limits of coverage ed insured; whichever is greater. limits of insurance required in this on of primary and umbrella or excess shall contain or be endorsed to contain a Is() apply on a primary and non-contributory basis for d to in a written contract or agreement) before the se -insurance shall be called upon to protect it as a ess policy shall be provided on a "following form" basis s 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 17336.00000\8752982.1 6 21 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 premiu ► •aid by Commission will be promptly reimbursed by Consultant or Commission will wi .Id amounts sufficient to pay premium from Consultant payments. In the alternati mmission may cancel this Agreement. The Commission may require the Con ant t• ovide complete copies of all insurance policies in effect for the duration of tt roject. (viii) Neithe officials, officers, employees or agents shall be arising under or by virtue of this Agree be endorsed to state that: 3.12.5 D or self -insured retentio Commission does n Consultant shall g shall reduce or ell Commission, its directo shall procure a bond gu mmission nor any of its directors, onally responsible for any liability e po cy required by this Agreement shall elf -Insurance Retentions. Any deductibles eclared to and approved by the Commission. If the ductibles or self -insured retentions as presented, t t option of the Commission, either: (1) the insurer eductibles or self -insured retentions as respects the s, officers, employees and agents; or, (2) the Consultant eeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.12.6 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. 3.12.7 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 17336.00000\8752982.1 7 22 the right to require complete, certified copies of all required insurance policies, at any time. 3.12.8 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. 3.13 Safety. Consultant shall execute and m ' tain its work so as to avoid injury or damage to any person or property. In carrying ► its Services, the Consultant shall at all times be in compliance with all applicable I► - tate and federal laws, rules and regulations, and shall exercise all necessary pr- . tion the safety of employees appropriate to the nature of the work and the coions und- hich the work is to be performed. Safety precautions as applicable sr Incl -, but shnot be limited to: (A) adequate life protection and life saving equip .t d procedures; (B) instructions in accident prevention for all employees and sub tractors, such as safe walkways, scaffolds, fall protection ladders, bride - - g p . s, confined space procedures, trenching and shoring, equipment and •evices, equipment and wearing apparel as are necessary or Iawf req _ o pr-vent accidents or injuries; and (C) adequate facilities for the prop: tion d maintenance of all safety measures. tion. Consultant shall receive compensation, including authorize eimburse -nts, for all Services rendered under this Agreement at the rates set forth in ' bit "B" ached hereto. The total compensation shall not exceed One Million Four Hun. -d ty-One Thousand One Hundred Ninety -Eight Dollars ($1,461,198) without wr approval of Commission's Executive Director ("Total Compensation"). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.14.2 Payment of Compensation. Consultant shall submit to Commission a monthly statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Commission shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.14.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Commission. 17336.00000\8752982.1 8 23 3.14.4 Extra Work. At any time during the term of this Agreement, Commission may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Commission to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Commission's Executive Director. 3.15 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Commission during normal business hours to examine, audit, and make transcripts or copies of such records and any other docum is created pursuant to this Agreement. Consultant shall allow inspection of all work, a, documents, proceedings, and activities related to the Agreement for a period of t years from the date of final payment under this Agreement. 3.16 Termination of A 3.16.1 Grounds for Terminati to Consultant, terminate the whole or a cause by giving written notice to Cons effective date thereof. Upon termi services which have been full effective date of the ter compensation. Consultant provided herein, C Documents and Dat Consultant in connec Consultant shall be requir (15) days of the request. Commission may, by written notice reement at any time and without h termination, and specifying the all be compensated only for those ely rendered to Commission through the sultant shall be entitled to no further this Agreement except for cause. ermination. If this Agreement is terminated as uire Consultant to provide all finished or unfinished below, and other information of any kind prepared by the performance of Services under this Agreement. provide such document and other information within fifteen 3.16.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Commission may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.17 Delivery of 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: 17336.00000\8752982.1 9 24 CONSULTANT: Eide Bailly LLP 19340 Jesse Ln., Ste. 260 Riverside, CA 92508 Attn: Roger Alfaro COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18 Ownership of Materials/Confidentiality. 3.18.1 Documents & Data. This Agre ent creates an exclusive and perpetual license for Commission to copy, use, modify , or sub -license any and all copyrights and designs embodied in plans, specific t ns, es, drawings, estimates, materials, data and other documents or works of . orship fix any tangible medium of expression, including but not limited to, pr . cal ..wings data magnetically or otherwise recorded on computer diskettes, whi -r: epared or caused to be prepared by Consultant under this Agreement ("Documents ata"). Consultant shall req o tractors to agree in writing that Commission is granted an exclusi - .nd al li -nse for any Documents & Data the subcontractor prepares under Consulta right to grant the exc Consultant makes n which were prep Consultant by the C d warrants that Consultant has the legal erpetual license for all such Documents & Data. tion and warranty in regard to Documents & Data pr.fessionals other than Consultant or provided to Com on 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. All programs, working papers, files and other materials of the Consultant made pursuant to this Agreement shall remain the property of the Consultant. The Commission will have access to this material at any time. All reports delivered by the Consultant and its subcontractors pursuant to the Agreement shall become the property of the Commission without restriction or limitation on their use and shall be made available upon request, to the Commission at any time. Original copies of the deliverable reports shall be delivered to the Commission upon completion of the Services or termination of the Services. The Consultant shall be permitted to retain copies of such items for the furtherance of its technical proficiency; however, publication of this material is subject to the written approval of the Commission. 17336.00000\8752982.1 10 25 3.18.2 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 i • njunction with Consultant, and whether or not developed by Consultant. Consultar ill execute separate written assignments of any and all rights to the above refe Intellectual Property upon request of Commission. Consultant shall also be written assignments from any subcontractors o to the above referenced Intellectual Property. following termination of this Agreeme Intellectual Property, it shall first obtain th All materi the Consultant for general u the copyright of any other pa shall continue to be the and stated prior to e it has the right to gr as provided herein. e to ob in in writing separate of Consultant of any and all right ould Consultant, either during or e any of the above -referenced val of the Commission. nts which were developed or prepared by ution of this Agreement and which are not ilable and any other computer applications, the Consultant. However, unless otherwise identified reement, Consultant represents and warrants that e a d perpetual license for all such Intellectual Property Com .ion further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or sub -license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. 3.18.3 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 17336.00000\8752982.1 11 26 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. 3.18.4 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. 3.19 Cooperation; Further Acts. The Parties - •all fully cooperate with one another, and shall take any additional acts or sign any a• ional documents as may be necessary, appropriate or convenient to attain the pur. .f this Agreement. 3.20 Attorney's Fees. If either p. commen an action against the other party, either legal, administrative or othe' e, . ' ing out or in connection with this Agreement, the prevailing party in such litig. .II be entitled to have and recover from the losing party reasonable attorney's fees a osts of such actions. 3.21 Indemnification. Coy .I defend, indemnify and hold the Commission, its directors, offic'- of , ag ts, consultants, employees and volunteers free and harmless fr' a and claims, demands, causes of action, costs, expenses, liabilities, losses ma• or i ries, in law or in equity, to property or persons, including wrongful .. ner arising out of or incident to any alleged negligent acts, omissio' - - w misconduct of the Consultant, its officials, officers, employees, agents, ► sul . a contractors arising out of or in connection with the performance of the ervices, Pr. ect or this Agreement, including without limitation, the payment of all c equent' damages, attorneys fees and other related costs and expenses. Consultant 1 . ' nd, at Consultant's own cost, expense and risk, any and all such aforesaid suits, . .ns or other legal proceedings of every kind that may be brought or instituted against the Commission, its directors, officials, officers, agents, consultants, employees and volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Commission or its directors, officials, officers, agents, consultants, employees and volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the Commission and its directors, officials, officers, agents, consultants, employees and 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 indemnity shall not be restricted to insurance proceeds, if any, received by the Commission or its directors, officials, officers, agents, consultants, employees and volunteers. This Section 3.21 shall survive any expiration or termination of this Agreement. 17336.00000\8752982.1 12 27 3.22 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended, or modified by a writing signed by both parties. 3.23 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.24 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.25 Commission's Right to Employ Other Consultants. The Commission reserves the right to employ other consultants in connection with this Project. 3.26 Successors and Assigns. This Agr ent shall be binding on the successors and assigns of the parties, and shall not ned by Consultant without the prior written consent of Commission. 3.27 Prohibited Interests and C► icts. 3.27.1 Solicitation. Consulta . intains and warrants that it has not employed nor retained any company or othe . n a bona fide employee working solely for Consultant, to solicit or secure ' e t. Further, Consultant warrants that it has not paid nor has it agr- - • to p. co pany or person, other than a bona fide employee working solely fo . taut, y fee, commission, percentage, brokerage fee, gift or other considerate. onti -nt up or resulting from the award or making of this Agreement. For breach • o _ warranty, Commission shall have the right to rescind this Agreem- - ho► . bility. member, officer or e Commission, shall hav anticipated material bene Co t • Interest. For the term of this Agreement, no ommission, during the term of his or her service with ect interest in this Agreement, or obtain any present or sing therefrom. 3.27.3 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. 3.27.4 Employment Adverse to the Commission. Consultant shall notify the Commission, and shall obtain the Commission's written consent, prior to 17336.00000\8752982.1 13 28 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. 3.28 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any 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. Consultant shall also comply with all relevant provisions of Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or other related Commission programs or guidelines currently in effect or hereinafter enacted. 3.29 Subcontracting. Consultant shall not s work or Services required by this Agreement, except as prior written approval of the Commission. Subcontrac making them subject to all provisions stipulated in tgre 3.30 Reserved. 3.31 Em.Io ment of A.. renti employment of properly indentured app Code, and no employer or labor unio employees as indentured appren ' -s on ground of race, creed, national . i : nce shall be paid the standard w - pai. . app trade in which he or she is e which he or she is regi 3.32 upon strict complian deemed a waiver of relinquishment of any rig contract any portion of the essly stated herein, without y, shall contain a provision nt. ces.'s Agreement shall not prevent the dance with the California Labor sto accept otherwise qualified ork .erformed hereunder solely on the , color or sex. Every qualified apprentice tices under the regulations of the craft or II be employed only in the craft or trade to Fai re of Commission to insist on any one occasion f the terms, covenants or conditions hereof shall not be m, covenant or condition, nor shall any waiver or 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. 3.33 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 17336.00000\8752982.1 14 29 California Labor Code, unless Consultant or the Services are not subject to the Eight - Hour Law. 3.34 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. 3.35 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, and the obligations related to receipt of subpoenas or court orders, shall survive any such expira ' or termination. 3.36 No Third Party Beneficiaries. T► -re no intended third party beneficiaries of any right or obligation assumed by ta 3.37 Labor Certification. By its • natu that it is aware of the provisions of Section require every employer to be insured a•ainst lia undertake self-insurance in accordance •e pro comply with such provisions before com hereun. -r, Consultant certifies e California Labor Code which for Workers' Compensation or to ons of that Code, and agrees to ormance of the Services. 3.38 Counter.. � . Ag -ment may be signed in counterparts, each of which shall constitute an 3.39 Inc. - .ti. •f Recitals. The recitals set forth above are true and correct and are incor' ate. . t greement as though fully set forth herein. 3.40 :.lidity; ' verability. If any portion of this Agreement is declared invalid, illegal, or othe a enforceable by a court of competent jurisdiction, the remaining provisions sha tinue in full force and effect. 3.41 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. 3.42 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. 3.43 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein, 17336.00000\8752982.1 15 30 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. 3.44 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 17336.00000\8752982.1 [SIGNATURES ON FOLLOWING PAGE] 16 31 SIGNATURE PAGE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR AUDIT SERVICES WITH EIDE BAILLY LLP IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY CONSULTANT TRANSPORTATION COMMISSION EIDE BAILLY LLP By: By: Anne Mayer S' ture Executive Director Name Title Approved as to Form: Attest: By: Best Best & General Counse By: Its: Secretary * A corporation requires the signatures of two corporate officers. One signature shall be that of the chairman of board, the president or any vice president and the second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation. If the above persons are not the intended signators, evidence of signature authority shall be provided to the Commission. 17336.00000\8752982.1 17 32 EXHIBIT "A" SCOPE OF SERVICES [INSERTED BEHIND THIS PAGE] 17336.00000\8752982.1 33 A. General The Riverside County Transportation Commission (Commission) is issuing this Request for Proposal (RFP) in order to secure services from a certified public accounting firm (Auditor) to audit its financial statements for the fiscal years ending June 30, 2020, 2021, and 2022, with the options to audit its financial statements for three (3) additional one-year terms. The cost proposal shall present all-inclusive audit fees for each year of the contract terms and the three one-year options. The selected Auditor will be responsible for the Commission's audits and report directly to the audit oversight committee designated by the Commission. The Deputy Director of Finance is designated as the coordinator of the audit and may appoint the Accounting Supervisor to coordinate the day to day work; the Chief Financial Officer will serve as the liaison to the Commission's audit oversight committee. The audits are to be performed by the Auditor in accordance standards (GAAS), including use of the most current versi and guidelines: generally accepted auditing each of the following standards • The standards set forth for financial audits in U.S. Gove nt Accountability Office (GAO) Government Auditing Standards so r rred to s Generally Accepted Government Auditing Standards (GAGAS); • The provisions of the federal Single dit Act Act) and the U.S. Office of Mana Requirements, Cost Principles, and Grant Guidance); • OMB Circular A-133 Com► ce ppl -nt; • State of California Tra • rtatio - elo. ent Act (TDA); • Title 21 of the California 'e... ons; • Ordinance No. i Ri ide County Transportation Commission Transportation Expenditure P and R- Tr. .ction and Use Tax Ordinance; • National Tran latabase TD) Reporting; • Special District porting -quirements, as specified by the California State Controller; and • Article XIIIB, Section of the California Constitution. as amended in 1996, (Single Audit et (OMB) Uniform Administrative ents for Federal Awards (Uniform B. Scope of Services to be Performed The Commission desires to provide the public and its constituents with financial reports that provides complete, accurate, and understandable information about the Commission's financial condition. Accordingly, the Commission desires the Auditor to: • Express an opinion on the fair presentation of the Commission's basic financial statements in conformity with accounting principles generally accepted in the United States (GAAP). The basic financial statements are part of the financial section of the Commission's comprehensive annual financial report (CAFR). o The Auditor shall also be responsible to perform certain limited procedures involving required supplementary information (RSI) required by the Governmental Accounting Standards Board (GASB) and included in the financial section of the CAFR. 17336.00000\8752982.1 34 o The Auditor is not required to audit other supplementary information that is part of the financial section of the CAFR, including the combining and individual fund nonmajor fund financial statements, budgetary comparison schedules, schedules of expenditures, and schedule of uses of debt proceeds and fund balances; however, the Auditor is to provide an "in relation to" report on the other supplementary information based on the auditing procedures applied during the audit of the basic financial statements. o The Auditor is not required to audit the introductory or statistical sections of the CAFR. • Express an opinion on the fair presentation of the fund financial statements for the Riverside County Local Transportation Fund (LTF) and report on compliance and internal control over financial reporting in accordance with California Code of Regulations Section 6661. • Express an opinion on the fair presentation of the fu financial statements for the Riverside County State Transit Assistance Fund (ST and report on compliance and internal control over financial reporting in accordanc alifornia Code of Regulations Section 6751. • Express an opinion on the fair presentati f th fund fin' ial statements for the Riverside County State of Good Repair ( ) report on compliance and internal control over financial reporting in accordance Senate Bill 1, Chapter 5, Statutes of 2017. • Express an opinion on the fair presen on ancial statements for the Proposition 1B Rehabilitation, Safety an • ' urity ect Accounts (Proposition 1B) and report on compliance and internal rol . -r fin. ial reporting in accordance with requirements established by the CaliTransportation and the California Department of Emergency Managem • Express an opi on ai -sentation of the financial statements for the Low Carbon Transit Oper .ns Progr. Ac aunts (LCTOP) and report on compliance and internal control over fi ial repo g in accordance with the Transit, Affordable Housing, and Sustainable Com q itie ogram. • Express an opinion o e fund financial statements for the 91 Express Lanes. o The Auditor shall also be responsible to perform certain limited procedures involving RSI required by the GASB. • Beginning for the fiscal year ending June 30, 2021, express an opinion on the fund financial statements for the 15 Express Lanes. o The Auditor shall also be responsible to perform certain limited procedures involving RSI required by the GASB. • Express an opinion on the Commission's compliance with the requirements of its major federal programs. o The Auditor is to provide an "in relation to" report on the schedule of expenditures of federal awards based on the auditing procedures applied during the audit of the basic financial statements. 17336.00000\8752982.1 35 • Perform certain agreed -upon procedures related the Commission's Appropriations Limit Calculation. • Perform certain agreed -upon procedures related to the Measure A Commuter Assistance Program administered by the William Sale Partnership USA, Inc. (WSP). • Perform certain agreed -upon procedures related to the NTD reporting requirements per the 2018 NTD Policy Manual, as amended, for Federal Funding Allocation Data over the Commission's vanpool program, once the Commission reaches 100 Vehicles Operated in Maximum Service (VOMS). The Commission anticipates reaching 100 VOMS in FY 2021, although it may occur in FY 2020. • Provide required communications to the Commission's audit oversight committee. In connection with the audit services identified above, the Commission desires the following additional services: • Complete the Data Collection Form for Reporting on and Non -Profit Organizations; • Prepare and present the accounting journal share of collective pension amounts for th Cost -Sharing Multiple -Employer Defined provisions of GASB Statement No. 6 Accoun an amendment of GASB Statement • Prepare and present the accounting Post -Employment Benefits Statement No. 75, Accoun Than Pensions; and • Provision of consultation ► o the Government advice concer f States, Local Governments, er -s necessa ecord the proportionate n in the aIPERS Public Agency ension Plan to comply with the nd Financial Reporting for Pension — necessary to record the net Other to comply with the provisions of GASB I Reporting for Postemployment Benefits Other on regarding the Commission's participation in er's Association (GFOA) Certificate Program, including entation of new authoritative pronouncements. The FY 2019/20 C. fission b get includes $240,000 for audit services substantially similar to the above scope, ept the agreed -upon procedures related to NTD reporting for vanpools. The vanpool . m commenced in FY 2017/18 and currently has approximately 75 vanpools participating in the program. Staff anticipates that 100 vanpools may be participating in the program by FY 2020/21. C. Reports to be Issued Following completion of the audits and agreed -upon procedures, the Auditor shall issue the following reports addressed to the Board of Commissioners: • A report of the fair presentation of the Commission's basic financial statements in conformity with GAAP in two forms on report with reference to GAGAS for use with single audit report and one report with no reference to GAGAS for use in publication of the CAFR. The Commission shall prepare the CAFR, including the basic financial statements and related notes, required supplementary information, and other supplementary information. The Auditor shall deliver to the Commission on or before November 1 of each year one 17336.00000\8752982.1 36 (1) electronic, reproducible master of the each of the Auditor's opinions on its letterhead to be provided to the Commission for use in the Commission's reproduction of the CAFR. • A report on the fair presentation of each of the following financial statements in conformity with GAAP and a report on compliance and internal control over financial reporting: • LTF; • STAF; • SGR; • Proposition 1B; and • LCTOP. If applicable, the reports shall include a schedule of findings and responses and questioned costs. The Commission shall prepare each of the financial stents and the related notes and provide a final version to the Auditor for reproduc e Auditor shall deliver to the Commission on or before November 1 of each ye • e (1) . tronic, reproducible master of each financial and compliance report and fi ) copies o h report. • A report on the fair presentation of each of t with GAAP: • 91 Express Lanes; and • 15 Express Lanes. The Commission shall required supplementar before November 1 of ea Auditor's opinio Commission's • A single audit awards and on in audits of the financia g financial statements in conformity he financial statements, related notes, and uditor shall deliver to the Commission on or lectronic, reproducible master of the each of the ead to be provided to the Commission for use in the of the express lanes' financial reports. fair presentation of the schedule of expenditures of federal trol and compliance with laws and regulations related to the ements and federal awards. • If applicable, the single audit report shall include a schedule of findings and responses and questioned costs. The Commission shall prepare the schedule of expenditures of federal awards and provide a final version to the Auditor for reproduction. The Auditor shall deliver to the Commission on or before November 1 of each year one (1) electronic, reproducible master of the single audit report. • A report on the compliance with covenants and provisions of the Reimbursement agreement with State Street Bank relating to the Commercial Paper Notes (Limited Tax Bonds) Series A. The Auditor shall deliver to the Commission on or before November 1 of each year one (1) electronic, reproducible master of the report. 17336.00000\8752982.1 37 • A report on the agreed -upon procedures related to the Appropriations Limit Calculation, as required by Article XIII-B of the California Constitution. The Auditor shall deliver to the Commission on or before November 1 of each year one (1) electronic, reproducible master of the report. • A report on the agreed -upon procedures related to the Measure A Commuter Assistance Program administered by WSP. The Auditor shall deliver to the Commission on or before November 1 of each year one (1) electronic, reproducible master of the report. • A report on the agreed -upon procedures related to the NTD's reporting requirements over the Commission's vanpool program once the Commission eaches 100 VOMS. The Auditor shall deliver to the Commission on or be November 1 of each year one (1) electronic, reproducible master of the report. • A Board of Commissioners or equivalent letter •romulgate the reporting standards of GAAS related to the completion of au• A M. gement etter addressed to the Commission setting forth recommendatio plicable) for improvements in the Commission's accounting systems. The Auditor will provide a draft -na. ent letter to the Commission's management for review prior to public o ditor shall deliver to the Commission on or before November 1 of - -ar o ) electronic, reproducible master of the report. The Auditor shall also •mptly e a make known to the Commission its findings and recommendations n internal controls and in accounting practices, procedures, and - -n • that Commission personnel may undertake appropriate actions at the a -st o• bl- e. In connection with addition services required by the Commission, the Auditor shall also provide the following. • A draft of the Data Col -ction Form for Reporting on Audits of States, Local Governments, and Non -Profit Organizations. The Auditor shall deliver to the Commission the draft form on or before November 10 of each year to ensure sufficient time for Commission review and submittal of the final form. • A report on the pension accounting valuation of the miscellaneous risk pool for the applicable measurement date which will include the following deliverables: • Journal entries necessary to record the proportionate share of collective pension amounts; • The Commission's proportionate share of the net pension liability (NPL), NPL sensitivity, and deferral amounts based on percentages obtained from CaIPERS; • All employer specific deferrals and associated amortization schedules; 17336.00000\8752982.1 38 • The adjustment to pension expense for the difference in proportions due to CaIPERS methodologies; • Pension expense, with the employer specific amounts; and • Other amounts required for the Commission's financial statement note disclosures and required supplementary information. The Auditor shall deliver to the Commission on or before two weeks prior to the commencement of final fieldwork the report related to pension accounting. • A report of journal entries necessary to record the OPEB. The Auditor shall deliver to the Commission on or before two weeks prior to the commencement of final fieldwork the report related to OPEB accounting. All reports delivered to the Commission must be an unproteed secured document for the Commission to have printing and website posting capabiliti When delivered to the Commission, the audit reports aI statements produced under this RFP are public records and will be used: (a) to fulfill the requirements of continuing disc (b) as inserts or incorporated by reference in o and (c) for any lawful purpose of the Commi D. Required Communications Prior to the issuance of a nal ports, e Auditor shall deliver a draft copy to the Commission for review. T Audi - n. make any modifications to the Commission - prepared financial statement . ing - . -d notes, and supplementary information without prior Commission ap r SEC rule 15c2-12, cuments issued by the Commission, withsubsequent consent. Prior the issuan for review. Man incorporated into all r ort the Auditor shall deliver a draft copy to the Commission nses to Auditor findings and recommendations shall be The Auditor shall be requ ed to make an immediate, written report of all irregularities and illegal acts of indication of illegal acts of which they become aware to the Commission's audit oversight committee, Executive Director, and Chief Financial Officer. In addition to the audit work detailed above, the Commission requires the Auditor to meet with the Commission's audit oversight committee at least twice a year: prior to or during planning phase and upon completion of the audit. Upon completion of the audit, the audit oversight committee will be informed of each of the following: • The Auditor's responsibility with regard to the financial statement audit; • Overview of the scope, timing, and deliverables of the financial statement audit; • Accounting policies and practices including adoption of or change in accounting policies, significant or unusual transactions and management judgements and accounting estimate; 17336.00000\8752982.1 39 • Audit adjustments; • Uncorrected misstatements; • Disagreements with management; • Consultation with other accountants; • Significant issues discussed with management; • Significant difficulties encountered in performing the audit; and • Certain written communication between management and Auditor. E. Special Considerations The Commission shall send its CAFR to the GFOA for review in its Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the Auditor shall be required to provide special assistance to the Commission to meet the requirements of that program. It is desirable that at least one audit manager or partner, who is also a member of the GFOA certificate program's Special Review Committshall be accessible for this purpose of examining the Commission's financial statem The Commission anticipates it may prepare one or the sale of debt securities, which shall contain the thereon. The Auditor shall be required, if re underwriter, to issue a "consent letter" as the A officia tements in connection with cial statem and the Auditor's report sted ' the mun ipal advisor and/or the any necessary "comfort letters". The Commission has determined that th Depa the cognizant agency in accordance with Uniform Grant Guidance. F. Working Paper Retention All working papers and repo seven (7) years, unle - - fir the retention perio request, to the f t of Transportation shall function as he Single Audit Act and the OMB's rking Papers ed, at the Auditor's expense, for a minimum of otified in writing by the Commission of the need to extend II be required to make working papers available, upon r tr designees: • U.S. Depart of T sportation; • U.S. GAO; • Parties designate • by the federal or state governments or by the Commission as part of an audit quality review process; and • Auditors of entities of which the Commission is a sub -recipient of grant funds. In addition, the Auditor shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. G. Audit Schedule and Assistance to be Provided At a minimum, the following conferences shall be held each year by the dates indicated: • Entrance conferences prior to interim and year end fieldwork: the purpose of these meetings shall be to discuss prior audit matters, determine the timing of the interim and 17336.00000\8752982.1 40 year-end fieldwork to be performed, establish an overall liaison for the audit, and arrange for workspace and other needs of the Auditor; • Progress conferences weekly during interim and final fieldwork: the purpose of these meetings shall be to summarize the results of the preliminary reviews, specifically any findings; identify the key internal controls or other matters to be tested; and discuss work progress and issues, if any; and • Exit conference prior to October 31: the purpose of this meeting shall be to summarize the results of the fieldwork and review findings, if any. The Commission shall have all records ready for final audit fieldwork as of the last Monday of September of each year. The Commission shall provide draft financial statements within one week of commencement of final fieldwork. Barring unforeseen circumstances, for each year the Auditor shall: • Complete interim fieldwork by June 30; • Provide the Commission a draft listing of schedules - information to be prepared by client (PBC) during interim; • Provide the Commission a final PBC list of 1 sche• . to be prepared by the Commission by August 1; • Provide the pension and OPEB account' rep• at least two weeks prior to the commencement of final fieldwork; • Commence final audit fieldwork by t - ast Mon. of September; • Conduct the audit activities and com fiel. ' rk by October 31; • Provide comments on all draft financiprepared by the Commission no less than one week prior to the r= • iss • Provide drafts of all audi than one week prior to • Provide all required repo of each year. The Auditor shal as it is anticipate engagement shall be Finance to identify the i delay. e date; recommendations to management, no later date; and informon to the Commission no later than November 1 ports completed by the dates specified above. As soon due date will not be met, the Audit Partner assigned to the meet with Chief Financial Officer and the Deputy Director of causing the delay and propose a plan of action to minimize the The Finance Department staff and responsible management personnel shall be available during the audit to assist the Auditor by providing information, documentation, and explanations. The preparation of confirmations shall be the responsibility of the Commission based on specific, timely instructions from the Auditor. The Commission shall provide the Auditor with reasonable workspace, including table and chairs. The Auditor shall also be provided, for audit related purposes, with access to one (1) telephone line and to photocopying facilities. End of Scope of Services 17336.00000\8752982.1 41 EXHIBIT "B" COMPENSATION [INSERTED BEHIND THIS PAGE] 17336.00000\8752982.1 42 EXHIBIT "B" COMPENSATION SUMMARY FIRM PROJECT TASKS/ROLE COST Prime Consultant: Eide Bailly LLP Audit Services $ 1,461,198.00 Sub Consultants: "No subconsultants SUBTOTAL 1,461,198.00 TOTAL COSTS $ 1,461,198.00 FISCAL YEAR PROJECT COST FY 2020/21 Audit Services $ 204, 320.00 FY 2021/22 Audit Services 241,520.00 FY 2022/23 Audit Services 246,351.00 FY 2023/24 (Option Year 1) Audit Services 251,277.00 FY 2024/25 (Option Year 2) Audit Services 256,303.00 FY 2025/26 (Option Year 3) Audit Services 261,427.00 SUBTOTAL 1,461,198.00 TOTAL COSTS $ 1,461,198.00 1 Commission authorization pertains to total co compensation authorized may not be exceede ensation adjustments may occur; however, the maximum total 43 AGENDA ITEM 7D RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Deputy Director of Finance THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2019/20 Mid -Year Budget Adjustments BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve Fiscal Year 2019/20 mid -year budget adjustments for a net increase of $22,041,000 and $21,506,000 in revenues and expenditures/expenses, respectively. BACKGROUND INFORMATION: Staff performed a review of revenues and expenditures/expenses for the six months ended December 31, 2019, and an estimate of expenditures/expenses and revenues for the remaining six months of the fiscal year ending June 30, 2020. As a result of the review, the following mid -year budget adjustments are proposed: Revenue Adjustment 1— $25,331,700 During the development of the FY 2019/20 budget, the Commission took a conservative approach in estimating the RCTC 91 Express Lanes toll revenues, even though it was outpacing the Stantec Consulting Services, Inc. Investment Grade Traffic and Revenue Study. The conservative approach was primarily based on only two years of operational history and development of a new RCTC 91 Express Lanes Toll Policy. To date, the RCTC 91 Express Lanes has received approximately 96 percent of its FY 2019/20 budgeted toll revenues of $36.2 million. Therefore, staff revised the toll revenue projection to $61.5 million and seeks a mid -year budget adjustment of $25.3 million to increase budgeted toll revenues. Revenue Adjustment 2 — ($3,290,700) During the development of the FY 2019/20 budget, staff estimated investment income rate at 2 percent, as investment income during the first quarter of calendar year 2019 ranged between 2 — 2.5 percent. Since the adoption of the budget in June 2019, the Federal Reserve has cut interest rates three times on August 1, September 19, and the latest on October 31 to a level of 1.50 — 1.75 percent. Although the economy appears to be stable, Federal Reserve officials warn against effects of uncertainty and slowing global demand. It would be prudent for the Agenda Item 7D 44 Commission to lower its expectation of investment income results and reduce the budget by $3.3 million, from $12.8 million to $9.5 million. The reduction of the investment income budget has no effect on the delivery of projects or programs at the Commission, as it is not a component of project or program funding commitments. Expenditure Adjustment 1— $506,000 As approved by the Executive Committee in May 2019 and Commission in June 2019, the original FY 2019/20 budget included an estimated $8.13 million to pay off the California Public Employees Retirement System (CaIPERS) net pension liability based on the CaIPERS Actuarial Valuation Report available at time of the FY 2019/20 budget adoption. Subsequently, staff received the July 2019 CaIPERS Actuarial Valuation Report that reflected an updated net pension liability of approximately $8.63 million. In order to take advantage of the savings included in the revised net pension liability payoff, staff submitted payment to CaIPERS by the required due date of July 31, 2019. Sufficient funds were on hand to disburse the $8.63 million. Staff requests a mid -year budget adjustment of $506,000 to reflect appropriate budget authority for the net pension liability payoff. Expenditure Adjustment 2 — $20,000,000 In connection with the Interstate 15 Express Lanes project (1-15 ELP), the actual design -build work efforts differ from the original cash flow assumptions at commencement of the project. Accordingly, approximately $20 million of design -build costs and related contractor payments anticipated in prior years occurred in FY 2019/20. This represents a timing issue between fiscal years and does not affect the overall 1-15 ELP cost, design -build contract, or funding. Staff recommends an adjustment to increase the design -build expenditures budget by $20 million. There are sufficient Transportation Infrastructure Finance and Innovation Act loan proceeds available to accommodate this budget adjustment. Expense Adjustment 3 — $1,000,000 In July 2019 the Commission jointly released with Orange County Transportation Authority (OCTA) a request for proposals to procure and manage the 91 Express Lanes Back Office System (BOS) and Customer Service Center as the existing contract with Cofiroute USA, LLC (Cofiroute) expires in mid 2021. After a competitive procurement, Cofiroute was awarded the joint contract with the Commission and OCTA including the new 91 Express Lanes BOS design, development, testing and training. The original FY 2019/20 budget was based on initial milestone projections for the design and development of the new BOS. Accordingly, an adjustment of $1 million is required to meet revised milestone targets. There are sufficient toll revenues available to accommodate this budget adjustment. Agenda Item 7D 45 Financial Information In Fiscal Year Budget: No Year: FY 2019/20 Amount: $22,041,000 Revenues $21,506,000 Expenditures/Expenses Source of Funds: 2009 Measure A, Transportation Development Act, Transportation Uniform Mitigation Fee, Motorist Assistance funds, and Toll revenues Budget Adjustment: Yes GL/Project Accounting No.: Revenues $25,331,700 591-31-57101009199-571-57101-0000 (3,290,700) XXX-XX-49001 (various funds and departments) Expenditures/Expenses $ 506,000 XXX-XX-61001 (various funds and departments) 20,000,000 262-31-81601003027-81603-00000-0000 1,000,000 591-31-81002 009199-81041-00000-0000 Fiscal Procedures Approved: \Jav, Date: 02/18/2020 Approved by the Budget and Implementation Committee on February 24, 2020 In Favor: 10 Abstain: 0 No: 0 Agenda Item 7D 46 AGENDA ITEM 7E RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Deputy Director of Finance THROUGH: Anne Mayer, Executive Director SUBJECT: Proposed Policy Goals and Objectives for Fiscal Year 2020/21 Budget BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Review and approve the proposed Commission Policy Goals and Objectives for the Fiscal Year 2020/21 Budget; and 2) Review and approve the Fiscal Accountability Policies for the FY 2020/21 Budget. BACKGROUND INFORMATION: The initial step in the budget process is to develop policy goals and objectives for the next fiscal year that are consistent with the Commission's overall strategic direction. Most importantly, the adoption of the Commission Policy Goals and Objectives and Fiscal Accountability Policies for the annual fiscal year budget provides an opportunity to match the Commission's spending priorities in a manner that implements the promises made to the citizens of the county of Riverside in the Measure A Expenditure Plan and fulfills other Commission responsibilities. The Commission is driven by four core objectives for the people of Riverside County and the transportation system upon, which they rely: • Quality of life; • Operational excellence; • Connecting the economy; and • Responsible partner. Additionally, the fiscal accountability policies that promote fiduciary responsibility and organizational excellence are summarized in six categories: • Financial planning; • Revenues; • Expenditures/expenses; • Debt management; Agenda Item 7E 47 • Cash management; and • Accounting and financial reporting. The Commission Policy Goals and Objectives will be linked to the individual department goals and objectives included in the FY 2020/21 Budget, and the Fiscal Accountability Policies will guide the development and monitoring of the FY 2020/21 Budget. Attachment: Proposed Commission Policy Goals and Objectives and Fiscal Accountability Policies for FY 2020/21 Approved by the Budget and Implementation Committee on February 24, 2020 In Favor: 10 Abstain: 0 No: 0 Agenda Item 7E 48 ATTACHMENT 1 Policy Goa Is a nd Objectives As approved at its March 11, 2020 meeting, the Commission is driven by four core mission statementsand underlying goalsforthe people of Riverside County and the transportation system upon which they rely: QUALITY OF UFE RC1C is focused on improving life for the people of Riverside County and empowering them to live life at their pace. Choice Environmental Stewardship Access Goods Movement RCTC empowersthe residentsof Riverside County to choose how to get safely to where they are going. RCTC protectsand preservesthe County'senvironment forour residents. RCTC providesaccess, equity, and choice in transportation; RCTC isa mobility partner. • RCTC projects and programs are the connection to employment, housing, schools, community institutions, parks, medical facilities, and shopping in the community. RCTC facilitatesthe funding and delivery of projectsthat mitigate the impact of increased goodsmovement flow through Riverside County. OPERATIONALEXCELLENCE RCTC isa re '•onsible and conservative steward oftax •a erdollars State of Good Repair Promises Fulfilled Innovation Information mI2CTC investsin road safety and maintenance in itsresidents' neighborhoods. Projectsare completed on -time, on -budget; RCTC deliverson itspromisesasa steward of Riverside County residents' investment. Program and project delivery innovations drive results, savings, and greater economic opportunitiesfor Riverside County residents. RCTC operations are transparent; customers get prompt, reliable, quality service. CONNECTING THE ECONOMY RC1C isa d►iverofeconomic •rowth in Riverside Coun . Workforce Mobility Population Growth Economic Impact RCTC improves the economy by creating a robust workforce to workplace system; RCTC helps move the economy of Riverside County. Snce 1976, RCTC hasbeen responsible forconnecting ourCounty'seconomy as the County's population has quadrupled from 550,000 to over 2.4 million today. RCTC has invested over$4 billion in the County'seconomythanksto Measure A and toll revenues, which has a multiplier impact in terms of jobs and economic opportunity throughout Riverside County. 49 RESPONSIBLE PA RIN ER RC1C partners with local, re•ional, and state •ovemmentsto deliver road and transit •ro"ects. Streets and Roads Active Transportation Facilities Grants Local Measure A Valu RCTC has invested over $1 billion in local priorities for maintaining streets and roadsand fixing potholes. RCTC is a partner with transit operators to provide residents mobility choices, flexibility, intercity and intercounty connectivity, and access. ROTC is a partner with agencies within the County to promote active transportation alternatives, including the building of regional trails and bicycle and pedestrian facilities in accordance with local general master and active transportation plans. RCTC isa steward of state and federal grants to leverage Measure A dollars and improve our communities. RCTC invests Measure A dollars into projects and programs that benefit local communitiesthroughout the County. Staff used these core mission statements and goals to prepare this budget and develop the following short-term objectivesto further guide the development of the FY2020/21 budget. Capital Project Development and Delivery • Continue progress on projects included in the 2019-2029 Western Riverside County Highway Delivery Plan, including: o Design and construction of the 15 Express Lanes, 15/91 Express Lanes connector, and 91 Corrid or Operations Project; o Construction of the State Route (SR) 60 truck lanes; and o Development of the 71/91 interchange improvementsand Mid County Parkway. • Continue development of the 1-15 ExpressLanes—Southem Extension project. • Continue design and construction of projects on behalf of other agencies, including I- 15/Railroad Canyon interchange, I-10/Highland Springs interchange, and Santa Ana River Trail. • Continue development of various projects at commuter rail stations and on the San Jacinto Branch Line. • Maintain and enhance communication and collaboration with the California Department of Transportation (Caltrans) to improve the Commission'sability to deliver critical projects. • Enhance corridor mobility and traveler choice with the operation of the express lanes and development of future expresslanes. • Collaborate with local jurisdictions to implement the Transportation Uniform Mitigation Fee (1UMF) regional arterial program projects and facilitate the delivery of eligible arterial improvements in western Riverside County (Western County). • Continue active engagement in state and federal efforts to streamline and modernize the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) to improve the Commission'sability to deliver critical projects. Toll Operations • Efficiently operate express lanes and achieve high customer satisfaction through congestion reduction, mobility improvements, and management of demand. Regional Programs • Maintain an active involvement in state and federal legislative matters to ensure that the Commission receivesproperconsideration fortransportation projectsand funding. • Facilitate project funding and delivery of local and regional transportation projects. 50 • Support reliable and cost-effective Metrolink commuter rail service to and from Riverside County; Southern California Regional Rail Authority (RRA) isthe operator of Metrolink. • Provide leadership in the planning and development of the Coachella Valley -San Gorgonio Passcorridor rail service. • Support innovative programsthat provide transit assistance in hard -to -serve rural areas or for riderswith specialized transit needs. • Promote cost controlsand operating efficienciesfortransit operators. • Maintain effective partnerships among commuters, employers, and government to increase the efficiency of our transportation system by encouraging and promoting motorized and non -motorized transportation alternatives. • Provide a motorist aid system that ensuressafety and convenience to freeway motorists. Management Services • Maintain close communication with Commissionersand educate policymakerson all issuesof importance to the Commission. • Develop and execute a communicationsand public engagement strategy for the purposes of education, information, and customerservice. • Maintain administrative program delivery costsbelow the policy threshold of 4%of Measure A revenues; the FY2020/21 Management Servicesbudget is%of Measure A revenues. • Maintain administrative salaries and benefits at less than 1%of Measure A revenues; the FY 2020/21 administrative salariesand benefitsis%of Measure A revenues. • Maintain prudent cash reservesto provide insulation from unplanned expenditures. • Maintain current strong bond ratingswith rating agencies. • Establish and maintain revenuesand reservesgenerated from toll operationsto be available for debt service in accordance with toll -supported debt agreements; maintenance, repair, rehabilitation, administration, and operations; and capital projectswithin the corridor. Linking Commission and Departmental Mission Statements The following matrix (Table 1) illustrates the linkage of the Commission's core mission statements described in thissection to the individual departmental mission statements included in Section 5. Table 1 -Relationship between Commission and Departmental Mission Statements Quality of Life Operational Excellence Connecting the Econom Responsible Partner Mana • ement Services Executive Mana•ement Administration Extemal Affairs Finance Re•ionaIPro. rams Planning and Programming Rail Maintenance and Operations Public and Specialized Transit Commuter Assistance Motorist Assistance Capital Pro'ect Development and Delive Toll Operations x x x x x 1 - x x x x - - x x - x -X x x x x x x .411 X 1_ x x x x x X X -X X X -X 51 ATTACHMENT 2 Fiscal Accountability Policies As the steward of local, state, and federal resources, RCTC maintains financial policies that promote fiduciary responsibility and organizational excellence. Financial Plannin • Balanced Budget Administration Retirement Benefits Capital Projects RCTC adopts an annual budget in which operating and capital expenditures and other financing uses are equal to or less than identified revenues and other financing sources as well as available fund balances. Allocations from local and state sources and toll operations fund administrative costs, including salaries and benefits. o Administrative salaries and benefits cannot exceed 1% of Measure A sales tax revenues. o Administrative costs will not exceed 4% of Measure A sales tax revenues (inclusive of the 1% salary limitation). RCTC contributes 100% of the annual requirement related to its proportionate share of the net pension liability and to the postretirement health care benefits. Multi -year capital projects are consistent with the strategic plan and budgeted by fiscal year, based on best available estimates. RCTC establishes and maintains reserves in accordance with Measure A and TDA policies as well as debt agreements. Sales Tax Tolls Funding Sources Sale of Properties RCTC prepares annual and mid -year revised revenue projections to ensure use of current and relevant data; staff may adjust amounts during the budget process to reflect the most current economic trends. RCTC-adopted policies establish congestion pricing in order to optimize throughput on toll facilities while generating revenue to meet all financial commitments related to: o Debt issued to construct or repair any portion of the toll facility, payment of debt service, and satisfaction of other covenants and obligations related to indebtedness of the toll facility, including applicable reserves; o Development, maintenance, repair, rehabilitation, improvement, reconstruction, administration, and operation of the toll facilities, including toll collection and enforcement and applicable reserves; and o Projects within the corridor that generated the revenue. RCTC uses local funding sources to maximize federal and state funding of projects. RCTC returns proceeds from the disposition of excess properties to the programs that provided the funding sources for the property acquisition. Expenditures/Expenses Priorities Accountability Procurement RCTC reviews established priorities for planning and programming of capital projects annually. RCTC compares actual expenditures/expenses to the budget on at least a quarterly basis and appropriately notes, explains, and justifies significant deviations. RCTC ensures competitive, transparent, objective, and fair procurement selection processes in accordance with policies adopted on September 11, 2019. 52 Capital and Intangible Assets On a government -wide basis, RCTC records capital and intangible assets at historical costs, estimated historical costs if purchased or constructed, or estimated fair value at date of donation. RCTC maintains such assets in a state of good repair and safeguards them from misuse and misappropriation. o RCTC generally does not capitalize infrastructure, which title will be vested with Caltrans or other governmental agency. o RCTC depreciates capital and amortizes intangible assets over the estimated useful life or service concession term. Debt Mana • ement Debt Limitation Management Coverage Issuance Maturity Outstanding sales tax revenue debt cannot exceed $975 million, in accordance with Measure K approved by a majority of the voters in November 2010; RCTC can issue toll -supported debt for specific highway projects based on amounts authorized by the Commission. RCTC maintains and updates the Debt Management Policy, as adopted on March 11, 2020, and Interest Rate Swap Policy, as adopted July 12, 2006, for matters related to sales tax revenue and toll -supported indebtedness. RCTC maintains debt coverage ratios of 2.0x on all senior sales tax revenue debt and 1.3x on all toll -supported debt. RCTC issues debt for major capital projects including engineering, right of way, construction, and design -build; RCTC will not finance operating requirements except for initial toll operations. Costs of issuance, including the standard underwriter's discount, do not exceed 2% unless specifically authorized. All sales tax revenue debt matures prior to the termination of 2009 Measure A on June 30, 2039; all toll -supported debt matures prior to the expiration of toll facility agreements. Cash Mana • ement Management Receipts Payments Operating Balances RCTC invests funds in order of priority (safety, liquidity, and yield) in accordance with the Investment Policy, adopted on March 13, 2019, or debt agreements. Where possible, RCTC encourages receipt of funds by wire transfer to its accounts. RCTC makes cash disbursements to local jurisdictions and vendors/consultants in a timely manner. RCTC maintains amounts in the bank operating account at the amount necessary to meet monthly expenditures/expenses. • a •a • • a . •a • a '• - • ortin • Accounting System Reporting RCTC maintains an ERP system that integrates project and toll operations accounting needs and improves accounting efficiency RCTC issues a Comprehensive Annual Financial Report (CAFR) and single audit report for federal financial assistance; separate financial reports for the LTF, STA, Proposition 1 B Rehabilitation and Security Project Accounts, SB 1 SGR Program, Low Carbon Transit Operations Program (LCTOP), and toll operations; and the State Controller's Transportation Planning Agency Financial Transactions Report and Government Compensation in California Report. Reports are obtained for agreed -upon procedures as required or deemed necessary. An independent accounting firm conducts an annual audit of the Commission's accounting books and records; RCTC obtains audits of Measure A and TDA funding recipients for compliance and other matters in a timely manner. 53 AGENDA ITEM 7F RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee David Knudsen, Legislative Affairs Manager THROUGH: Anne Mayer, Executive Director SUBJECT: State and Federal Legislative Update BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file an update on state and federal legislation. BACKGROUND INFORMATION: State Update On January 10, 2020 Governor Gavin Newsom released his proposed state budget for Fiscal Year 2020/21. The Governor's budget proposes spending of $222.2 billion in total state funds, consisting of approximately $153 billion from the General Fund, $63.8 billion from special funds, and $5.4 billion from bond funds. Unlike last year, the budget proposal fully funds the intent of SB 1 without tying it to other punitive objectives. Additionally, Governor Newsom's budget proposes to spend $12.5 billion over five years to address climate change including a proposed climate resilience bond, totaling $4.75 billion, to reduce climate risks across California. The Governor's Climate Plan focuses on reducing climate risk while transitioning to carbon neutrality. The Governor's focus on climate change continues to manifest in Caltrans' preparations to implement new guidelines for environmental reviews of transportation projects pursuant to the California Environmental Quality Act (CEQA) and Senate Bill 743 (SB 743). As the Commission heard from Legal Counsel at its Annual Workshop on January 31, 2020, Caltrans' focus on reduction of vehicle miles traveled (VMT) as a strategy to reduce the carbon footprint of the transportation sector is likely to have wide -reaching, costly, and uncertain impacts on planned transportation improvements in Riverside County. Commission staff continue to engage with Caltrans and self-help transportation agencies regarding implementation of SB 743. Staff will keep the Commission informed as these new regulations are implemented. In the meantime, legislators are introducing new bills for the final year of this legislative session. Staff and the Commission's lobbyist in Sacramento are analyzing these new bills against the Commission's adopted platform. Agenda Item 7F 54 Federal Update Earlier this month, President Trump released his proposed federal budget for FY 2021. As with presidential budget proposals for the last many years, Congress is not expected to adopt the President's budget and will develop their own budget and appropriations. Of note in the transportation sector, the President's budget proposal continues two discretionary grant programs, BUILD and INFRA, for which the Commission has sought funds in prior fiscal years. The City of Temecula received $50 million from INFRA in 2019. The President's proposal also includes a "preview" of the Administration's forthcoming proposal for reauthorization of the FAST Act. In recent weeks, media articles have speculated whether "earmarks" to federal spending would return this year. Earmarks are funds designated by Congress for specific projects or programs. The Commission, cities, the County, and other local governments have received federal earmarks in the past for priority projects; however, federal appropriations bills have not included earmarks for many years. It is the sense of Commission staff that it is unlikely that earmarks will return this year. Attachment: Legislative Matrix — February 2020 Agenda Item 7F 55 RIVERSIDE COUNTY TRANSPORTATION COMMISSION - POSITIONS ON STATE AND FEDERAL LEGISLATION — FEBRUARY 2020 Legislation/ Author Description Bill Status Position Date of Board Adoption AB 252 (Daly, Frazier) Removes the sunset date from the NEPA Reciprocity program. Signed by Governor Newsom. (July 31, 2019) SUPPORT 3/13/19 AB 1402 (Porr s) Makes substantive changes to the Active Transportation Program administered by the State, allocating 75% of funds to be distributed by large MPOs. Referred to Committee on Transportation. (March 27, 2019) SUPPORT 4/1/19 SB 152 (Beall) Makes substantive changes to the Active Transportation Program administered by the State, allocating 75% of funds to be distributed by large MPOs. Held in Senate Appropriations Committee under submission. (May 16, 2019) SUPPORT 4/1/19 AB 626 (Quirk -Silva) Seeks to dictate that professionals who provide professional services on one phase of a project be deemed not to have a conflict of interest in subsequent project phases, disregarding the Commission's adopted Procurement Policy. Ordered to inactive file at request of member. (May 30, 2019) OPPOSE UNLESS AMENDED 4/10/19 AB 456 (Chiu, Bonta, Low) Removes the January 1, 2020 sunset provision on claims resolution processes. Approved by the Governor. (October 3, 2019) OPPOSE 5/8/19 SB 498 (Hurtado) Takes funds dedicated in the Trade Corridors Improvement Fund and repurposes them for a new short -line railroad project grant program. Referred to Assembly Transportation Committee. (June 6, 2019) OPPOSE Staff action based on platform 5/30/19 SB 742 (Allen) Authorizes existing state funds for Amtrak to be used on intercity passenger bus transportation, regardless of whether the passenger is connecting to or from intercity rail service. Approved by the Governor. (October 8, 2019) SUPPORT 6/12/19 AB 1149 (Fong) Eliminates the ability of petitioners to opt to prepare the record of proceedings and would place that responsibility solely on the lead agency. Re -referred to Assembly Natural Resources. (April 24, 2019) SUPPORT 6/12/19 Legislature reconvened on January 6, 2020 56 Legislation/ Author Description Bill Status Position Date of Board Adoption SB 664 (Allen) Revises existing statute in the Streets and Highways Code and the Vehicle Code to allow for improved operations of toll facilities in California. Re -referred to Committees on Privacy & Consumer Protection and Judiciary. (September 10, 2019) SUPPORT Staff action based on platform 6/17/19 SB 277 (Beall) Changes the SB 1-created Local Partnership Program to be administered at 85% formula, rather than 50% formula as is currently in adopted guidelines. Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.Staff (August 14, 2019) SUPPORT d nn based on platform 7/1/19 HR 2939 (Napolitano) Protects state and local general sales tax revenues from being directed to airports. Introduced. (May 23, 2019) SUPPORT 7/10/19 57 AGENDA ITEM 7G RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Martha Masters, Senior Management Analyst Lorelle Moe -Luna, Multimodal Services Director THROUGH: Anne Mayer, Executive Director SUBJECT: Riverside County 2020 Federal Transportation Financial Resolution Improvement Program BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve Resolution No. 20-002, "Resolution of the Riverside County Transportation Commission Certifying Riverside County Has Resources to Fund Projects in the Federal Fiscal Years 2020/21 Through 2025/26 Transportation Improvement Program and Affirming Commitment to Implement All Projects in the Program". BACKGROUND INFORMATION: The Federal Transportation Improvement Program (FTIP) is a federally required document that lists transportation projects funded with federal, state, and local funds for the next six -year period. The Southern California Association of Governments (SCAG) is responsible for preparing the FTIP every two years for the six -counties within the SCAG region, and performing the following five conformity tests: • Consistency with SCAG's Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) • Regional Emission Analysis • Timely Implementation of Transportation Control Measures (TCM) • Financial Constraint • Interagency Consultation and Public Involvement The 2021 FTIP Update covers Federal Fiscal Years (FFYs 2020/21 — 2025/26) and reflects projects listed in the draft 2020 RTP/SCS. All regionally significant and federally funded projects must be included in the FTIP in order for an implementing agency to obligate funds. Overall, Riverside County is submitting a list of 389 projects totaling approximately $12 billion in funds. Agenda Item 7G 58 The attached resolution must be included in the 2021 FTIP to certify the Riverside County portion of the FTIP is financially constrained and to affirm the commitment to implement the projects. Financial constraint and project commitment is defined as follows: 1. Financial Constraint: The Commission must certify the Riverside County Transportation Improvement Program is financially constrained (projects are not programmed in excess of fund levels) and the funding may be reasonably expected to carry out the program. 2. Project Commitment: The Commission must affirm its highest priorities for funding are the projects in the 2021 FTIP. The affirmation is specifically targeted to enforceable TCMs. Over the past three months, staff reviewed projects submitted by Caltrans, local agencies, and transit operators in Riverside County. These projects include freeways, state highways, arterials, routes that provide access to major activity centers, goods movement routes, intermodal facilities, and operating assistance for transit services. Projects that have completed construction were identified and removed from the 2021 FTIP, while other projects were added, deleted, or modified at the request of project sponsors. All project programming was reviewed to ensure each project clearly identified funding sources and schedules with the concurrence of each project sponsor. There are 20 TCM projects in the 2021 FTIP with completion dates ranging from 2020 to 2030, at an estimated cost of $875 million. TCMs are specific transportation projects and programs committed to help improve air quality, regardless of the source of funding. Project sponsors have been notified that TCMs must be operational or implemented by the completion date committed to in the FTIP. If not, these projects must be substituted by another TCM eligible project. The SCAG Regional Council is scheduled to approve the 2021 FTIP by September 2020. SCAG subsequently will pursue the necessary state and federal approvals for the 2021 FTIP. These approvals are anticipated to occur by early December 2020 at which point the 2021 FTIP takes effect. SCAG allows project amendments to occur throughout the two-year cycle to make minor project changes and staff coordinates these amendments with the local agencies. This item does not have a financial impact; separate actions have been or will be taken to fund specific projects as necessary. Attachments: 1) Resolution No. 20-002 2) 2021 FTIP Funding Summary — FFY 2020/21— FFY 2025/26 Agenda Item 7G 59 Approved by the Budget and Implementation Committee on February 24, 2020 In Favor: 10 Abstain: 0 No: 0 Agenda Item 7G 60 ATTACHMENT 1 RESOLUTION NO. 20-002 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION CERTIFYING RIVERSIDE COUNTY HAS RESOURCES TO FUND PROJECTS IN THE FEDERAL FISCAL YEARS 2020/21 THROUGH 2025/26 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM WHEREAS, Riverside County is located within the metropolitan planning boundaries of the Southern California Association of Governments (SCAG); and WHEREAS, the Fixing America Surface Transportation (FAST) Act requires SCAG to adopt a regional transportation improvement program for the metropolitan area; and WHEREAS, the FAST Act also requires that the regional transportation improvement program include a financial plan that demonstrates how the transportation improvement program can be implemented; and WHEREAS, the Riverside County Transportation Commission (RCTC) is the agency responsible for short-range capital and service planning and programming for the Riverside County area within SCAG; and WHEREAS, as the responsible agency for short-range transportation planning, the RCTC is responsible for developing the Riverside County Transportation Improvement Program (TIP), including all projects utilizing federal and state highway and transit funds; and WHEREAS, the RCTC must determine, on an annual basis, the total amount of funds that could be available for transportation projects within its boundaries; and WHEREAS, the RCTC has adopted the Federal Fiscal Year (FFY) 2020/21 through FFY 2025/26 Riverside County TIP with funding for FFY 2020/21 and FFY 2021/22 available and committed, and reasonably committed for FFY 2022/23 through FFY 2025/2026. NOW, THEREFORE, BE IT RESOLVED by the RCTC that it affirms its continuing commitment to the projects in the FFY 2020/21 through FFY 2025/26 Riverside County TIP; and BE IT FURTHER RESOLVED, that the FFY 2020/21 through FFY 2025/26 Riverside County TIP Financial Plan identifies the resources that are available and committed in the first two years and reasonably available to carry out the program in the last four years, and certifies that: 1. Projects in the FFY 2020/21 through FFY 2025/26 Riverside County TIP are consistent with the proposed 2020 State Transportation Improvement Program (STIP) scheduled to be approved by the California Transportation Commission in March 2020; and 61 2. All of the projects in the Riverside County TIP have complete funding identified in the Program based on reasonably available funding; and 3. Riverside County has the funding capacity in its county Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Program (CMAQ) allocation to fund all of the projects in the FFY 2020/21 through FFY 2025/26 Riverside County TIP; and 4. The local match for projects funded with federal STP and CMAQ program funds is identified in the TIP; and 5. All the Federal Transit Administration funded projects are programmed within FAST Act Guaranteed Funding Levels. APPROVED AND ADOPTED this 11th day of March, 2020. Ben J. Benoit, Chair Riverside County Transportation Commission ATTEST: Lisa Mobley, Clerk of the Board Riverside County Transportation Commission 62 ixneVi,,It n . Fund Summary Riverside County Transportation Commission 2021 FTIP (FY 2020/2021- FY 2025/2026) Local Highway, State Highway, Transit Cost in Thousands FUNDING SOURCE PRIOR 2021 2022 2023 2024 2025 2026 BEYOND TOTAL YEAR 2016 EARMARK REPURPOSING $8,122 $0 $0 $0 $0 $0 $0 $0 $8,122 CMAQ $116,916 $7,644 $23,490 $0 $0 $0 $0 $443 $148,493 DEMO-TEA21 $7,918 $0 $0 $0 $0 $0 $0 $0 $7,918 DEMO-SAFETEA-LU $21,789 $1,602 $0 $0 $0 $0 $0 $0 $23,391 FFY 2006 APPROPRIATIONS EARMARKS $4,229 $0 $0 $0 $0 $0 $0 $0 $4,229 FFY 2009 Appropriations Earmarks $950 $0 $0 $0 $0 $0 $0 $0 $950 HIGHWAY INFRASTRUCTURE PROGRAM (HIP) $13,832 $0 $0 $0 $0 $0 $0 $0 $13,832 INFRASTRUCTURE FOR REBUILDING AMERICA (INFRA) GRANT $0 $50,000 $0 $0 $0 $0 $0 $0 $50,000 INTERSTATE MAINTENANC $238 $0 $0 $0 $0 $0 $0 $0 $238 PUBLIC LAND HWYS $631 $0 $0 $0 $0 $0 $0 $0 $631 RECREATIONAL TRAILS $17 $0 $0 $0 $0 $0 $0 $0 $17 SECTION 129- SURFACE TRANSPORTATION PRIORITIES $1,470 $0 $0 $0 $0 $0 $0 $0 $1,470 STP LOCAL $110,735 $200 $0 $1,215 $1 $0 $0 $0 $112,151 SURFACE TRANS BLK GRNT LOCAL $4,169 $0 $0 $0 $2 $0 $0 $0 $4,171 SURFACE TRANS BLK GRNT REGIONAL $0 $0 $1,000 $0 $0 $0 $0 $0 $1,000 SURFACE TRANS PROG $1,750 $0 $0 $0 $0 $0 $0 $0 $1,750 SURFACE TRANS PROG - HR4818 $1,231 $0 $0 $o $0 $o $0 $o $1,231 Section 125 - Surface Transportation Priorities $855 $0 $0 $0 $0 $0 $0 $0 $855 FEDERAL HIGHWAY SUBTOTAL $294,852 $59,446 $24,490 $1,215 $3 $0 $0 $443 $380,449 5307H-Hemet Urbanized Area $18,424 $0 $0 $0 $0 $0 $0 $0 $18,424 53071C-Indio-Cathedral City Urbanized Area $24,675 $0 $0 $0 $0 $0 $0 $0 $24,675 5307LA-LOS ANGELES/LONG BEACH/SANTA ANA URBANIZED AREA $92 $0 $0 $0 $0 $0 $0 $0 $92 5307MT-Murrieta-Temecula Urbanized Area $24,830 $0 $0 $0 $0 $0 $0 $0 $24,830 5307RS-Riverside/San Bernardino Urbanized Area $87,466 $15,965 $513 $552 $592 $710 $789 $0 $107,574 53101C-Indio-Cathedral City Urbanized Area - EM $1,720 $0 $0 $0 $0 $0 $0 $0 $1,720 5310MT-Murrieta-Temecula Urbanized Area - EM $1,085 $0 $0 $0 $0 $0 $0 $0 $1,085 5310RS-Riverside/San Bernardino Urbanized Area - EM $2,414 $0 $0 $0 $0 $0 $0 $0 $2,414 5311 - NONURBANIZED AREA FORMULA PROGRAM $3,670 $0 $0 $0 $0 $0 $0 $0 $3,670 5311F - INTERCITY BUS $1,057 $0 $0 $0 $0 $0 $0 $0 $1,057 5337RS-Riverside/San Bernardino Urbanized Area $35,519 $0 $0 $0 $0 $0 $0 $0 $35,519 5339 - BUS AND BUS FACILITIES FORMULA GRANTS $2,269 $0 $0 $0 $0 $0 $0 $0 $2,269 5339H-Hemet Urbanized Area - BFG $1,815 $0 $0 $0 $0 $0 $0 $0 $1,815 53391C-Indio-Cathedral City Urbanized Area - BFG $5,061 $0 $0 $0 $0 $0 $0 $0 $5,061 5339LA-LOS ANGELES-LONG BEACH- ANAHEIM URBANIZED AREA - BFG $30 $0 $0 $0 $0 $0 $0 $0 $30 5339MT-Murrieta-Temecula Urbanized Area - BFG $3,123 $0 $0 $0 $0 $0 $0 $0 $3,123 5339RS-Riverside/San Bernardino Urbanized Area - BFG $19,110 $198 $0 $0 $0 $0 $0 $0 $19,308 FEDERAL RAILROAD ADMINISTRATION EARMARK $2,982 $0 $0 $0 $0 $0 $0 $0 $2,982 FTA 5307 (FHWA TRANSFER FUNDS) $34,873 $0 $0 $0 $0 $0 $0 $0 $34,873 FTA 5307 UZA FORMULAR $3,512 $0 $0 $0 $0 $0 $0 $0 $3,512 FTA 5309(a) GUIDEWY $13,592 $0 $0 $0 $0 $0 $0 $0 $13,592 FTA 5309(c) BUS $7,464 $o $0 $o $0 $o $0 $0 $7,464 FTA 5310 ELD AND DISABI $360 $0 $0 $0 $0 $0 $0 $0 $360 NATIONAL RESEARCH AND TECHNOLOGY $9,990 $0 $0 $0 $0 $0 $0 $0 $9,990 FEDERAL TRANSIT SUBTOTAL $305,133 $16,163 $513 $552 $592 $710 $789 $0 $325,439 63 FUNDING SOURCE PRIOR 2021 2022 2023 2024 2025 2026 BEYOND TOTAL YEAR TRANSPORTATION INFRASTRUCTURE FINANCE & INNOVATION ACT $163,967 $0 $0 $0 $0 $0 $0 $0 $163,967 INNOVATIVE FINANCE SUBTOTAL $163,967 $0 $0 $0 $0 $0 $0 $0 $163,967 AGENCY $988,036 $119,978 $148,668 $183,457 $623,993 $137,441 $602,395 $50,449 $3,040,035 AIR BOARD $22,351 $4,538 $1,420 $1,678 $0 $0 $0 $0 $29,987 Agency - Adv Construction $62,032 $39,315 $110,618 $0 $0 $0 $0 $0 $211,965 BONDS - LOCAL $947,290 $5,000 $0 $0 $212,445 $0 $710,000 $0 $1,874,735 CITY FUNDS $221,899 $126,258 $266,050 $50,310 $288,263 $66,277 $59,927 $167,600 $1,403,180 COUNTY $129,212 $166 $92,925 $0 $0 $0 $0 $0 $222,303 DEVELOPER FEES $15,437 $7,685 $22,398 $15,400 $16,000 $14,856 $90,300 $0 $182,076 EASTERN RIV TUMF $13,962 $3,750 $2,958 $0 $0 $21,000 $0 $87,750 $129,420 FARE REVENUE $54,076 $0 $0 $0 $0 $0 $0 $0 $54,076 GENERAL FUNDS $1,400 $1,428 $1,485 $1,515 $1,545 $1,576 $1,608 $0 $12,197 Gas Tax (Subvention to cities) $64 $0 $0 $0 $0 $0 $0 $0 $64 LOCAL -ADVANCED CONSTRUCTION $0 $19,878 $0 $0 $0 $0 $0 $0 $19,878 LOCAL ADVANCE CONSTRUCTION $0 $43,326 $0 $0 $0 ($43,326) $0 $0 $0 LOCAL TRANS FUNDS $265,499 $80 $0 $0 $0 $0 $0 $0 $265,579 PRIVATE FUNDS $0 $10,000 $2,000 $800 $0 $0 $0 $0 $12,800 RIV CO SALES TAX $352,558 $2,575 $35,562 $0 $0 $0 $8,000 $0 $398,695 TDA ARTICLE #3 $2,517 $0 $0 $0 $0 $0 $0 $0 $2,517 TDA ARTICLE #4 $2,000 $0 $0 $0 $0 $0 $0 $0 $2,000 WESTERN RIV TUMF $271,898 $9,841 $14,281 $20,326 $29,000 $62,900 $8,000 $47,600 $467,846 LOCAL SUBTOTAL $3,350,231 $393,818 $698,365 $273,486 $1,171,246 $260,724 $1,480,230 $353,399 $8,329,353 ACTIVE TRANSPORTATION PROGRAM $48,915 $16,999 $7,496 $1,322 $8,366 $0 $0 $0 $83,098 ACTIVE TRANSPORTATION PROGRAM - MPO $21,668 $1,458 $460 $3,904 $1,931 $0 $0 $0 $29,421 BRIDGE - LOCAL $114,320 $5,460 $11,613 $906 $0 $257,034 $0 $0 $389,333 CAP AND TRADE PROGRAM $3,430 $0 $0 $0 $0 $0 $0 $0 $3,430 LOCAL BRIDGE SEISMIC RETROFIT ACCOUNT $437 $242 $0 $0 $0 $6,272 $0 $0 $6,951 NATIONAL HWY SYSTEM - HM $8,490 $0 $0 $0 $0 $0 $0 $0 $8,490 PUBLIC TRANS MODERINAZATION IMP AND SERV. ENHANCEMENTACCT. $10,440 $0 $0 $0 $0 $0 $0 $0 $10,440 SB1 LOCAL PARTNERSHIP COMPETITIVE FUNDS $18,747 $0 $0 $0 $0 $0 $0 $0 $18,747 SB1 LOCAL PARTNERSHIP FORMULA FUNDS $20,662 $0 $0 $0 $0 $0 $0 $0 $20,662 SB1TRADE CORRIDOR ENHANCEMENT $16,800 $0 $0 $0 $0 $0 $0 $0 $16,800 SECTION 190 GRADE SEPARATION PROGRAM $0 $0 $20,000 $0 $0 $0 $0 $0 $20,000 SENATE BILL 132 $246,195 $179,850 $1,127 $0 $0 $0 $0 $0 $427,172 SHOPP - ADVANCE CONSTRUCTION $470,006 $405,635 $537,663 $0 $0 $0 $0 $0 $1,413,304 SHOPP ADVANCE CONSTRUCTION (AC) - CT $0 $0 $0 $990 $10 $0 $0 $0 $1,000 MINOR STATE CASH $6,450 $1,650 $1,650 $1,650 $1,650 $1,650 $1,650 $0 $18,000 STATE CASH - RIP $5,273 $0 $66,377 $0 $0 $0 $0 $0 $71,650 STATE PARK FUNDS $400 $0 $0 $0 $0 $0 $0 $0 $400 STATE PUC $0 $0 $0 $0 $0 $0 $0 $0 $0 STATE TRANSIT ASSIST $69,553 $50 $0 $0 $0 $0 $0 $0 $69,603 STIP ADVANCE CON -RIP $61,290 $47,600 $0 $0 $4,472 $0 $0 $0 $113,362 TRADE CORRIDOR PROGRAM $10,359 $0 $0 $0 $0 $0 $0 $0 $10,359 TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM $16,449 $0 $0 $0 $0 $0 $0 $0 $16,449 TRANSIT SYSTEM SAFETY,SECURITY AND DISASTER RESPONSE ACCOUNT $373 $0 $0 $0 $0 $0 $0 $0 $373 STATE SUBTOTAL $1,150,257 $658,944 $646,386 $8,772 $16,429 $264,956 $1,650 $0 $2,749,044 TOTAL $5,264,440 $1,128,371 $1,369,754 $284,025 $1,188,270 $526,390 $1,482,669 $353,842 $11,948,252 64 AGENDA ITEM 7H RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Toll Policy and Operations Committee Jennifer Crosson, Toll Operations Manager THROUGH: Anne Mayer, Executive Director SUBJECT: 91 Express Lanes Monthly Status Reports TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the 91 Express Lanes Monthly Reports for the six months from July to December 2019. 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: Posted on the Commission Website 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 Agenda Item 7H 65 ATTACHMENT 1 OCTA Orange County Transportation Authority Riverside County Transportation Commission elbAde Express Lanes Status Report July 2019 As of July 31, 2019 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 0�J Express Lanes2 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 JuI-19 MTD Actual JuI-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%) IA ,J LanesExpress 3 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 yo 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%) ("J Lanes55 4 OCTA 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. E 3 0 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 FY 2019-20 Traffic Volume Overview Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month O Full Toll Lanes 03+ Lanes The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. $5,000,000 $4,500,000 $4,000,000 m 2 c m $3,500,000 $3,000,000 $2,500,000 FY 2019-20 Revenue Summary i 'LfiKi*7 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month OFull Toll Lanes ■3+ Lanes &Express Lanes 5 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 Monday 07101/19 Tuesday 07/02/19 Wednesday 07/03119 Thursday 07104/19 Friday 07/05/19 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% Monday 07/08119 Tuesday 07109/19 Wednesday 07110/19 Thursday 07/11119 Friday 07112/19 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% Monday 07/15/19 Tuesday 07/16/19 Wednesday 07117119 Thursday 07118/19 Friday 07/19/19 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% Monday 07122/19 Tuesday 07/23119 Wednesday 07124119 Thursday 07125119 Friday 07/26/19 PM lime 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% Monday 07/29119 Tuesday 07130/19 Wednesday 07131/19 Thursday 08101119 Friday 08102119 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% &Express Lanes 6 OCTA WESTBOUND PEAK -HOUR VOLUMES Monday 07101119 Tuesday 07/02/19 Wednesday 07/03119 Thursday 07104/19 Friday 07/05/19 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% Monday 07/08119 Tuesday 07/09/19 Wednesday 07/10119 Thursday 07/11/19 Friday 07112/19 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% Monday 07/15/19 Tuesday 07116119 Wednesday 07117119 Thursday 07118119 Friday 07/19119 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% Monday 07122/19 Tuesday 07123/19 Wednesday 07124/19 Thursday 07/25119 Friday 07126/19 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% 1 1 Monday 07129119 Tuesday 07/30119 Wednesday 07131119 Thursday 08101119 Friday 08102/19 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% &Express Lanes 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. 0. Express Lanes8 FINANCIAL HIGHLIGHTS OCTA 91 Express Lanes Operating Statement YTOasof: 713112019 YTD Variance Description Actual (If Budget] Dollar $ Percent (%) Operating revenues: Toll revenue $ 4,058,724.52 $ 4,343,601.00 $ (284,876.48) (6.6) Fee revenue 671,657.25 271,529.00 400,128.25 147.4 Total operating revenues 4,730,381.77 4,615,130.00 115,251.77 2.5 Operating expenses: Contracted services - 616,420.00 616,420.00 100.0 Administrative fee 206,754.00 236,657.00 29,903.00 12.6 Other professional services (197,331.05) 431,642.00 628,973.05 145.7 Credit card processing fees 76,462.53 111,375.00 34,912.47 31.3 Toll road account servicing 60,281.73 797,500.00 162,218.27 72.9 Other insurance expense 31,091.25 20,825.00 (10,266.25) (49.3) Toll road maintenance supply repairs 4,926.21 72,917.00 67,990.79 93.2 Patrol services 1,421,204.21 81,635.00 (1,339,569.21) (1,640.9) Building equipment repairs and maint (35,899.15) 22,262.00 58,161.15 261.3 Other services (18,298.00) 833.00 19,131.00 2 296 6 Utilities (21,901.15) 6,123.00 28,024.15 457 Office expense (4,152.88) 5,831.00 9,983.88 171.2 Bad debt expense 11,440.77 - (11,440.77) NIA Miscellaneous (4,767.71) 6,840.00 11,607.71 169.7 Leases 28,070.00 38,318.00 10,248.00 26.7 Total operating expenses 1,557,880.76 r 1,874,178.00 r 316,297.24 16.9 Depreciation and amortization (3). 284,195.65 - (284,195.65) N/A Operating income (loss) 2,888,305.36 2,740,952.00 147,353.36 5.4 Nonoperating revenues (expenses): Reimbursement from Other Agencies - - - N/A Interest income (198,061.35) 316,341.00 (514,402.35) (162.6) Interest expense F (405,558.31)r (392,672.00) (12,886.31)r (3.3) Other 12,026.78 - 12,026.78 N/A Total nonoperating revenues (expenses) (591,592.88) (76.331.00) (515,261.88) (675.0) Transfers in - - - NIA Transfers out (599.193.79) - (599,193.79:; N/A Net income floss) $ 1,697,518.69 $ 2,664,621.00 $ (967,102.31) (36.3) 'Actual amounts are accounted far an the accrual basis of accounting in an enterprise fund. Budget amounts are accounted for on a modified accrual basis of accounting. 2Miscellanens expenses include: Band Insurance Costs, Bank Service Charge, Transponder Materials. 3Depreciation and amortization are nat budgeted items. &Express Lanes 9 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 0/0 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=III= $0.12 0.0% Average Gross Revenue $4.00 $2.92 $1.08 37.0% $3.50 14.3% &Express Lanes 10 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 the 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 ;;;;ss;;;;;;. $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% Average3+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% &Express Lanes 11 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. 1,400,000 1,225,000 1,050,000 875,000 g 700,000 0 > 525,000 350,000 175,000 0 FY 2019-20 Traffic Volume Overview 1 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month 0Full Toll Lanes 03+ Lanes The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. $5,800,000 $5,400,000 $5,000,000 $4, 600, 000 $4, 200, 000 $3,800,000 $3,400,000 $3,000,000 $2,600,000 FY 2019-20 Revenue Summary r Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month DFull Toll Lanes •3+ Lanes rt Express 1 Lanes 12 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. t5J LanesExpress 13 RCTC EASTBOUND PEAK -HOUR VOLUMES Eastbound PM Peak - County Line to McKinley Monday 07101/19 Tuesday 07102119 Wednesday 07103119 Thursday 07104/19 Friday 07/05119 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 Monday 07/08/19 Tuesday 07109/19 Wednesday 07/10/19 Thursday 07111119 Friday 07112119 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 Monday 07115/19 Tuesday 07/16119 Wednesday 07/17/19 Thursday 07/18119 Friday 07/19119 PM Time 1 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 Monday 07/22/19 Tuesday 07/23119 Wednesday 07/24/19 Thursday 07125119 Friday 07126119 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 Monday 07/29119 Tuesday 07130119 Wednesday 07/31/19 Thursday 08/01/19 Friday 08102/19 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 &Express Lanes 14 Eastbound PM Peak - County Line to 1-15 South Monday 07101/19 Tuesday 07102119 Wednesday 07103119 Thursday 07104119 Friday 07105119 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 Monday 07108119 Tuesday 07109119 Wednesday 07110119 Thursday 07111119 Friday 07112119 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 Monday 07115119 Tuesday 07/16119 Wednesday 07117/19 Thursday 07/18119 Friday 07119119 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 Monday 07122119 Tuesday 07/23119 Wednesday 07124119 Thursday 07/25119 Friday 07126119 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 Monday 07129119 Tuesday 07130/19 Wednesday 07131/19 Thursday 08101119 Friday 08102119 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 &Express Lanes 15 RCTC WESTBOUND PEAK -HOUR VOLUMES Westbound AM Peak - McKinley to County Line Monday 07101119 Tuesday 07/02119 Wednesday 07103119 Thursday 07/04119 Friday 07105119 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 Monday 07/08119 Tuesday 07/09119 Wednesday 07/10/19 Thursday 07111119 Friday 07112119 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 Monday 07115/19 Tuesday 07116119 Wednesday 07117/19 Thursday 07118119 Friday 07119/19 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 Monday 07122119 Tuesday 07123119 Wednesday 07/24119 Thursday 07125119 Friday 07126119 AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. jigs 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 Monday 07/29119 Tuesday 07/30119 Wednesday 07/31119 Thursday 08/01119 Friday 08/02/19 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 &Express Lanes 16 Westbound AM Peak -1-15 North to County Line Monday 07/01119 Tuesday 07/02119 Wednesday 07/03119 Thursday 07/04119 Friday 07/05119 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 Monday 07/08119 Tuesday 07109119 Wednesday 07/10119 Thursday 07111/19 Friday 07112119 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 O600.0700 $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 Monday 07/15119 Tuesday 07/16119 Wednesday 07117/19 Thursday 07118119 Friday 07119119 AM Time Price HOV SOV r$6.85 Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400- 0500 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 O600.0700 $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 Monday 07/22119 Tuesday 07/23119 Wednesday 07/24119 Thursday 07125/19 Friday 07/26119 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 O600.0700 $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 Monday 07/29119 Tuesday 07/30119 Wednesday 07131/19 Thursday 08101/19 Friday 08102/19 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 &Express Lanes 17 CTC OPERATIONAL 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. 0. Lanes 18 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement YTD as of : 7131 /2 019 YTD Variance Description Actual1 Budget Dollar $ Percent MI Operating revenues: Toll Revenue Fee Revenue $ 4,839,810.75 680,012.00 $ 3,049,091.67 440,025.00 $ 1,790,719.08 240,707.80 58.7 54.7 Total operating revenues 5.520,623.55 3,489,116.67 2,031,506.88 58.2 Operating expenses: Salaries and Benefits Legal Services Advisory Services Audit and Accounting Fees Service Fees Other Professional Services Lease Expense Operations Utilities Supplies and Materials Membership and Subscription Fees Office Equipment& Furniture (Non -Capital) MaintenancelRepairs Training Seminars and Conferences Transportation Expenses Lodging Meals Other Staff Expenses Advertising Program Management Program Operations Litigation Settlement Furniture & Equipment Improvements Bad Debt Expense 149,720.54 - (10,300.00) 2 - (567.66) 2 (38,894.91) 2 15,135.00 117,252.49 (6,500.46) 2 - - - (8,527.00) 2 - - 242.72 - - (2,950.50) 2 (193.00) 2 419,699.60 - (0.16) 2 - 1.85 112,783.33 29,166.67 6,250.00 3,916.67 2,166.67 122,991.67 21,375.00 302,375.00 5,208.33 416.67 2,083.33 416.67 29,150.00 375.00 625.00 583.33 83.33 83.33 15,033.33 - 880,050.33 833.33 62,500.00 1,341.67 - (36,937.21) 29,166.67 16,550.00 3,916.67 2,734.33 161,886.58 6,240.00 185,122.51 11,708.79 416.67 2,083.33 416.67 37,677.00 375.00 625.00 340.61 83.33 83.33 18,703.83 193.00 468,350.65 833.33 62,500.16 1,341.67 (1.85) (32.8) 100.0 264.8 100.0 126.2 131.6 29.2 61.2 224.8 100.0 100.0 100.0 129.3 100.0 100.0 58.4 100.0 100.0 118.6 NIA 52.7 100.0 100.0 100.0 NIA Total operating expenses 634,118.59 1,600,616.67 974,490.00 60.6 Operating income (loss) 4,886,504.96 1,880,500.00 3,006,004.96 159.9 Nonoperating revenues {expenses}: Interest Revenue Other Miscellaneous Revenue Interest Expense - 580,488.69 - 126,841.67 - (593,325.00) (126,841.67) 580,488.69 593,325.00 100.0 NIA (100.0) Total nonoperating revenues (expenses) 580,488.69 (466,483.33) 1,045,972.02 224.4 Transfers In Transfers Out - - - (254,958.33) - 25.4,958.33 NIA (100.0) Net income (loss) I $ 5,466,993.65 I $ 1,159,1 58.33 I $ 4,307,935.32 I 371.7 1 Unaudited 2 Negatives are the result of FY2018/13 accruals &Express Lanes 19 JOINT AGENCY TRIP AND REVENUE STATISTICS 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 1-15 307,543 209,079 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 1-15 211,847 156,825 74% $ 429,076 McKinley 361,099 244,321 68% $ 1,262,328 JOINT AGENCY TRAFFIC STATISTICS Joint Agency Traffic Statistics 900,000 800,000 700,000 600,000 500,000 400,000 63% 66% 300,000 52% 70% 200,000 100,000 OCTA RCTC OCTA RCTC Westbound Eastbound OCTA Transactions RCTC Transactions % of OCTA Transactions Using Both Segments % of RCTC Transactions Using Both Segments Express �A Lanes 20 JOINT AGENCY PERFORMANCE MEASURES REPORTING REQUIREMENT Reporting Period PERFORMANCE STANDARD J uI-19 Perform ance CUSTOMER SERVICE Call Wait Time Abandon Rate Customer Satisfaction l Monthly Not to exceed 2 minutes Monthly No more than 4.0% Monthly At least 75 outbound calls 1:53 2.8% 75 VIOLATION PROCESSING Response Time Monthly Within 2 business days of receipt 0.9 CUSA Violation Collection Rate Quarterly 70% or more CUSA Violation Collection Rate Annually 74% or more TRAFFIC OPERATIONS Initial & Secondary Review s Monthly , Equal to or less than 15 days * Rate Misread Errors CAS Response Time ACCOUNTING OCTA Exceptions Monthly • Equal to or less than 0.4% Monthly , 0:20 (minutes) per call EMI i 1.5 0.01% 0:09 RCTC Exceptions Monthly Monthly No more than 3 • No more than 3 0 0 INFORMATION TECHNOLOGY Back -office System Uptime Netw ork Uptime Monthly • 99% Availability I Monthly , 99% Availability i 100% 100% CUSA = Cofiroute USA; CAS = OCTA Customer Assistance Specialists *Plate M isread Error performance is current after a 60-day ho Id -back period; therefore, percentage reported here is fo r 2 mo nths prio r to the month of this report. JOINT AGENCY TRANSPONDER DISTRIBUTION TRANSPONDER DISTRIBUTION July-19 Tags % of Total June-19 FY 2019-20 Tags ' % of Total Average To -Date Issued To New Accounts 1,442 46.9% Additional Tags to Existing Accounts Replacement Transponders 919 29.9% 713 Total Issued 3,074 23.2% 1,279 I 46.4% 836 1 30.3% 641 I 23.3% 2,756 1,442 46.9% 919 29.9% 713 , 23.2% 3,074 Returned Account Closures Accounts Dow nsizing Defective Transponders Total Returned 505 37.3% 169 12.5% 680 50.2% 1,354 505 37.3% 169 • 12.5% 1,020 I 62.1% 680 50.2% 1,642 - 1,354 432 I 26.3% /° &Express Lanes 21 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 160,000 - 150,000 - 140,000 - 130,000 - 120,000 - 110,000 - 100,000 - 90,000 - 80,000 - 70,000 - 60,000 - 114,556 114,138 112,584 112,473112,929 113,672 116,813 119,782 130,048 148,054 148,568 140,694 O°� y0 yy yl yS Nt ti� ti� y4' ti� ti0 04i Off, 5, � tih � '19 10 10 10 .10�.10�'19 y0 10 ti0 10 Fiscal Year Incoming Email Activity During July, the Anaheim Processing Center received 3,622 emails. r Express Jf Lanes 22 ATTACHMENT 2 OCTA Orange County Transportation Authority Riverside County Transportation Commission et Exams fines Status Report August 2019 As of August 31, 2019 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 0�J Express Lanes2 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATISTICS 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 IL 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% &Express Lanes 3 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 months of July 2019 through August 2019. FY 2019-20 Year to Date as of August 31, 2019 Trips FY2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY2018-19 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 3,091,5931 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% et Express Lanes 4 OCTA 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. E 0 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 FY 2019-20 Traffic Volume Overview Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ❑Full Toll Lanes 03+ Lanes The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. $5,000,000 $4,500,000 $4,000,000 m ww$3,500,000 $3,000,000 $2,500,000 FY 2019-20 Revenue Summary Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month DFull Toll Lanes ■3+ Lanes rt Express Al Lanes 5 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 Monday 07129/19 Tuesday 07/30119 Wednesday 07/31119 Thursday 08101119 Friday 08/02/19 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% Monday 08105119 Tuesday 08106119 Wednesday 08107/19 Thursday 08/08119 Friday 08/09/19 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% Monday 08/12/19 Tuesday 08/13/19 Wednesday 08/14119 Thursday 08115119 Friday 08/16/19 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% Monday 08/19/19 Tuesday 08/20/19 Wednesday 08121119 Thursday 08122119 Friday 08/23/19 PM lime 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% Monday 08126119 Tuesday 08127119 Wednesday 08128119 Thursday 08129119 Friday 08/30/19 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% Express A Lanes 6 OCTA WESTBOUND PEAK -HOUR VOLUMES Monday 07129/19 Tuesday 07/30/19 Wednesday 07131119 Thursday 08101/19 Friday 08/02/19 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% Monday 08/05119 Tuesday 08/06/19 Wednesday 08107119 Thursday 08/08/19 Friday 08/09/19 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% Monday 08112/19 Tuesday 08/13119 Wednesday 08114119 Thursday 08115119 Friday 08116119 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% Monday 08/19/19 Tuesday 08120/19 Wednesday 08121/19 Thursday 08/22/19 Friday 08123/19 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% Monday 08/26/19 Tuesday 08/27/19 Wednesday 08/28/19 Thursday 08129119 Friday 08/30/19 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% &Express Lanes 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, ROTC, 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. 0. Express Lanes8 FINANCIAL HIGHLIGHTS OCTA 91 Express Lanes Operating Statement YTD as of : 813112019 YTD Variance Description Actual {tl Budget {t} Dollar $ Percent.(%) Operating revenues: Toll revenue $ 8,456,529.70 $ 9,050,173.00 $ (593,643.30) (6.6) Fee revenue 1,271,874.58 550,474.00 721,400.58 131.1 Total operating revenues 9,728,404.28 9,600,647.00 127,757.28 1.3 Operating expenses: Contracted services 1,008,793.92 1,232,840.00 224,046.08 18.2 Administrative fee 472,480.00 473,314.00 834.00 0.2 Other professional services (70,792.15) 571,476.00 642,268.15 112.4 Credit card processing fees 97,302.43 233,685.00 136,382.57 58.4 Toll road account servicing 105,817.93 450,250.00 344,432.07 76.5 Other insurance expense 62,182.50 41,650.00 (20,532.50) (49.3) Toll road maintenance supply repairs 18,180.48 95,834.00 77,653.52 81.0 Patrol services - 163,270.00 163,270.00 100.0 Building equipment repairs and maint (34,415.86) 50,764.00 85,179.86 167.8 Other services (17,552.00) 1,666.00 19,218.00 1,153.5 Utilities (17,674.91) 12,246.00 29,920.91 244.3 Office expense (4,010.20) 11,662.00 15,672.20 134.4 Bad debt expense 24,613.44 - (24,613.44) N/A Miscellaneous i2) 472.25 13,680.00 13,207.75 96.5 Leases 28,070.00 76,636.00 48,566.00 63.4 Total operating expenses 1,673,467.83 r 3,428,973.00 P. 1,755,505.17 51.2 Depreciation and amortization :.-� 567,432.97 - (567,432.97) N/A Operating income (loss). 7,487,503.48 6,171,674.00 1,315,829.48 L 21.3 Nonoperating revenues (expenses).: Reimbursement from Other Agencies 29,580.00 - 29,580.00 N/A Interest income 182,466.39 632,682.00 (450,215.61) (71.2) Interest expense F (798,387.45)r (785,344.00) (13,043.45)F (1.7) Other 13,160.66 - 13,160.66 N/A Total nonoperating revenues (expenses} (573,180.40) (152,662.00) (420,518.40) (275.5) Transfers in - - - N/A Transfers out - - - N/A Net income (loss). $ 6,914,323.08 $ 6,019,012.00 $ 895,311.08 14.9 'Actual amounts are accounted for an the accrual basis of accounting in an enterprise fund. Budget amounts are accounted for on a modified accrual basis of accounting. 'h.iiscellaneous expenses include: Bond Insurance Casts, Bank Service Charge, Transponder Materials. 'Depreciation and amortization are not budgeted items. Capital Asset Activity During the two months ending August 31, 2019, capital asset activities included $5,329 for transponder purchases. &Express Lanes 9 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 yo 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 I•I•I•I•I•I•I•I•I•I•I•I•I $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% &Express Lanes 10 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 months 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 ok 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% et Express Lanes 11 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. m E 0 > 1,575,000 1,400,000 1,225,000 1,050,000 875,000 700,000 525,000 350,000 175,000 0 FY 2019-20 Traffic Volume Overview Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month OFull Toll Lanes 03+ Lanes The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. $6,000,000 $5,600,000 $5,200,000 $4,800,000 w m $4,400,000 $4,000,000 $3,600,000 $3,200,000 $2,800,000 FY 2019-20 Revenue Summary Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month OFull Toll Lanes 03+ Lanes r Express 1 Lanes 12 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. t5J LanesExpress 13 RCTC EASTBOUND PEAK -HOUR VOLUMES Eastbound PM Peak - County Line to McKinley Monday 07/29/19 Tuesday 07/30/19 Wednesday 07131119 Thursday 08/01/19 Friday 08/02/19 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 Monday 08105/19 Tuesday 08/06/19 Wednesday 08107/19 Thursday 08108119 Friday 08109119 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 Monday 08112/19 Tuesday 08/13/19 Wednesday 08/14/19 Thursday 08/15119 Friday 08116119 PM Time 1 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 Monday 08/19119 Tuesday 08120119 Wednesday 08/21/19 Thursday 08122119 Friday 08123119 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 Monday 08126119 Tuesday 08127119 Wednesday 08128119 Thursday 08/29/19 Friday 08130119 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 r Express 1 Lanes 14 Eastbound PM Peak - County Line to 1-15 South Monday 07129/19 Tuesday 07/30119 Wednesday 07/31119 Thursday 08101/19 Friday 08/02/19 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 'Monday 08105119 Tuesday 08106119 Wednesday 08/07119 Thursday 08108119 Friday 08109119 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 Monday 08112/19 Tuesday 08/13/19 Wednesday 08/14119 Thursday 08115119 Friday 08116119 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 Monday 08119/19 Tuesday 08/20/19 Wednesday 08121/19 Thursday 08122119 Friday 08123119 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 Monday 08126/19 Tuesday 08/27119 Wednesday 08128119 Thursday 08129119 Friday 08130119 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 rt Express 1 Lanes 15 RCTC WESTBOUND PEAK -HOUR VOLUMES Westbound AM Peak - McKinley to County Line Monday 07129/19 Tuesday 07130/19 Wednesday 07131/19 Thursday 08101/19 Friday 08102119 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 Monday 08/05119 Tuesday 08/06119 Wednesday 08/07/19 Thursday 08108/19 Friday 08109/19 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 Monday 08112119 Tuesday 08113119 Wednesday 08114119 Thursday 08/15119 Friday 08116119 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 Monday 08/19119 Tuesday 08/20119 Wednesday 08121/19 Thursday 08122/19 Friday 08123/19 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 Monday 08/26119 Tuesday 08/27119 Wednesday 08128119 Thursday 08129119 Friday 08130119 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 &Express Lanes i6 Westbound AM Peak -1-15 North to County Line Monday 07/29119 Tuesday 07/30119 Wednesday 07/31119 Thursday 08/01119 Friday 08/02119 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 41 $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 O600.0700 $14.50 338 1,010 1,348 E $6.85 275 1,021 1,296 E O700.0800 $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 Monday 08105119 Tuesday 08/06119 Wednesday 08/07119 Thursday 08108/19 Friday 08109/19 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 O600.0700 $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 Monday 08112119 Tuesday 08/13119 Wednesday 08114119 Thursday 08115/19 Friday 08116/19 AM Time Price HOV SOV r$6.85 Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400.0500 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 O600.0700 $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 Monday 08/19119 Tuesday 08/20119 Wednesday 08/21119 Thursday 08122/19 Friday 08123/19 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 O600.0700 $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 Monday 08/26119 Tuesday 08/27119 Wednesday 08128119 Thursday 08129/19 Friday 08130119 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 O600.0700 $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 &Express Lanes 17 CTC OPERATIONAL 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. 0J Lanes 18 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement YTD as of : 8/31/2019 YTD Variance Description Actual' Budget Dollar $ Percent (%) Operating revenues: Toll Revenue Fee Revenue $ 10,276,311.56 1,342,939.71 $ 6,098,183.33 880,050.00 $ 4,178,128.23 462,889.71 68.5 52.6 Total operating revenues 11,619,25127 6,978,233.33 4,641,017.94 66.5 Operating expenses: Salaries and Benefits Legal Services Advisory Services Audit and Accounting Fees Service Fees Other Professional Services Lease Expense Operations Utilities Supplies and Materials Membership and Subscription Fees Office Equipment & Furniture (Non -Capital) Maintenance/Repairs Training Seminars and Conferences Transportation Expenses Lodging Meals Other Staff Expenses Advertising Program Management Program Operations Litigation Settlement Furniture & Equipment Improvements Bad Debt Expense 197,945.06 (61,885.91) 2 1,463.38 2 - (567.66) 2 (28,55270) 2 29,170.00 234,032.91 (3,799.01) 2 28.58 - - (7,74825) 2 - 79.84 840.90 318.96 123.00 (2,950.50) 2 (0.54) 2 1,423,196.33 - (0.16) 2 16,03227 6.54 225,566.67 58,333.33 12,500.00 7,833.33 4,333.33 245,983.33 42,750.00 604,750.00 10,416.67 833.33 4,166.67 833.33 58,300.00 750.00 1,250.00 1,166.67 166.67 166.67 31,666.67 - 1,776,116.67 1,666.67 125,000. O 2,683.33 - 27,621.61 120,219.24 11,036.62 7,833.33 4,900.99 274,536.03 13,580.00 370,717.09 14,215.68 804.75 4,166.67 833.33 66,048.25 750.00 1,170.16 325.77 (152.29) 43.67 34,617.17 0.54 352,920.34 1,666.67 125,000.16 (13,348.94) (6.54) 12.2 206.1 88.3 100.0 113.1 111.6 31.8 61.3 136.5 96.6 100.0 100.0 113.3 100.0 93.6 27.9 (91.4) 26.2 109.3 NIA 19.9 100.0 100.0 (497.5) NIA Total operating expenses 1,797,733.04 3,217,233.33 1,419,500.29 44.1 Operating income (loss) 9,821,51823 3,761,000.00 6„060,518.23 161.1 Nonoperating revenues (expenses): Interest Revenue Other Miscellaneous Revenue Interest Expense 98,773.47 580,493.50 - 253,683.33 - (1,186,650.00) (154,909.86) 580,493.50 1,186,650.00 61.1 NIA (100.0) Total nonoperating revenues (expenses) 679,266.97 (932,966.67) 1,612,233.64 172.8 Transfers In Transfers Out - - - (509,916.67) - 509,916.67 N/A (100.0) Net income (lass) $ 10,500,785.20 $ 2,318,116.67 $ 8,182,668.53 353.0 'Unaudited `Negatives are the result of FY2013/19 accruals &Express Lanes 19 JOINT AGENCY TRIP AND REVENUE STATISTICS 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 1-15 316,208 201,477 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 1-15 237,205 180,851 76% $ 506,403 McKinley 407,214 276,521 68% $ 1,502,576 JOINT AGENCY TRAFFIC STATISTICS 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 Joint Agency Traffic Statistics 64% 61% 56% 71% OCTA RCTC OCTA RCTC Westbound Eastbound OCTA Transactions RCTC Transactions % of OCTA Transactions Using Both Segments % of RCTC Transactions Using Both Segments r Express A Lanes 20 JOINT AGENCY PERFORMANCE MEASURES REPORTING REQUIREMENT I Reporting Period PERFORMANCE STANDARD Aug-19 Performance CUSTOMER SERVICE ** Call Wait Time ** Abandon Rate Customer Satisfaction + + Monthly I Monthly Not to exceed 2 minutes No more than 4.0% At least 75 outbound calls 3:45 5.5% ; Monthly 76 VIOLATION PROCESSING Response Time CUSA Violation Collection Rate CUSA Violation Collection Rate } Monthly I Quarterly Annually Within 2 business days of receipt 70% or more 0.6 74% or more TRAFFIC OPERATIONS Initial & Secondary Reviews * Plate Misread Errors 1 Monthly I Monthly • Equal to or less than 15 days • Equal to or less than 0.4% 0.8 - 0.01% _ 0:14 __ CAS Response Time T Monthly • 0:20 (minutes) per call ACCOUNTING OCTA Exceptions RCTC Exceptions 1 Monthly I Monthly No more than 3 No more than 3 _-1 1 - 0 - 0 INFORMATION TECHNOLOGY Back -office System Uptime Network Uptime I Monthly t Monthly 99% Availability • 99% Availability 1 _ 100% 100% CUSA = Cofiroute USA; CAS = OCTA Customer Assistance Specialists *Plate M isread Error performance is current after a 60-day ho Id -back period; therefore, percentage reported here is for 2 months prior to the month of this report. **In August 2019 the CSC received 5,916 (+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. JOINT AGENCY TRANSPONDER DISTRIBUTION TRANSPONDER DISTRIBUTION August-19 July-19 Tags % of Total Tags % of Total FY 2019-20 Average To -Date Issued To New Accounts Additional Tags to Existing Accounts Replacement Transponders Returned 1,586 52.1% 889 29.2% 567 18.6% 1,442 I 46.9% 919 I 29.9% 713 23.2% Total Issued 3,042 Account aosures Accounts Downsizing Defective Transponders Total Returned! 3,074 440 39.9% 114 10.3% 550 49.8% 1,104 505 It 37.3% 169 I 12.5% 680 50.2% 1,354 1,514 49.5% 904 , 29.6% 640 20.9% 3,058 473 38.4% 142 11.5% 615 50.0% OAP,Express Lanes 21 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 160,000 - 150,000 - 140,000 - 130,000 - 120,000 - 110,000 - 100,000 - 90,000 - 80,000 - 70,000 - 60,000 114,556 114,138 112,584 112,473112,929 113,672 i r L 116,813 119,782 130,048 140,694 148,054 149,344 e y0 yy yl N. y0 N. Nio tit y4' ti� ti0 if'04i Off, '° �,�, tit' fib, ti� tih ti� ti� �� '''', .10 .10 .10 .10 .10 .10 ,LO ,y0 .10 .ti0 .10 Fiscal Year Incoming Email Activity During August, the Anaheim Processing Center received 3,918 emails. r Express 1 Lanes 22 ATTACHMENT 3 Orange County Transportation Authority OCTA Riverside County Transportation Commission • et Exams fines Status Report September 2019 As of September 30, 2019 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 ao 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 &Express Lanes 2 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% &Express Lanes 3 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 months 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% Express Lanes 4 OCTA 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. E 0 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 FY 2019-20 Traffic Volume Overview Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ❑Full Toll Lanes 03+ Lanes The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. $5,000,000 $4,500,000 $4,000,000 a) cceD $3,500,000 $3,000,000 $2,500,000 FY 2019-20 Revenue Summary E3��E�3�1f E Sidaidci Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month OFull Toll Lanes ■3+ Lanes rt Express Al Lanes 5 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 Monday 09102i19 Tuesday 09163119 Wednesday 09104119 Thursday 09105/19 Friday 09/06119 PM Tine Price HOV Voi. Cap. Price HOV Voi. Cap. Price HOV Vol. Cap. Price HQV Vol. Cap. Price HQV Vol. Cap. 1400 -1500 54.45 414 1,040 31 % 55.15 470 2,756 81% 55.15 452 2,983 88% $6.70 506 3,224 95% $7.10 532 3,177 93% 1540-1600 54.45 422 977 29% $5.75 666 2,792 82% 57.75 702 2,987 88% 56.75 598 2,647 78% 59.15 509 1,810 53% 1540-1740 54.45 431 978 29% $5.50 425 2,888 85% $7.50 426 2,845 84% $8.30 490 2,348 69% $8.95 536 2,696 79% 17C0-18C0 $4.45 407 880 26% 55.40 496 2,863 84% $6.40 489 2,965 87% 58.70 460 2,530 74% 57.05 508 2,846 84% 1800-1900 14.45 484 987 29% $3.95 562 2,856 8459 $3.95 609 2,939 86% $4.85 625 2,968 87% $6.55 649 2,789 82% 1900-2000 $4.45 501 994 29% $3.85 601 2,455 72% $3.85 645 2,512 74% 55.60 621 2,521 74% 56.05 640 2,240 66% Monday 09109/19 Tuesday 09110119 Wednesday 09111119 Thursday 09112/19 Friday 09113119 PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol, Cap. Price HQV Vol, Cap. Price HOV Vol. Cap. 1400-1500 55.15 466 2,769 81% 55.15 461 2,812 83% 55.15 476 2,874 85% $6.70 466 3,158 93% $7.10 531 3,113 92% 1500-1600 $5.50 675 3,003 88% $5.75 639 2,786 82% $7.75 712 3,045 90% 56.75 659 2,956 87% 59.15 740 2,626 77% 1600-1700 55.35 474 2,964 87% $5.50 423 2,861 84% $7.50 476 2,853 84% $8.30 515 2,810 83% 58.95 539 2,874 85% 1700-1800 55.30 495 2,977 88% $5.40 476 2,886 85% $6.40 501 2,924 86% $8.70 421 2,332 69% $7.05 603 3,115 92% 1800-1900 55.50 621 2,730 80% 53.95 523 2,723 80% $3.95 661 2,956 87% $4.85 643 3,095 91% 56.55 610 2,848 84% 1900-2000 $3.85 483 1,966 58% 33.85 588 2,501 74% 53.85 569 2,455 72% 55.60 723 2,814 83% S6.05 481 2,355 69% Monday 69/16/19 Tuesday 09/17/19 Wednesday 09/16/19 Thursday 09119/19 Friday 09120119 PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HQV Vol. Cap. 1400-150 55.15 474 2,721 8059 55.15 449 2,857 84% 55.15 482 3,007 8859 $6.70 473 3,124 928 $7.10 567 3,126 928 1500-1600 55.50 626 3,010 89% $5.75 677 2,859 84% $7.75 682 2,807 83% $6.75 643 3,020 89% 59.15 731 2,706 80% 1640-1740 55.35 498 2,958 87% $5.50 446 2,975 88% $7.50 430 2,744 81% $8.30 501 2,974 87% 38.95 466 2,738 81% 1740-1800 $5.30 519 3,050 9059 $5.40 510 3,037 89% $6.40 481 2,845 84% 58.70 433 2,446 72% $7.05 542 2,816 83% 1840-1955 $5.50 620 2,665 78% $3.95 650 3,0E7 91% $3.95 642 3,046 90% $4.85 610 2,868 84% $6.55 667 2,874 85% 1900-2000 53.85 465 1,751 52% $3.85 583 2,415 71% $3.85 693 2,833 83% 55.60 726 2,782 82% $6.05 669 2,295 68% Monday 69123/19 Tuesday 09124119 Wednesday 09125119 Thursday 09126/19 Friday 09127119 PM Tine Price HOV Vol. Cap. Price HQV Vol. Cap. Price HQV Vol. Cap. Price HQV Vol. Cap. Price HQV Vol. Cap. 1400-1500 55.15 461 2,636 78% 55.15 428 2,899 85% 55.15 462 3,002 88% 56.70 463 3,209 94% $7.10 560 3,210 94% 1500-1600 55.50 634 3,018 89% $5.75 622 2,739 81% $7.75 621 2,831 83% $6.75 651 3,125 92% 59.15 754 2,719 80% 1600-1700 $5.35 454 2,869 84% $5.50 422 2,793 82% $7.50 420 2,784 82% 58.30 534 2,973 87% $8.95 542 2,878 85% 1700-1800 55.30 516 2,937 86% $5.40 479 2,765 81% $6.40 477 2,826 83% 58.70 429 2,565 75% 37.05 613 2,953 87% 1800-1900 $5.50 674 2,802 82% $3.95 535 2,678 79% $3.95 651 2,921 86% 54.55 687 3,131 9259 $6.55 692 2,674 79% 1900-2000 53.85 483 1,865 55% 53.85 714 2,787 82% $3.85 677 2,709 80% 55.60 617 2,434 72% 56.05 630 2,007 59% Monday 09130119 Tuesday 10101119 Wednesday 10102119 Thursday 10103/19 Friday 10104119 PM Time Price HQV Vol. Cap. Price HOV Vol. Cap. Price HQV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1C. - 15:0 55.15 419 2,572 7659 1550 -1644• $5.50 663 3,141 92% 1600 -1700 55.35 445 2,851 84% 1700 -1800 55.30 515 3,162 93% 1800 -1900 55.50 635 2,573 76% 1900 - 2000 53.85 482 1,951 57 % &Express Lanes 6 OCTA WESTBOUND PEAK -HOUR VOLUMES Monday 09102119 Tuesday 09/03/19 Wednesday 09104119 Thursday 09/05119 Friday 09106/19 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% Monday 09/09119 Tuesday 09/10/19 Wednesday 09/11/19 Thursday 09/12/19 Friday 09113/19 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% Monday 09/16119 Tuesday 09/17/19 Wednesday 09/18119 Thursday 09/19119 Friday 09120/19 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% Monday 09/23/19 Tuesday 09/24/19 Wednesday 09/25/19 Thursday 09/26/19 Friday 09127/19 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% Monday 09/30/19 Tuesday 10/01/19 Wednesday 10/02/19 Thursday 10/03119 Friday 10/04/19 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% ell?, Express Lanes 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 completed 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 4tn 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. 0. Express Lanes8 FINANCIAL HIGHLIGHTS OCTA 91 Express Lanes Operating Statement YTD as of : 913012019 'YTD Variance Description Actual {1} Budget {1} Dollar $ Percent M} Operating revenues: Toll revenue $ 12,548,956.42 $ 13,286,733.00 $ (737,776.58) (5.6) Fee revenue 1,880,700.76 880,052.00 1,000,648.76 113.7 Total operating revenues 14,429,657.18 14,166,785.00 262,872.18 1.9 Operating expenses: Contracted services 1,516,906.78 1,849,260.00 332,353.22 18.0 Administrative fee 708,720.00 709,971.00 1,251.00 0.2 Other professional services (8,268.66) 939,356.00 947,624.66 100.9 Credit card processing fees 312,561.54 355,590.00 43,028.46 12.1 Toll road account servicing 165,800.32 620,500.00 454,699.68 73.3 Other insurance expense 93,273.75 62,475.00 (30,798.75) (49.3) Toll road maintenance supply repairs 70,963.05 118,751.00 47,787.95 40.2 Patrol services 170,690.14 244,905.00 74,214.86 30.3 Building equipment repairs and maint (32,873.57) 81,556.00 114,429.57 140.3 SC Transponders - 62,500.00 62,500.00 100.0 Other services (16,806.00) 8,749.00 25,555.00 292.1 Utilities 6,984.85 18,369.00 11,384.15 62.0 Office expense (759_16) 88,805.00 89,564.16 100.9 Bad debt expense 35,916.31 - (35,916.31) NIA Miscellaneous {2} 3,121.20 29,620.00 26,498.80 89_5 Leases 93,289.00 114,954.00 21,665.00 18.8 Total operating expenses 3,119,519.55 r 5,305,361.00 r 2,185,841.45 41.2 Depreciation and amortization {3) 851,208.01 - (851,208.01) NIA Operating income Moss}I 10,458,929.62 8,861,424.00 1,597,505.62 18.0 Nonoperating revenues expenses}: Reimbursement from Other Agencies 45,200.00 - 45,200.00 N/A Interest income 1,551,032.50 949,023.00 602,009.50 63.4 Interest expense ' (1,178,487.42)" (1,178,016.00) (471.42)r (0.0) Other 13,160.66 - 13,160.66 N/A Total nonoperating revenues (expenses) 430,905.74 (228,993.00) 659,898.74 288.2 Transfers in - - - N/A Transfers out - (5,000.00) 5,000.00 100.0 Net income {loss}I $ 10,889,835.36 I $ 8,621,431.04 I $ 2,262,404.36 I 26.2 'Actual 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. 'Miscellaneous expenses include: Bond Insurance Costs, Bank Service Charge, Transponder Materials. 'Depreciation and amortization are not budgeted items. 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. &Express Lanes 9 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 vi $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 I """"" . 1 $0.10 10.0% Average Gross Revenue $4.12 $2.98 $1.14 38.3% $3.48 18.4% &Express Lanes 10 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 months 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% r Express A Lanes 11 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. E 0 1.575.000 1.400.000 1,225,000 1.050.000 875,000 700.000 525.000 350.000 175.000 0 FY 2019-20 Traffic Volume Overview Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ■Full Toll Lanes ■3+Lanes The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. $6,000,GOO $5600GOO $5200GOO $4800GOO a) $4 400 000 $4,000,GOO $3,600,GOO $3200GOO $2800GOO FY 2019-20 RevenueSummary Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ■Full Toll Lanes •3+ Lanes &Express Lanes 12 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 EASTBOUND PEAK -HOUR VOLUMES Eastbound PM Peak - County Line to McKinley Monday 09102119 Tuesday 09103119 Wednesday 0504119 Thursday 09105119 Friday 09105119 PM Time Price HOV 83V Vol_ LOS Price HOV 93V Vol- LOS Price HOV SDV Vol- LOS Price HOV 010V Vol_ LOS Price HOV 8311 Vol- LOS 1400 - 1500 32.25 130 307 497 B 36.95 247 930 1,177 D 57.35 253 1,110 1,363 F 310.50 270 1,070 1,340 F 519.65 318 1,001 1,319 F 1500 - 1600 52.25 185 267 452 B 56.95 342 906 1,248 E 85.85 362 883 1,245 E 512.00 338 831 1,169 0 519.35 298 692 990 C 1600 - 1700 52.25 200 249 449 B 55.30 176 1,077 1,253 E 55.30 207 898 1,105 D $8.15 240 817 1,057 D 511.10 302 954 1,256 E 1700 - 1800 52.25 201 212 413 B 55.30 197 910 1,107 D 55.30 230 857 1,087 0 $5.30 247 856 1,103 D 56.95 290 942 1,232 E 1800 - 1900 52.25 214 23B 452 B 55.30 232 787 1,019 D S5.30 287 797 1,084 D $5.30 291 836 1,127 D 56.95 340 891 1,234 E 1900-2000 52.25 233 229 462 B 54.20 229 660 889 C $1.20 274 679 963 C 55.30 256 735 991 C 15.30 323 740 1,963 D Monday 09109119 Tuesday 09/10119 Wednesday 0011119 Thursday 09112/19 Friday 09/13119 PM Time Price HIM 5DV Vol_ LOS Price HOV SOV Vol- LDS Price HOV SOV Vol- LOS Price 11❑V 50V Vol_ LOS Price HDV 50V Vol- LOS 1400. 1500 55.30 244 1,048 1,292 E 56.95 260 999 1,259 = 57.95 253 1,006 1,259 E 510.50 283 1,660 1,343 F 519.65 315 1,005 1,320 F 1500 - 1600 55.00 346 877 1,223 E 56.95 313 950 1,2 3 E 58.85 391 901 1,292 E 112.00 330 925 1,255 E $19.35 381 792 1,173 0 1600- 1700 55.30 241 871 1,112 D 55.30 192 929 1,121 D 85.30 226 912 1,138 D $8.15 201 922 1,123 0 $11.10 243 979 1,222 E 1700 - 1800 55.30 250 83B 1,088 D 55.30 172 858 1,030 D 55.30 240 822 1,062 0 $5.30 176 782 958 C 56.95 264 1,034 1,298 E 1800. 1900 55.30 292 731 1,023 D 55.30 239 785 1,024 D 55.30 318 763 1,081 0 $5.30 264 938 1,202 E 16.95 327 963 1,290 E 1900 - 2000 52.25 204 554 758 B 54.20 248 747 995 C 54.20 262 662 924 C $5.30 291 907 1,198 0 $5.30 332 779 1,111 D Monday 09116119 Tuesday 09117119 Wednesday 0018119 Thursday 09119119 Friday 09I20119 PM Time Price HOV WV Vol_ LOS Price TIDY S8V Vol- LOS Price HOV 9D11 Vol- LOS Price HOV SOV Vol_ LOS Price HOV 9011 Vol. LOS 1400.1500 35.30 269 968 1,237 E 56.95 238 1,039 1,277 E 57.05 253 1,075 1,328 F 510.50 249 1,163 1,412 F 519.65 336 1,163 1,499 F 1500 - 1600 5000 316 887 1,203 E 56.95 287 930 1,217 E 58.85 308 928 1,236 E 512.00 303 994 1,302 F $19.35 370 874 1,244 E 1600- 1700 55.30 237 ::: 1,125 D 55.30 159 967 1,126 D S6.30 191 962 1,153 D $8.15 212 935 1,147 0 $11.10 221 1,058 1,279 E 1700 - 1800 55.30 211 877 1,088 D 55.30 182 957 1,139 D 55.30 198 887 1,085 D $5.30 191 875 1,963 D 56.95 274 1,119 1,333 F 1800. 1900 55.30 246 727 973 C 55.30 250 866 1,106 D 55.30 285 893 1,178 D $5.30 267 908 1,175 0 15.95 319 1,196 1,515 F 1900 - 2000 52.25 168 501 728 B $4.20 236 657 893 C $4.29 239 820 1,059 D $5.30 283 891 1,174 D 15-30 313 1,020 1,333 F Monday 09123119 Tuesday 09/24/19 Wednesday 0925119 Thursday 09126119 Friday 09/27119 PM Time Price NOV 50V Vol_ LOS Price HOV SDV Vol- LOS Price NOV SOV Vol- LOS Price NOV 50V Vol_ LOS Price HDV SOV Vol. LOS 1400. 1500 55.30 248 954 1,202 E 56.95 231 1,055 1,286 E 57.95 241 1,075 1,316 F 510.50 265 1,127 1,392 F 519.65 303 1,069 1,372 F 1500 - 1600 58.00 323 923 1,246 E 56.95 286 985 1,271 E 58.85 285 941 1,226 E 112.00 298 976 1,274 E 519.35 356 872 1,228 E 1600 - 1700 55.30 184 889 1,073 D 55.30 162 918 1,980 D S5.30 195 951 1,146 D $8.15 225 1,907 1,232 E 511.10 259 1,027 1,286 E 1700 - 1800 55.30 219 794 1,013 D S5.30 214 842 1,056 D 15.30 212 894 1,106 D $5.30 184 907 1,091 D 56.95 252 991 1,243 E 1800. 1900 55.30 306 770 1,076 D 55.30 255 763 1,014 D 15.30 270 906 1,176 0 $5.30 285 932 1,217 E 56.95 2130 811 1,031 0 1900-2000 52.25 228 557 785 B 54.20 263 765 1,028 D 54.20 249 841 1,090 0 $5.30 233 791 1,024 D 35.30 249 692 941 C Monday 09130119 Tuesday 10101119 Wednesday 007119 Thursday 10103119 Friday 10104/19 PM Time Price HOV WV Vol_ L05 Price NOV 5❑V Vol. LOS Price HOV SOV Vol- L05 Price HOV SOV Vol. L05 Price HDV SOV Vol. L05 1400 - 1500 55.30 245 8003 1,138 C 1500 -1600 6800 315 930 1,245 E 1600 -1700 55.30 199 970 1,169 0 1700 -1800 $5.30 213 910 1,123 D 1800 -1900 $5.30 275 765 1,1)10 0 1900 - 2000 $225 215 596 811 C &Express Lanes 13 Eastbound PM Peak - County Line to I-15 South Monday 00/02119 Tuesday 09/03119 Wednesday 0904.+19 Thursday 09/05/19 Friday 09/0619 PM Time Price NOV 50V Vol. LDS Price NOV 50V Vol. L05 Price NOV 50V Vol. LDS Price NOV SOV Vol. LDS Price NOV 50V Vol. LOS 1400-1500 51.95 113 167 280 A 52.95 126 704 830 C 52.95 129 771 900 C 55.30 143 768 911 C 55.30 146 656 802 C 1500 . 1600 51.95 115 161 276 A 52.95 155 56B 723 B 85.30 163 632 795 B $5.30 146 597 743 B 52.95 143 437 580 B 1600 - 1700 51.95 87 163 250 A 52.95 92 663 755 B 52.95 99 605 704 B $2.95 123 556 679 B 52.95 152 581 733 B 1700 - 1200 S1.95 99 150 249 A 52.95 107 561 668 B 52.95 127 563 090 B $2.95 133 636 769 B 1.95 124 56 690 B 1800-1900 51.95 130 144 274 A 82.95 126 584 710 B 52.95 151 611 762 B $2.95 142 587 729 B 52.95 129 525 654 B 1900 -2000 51.95 143 160 303 A 12.95 130 546 676 B 52.95 165 502 667 B $2.95 16B 567 735 B 112.95 163 484 647 B Monday 09/09/19 Tuesday 09110119 Wednesday 0911/19 Thursday 09/12/19 Fritlay 09/13/19 PM Time Price HOV SOV Vol. LOS Price HOV 50V Vol. LOS Price HOV SOV Vol. LOS Price HOV S0V Vol. LOS Price HOV 9DV Vol. LDS 1400 - 1500 52.05 126 691 817 C 52.95 138 731 869 C 5e.95 149 789 038 C 55.34 126 761 887 C 55.30 167 764 931 C 1500 . 1600 52.95 177 650 827 C 12.95 178 635 813 C 55.30 183 627 810 C 55.30 144 645 789 B 52.95 143 521 664 B 1600 . 1700 52.95 134 645 779 B 52.95 85 672 757 B S2.95 122 601 723 B $2.95 101 589 690 B 52.95 125 652 777 B 1700-1000 52.95 125 554 679 B 52.95 85 616 701 B 52.95 118 554 672 B $2.95 104 537 641 B S2.95 142 66B 810 C 1800-1900 52.95 137 4133 620 B 52.95 122 543 665 B 52.95 166 562 728 B $2.95 133 612 745 B 32.95 144 677 821 C 1900 - 2000 52.95 123 392 515 B 52.95 136 543 679 B S2.95 161 552 713 B $2.95 152 653 805 C 32.95 194 608 802 C Monday 09116119 Tuesday 09117119 Wednesday 0918119 Thursday 09/19/19 Friday 09.20119 PM Time Price HOV 50V Vol_ LOS Price HOV 50V Vol- LOS Price HOV SOV Vol- LOS Price HOV SOV Vol_ LOS Price HOV 50V Vol- LOS 1400-1500 52.95 129 638 767 B 52.95 125 690 815 C 52.95 143 801 944 C 55.30 117 737 854 C 55.30 164 694 858 C 1500 - 1600 52.95 143 647 790 B 12.95 128 675 803 C S5.30 151 605 756 B $5.30 127 664 791 B 52.95 166 594 760 B 1600. 1700 52.95 114 560 674 B $2.95 115 695 810 C S2.95 88 647 735 B $2.95 86 618 704 B 52.95 108 584 692 B 1700 - 1200 S2.95 100 618 718 B $2.95 96 584 680 B 52.95 112 606 718 B $2.95 94 579 673 B V.95 121 624 745 B 1800 - 1900 52.95 140 524 664 B $2.95 123 686 759 B 52.95 129 589 718 B $2.95 123 542 665 B 12.95 146 663 809 C 1900-2000 52.95 104 365 403 B $2.95 158 491 649 B 52.95 138 599 737 B $2.95 113 569 742 B 52.95 158 569 727 B Monday 09/23119 Tuesday 09/24/19 Wednesday 0925119 Thursday 09/26/19 Friday 09127119 PM Time Price HOV 80V Vol_ LOS Price HOV 5OV Vol- LOS Price HOV SDI/ Vol- LOS Price HOV 50i1 VoL LOS Price HOV 9V Vol- LOS 1400 - 1500 52.25 123 647 770 B 52.95 118 749 867 C 52.95 149 840 689 C 55.34 1D 819 948 C 55.30 162 768 930 C 1500 - 1600 52.95 148 687 835 C 52.95 143 643 786 B 55.30 167 657 824 C 55.30 150 690 840 C 52.95 172 630 802 C 1600. 1700 52.95 102 638 740 B 52.95 97 654 751 B S2.95 73 626 039 B 52.95 125 679 804 C 52.95 111 623 734 B 1700 . 1000 52.95 126 503 695 B 52.95 104 579 683 B S2.95 110 620 730 B $2.95 96 515 611 B 32.95 101 591 692 B 1800 - 1900 52.95 179 552 731 B 52.95 103 572 675 B 52.95 141 598 739 B $2.95 140 617 757 B 32.95 135 544 679 B 1900-2000 52.95 121 493 524 B 52.95 142 633 775 B 52.95 146 600 746 B $2.95 141 545 6E6 B 52.95 130 388 518 B Monday 09130119 Tuesday 16101119 Wednesday 1902/19 Thursday 10103119 Friday 10104119 PM Time Price HOV 50V Vol_ LOS Price NOV 50V Vol. LDS Price NOV SOV Vol-. LOS Price HOV SOV Vol. LDS Price HDV 50V Vol. LOS 1400 -1500 3295 110 656 766 B 1500 -1600 S295 148 738 886 C 1600 -1700 52 55 102 634 736 B 1700 -1000 3296 111 673 784 B 1800 . 1900 5295 143 550 702 B 1900 - 2000 3295 129 399 525 B &Express Lanes 14 RCTC WESTBOUND PEAK -HOUR VOLUMES Westbound AM Peak -McKinley to County Line 6londay 49/02117 Tutsday 09103.,17 Wednesday 09104117 Thursday 09105117 Friday 09106/17 AM Tme Price HDV SOV Vol. LOS Price HDV SOV Vol. LOS Price hOV SOV Vol.. LDS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400-05110 81.55 17 29 46 A $9.45 449 1,071 1,520 F 5:.45 514 1,174 1,6 F $9.45 504 1,074 1,578 F $5.30 433 704 1,137 C 0500-0609 $1.56 39 64 103 A $21.45 640 959 1,599 F $18.40 581 706 1,287 E $18.15 496 627 1,123 D $10.85 540 1,025 1,565 F 0500-0700 $1.55 30 63 93 A $18.10 355 793 1,145 0 $18.05 440 938 1,378 F $18.05 549 998 1,547 F $10.10 536 1,158 1,694 F 0700-0800 $1.55 89 133 222 A $15.00 405 1,225 1,630 F $15.75 384 1,136 1,520 F $13.95 434 1,239 1,733 F 87.95 377 1,244 1,621 F 0800-0900 81.55 159 255 414 a $10.10 252 1,386 1,638 F $10.10 247 1,346 1,593 F $10.85 297 1,515 1,812 F $6.95 240 1,216 1,456 F 0900-1000 $2.25 238 327 565 B $7.95 185 1,320 1,505 F $6.95 175 1,311 1,486 F $7.95 172 1,223 1,395 F $4.20 168 912 1,080 t} Monday 09109/17 Tuesday 09110/11 Wednesday 09111117 Thursday 09112/17 Friday 09113117 AM Tme Price HDV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LDS Price NOV SOV Vol. LDS Price HOV SOV Vol. LOS 0400-0500 $9.45 504 1,074 1,578 F $9.45 440 1,029 1,469 F $9.45 482 1,049 1,531 F $9.45 481 1,067 1,548 F $5.30 416 725 1,141 t} 0500-0600 $21.90 591 805 1,396 F $21.45 704 1,005 1,709 F $18.40 566 721 1,287 E $18.15 614 757 1,371 F $10.85 530 986 1,516 F 0600-0700 $20.20 428 832 1,260 E $18.10 368 751 1,119 ❑ $18.05 495 943 1,438 F $18.05 476 963 1,444 F $10.10 493 1,172 1,665 F 0700-0800 315.00 425 1,238 1,663 F $15.00 443 1,203 1,646 F $15.75 425 1,180 1,605 F $13.95 404 1,235 1,699 F $7.95 392 1,228 1,620 F 0800-0900 510.10 271 1,426 1,697 F $10.10 275 1,420 1,695 F $10.10 266 1,432 1,698 F $10.85 205 1,422 1,627 F $6.95 201 1,186 1,387 F 0900-1004 56.95 161 1,155 1,316 E $7.95 169 1,238 1,377 F $6.95 210 1,156 1,366 F $7.95 138 1,186 1,324 E $4.20 134 877 1,011 0 Monday 09116117 Tuesday 09?17+17 Wednesday 09118117 Thursday 09/19117 Friday 09/28117 AM Tme Price HOV SOV Vol. LOS Price I-0V SOV Vol. LOS Price HOV SOV Vol. LOS Price HDV SOV VoL LOS Price HOV SOV Vol. LOS 0400-0500 $9.45 483 1,082 1,565 F $9.45 483 1,073 1,556 F 55.45 530 1,123 1,653 F $9.45 473 1,088 1,561 F $5.30 415 651_ 1,106 C 0500-0600 $21.90 563 779 1,342 E $21.45 693 963 1,656 F $18.40 535 695 1,230 E $18.15 543 669 1,212 E $10.85 538 1,042 1,580 F 0600-0700 820.20 432 836 1,268 E $18.10 397 784 1,181 0 $18.05 492 886 1,378 F $18.05 481 942 1,423 F $10.10 523 1,214 1,737 F 0700-0800 $15.00 402 1,265 1,667 F $15.00 401 1,235 1,636 F $15.75 449 1,256 1,705 F $13.95 416 1,285 1,701 F $7.95 380 1,236 1,616 F 0800-0909 $10.10 170 1,396 1,566 F $10.10 191 1,440 1,631 F $10.10 190 1,427 1,617 F $10.85 152 1,456 1,608 F 86.95 147 1,220 1,367 F 0900-1000 $6.95 176 1,091 1,267 E $7.95 154 1,198 1,352 F $6.95 171 1,303 1,474 F $7.95 152 1,237 1,389 F $4.20 159 954 1.113 0 Monday 09/23/17 Tuesday 09124717 Wednesday 09125117 Thursday 09126117 Friday 09l27/17 AM Tme Price POV SOV Vol. LDS Price HOV SOV Vol. LDS Price IOV SOV Vol. LDS Price IOV SOV Vol. LDS Price HOV SOV Vol. LDS 0400-0500 59.45 439 1,132 1,571 F $9.45 368 1,265 1,633 F $9.45 422 1,160 1,582 F $9.45 492 1,077 1,569 F $5.30 389 735 1,124 L. 0500 -0600 521.90 458 917 1,375 F $21.45 601 994 1,595 F $18.40 428 804 1,232 E $18.15 509 817 1,326 E $10.85 435 959 1,394 F 0600-0700 520.20 324 948 1,272 E $18.10 348 836 1,184 0 $18.05 134 939 1,373 F $18.05 370 976 1,346 E $10.10 434 1,218 1,652 F 0700 -0800 $15.00 289 1,268 1,557 F $15.00 310 1,394 1,704 F $15.75 325 1,255 1,580 F $13.95 378 1,205 1,583 F 87.95 322 1,337 1,659 F 0800-0900 $10.10 119 1,502 1,621 F $10.10 148 1,451 1,599 F $10.10 185 1,507 1,692 F $10.85 228 1,414 1,642 F 86.95 169 1,167 1,336 E 0900-1000 $6.95 136 1,099 1,235 E $7.95 195 1,267 1,462 F $6.95 191 1,297 1,41J F $7.95 176 1,195 1,371 F $4.20 208 740 948 C Monday 09)30/17 Tuesday 10i01117 Wednesday 10/02i17 Thursday 10/03/17 Friday 10104117 AM Tme Rice HOV SOV Vol. LDS Price HOV SOV Vol. LOS Price HOV SOV Vol. LDS Price HOV SOV Vol. LOS Price HDV SOV Vol. LOS 0400-0500 59.45 482 1,112 1,594 F 0500-0600 521.90 443 933 1,346 E 0500-0700 $20.20 343 906 1,249 E 0700-0800 $15.00 261 1,323 1,584 F 0800-0900 $10.10 92 1,487 1,579 F 0900 -1000 $6.95 195 1,121 1,316 E &Express Lanes 15 Westbound AM Peak -1-15 North to County Line Monday 09/02119 Tuesday 09103119 Wednesday 09104i19 Thursday 09105119 Friday 09/06i19 AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LDS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400-0500 51.95 30 27 57 A $5.30 292 782 1,074 0 $5.30 292 735 1,027 0 55.30 288 726 1,014 0 $2.95 217 642 859 C 0500-0600 51.95 33 78 111 A ;17.25 404 1,027 1,431 F $15.55 439 1,017 1,456 F $14.15 411 938 1,349 E 86.85 352 836 1,188 D 0600-0700 51.95 30 86 116 A 817.55 363 1,036 1,374 E $19.65 386 1009 1,386 E $14.50 321 895 1,216 E $6.85 330 986 1,316 E 0700-0800 51.95 49 95 144 A $13.45 271 1,129 1,400 E $12.45 256 1,173 1,423 F $11.40 281 1,233 1,514 F 86.85 217 994 1,211 E 0800-0900 51.95 68 159 227 A $8.85 172 1,254 1,426 F $925 172 1,330 1,502 F $8.85 157 1,155 1,312 E $5.30 152 915 1,067 D 0900 -1000 51.95 154 246 400 A $5.30 122 962 1,084 D $5.30 110 975 1,085 D $5.30 116 840 956 C $2.95 103 674 777 B Monday 09109119 Tuesday 09110/19 Wednesday 09111119 Thursday 09112/19 Friday 09113119 AM Time Rice HOV SOV Vol. LOS Price HOV SOY Vol. LOS Price HOV SOV Vol LDS Price NOV SOV Vol. LOS Price HOV SOY Vol. 1OS 0400-0500 $6.85 301 790 1,091 D 55.30 296 758 1,054 D $5.30 306 727 1,033 D $5.30 297 791 997 C $2.95 259 639 898 C 0500-0600 $18.00 440 1,003 1,443 F $17.25 444 1,017 1,461 F $15.55 472 1,043 1,515 F $14.15 433 1,024 1,457 F 46.85 376 823 1,199 D 0600 -07110 $19.35 366 997 1,363 E $17.55 370 1,000 1,370 E $19.65 358 1,012 1,370 E $14.50 384 1,039 1,423 F $6.85 317 966 1,283 E 0700-0800 $12.80 287 1,209 1,496 F $13.45 313 1,221 1,534 F $12.45 294 1,237 1,531 F $11.40 305 1,202 1,507 F $6.85 228 974 1,202 E 0800-0900 $8.85 175 1,155 1,330 E $8.85 177 1,390 1,567 F $6.85 174 1,266 1,440 F $8.85 145 1,250 1,395 E $5.30 131 146 1,027 D 0900-1000 $5.30 109 855 964 C $5.30 118 918 1,036 D $5.30 133 990 1,123 C $5.30 99 907 1,006 D 42.95 67 672 739 B Monday 09/16119 Tuesday 09/17719 Wednesday 09118119 Thursday 09119119 Friday 09/20119 AM Tme Price HDV SOV Vol. LDS Price HDV SOV Vol. LDS Price HDV SOY Vol. LDS Price HDV SDV Vol. LDS Price HDV SDV Vol. LDS 0400-0500 $6.85 297 787 1,084 0 $5.30 214 730 1,014 0 $5.30 303 782 1,085 0 $5.30 287 727 1,014 0 $2.95 251 628 879 C 0500-0600 $18.00 412 985 1,397 E $17.25 427 1,032 1,429 F $15.55 424 1,027 1,451 F $14.15 438 1,034 1,472 F $6.85 350 869 1,219 E 0600-0700 $19.35 389 1,001 1,390 E $17.55 374 1,024 1,398 E $19.65 374 1,034 1,408 F $14.50 397 1,067 1,464 F $6.85 327 1,004 1,331 E 0700-0800 $12.80 239 1,210 1,509 F $13.45 302 1,211 1,513 F $12.45 293 1,220 1,513 F $11.40 286 1,241 1,527 F $6.85 227 962 1,189 D 0800-0900 $8.85 141 1,168 1,309 E $8.85 118 1,384 1,502 F $625 155 1,266 1,421 F $8.85 79 1,166 1,245 E $5.30 101 945 1,046 D 0900 -1000 $5.30 111 767 878 C $5.30 101 977 1,078 D $5.30 92 939 1.031 1) $5.30 90 928 1,018 D $2.95 93 661 754 B Monday 09/23I19 Tuesday 09I24/19 Wednesday 09125119 Thursday 0926'19 Friday 09/27119 AM Tme Rice HDV SOY Vol. LOS Price HOY SOY Val. LOS Rice .HOV SDV Vol LOS Rice HOY SW Val. LOS Price HOV SOY Vol. LDS 0400-0500 $6.85 243 829 1,072 D $5.30 225 880 1,105 D $5.30 241 836 1,077 D $5.30 299 751 1,050 D $2.95 238 664 902 C 0500-0600 $18.00 316 1,217 1,533 F $17.25 369 1,070 1,439 F $15.55 324 1,177 1,501 F $14.15 375 1,101 1,476 F 56.85 268 857 1,125 5 MOO -0700 $19.35 280 1,129 1,409 F $17.55 349 1,070 1,419 F $19.65 304 1,090 1,394 E $14.50 310 1,109 1,419 F 46.85 315 1,149 1,164 F 0700-0800 $12.80 195 1,271 1,466 F $13.45 211 1,305 1,516 F $12.45 210 1,258 1,468 F $11.40 263 1,253 1,516 F 56.85 205 1,032 1,237 E 0800-0900 $8.85 113 1,312 1,425 F $8.85 93 1,330 1,423 F 46.85 118 1,353 1,471 F $8.85 170 1,364 1,534 F $5.30 113 875 988 C 0900-1000 85.30 88 108 986 C $5.30 106 1,060 1,166 D $5.30 111 978 1,081 D $5.30 118 852 970 c $2.95 125 659 784 B Monday 09/30/19 Tuesday 10101/19 Wednesday 10102119 Thursday 10103119 Friday 10/04119 AM Tme Rice HOV SDV Vol. LOS Price HDV SOV Vol. LDS Rice HOV SOV Vol. LOS Price HOV SDV Vol. LDS Price HDV SDV Vol. LDS 0400-0500 $6.85 254 834 1,088 D 0500-0600 $18.00 308 1,167 1,475 F 0600-0700 $19.35 287 1,122 1,409 F 0700-0800 $12.80 199 1,220 1,419 F 0800-0900 $8.85 59 1,284 1,343 E 0900-1000 $5.30 91 819 910 C ell?, Express Lanes 16 CTC OPERATIONAL 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 plans 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. (PJ LanesExpress 17 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement YTD as of : 9/30/2019 YTD Variance Description Actual' Budget Dollar $ Percent (%) 1 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 iiiiiiiiiiiiiiiii■ 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)1 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)i $ 9,662,284.63 1 $ 3,477,175.00 1 $ 6,185,109.63 I 177.9 ' Unaudited 2 Negatives are the result of FY2018/19 accruals &Express Lanes i8 JOINT 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 1-15 306,579 208,441 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 1-15 220,731 168,220 76% $ 473,835 McKinley 367,512 251,926 69% $ 1,350,609 JOINT AGENCY TRAFFIC STATISTICS 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 1 L Joint Agency Traffic Statistics 71% OCTA RCTC OCTA RCTC Westbound Eastbound I OCTA Transactions I RCTC Transactions I% of OCTA Transactions Using Both Segments I% ofRCTC Transactions Using Both Segments r Express 1 Lanes 19 JOINT AGENCY PERFORMANCE MEASURES REPORTING REQUIREMENT Reporting Period PERFORMANCE STANDARD Sep-1 Perform ance CUSTOM ER SERVICE Call Wait Time Abandon Rate Monthly Not to exceed 2 minutes Customer Satisfaction MorrtNy No more than 4.0% Monthly 1.48 2.7% At least 75 outbound cals 76 VIOLATION PROCESSING Response Time CUSA Violation Collection Rate CUSA Violation Collection Rate Monthly Quarterly Annually Within 2 business days of receipt ............................................................................................................. 70% or more 74 % or more 71% TRAFFIC OPERATIONS Initial & Secondary Review s ............................... x Plate Misread Errors CAS Response Time Monthly Monthly Monthly Equal to or less than 15 days ................................................................................ Equal to or less than 0.4% ..................................................................................... 0:20 (minutes) per call ACCOUNTING OCTA Exceptions ROTC Exceptions Monthly Monthly No more than 3 No more than 3 INFORMATION TECHNOLOGY Back -office System Uptime Netw ork Uptime Monthly 99% Availability Monthly 99% Availability 100% 100% C USA = Cofiroute USA; CAS=OCT A Customer Assistance Specialists * Plate M isread Error performance is c urrent after a 60-day hold-bac k period; therefore, percentage reported here is for 2 months prio r to the month of this report_ JOINT AGENCY TRANSPONDER DISTRIBUTION TRANSPONDER DISTRIBUTION Issued To New Accounts .................................. Additional Tags to Existing Accounts Replacement Transponders Total Issued 1:640 54.795 1:586 .................................................. : 865 28.395 889 29.2% 492 16.4 % 567 18.6% 2,997 ..............3,042.. Returned ........................ Account Closures Accounts Dow nsizing Defective Tra ns p onders 3,038 1,556 51.2% ............................. 29.3% 591 19.4% 1 ti Express 1 Lanes 20 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 160,000 - 150,000 - 140,000 - 130,000 - 120,000 - 110,000 - 100,000 90,000 - 80,000 - 70,000 - 60,000 130,048 114,556 114,138 119,782 116,813 112,584 112,473 112,929 113,672 f"B r 1 �tio• ^• , oltiti tio1oy�▪ ti�o1• �ti Fiscal Year ti Incoming Email Activity During September, the Anaheim Processing Center received 3,608 emails. &Express Lanes 21 ATTACHMENT 4 Orange County Transportation Authority OCTA Riverside County Transportation Commission et Exams fines Status Report October 2019 As of October 31, 2019 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 115111Express 1 Lan 2 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 I=I 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% &Express Lanes 3 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 months of July 2019 through October 2019. FY 2019-20 Year to Date as of October 31, 2019 Trips FY2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY2018-19 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% Express Lanes 4 OCTA 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. 1,800,000 1,600,000 1,400,000 1,200,000 E 1,000,000 0 800,000 600,000 400,000 200,000 0 FY 2019-20 Traffic Volume Overview Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ❑Full Toll Lanes 03+ Lanes The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. $5,000,000 $4, 500,000 $4,000,000 $3 500.000 $3, 000,000 $2, 500.000 FY 2019-20 Revenue Summary 75,879 $4,595,283 $4,718,326 34,362,568 $4,373,645 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ■Full Toll Lanes •3+ Lanes &Express Lanes 5 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 Monday 09130'19 Tuesday 10101/19 Wednesday 10'02'19 Thursday 10103/19 Friday 10104119 PM Time Price HOV Vol. Cap. Price HCN Vol Cap. Price HOY Vol. Cap Price HOY Vol. Cap. Price HOV VoL Cap. 1400. 1500 55.15 419 2924 86% $5.15 468 3,028 89% 96.70 482 3152 93% 57.10 489 3,169 93% 1500 - 160C $5.75 657 2741 81% $7.75 651 2,866 84% $6.75 630 3,020 89% 59.15 682 2650 78% 1600. 17CC 85 50 397 2878 85% 57.50 475 3.113 92% 5830 456 2610 77% 68 95 461 2742 81% 1700. 180C 5540 481 2921 8668 S6 40 513 3030 89% 58 27 482 2872 84% 57 05 535 2849 84% 180D - 190C $3.95 683 2950 87% $3.95 680 3,027 8968 54.85 647 3090 91% 96 55 707 2912 86% 1900 - 2000 $3.85 651 2555 76% 83.85 588 2.298 68% 55.60 612 2373 70% $6.05 616 2114 62% Monday 10107/19 Tuesday 10/08/19 Wednesday) 190919 Thursday 10/10/19 Friday 10111/19 PM Time Price HCN Vol. Cap. Price HOY Vol Cap. Price HOY Vol. Cap. Price HOY Vol. Cap. Price HOY Vol Cap. 1400 - 1500 $5.15 423 2.553 75% $5.15 442 2947 87% S5.15 433 3.015 8968 56.70 468 3,151 93% S7.10 559 3,231 95% 1505. 1600 55.50 626 2,953 87% 5575 644 2831 83% 57 75 605 2848 84% 56 75 645 2979 88% 59 15 701 2666 78% 1600. 1700 $5.35 469 3,015 89% 55.50 436 2945 87% 57 50 411 2,711 8068 58 30 342 1,786 52% 58 95 458 2646 78% 1700 - 1800 $5.30 499 2,982 88% $8 40 544 3,106 91% 56.40 452 2827 83% $8 20 519 2897 85% $7.05 517 2681 79% 1800. 1900 85.50 624 2.678 79% S395 651 3.022 =4 % $3 95 649 2938 86% 54 85 615 2790 82% 56 55 693 2851 84% 1900.2000 $3.85 478 1,866 55% 5385 554 2304 68% 53 85 684 2679 79% 55 60 709 2817 83% 56 05 629 2181 64% Monday 10114/19 Tuesday 10115119 Wednesday 10116119 Thursday 10/17/19 Friday 10/18119 PM lime Price HCN Vol. Cap. Price HCN Vol Cap. Price HOY Vol. Cap Price HOY Vol. Cap. Price HOV VoL Cap. 1400.1500 5515 422 2,427 71% 5515 426 2859 84% 5515 424 2.945 87% 56.70 469 3,269 96% 57.10 480 1206 9468 1500. 1600 5550 931 3,141 92% $575 622 2724 82% 57 75 586 2.855 84% 55 75 586 3007 89% $9 15 657 2627 77% 1600. 1700 S5.35 450 2.872 84% 5550 394 2741 81% 57 50 420 2890 85% $8 30 402 2597 76% 58 95 398 2664 78% 1700. 1800 55 30 455 2,989 88% 55.40 465 2890 86% 56 40 470 2,991 8855 58 20 492 2945 87% 8788 516 2718 8035 180D - 1900 55 50 605 2,466 73% $3.95 685 3.040 8968 53.95 703 3,080 91% 54.05 698 3,101 9168 $6 55 636 2759 81% 1900 - 2000 5385 506 1.612 47% $3.85 632 2521 74% 5385 612 2.188 64% 55.60 601 2428 71% 56 05 653 2290 67% Monday 10121119 Tuesday 10122/19 Wednesday 10123/19 Thursday 10124119 Friday 10125/19 PM Time Price HCN Vol. Cap. Price HCN Vol Cap. Price HOY Vol. Cap Price HOY Vol. Cap. Price HOY VoL Cap. 1400 - 1500 55 15 357 2.615 77% S515 381 2807 83% 55.15 3E6 2702 1968 56.70 430 3,187 94% 57.10 433 3,145 93% 1500. 1600 55.50 598 2991 88% 55 75 591 2782 82% 57 75 403 1,574 46% 56 75 550 2991 88% 59 15 607 2615 77% 1600. 1700 $5.35 414 2,919 86% 55.50 365 2873 8568 57.50 427 2,739 81% 58 30 375 2596 76% 58 95 426 2810 83% 1700 - 1800 $5.30 494 2.954 87% $5.40 460 2926 8668 56.40 428 2776 82% 58.20 459 2876 85% $7.05 472 2815 83% 1800 - 1900 $5.50 596 2.645 7855 5395 604 2980 88% 83 95 590 2.909 8668 $4 85 618 2918 86% 56 55 645 2782 82% 1900.2300 5385 516 1,910 56% 5385 621 2506 74% 5385 682 2932 86% 5560 322 1,315 3915 5605 661 2300 6868 Monday 10128119 Tuesday 10/29/19 Wednesday 10130119 Thursday 10131119 Friday 11101119 PM lime Price HO/ Vol. Cap. Price HCN Vol. Cap. Price HOV Vol. Cap Price HOV Vol. Cap. Price H/V Vol. Cap. 1400.1500 5515 388 2645 78% 5515 365 2833 8368 $5.15 419 3,174 93% $5.70 386 3.237 95% 1500 - 1600 55.50 519 2,788 82% $5.75 587 2776 82% 57.75 565 2,943 87% 56.75 550 3,102 91% 1600 - 1700 S5 35 438 2.816 83% $5.50 399 2977 88% $7 50 453 2981 88% 58 30 483 2722 80% 1700.1800 5530 447 3,044 90% 5540 400 2606 77% S640 418 2.890 85% 5.20 515 3.078 91% 1800.1900 55.50 62 2,972 87% 5195 663 3,065 9068 5395 594 2,832 83% 34.85 577 3,128 921/. 1900 - 2000 $3.85 520 2000 59% $3.85 639 2588 76% $3.85 613 2396 70% $5.60 425 1.651 49 o ,i LanesExpress 6 OCTA WESTBOUND PEAK -HOUR VOLUMES Monday 09130/19 Tuesday 10/01/19 Wednesday 10102119 Thursday 10/03119 Friday 10104119 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% Monday 10/07/19 Tuesday 10/08/19 Wednesday 10/09/19 Thursday 10/10/19 Friday 10111/19 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% Monday 10/14119 Tuesday 10/15119 Wednesday 10116119 Thursday 10/17119 Friday 10/18/19 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% Monday 10121119 Tuesday 10/22/19 Wednesday 10/23/19 Thursday 10/24119 Friday 10125/19 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% Monday 10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 Thursday 10131119 Friday 11/01/19 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% &Express Lanes 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 is envisioned the distribution of the new transponders to all the customers will take place over several months. 0J1111Express Lanes8 FINANCIAL HIGHLIGHTS OCTA 91 Express Lanes Operating Statement YTD as of : 10/31/2019 YTD Variance Description Actual {1] Budget {1) Dollar $ Percent l°lo} Operating revenues: Toll revenue $ 16,729,298.72 $ 17,97.5,850.00 $ (1,246,551.28} (6.9) Fee revenue 2,443,864.65 1,283,577.00 1,160,287.65 90.4 Total operating revenues 19,173,163.37 19,259,427.00 (86,263.63) (0.4) Operating expenses: Contracted services 2,020,726.37 2,465,680.00 444,953.63 18.0 Administrative fee 944,960.00 946,628.00 1,668.00 0.2 Other professional services 153,860.89 710,358.00 556,497..11 78.3 Credit card processing fees 440,502.85 478,170.00 37,667.15 7.9 Toll road account servicing 777,057.66 791,750.00 569,692.34 72.0 Other insurance expense 124,365.00 249,900.00 125,535.00 50.2 Toll road maintenance supply repairs 64,341.83 191,668.00 127,326.17 66.4 Patrol services 208,962.17 326,540.00 117,577.83 36.0 Building equipment repairs and maint (13,216.27) 110,368.00 123,584.27 112.0 6C Transponders - - - N/A Other services (16,060.00) 9,582.00 25,642.00 267.6 Utilities 15,316.68 24,492.00 9,175.32 37.5 Office expense (523.14) 77,636.00 78,159.14 100.7 Bad debt expense 36,996.15 - (36,996.15) N/A Miscellaneous {z. 35,039.59 24,950.00 (10,089.59) (40.4) Leases 122,179.00 153,27.2.00 31,093.00 20.3 Total operating expenses 4,359,508.78 r 6,560,994.00 r 2,201,485.22 33.6 Depreciation and amortization {3} 1,191,230.69 - (1,191,230.69) N/A Operating income floss} 13,622,423.90 12,698,433.00 923,990.90 13 Nonoperating revenues lexpenses}: Reimbursement from Other Agencies 253,638.37 453,125.00 (199,486.63) (44.0) Interest income 2,012,477.77 1,265,364.00 747,113.77 59.0 Interest expense ' (1,558,587.39)r (1,570,688.00) 12,100.61 ' 0.8 Other 16,165.63 - 16,165.63 N/A Total nonoperating revenues lexpenses) 723,694.38 147.801.00 57.5,893.38 (389.6) Transfers in - - - N/A Transfers out (93,373.44) (10,000.00) (83,373.44) (833.7) Net income (loss)I $ 14,252,744.84 I $ 12,836,234.00 I $ 1,416,510.84 I 11.0 'Actual 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. 'Miscellaneous expenses include: Bond Insurance Casts, Bank Service Charge, Transponder Materials. 'Depreciation and amortization are not budgeted items. 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. ��``'''' 14Express �, Lanes 9 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 # diiiiimli % OCT-18 MTD Actual Yr-to-Yr % 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 """"""' 1 $0.12 (16.7%) Average Gross Revenue $4.73 $3.04 $1.69 55.6 % $3.75 26.1% &Express Lanes 10 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 months 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 ''=SS $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% Average3+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% r Express A Lanes 11 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. E 0 1.575,000 1.400,000 1,225,000 1.050,000 875,000 700,000 525,000 350,000 175.000 0 FY 2019-20 Traffic Volume Overview Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ■Full Toll Lanes ■3+Lanes The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. $6,1100,000 $6,400,000 $6,000,000 $5,600,000 tro $5,200,000 $4,4300,000 $4,400,000 $4,000,000 $3,500,000 $3,200,01)0 $2,1300,000 FY 2019-20 Revenue Summary a_ $26,718 $43,333 i� 845, R $6,320,045 $5,588,508 $� $6,213,966 5,326,713 4119141 Jul-19 Aug-19 Sep-19 Oct-19 Nav-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ■Ful[ Toll Lanes ■3+ Lanes &Express Lanes 12 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 EASTBOUND PEAK -HOUR VOLUMES Eastbound PM Peak - County Line to McKinley Monday 09/30/19 Tuesday 10/01/19 Wednesday 10/02119 Thursday 10/03/19 Friday 10/04/19 PM lime 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 j7.21196 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 Monday 10/07119 Tuesday 10/08/19 Wednesday 10/09119 Thursday 10/10/19 Friday 10/11/19 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 $7.3Ld 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 Monday 10/14/19 Tuesday 10/15/19 Wednesday 10/16/19 Thursday lr 10/17119 Friday 10118/19 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 Monday 10/21/19 Tuesday 10122/19 Wednesday 10/23/19 Thursday 10/24/19 Friday 10/25119 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 Monday 10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 Thursday 10/31/19 Friday 11101/19 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 &Express Lanes 13 Eastbound PM Peak - County Line to 1-15 South Monday 09/30/19 Tuesday 10/01/19 Wednesday 10/02/19 Thursday 10/03119 Friday 10/04/19 PM lime 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 Monday 10/07/19 Tuesday 10/08/19 Wednesday 10/09/19 Thursday 10/10/19 Friday 10/11/19 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 Monday 10114/19 Tuesday 10/15/19 Wednesday 10/16/19 Thursday 10/17/19 Friday 10/18/19 PM lime 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 lime Monday 10/21/19 Tuesday 10/22/19 Wednesday 10/23/19 Thursday 10/24/19 Friday 10/25/19 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 lime Monday 10/28/19 Tuesday 10/29119 Wednesday 10/30/19 Thursday 10/31/19 Friday 11/01119 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 &Express Lanes 14 RCTC WESTBOUND PEAK -HOUR VOLUMES Westbound AM Peak - McKinley to County Line Monday 09/30/19 Tuesday 10/01/19 Wednesday 10/02119 Thursday 10/03/19 Friday 10/04/19 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. 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 $17.501 527 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 Monday 10/07/19 Tuesday 10/08/19 Wednesday 10/09/19 Thursday 10/10119 Friday 10/11/19 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 Monday 10/14119 Tuesday 10/15/19 Wednesday 10116/19 Thursday 10/17119 Friday 10/18/19 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 0606.0700 $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 Monday 10/21/19 Tuesday 10/22/19 Wednesday 10/23/19 Thursday 10/24/19 Friday 10/25/19 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 0906.1000 $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 Monday 10/28/19 Tuesday 10/29119 Wednesday 10/30/19 Thursday 10/31/19 Friday 11101/19 AM Time L 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 0506.0600 $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 &Express Lanes 15 Westbound AM Peak - 1-15 North to County Line Monday 09/30119 Tuesday 10/01119 Wednesday 10/02/19 Thursday 10/03/19 Friday 10104/19 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 $13.51 408 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 Monday 10/07/19 Tuesday 10/08/19 Wednesday 10/09/19 Thursday 10/10/19 Friday 10/11/19 AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. IWS 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 Monday 10/14119 Tuesday 10/15/19 Wednesday 10/16/19 Thursday 10/17/19 Friday 10/18/19 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 Monday 10/21/19 Tuesday 10/22/19 Wednesday 10/23/19 Thursday 10124/19 Friday 10/25/19 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 Monday 10/28/19 Tuesday 10/29119 Wednesday 10130/19 Thursday 10131/19 Friday 11101119 AM Time Price HOV SOV Vol. 1156 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 L &Express Lanes 16 CTC OPERATIONAL 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 plans 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. (PJ LanesExpress 17 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement YTD as of : 10/31/2019 YTD Variance Description Actual' Bud • et 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) O•eratin• income Toss 16,088,016.84 7,522,000.00 8,566,016.84 113.9 i 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) I $ 10,073,722.71 I $ 4,636,233.33 I $ 5,437,489.38 I 117.3 Unaudited 2 Depreciation is not a budgeted expense &Express Lanes i8 JOINT 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 1-15 316,355 212,523 67% $ 1,749,150 McKinley 454,487 295,175 65% $ 2,575,307 Eastbound OCTA 754,323 374,551 50°/0 $ 2,759,381 RCTC 569,941 374,551 66% $ 2,022,307 1-15 223,274 149,800 67% $ 517,842 McKinley 346,667 224,751 65% $ 1,504,464 JOINT AGENCY TRAFFIC STATISTICS 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 Joint Agency Traffic Statistics 66% L 66% OCTA RCTC OCTA RCTC Westbound Eastbound I OCTA Transactions I RCTC Transactions 1%afOCTA Transactions Using Both Segments % of RCTC Transactions Using Both Segments &Express Lanes 19 JOINT AGENCY PERFORMANCE MEASURES REPORTING REQUIREMENT Reporting I Period PERFORMANCE STANDARD I Oct-19 Performance CUSTOMER SERVICE Call Wait Time Abandon Rate Customer Satisfaction T 0:57 1.3% 77 VIOLATION PROCESSING Response Time CUSA Violation Collection Rate _ _ __ 1 Monthly • Within 2 business days of receipt 0.7 I Quarterly . 70% or more CUSA Violation Collection Rate j ,annually ' 74% or more TRAFFIC OPERATIONS Initial & Secondary Reviews * Plate Misread Errors CAS Response Time _ _ _ L Monthly Equal to or less than 15 days I Monthly . Equal to or Tess than 0.4% 1 Monthly • 0:20 (minutes) per call 0.7 ,_-- 0.01% 0:08 ACCOUNTING OCTA Exceptions 1 Monthly : No more than 3 0 RCTC Exceptions I Monthly . No more than 3 - 0 INFORMATION TECHNOLOGY Back -office System Uptime Network Uptime I Monthly 99% Availability 1 Monthly 99% Availability 100% 100% CUSA = Cofiroute USA; CAS = OCTA Customer Assistance Specialists *Plate M isread Error performance is current after a 60-day ho Id -back period; therefore, percentage reported here is for 2 months prior to the month of this report. JOINT AGENCY TRANSPONDER DISTRIBUTION TRANSPONDER DISTRIBUTION October-19 Tags September-19 FY 2019-20 Tags %of Total Average To -Date Issued To New Accounts Additional Tags to Existing Accounts Replacement Transponders Total Issued 1,347 48.0% 873 31.1% 587 20.9% 2,807 Returned Account Closures Accounts Dow nsizing Defective Transponders Total Returned 497 41.2% 168 13.9% 1,640 54.7% 865 28.9% 492 1 16.4% 2,997 540 44.8% 1,205 1,504 887 590 2,980 588 40.8% 2184I 15.1% 635 1 44.1 % 1,441 50.5% 29.7% 19.8% 508 39.8% 167 13.1% 601 47.1% 1,276 rt Express Jf Lanes 20 At the end of October 2019, the 91 Express Lanes had 150,246 active customer accounts and 229,079 transponders classified as Assigned. 160,000 - 150,000 - 140,000 - 130,000 - 120,000 - 110,000 - 100,000 - 90,000 - 80,000 - 70,000 - 60,000 114,556 114,138 Number of Accounts by Fiscal Year As of October 31, 2019 112,584 112,473 112,929 r 119,782 1 116,813 113,672 T T T 130,048 140,694 148,054 F-I �� rya �Ny ti ti �y3 eye Rtih �ti� �ti� ti� �N y. �c43 yo' ' yoti you yoti yoti yoti Doti yo' ' yoti Fiscal Year Incoming Email Activity During October, the Anaheim Processing Center received 3,600 emails. 150,246 r Express 1 Lanes 21 ATTACHMENT 5 Orange County Transportation Authority OCTA Riverside County Transportation Commission 111k, • Express Lanes Status Report November 2019 As of November 30, 2019 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 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 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% Express A Lanes 3 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% Express A Lanes 4 OCTA 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. d E O > 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 FY 2019-20 Traffic Volume Overview Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month 0Full Toll Lanes 03+ Lanes The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. $5,000,000 $4,500,000 $4,000,000 d 3 c m d Ce • $3,500,000 $3,000,000 $2,500,000 FY 2019-20 Revenue Summary Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ❑Full Toll Lanes 03+Lanes Series3 Express A Lanes 5 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. Monday 10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 Thursday 10/31/19 Friday 11/01/19 PM Time Price HCN 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 Monday 11/04/19 Tuesday 11/05/19 Wednesday 11/06/19 Thursday 11/07/19 Friday 11/08/19 PM Time Price HCN Vol. Cap. Price HCN Vol. Cap. Price HCA/ Vol. Cap. Rice 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 3,057 900/0 $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% Monday 11/11/19 Tuesday 11/12/19 Wednesday 11/13/19 Thursday 11/14/19 Friday 11/15/19 PM Time Price HCN Vol. Cap. Price HOV Vol. Cap. Price HC / 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 3,344 913% $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% Monday 11/18/19 Tuesday 11/19/19 Wednesday 11/20/19 Thursday 11/21/19 Friday 11/22/19 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% Monday 11/25/19 Tuesday 11/26/19 Wednesday 11/27/19 Thursday 11/28/19 Friday 11/29/19 PM Time Price HOV Vol. Cap. Price HCN 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 Z790 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 2742 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% Express A Lanes 6 OCTA WESTBOUND PEAK -HOUR VOLUMES Monday 10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 Thursday 10/31/19 Friday 11/01/19 AM Time Price HOV Vol. Cap. Price HO/ 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 2112 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% Monday 11/04/19 Tuesday 11/05/19 Wednesday 11/06/19 Thursday 11/07/19 Friday 11/08/19 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 Z552 75% $4.95 858 2,624 77% $4.95 772 Z636 78% $4.95 839 Z699 79% $4.70 708 Z489 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 Z295 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% Monday 11/11/19 Tuesday 11/12/19 Wednesday 11/13/19 Thursday 11/14/19 Friday 11/15/19 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 Z661 78% $4.95 851 2,737 81% $4.70 745 Z453 72% 0600 - 0700 $5.15 280 1,164 34% $5.15 563 2,136 63% $5.15 639 2103 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 Z318 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 2151 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% Monday 11/18/19 Tuesday 11/19/19 Wednesday 11/20/19 Thursday 11/21/19 Friday 11/22/19 AM Time Price HOV Vol. Cap. Price HW Vol. Cap. Rice HOV Vol. Cap. Price HOV Vol Cap. Rice 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 Z599 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% Monday 11/25/19 Tuesday 11/26/19 Wednesday 11/27/19 Thursday 11/28/19 Friday 11/29/19 AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HO/ Vol. Cap. Rice HOV Vol. Cap. Rice HW 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% Express A Lanes 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. Express A Lanes 8 FINANCIAL HIGHLIGHTS OCTA 91 Express Lanes Operating Statement YTD as of : 11/30/2019 YTD Variance 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)I 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 r (1,938,687.36)' (1,963,360.00) 24,672.64 F 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 (Ioss)I $ 17,486,242.68 $ 15,792,379.00 $ 1,693,863.68 10.7 'Actual 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. zMiscellaneous expenses include: Bond Insurance Costs, Bank Service Charge, Transponder Materials. 'Depreciation and amortization are not budgeted items. 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. Express A Lanes 9 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% Express A Lanes 10 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 FY2019-20 YTD Actual Stantec YTD Projected # Variance % Variance FY2018-19 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% i Express A Lanes 11 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. d E 0 > 1,575,000 1,400,000 1,225,000 1,050,000 875,000 700,000 525,000 350,000 175,000 FY 2019-20 Traffic Volume Overview 0 r Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ❑Full Toll Lanes ❑3+ Lanes The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. $6,800,000 $6,400,000 $6,000,000 $5,600,000 4, $5,200,000 c $4,800,000 rY $4,400,000 $4,000,000 $3,600,000 $3,200,000 $2,800,000 FY 2019-20 Revenue Summary Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ❑Full Toll Lanes 03+ Lanes Express Jr Lanes 12 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 EASTBOUND PEAK -HOUR VOLUMES Eastbound PM Peak - County Line to McKinley Monday 10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 Thursday 10/31/19 Friday 11/01/19 PM Time Price HOV SW Vol. LOS Rice HOV SOV Vol. LOS Price HOV SON Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. Lab 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 Monday 11/04/19 Tuesday 11/05/19 Wednesday 11/06✓19 Thursday 11/07/19 Friday 11/08/19 PM Time Price HOV SW Vol. Lab Rice HOV SW Vol. Lab Rice HCN SON Vol. LOS Rice HOV SW Vol. LO6 Price HCM SON 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 1,193 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 Monday 11/11/19 Tuesday 11/12/19 Wednesday 11/13/19 Thursday 11/14/19 Friday 11/15/19 PM lime 1400-1500 $5.30 275 836 1,111 D $6.95 209 1,120 1,329 F 99.00 236 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 $5.30 212 694 936 C $5.30 213 817 1,030 D $5.30 288 799 1,087 D Monday 11/18/19 Tuesday 11/19/19 Wednesday 11/20/19 Thursday 11/21/19 Friday 11/22/19 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 1,036 D $5.30 262 718 980 C $5.30 297 770 1,067 D $5.30 306 986 1,292 E 1900-2030 $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 Monday 11/25/19 Tuesday 11/26/19 VVednesday 11/27/19 Thursday 11/28/19 Friday 11/29/19 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 6,39 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 Express A Lanes 13 Eastbound PM Peak - County Line to 1-15 South Monday 10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 Thursday 10/31/19 Friday 11/01/19 PM Time Price HOV SOV Vol. LOS Price HOV SW Vol. LOS Price HOV SOV Vol. LOS Price HOV SW Vol. LOS Price HOV SW 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 Monday 11/04/19 Tuesday 11/05/19 Wednesday 11/06/19 Thursday 11/07/19 Friday 11/08/19 PM Time Price HOV SW Vol. LO6 Price HOV SW Vol. LOS Rice HOV SCN Vol. LOS Price HOV SOV Vol. LOS Rice HOV SCN Vol. LC6 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 Monday 11/11/19 Tuesday 11/12/19 Wednesday 11/13/19 Thursday 11/14/19 Friday 11/15/19 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 $295 112 553 665 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 $295 118 278 396 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 Monday 11/18/19 Tuesday 11/19/19 Wednesday 11/20/19 Thursday 11/21/19 Friday 11/22/19 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 Monday 11/25/19 Tuesday 11/26/19 Wednesday 11/27/19 Thursday 11/28/19 Friday 11/29/19 PM lime 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 1500.1603 $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 $295 105 572 677 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 $295 157 458 615 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 Express A Lanes 14 RCTC WESTBOUND PEAK -HOUR VOLUMES Eastbound PM Peak Total Monday 10/28/19 Tuesday 10/29/19 Wednesday 10/30/19 Thursday 10/31/19 Friday 11/01/19 FM Time HOV SOV Vol. HOV SOV Vol. HOV SOV Vol. HOV SOV Vol. HOV SON Vol. 1400 -1500 417 1,894 2,311 1500-1600 427 1,548 1,975 1600 -1700 r 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 Monday 11/04/19 Tuesday 11/05/19 Wednesday 11/06/19 Thursday 11/07/19 Friday 11/08/19 PM Time 1400-1500 290 1,675 1,965 298 1,861 2159 321 1,868 2189 355 1,951 2306 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 Monday 11/11/19 Tuesday 11/12/19 Wednesday 11/13/19 Thursday 11/14/19 Friday 11/15/19 PM Time 1400-1500 417 1,411 1,828 287 1,778 2,065 342 1,900 2242 317 2,125 2442 426 1,936 2,362 1500-1600 516 1,481 1,997 398 1,517 1,915 409 1,650 2059 402 1,702 2104 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 1,893 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 Monday 11/18/19 Tuesday 11/19/19 Wednesday 11/20/19 Thursday 11/21/19 Friday 11/22/19 PM Time 1400- 1500 294 1,684 1,978 279 1,677 1,956 307 1,564 1,871 343 1,786 2129 442 1,848 2,290 1500-1600 431 1,660 2,091 415 1,630 2045 369 1,463 1,832 430 1,756 2186 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 Monday 11/25/19 Tuesday 11/26/19 Wednesday 11/27/19 Thursday 11/28/19 Friday 11/29/19 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 2249 293 630 923 673 878 1,551 216 332 548 Express A Lanes 15 Westbound AM Peak - McKinley to County Line Monday 10/28/19 Tuesday 10/29/19 VVednesday 10/30/19 Thursday 10/31/19 Friday 11/01/19 AM lime Price HOV SON Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Rice 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 Monday 11/04/19 Tuesday 11/05/19 Wednesday 11/06/19 Thursday 11/07/19 Friday 11/08/19 AM Time Rice HOV SOV Vol. LOS Rice HOV SOV Vol. LOS Rice HOV SOV Vol. LOS Rice HOV SON Vol. LOS Rice HOV SOV Vol. LOS 0400-0500 510.80 409 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 $2280 535 874 1,409 F $18.40 430 1,069 1,499 F $17.50 480 1,050 1,530 F $1220 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 'a.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 $1220 167 1,46 1,636 F $8.00 158 1,251 1,409 F 0900 - 1000 $6.95 173 1,165 1,338 E v.00 177 1,226 1,403 F $8.00 132 1,161 1,293 E 'x.00 179 1,061 1,240 E $5.30 157 816 973 C Monday 11/11/19 Tuesday 11/12/19 VVednesday 11/13/19 Thursday 11/14/19 Friday 11/15/19 AM Time 0400-0500 $10.80 241 649 890 C $10.80 401 1,116 1,517 F $10.83 463 1,082 1,545 F $10.53 384 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 520.20 180 642 822 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 $1220 160 1,504 1,664 F $8.00 177 1,094 1,271 E 0900-1000 $6.95 218 682 900 C ,n.00 185 1,293 1,483 F $8.00 150 1,151 1,301 E 'n.00 153 1,175 1,328 E $5.30 131 782 913 C Monday 11/18/19 Tuesday 11/19/19 VVednesday 11/20/19 Thursday 11/21/19 Friday 11/22/19 AM Time 0400-0500 $10.W 388 1,155 1,543 F $10.W 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 522.80 605 912 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 $17.45 356 809 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 $1220 158 1,249 1,407 F $8.00 139 1,169 1,308 E 0900-1000 $6.95 165 1,237 1,402 F '/.00 151 1,158 1,309 E 'r:00 121 915 1,036 D $9.00 129 951 1,080 D $5.30 123 814 937 C Monday 11/25/19 Tuesday 11/26/19 Wednesday 11/27/19 Thursday 11/28/19 Friday 11/29/19 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 892.80 516 938 1,454 F $8.30 248 540 788 B $1.56 11 33 44 A $1.55 47 145 192 A 0600 - 0700 520.20 291 957 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 $1.56 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 $225 130 286 416 B Express A Lanes 16 RCTC OPERATIONAL 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. &Express Lanes 17 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement YTD as of : 11/30/2019 YTD Variance Description Actual Budget Dollar $ Percent (%) Operating revenues: Toll Revenue P'$ 25,939,940.46 P'$ 15,245,458.33 $ 10,694,482.13 70.1 Fee Revenue 3,247,766.41 F 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 Senrices 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) F 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)I $ 14,174,897.41 1 $ 5,795,291.67 I $ 8,379,605.74 I 144.6 Unaudited 2 Depreciation is not a budgeted expense & Express A Lanes i8 JOINT AGENCY TRIP AND REVENUE 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 1-15 300,481 206,255 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 1-15 204,318 160,067 78% $ 454,205 McKinley 373,554 261,532 70% $ 1,423,961 JOINT AGENCY TRAFFIC STATISTICS Joint Agency Traffic Statistics 800,000 700,000 600,000 500,000 400,000 67% 68% 300,000 200,000 100,000 57% 73% OCTA RCTC OCTA RCTC Westbound Eastbound OCTA Transactions RCTC Transactions % of OCTA Transactions Using Both Segments % of RCTC Transactions Using Both Segments Express A Lanes 19 JOINT AGENCY PERFORMANCE MEASURES REPORTING REQUIREMENT Reporting PERFORMANCE STANDARD Nov-19 Period Pe rform ance CUSTOM ER 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 CUSA Violation Collection Rate Monthly Quarterly Within 2 business days of receipt 0.7 70% or more CUSA Violation Collection Rate Annually 74% or more TRAFFIC OPERATIONS Initial & Secondary Reviews Monthly Equal to or less than 15 days 0.9 * Rate 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 Monthly OCTA Exceptions RCTC Exceptions No more than 3 0 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. JOINT AGENCY TRANSPONDER DISTRIBUTION TRANSPONDER DISTRIBUTION November-19 Tags % of Total October-19 Tags % of Total FY 2019-20 Average To -Date Issued To New Accounts Additional Tags to Existing Accounts Replacement Transponders Total Issued Returned Account Closures 53.9% 29.2% 16.9% 1,614 420 38.3% Accounts Dow nsizing Defective Transponders 107 9.8% 1,347 48.0% 873 31.1% 587 20.9% 2,807 497 41.2% 50.9% 29.7% 19.4% 490 39.5% 168 13.9% 155 12.5% Total Returned 570 52.0% 1,097 540 1,205 44.8% 595 1,240 48.0% Express A Lanes 20 At the end of November 2019, the 91 Express Lanes had 150,451 active customer accounts and 229,160 transponders classified as Assigned. 160,000 150,000 - 140,000 - 130,000 - 120,000 - 110,000 - 100,000 - 90,000 - 80,000 - 70,000 - 60,000 Number of Accounts by Fiscal Year As of November 30, 2019 116, 813 119, 782 114,138 112,584 112,473 112,929113,672 o 130,048 140,694 148,054 150,246 150,451 (§Y yO yti yl y3 N. N. ti� tiA y9, N tiC 1 LO yO Q. , LO LO ,tiO ,LO ,LO ,LO Q. Fiscal Year Incoming Email Activity During November, the Anaheim Processing Center received 2,645 emails. Express 1 Lanes 21 ATTACHMENT 6 Orange County Transportation Authority OCTA Riverside County Transportation Commission ti,k,ExpresN. Lanes Status Report December 2019 As of December 31, 2019 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 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 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% Express A Lanes 3 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% Express A Lanes 4 OCTA 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. 1,800,000 - 1,600,000 1,400,000 1,200,000 E 1,000,000 a 800,000 600,000 400,000 200,000 0 FY 2019-20 Traffic Volume Overview Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month oFull Toll Lanes ❑3+ Lanes The chart below reflects the gross potential revenue breakdown between Full Toll trips and HOV3+ trips for FY 2019-20 on a monthly basis. $5,000,000 - $4,500,000 $4,000,000 w c $3,500,000 $3,000,000 $2,500,000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month FY 2019-20 Revenue Summary E3b7i:�' IhnigrEi OFull Toll Lanes •3+ Lanes Express Lanes 5 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. Monday 12/02/19 Tuesday 12/03/19 Wednesday 12/04/19 Thursday 12/05/19 Friday 12/06/19 PM Time Price HOV Vol. Cap. Price HU/ 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% Monday 12/09/19 Tuesday 12/10/19 Wednesday 12/11/19 Thursday 12/12/19 Friday 12/13/19 PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HW 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% $3.85 698 2,812 83% $5.60 741 2,797 82% $6.05 660 2,380 70% Monday 12/16/19 Tuesday 12/17/19 Wednesday 12/18/19 Thursday 12/19/19 Friday 12/20/19 PM Time Price HW Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HW 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 2235 66% Monday 12/23/19 Tuesday 12/24/19 Wednesday 12/25/19 Thursday 12/26/19 Friday 12/27/19 PM Time Price HOV Vol. Cap. Rice Hay Vol. Cap. Rice HW 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 2819 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% Monday 12/30/19 Tuesday 12/31/19 Wednesday 01/01/20 Thursday 01/02/20 Friday 01/03/20 PM Time Rice HOV Vol. Cap. Rice HW Vol. Cap. Rice HOV Vol. Cap. Rice HCN Vol. Cap. Rice 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% Express A Lanes 6 OCTA WESTBOUND PEAK -HOUR VOLUMES Monday 12/02/19 Tuesday 12/03/19 Wednesday 12/04/19 Thursday 12/05/19 Friday 12/06/19 AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HCN Vol. Cap. Rice 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 Z544 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 Z128 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 1,935 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% Monday 12/09/19 Tuesday 12/10/19 Wednesday 12/11/19 Thursday 12/12/19 Friday 12/13/19 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 Z783 82% $4.70 740 Z435 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 Z101 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 2,013 590/ Monday 12/16/19 Tuesday 12/17/19 Wednesday 12/18/19 Thursday 12/19/19 Friday 12/20/19 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 Z716 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 Z068 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 Z204 65% $4.10 304 Z025 60% Monday 12/23/19 Tuesday 12/24/19 Wednesday 12/25/19 Thursday 12/26/19 Friday 12/27/19 AM Time Price HOV Vol. Cap. Price HOW 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 8o/o $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% Monday 12/30/19 Tuesday 12/31/19 Wednesday 01/01/20 Thursday 01/02/20 Friday 01/03/20 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 1,269 370/ 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% Express A Lanes 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. Express A Lanes 8 FINANCIAL HIGHLIGHTS OCTA 91 Express Lanes Operating Statement YTD as of : 12/31/2019 YTD Variance 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 F (2,318,787.33)r (2,356,032.00) 37,244.67 r 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)1 (66.5) 'Actual 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. Miscellaneous expenses include: Bond Insurance Costs, Bank Service Charge, Transponder Materials. 'Depreciation and amortization are not budgeted items. 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. Express A Lanes 9 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% Express A Lanes 10 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% i Express A Lanes 11 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. w E z 0 > 1,575,000 1,400,000 1,225,000 1,050,000 875,000 700,000 525,000 350,000 175,000 FY 2019-20 Traffic Volume Overview 0- 1,040,80 984,484 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month ❑Full Toll Lanes ❑3+ Lanes The chart below reflects the gross potential revenue breakdown between Full Toll lanes and HOV3+ lanes for FY 2019-20 on a monthly basis. $6,800,000 $6,400,000 $6,000,000 $5,600,000 a$5,200,000 $4, 800, 000 cr$4,400,000 $4, 000, 000 $3,600,000 $3,200,000 $2,800,000 FY 2019-20 Revenue Summary Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Month OFull Toll Lanes 03+ Lanes Express Jr Lanes 12 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 EASTBOUND PEAK -HOUR VOLUMES Eastbound PM Peak - County Line to McKinley Monday 12/02/19 Tuesday 12/03/19 Wednesday 12/04/19 Thursday 12/05/19 Friday 12/06/19 PM Time Price HOV SW Vol. LOS Rice HW SW Vol. LOS Rice HOV SOV Vol. LOS Price HW SW Vol. LOS Price HW SOV Vol. LOS 1400 -1500 $5.30 225 959 1,184 D $6.95 229 99D 1,219 E $9.00 188 813 1,001 D $11.85 242 1,146 1,388 F 521.60 273 922 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 $1200 290 1,033 1,323 F $18.70 328 721 1,049 D 1600 - 1700 $5.30 173 896 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 Monday 12/09/19 Tuesday 12/10/19 Wednesday 12/11/19 Thursday 12/12/19 Friday 12/13/19 PM Time Price HW SW Vol. LOS Rice HW SOV Vol. LOB Price HW SW Vol. LOS Price HW SW Vol. LOS Rice HW SW 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 $1200 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 Monday 12/16/19 Tuesday 12/17/19 Wednesday 12/18/19 Thursday 12/19/19 Friday 12/20/19 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 56.90 271 983 1,254 E $1200 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 55.30 239 860 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 1,033 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 Monday 12/23/19 Tuesday 12/24/19 Wednesday 12/25/19 Thursday 12/26/19 Friday 12/27/19 PM Time 1 1400-1500 $5.30 260 878 1,138 D $21.00 375 793 1,168 D $5.30 407 672 1,079 D 511.85 233 712 945 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 $1200 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 52.25 265 341 606 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 52.25 326 308 634 B $5.30 130 245 375 A $5.30 251 452 703 B Monday 12/30/19 Tuesday 12/31/19 Wednesday 01/01/20 Thursday 01/02/20 Friday 01/03/20 PM Timeme 1111 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 $225 198 412 610 B $5.30 262 424 686 B Express A Lanes 13 Eastbound PM Peak - County Line to 1-15 South Monday 12/02/19 Tuesday 12/03/19 Wednesday 12/04/19 Thursday 12/05/19 Friday 12/06/19 PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Rice 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 $295 137 576 713 B 1600-1700 $295 94 643 737 B $295 94 551 645 B $2.95 82 555 637 B $2.95 89 636 725 B $295 109 578 687 B 1700.1800 $2.95 98 604 702 B $295 116 580 696 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 $295 128 549 677 B $2.95 96 442 538 B $2.95 137 601 738 B $2.95 172 578 750 B 1900-2000 $295 121 416 537 B $295 171 566 737 B $295 70 345 415 B $295 146 587 733 B $2.95 172 527 699 B Monday 12/09/19 Tuesday 12/10/19 Wednesday 12/11/19 Thursday 12/12/19 Friday 12/13/19 PM lime Rice HOV SOV Vol. LOS Rice HOV SOV Vol. LOS Rice HOV SOV Vol. LOS Rice HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400- 1500 $295 113 671 784 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 $295 169 697 866 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 $295 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 $295 111 630 741 B $295 107 604 711 B $295 81 570 651 B 1800.1900 $2.95 132 542 674 B $2.95 135 593 728 B $2.95 110 547 657 B $295 139 624 763 B $295 164 506 670 B 1900 - 2000 $2.95 170 496 666 B $2.95 178 594 772 B $2.95 146 623 769 B $295 194 630 824 C $2.95 180 523 703 B Monday 12/16/19 Tuesday 12/17/19 Wednesday 12/18/19 Thursday 12/19/19 Friday 12/20/19 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 $295 118 688 806 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 $295 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 $295 103 595 698 B $2.95 106 618 724 B $2.95 127 659 786 B $2.95 141 575 716 B 1800-1900 $295 129 577 706 B $295 143 604 747 B $2.95 120 624 744 B $2.95 162 620 782 B $2.95 183 609 792 B 1900-2000 $295 161 509 670 B $295 157 603 760 B $295 184 494 678 B $2.95 205 651 856 C $2.95 195 477 672 B Monday 12/23/19 Tuesday 12/24/19 Wednesday 12/25/19 Thursday 12/26/19 Friday 12/27/19 PM lime 1400-1500 $2.95 122 627 749 B $5.30 228 537 765 B 6295 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 $295 223 286 509 B $5.30 116 433 549 B $295 187 615 802 C 1600-1700 $2.95 115 554 669 B $2.95 177 503 680 B $2.95 144 231 375 A $295 82 315 397 A $295 120 539 659 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 $295 135 469 604 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 $295 152 418 570 B 1900- 2000 $2.95 124 286 410 B $2.95 237 394 631 B 62.95 292 252 544 B $2.95 91 151 242 A $295 154 296 450 B Monday 12/30/19 Tuesday 12/31/19 Wednesday 01/01/20 Thursday 01/02/20 Friday 01/03/20 PM lime 1400-1500 $2.95 117 591 708 B $5.30 165 680 845 C 1500 -1600 $5.30 162 649 811 C $295 146 505 651 B 1600 -1700 $2.95 86 595 681 B $295 150 574 724 B 1700-1800 $2.95 109 489 598 B $295 176 501 677 B 1800-1900 $2.95 115 405 520 B $295 164 398 562 B 1900 - 2000 $2.95 118 321 439 B $295 134 253 387 A Express A Lanes 14 RCTC WESTBOUND PEAK -HOUR VOLUMES Westbound AM Peak - McKinley to County Line Monday 12/02/19 Tuesday 12/03/19 Wednesday 12/04/19 Thursday 12/05/19 Friday 12/06/19 AM lime Price HOV SOV Vol. LOS Price HOV SW Vol. LOB Price HOV SOV Vol. LOS Price HOV SW Vol. LOS Price HOV SW Vol. LOB 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 v.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 $1220 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 F $8.00 148 1,049 1,197 D $9.00 178 1,044 1,222 E $5.30 167 884 1,051 D Monday 12/09/19 Tuesday 12/10/19 VVednesday 12/11/19 Thursday 12/12/19 Friday 12/13/19 AM Time Price HOV SW Vol. LOS Price Ha/ SW Vol. LOS Price HOV SOV Vol. LOB Price HOV SW Vol. LOB Price HOV SW Vol. LOB 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 $2280 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 '/.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 86.00 166 1,126 1,292 E $9.00 186 1,207 1,393 F $5.30 158 1,002 1,160 D Monday 12/16/19 Tuesday 12/17/19 Wednesday 12/18/19 Thursday 12/19/19 Friday 12/20/19 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 $1220 248 1,343 1,591 F $8.00 161 1,170 1,331 E 0900-1000 $6.95 179 1,117 1,296 E 59.00 172 1,205 1,377 F $8.00 163 1,094 1,257 E 59.00 199 1,139 1,338 E $5.30 189 874 1,063 D Monday 12/23/19 Tuesday 12/24/19 Wednesday 12/2519 Thursday 12/26/19 Friday 12/27/19 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 $1220 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 Monday 12/30/19 Tuesday 12/31/19 Wednesday 01/01/20 Thursday 01/02/20 Friday 01/03/20 AM Time i ' 0400-0500 $10.80 240 668 908 C $5.30 184 481 665 B 0500 - 0600 $23.25 276 590 866 C $1220 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 Express A Lanes 15 Westbound AM Peak - 1-15 North to County Line Monday 12/02/19 Tuesday 12/03/19 Wednesday 12/04/19 Thursday 12/05/19 Friday 12/06/19 AM Time Price HOV SW Vol. LOS Price HOV SW Vol. LOS Price HOV SW Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $6.85 264 799 1,083 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 1,393 E $6.85 250 1,043 1,293 E 0700-0800 $1215 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 Monday 12/09/19 Tuesday 12/10/19 Wednesday 12/11/19 Thursday 12/12/19 Friday 12/13/19 AM lime Price HOV SW Vol. LOS Price HOV SW Vol. LOS Price HOV SW Vol. LOS Price HOV SW Vol. LOS Price HOV SW 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 $1215 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 8877 1,006 D $2.95 107 789 896 C Monday 12/16/19 Tuesday 12/17/19 Wednesday 12/18/19 Thursday 12/19/19 Friday 12/20/19 AM Time Price HOV SW Vol. LOS Rice HOV SOV Vol. LOS Price HOV SW Vol. LOS Price HOV SW 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 $1215 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 Monday 12/23/19 Tuesday 12/24/19 Wednesday 12/25/19 Thursday 12/26/19 Friday 12/27/19 AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Rice HOV SOV Vol. LOS Price HOV SW 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 $1800 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 $1215 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 Monday 12/30/19 Tuesday 12/31/19 Wednesday 01/01/20 Thursday 01/02/20 Friday 01/03/20 AM Time Rice HOV SW Vol. LOS Rice HOV SW Vol. LOS Price HOV SOV Vol. LOS Rice HOV SW Vol. LOS Price HOV SW 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 $1215 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 5295 93 340 433 B Express A Lanes i6 RCTC OPERATIONAL 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. &Express Lanes 17 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement YTD as of : 12/31/2019 YTD Variance Description Actual' Budget Dollar $ Percent (%) Operating revenues: Toll Revenue '$ 30,520,448.48 '$ 18,294,550.00 $ 12,225,898.48 66.8 Fee Revenue r 3,929,501.92 r 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 I 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 I $ 6,954,350.00 I $ 6,065,117.42 I 87.2 Unaudited 2 Depreciation is not a budgeted expense & Express A Lanes 18 JOINT AGENCY TRIP AND REVENUE 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 1-15 296,322 204,234 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 1-15 222,069 174,260 78% $ 492,501 McKinley 359,712 254,806 71% $ 1,406,533 JOINT AGENCY TRAFFIC STATISTICS 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 Joint Agency Traffic Statistics 65% 68% 58% 74% OCTA RCTC OCTA RCTC Westbound Eastbound OCTA Transactions RCTC Transactions % of OCTA Transactions Using Both Segments % of RCTC Transactions Using Both Segments Express 1 Lanes 19 JOINT AGENCY PERFORMANCE MEASURES REPORTING REQUIREMENT Reporting I Period PERFORMANCE STANDARD Dec-19 Performance CUSTOM ER SERVICE Call Wait Time Monthly Not to exceed 2 nnutes 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 74% or more 69% CUSA Violation Collection Rate Annually TRAFFIC OPERATIONS Initial & Secondary Reviews Monthly Equal to or less than 15 days 1.0 * Rate 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 Monthly OCTA Exceptions No more than 3 0 RCTC Exceptions 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. JOINT AGENCY TRANSPONDER DISTRIBUTION TRANSPONDER DISTRIBUTION December-19 November-19 Tags % of Total FY 2019-20 Average To -Date Issued To New Accounts Additional Tags to Existing Accounts Replacement Transponders Returned Account aosures Accounts Dow nsizing Defective Transponders Total Issued 1,143 47.5% 805 33.5% 458 19.0% 2,406 16 Total Returned 400 47.3% 147 17.4% 50.4% 30.3% 19.4% 420 38.3% 475 40.4% 107 9.8% 154 13.1% 299 35.3% 570 52.0% 1 546 46.5% 846 - 1,097 1,175 Express A Lanes 20 At the end of December 2019, the 91 Express Lanes had 150,399 active customer accounts and 229,597 transponders classified as Assigned. 160,000 150,000 - 140,000 - 130,000 - 120,000 - 110,000 - 100,000 - 90,000 - 80,000 - 70,000 - 60,000 Number of Accounts by Fiscal Year As of December 31, 2019 119,782 116,813 112,584 112,473 112,929 113,672 o_ 1 140,694 130,048 148,054 150, 246 150,451 150,399 ti) >as `Sad >�s oc� Fiscal Year Incoming Email Activity During December, the Anaheim Processing Center received 2,928 emails. Express Lanes 21 AGENDA ITEM 71 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Toll Policy and Operations Committee Reinland Jones, Toll Technology Manager Jennifer Crosson, Toll Operations Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Caltrans Maintenance Amendment for RCTC 91 Express Lanes and 15 Express Lanes TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission 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; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreement on behalf of the Commission. 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, Agenda Item 71 66 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 Agenda Item 71 67 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: \lie4,4,,,Ai„ Date: 02/11/2020 Attachment: Draft Amendment No. 17-31-021-03 Approved by the Toll Policy and Operations Committee on February 27, 2020 In Favor: 5 Abstain: 0 No: 0 Agenda Item 71 68 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 1-15 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: 1733 6.02101 \32328543.1 1 69 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 2 1733 6.02101 \32328543.1 70 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 1733 6.02101 \32328543.1 3 71 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. 1733 6.02101 \32328543.1 4 72 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. 1733 6.02101 \32328543.1 [Signatures on following page] 5 73 SIGNATURE PAGE TO AMENDMENT NO. 3 TO FREEWAY MAINTENANCE AGREEMENT STATE OF CALIFORNIA RIVERSIDE COUNTY DEPARTMENT OF TRANSPORTATION TRANSPORTATION COMMISSION By: Title: By: Anne Mayer, Executive Director 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: 1733 6.02101 \32328543.1 6 74 Exhibit "A" Work Plan and Budget Fiscal Year 2020-2021 [attached behind this page] Exhibit A 1733 6.02101 \32328543.1 AGENDA ITEM 7J RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Toll Policy and Operations Committee Stephanie Blanco, Capital Projects Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement with Selected Consultants for On -Call Traffic and Revenue Study Services TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission 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; and 4) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the task order services. 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 Agenda Item 7J 76 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 1-15 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 1-15 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 1-15 Express Lanes Project — Southern Extension (1-15 ELPSE). At this time, the 1-15 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; Agenda Item 7J 77 • 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 1-15 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 (1-15 ELPSE) $600,000 Traffic and Revenue Study — Final (1-15 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. Agenda Item 7J 78 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. Agenda Item 7J 79 Financial Information In Fiscal Year Budget: Yes Year: FY 2019/20 Amount: $ 450,000 N/A FY 2020/21+ $ 3,645,000 Local Transportation Funds, 2009 Measure A, No Source of Funds: Budget Adjustment: and other funds (as identified and applicable) N/A 003044 65520 00000 0000 262 31 65520 GL/Project Accounting No.: XXXXXX 65520 00000 0000 XXX 31 65520 Fiscal Procedures Approved: \I-Al/Liezeati 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. Approved by the Toll Policy and Operations Committee on February 27, 2020 In Favor: 5 Abstain: 0 No: 0 Agenda Item 7J 80 ATTACHMENT 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 TRANSPORT ION COMMISSION ("the Commission") and C&M ASSOCIATES, INC. ("Cons : nt"), a Corporation. The Commission and Consultant are sometimes referred t•. q individually as "Party", and collectively as the "Parties". Recitals. A. On November 8, 1988 the Voters o authorizing the collection of a one-half p: 1/2 "tax") to fund transportation programs an and adopting the Riverside Count B. Pursuant to Pu authorized to allocate the pr C. On Nov of the Measure A transportation and i rside County approved Measure A tail transactions and use tax (the s within the County of Riverside, rovement Plan (the "Plan"). ctions 240000 et seq., the Commission is in furtherance of the Plan. e voters of Riverside County approved an extension dit . al thirty (30) years for the continued funding of within the County of Riverside. D. Consultant . -s to perform and assume responsibility for the provision of certain on -call traffic and re -nue 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). 17336.00603\32414498.1 81 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 Proceed" or "Limited Notice to Proceed" from Co Purchase Order for authorized Task Order Serv. 3. Pre -Award Audit. As a result of the Caltrans procedures apply in connection -with be contingent upon completion and appr during the pre -award audit shall be resolve of this Agreement. 4. Audit Proced proposals and ICR, are subjec audit, an incurred cos work paper review proposal and ICR compliance with 48 C of a CPA ICR audit wor state, or local governmen n -ipt of a written "Notice to ission, - following issuance of a g for this Project, and to the extent nce of a "Notice to Proceed" may and audit. Any questions raised ommission will consider approval d subconsultant contracts, including cost dits or eviews such as, but not limited to, a contract endent Cost Review (ICR) Audit, or a CPA ICR audit dit or review, this Agreement, Consultant's cost ork papers, if applicable, will be reviewed to verify and other related laws and regulations. In the instances review it is Consultant's responsibility to ensure federal, fficials 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. 17336.00603\32414498.1 2 82 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 hall complete the Services within the term of this Agreement, and shall meet any of established schedules and deadlines. All applicable indemnification provisions o Agreement shall remain in effect following the termination of this Agreement. 6. Commission's Contract Administ . r. The Comr ion hereby designates the Commission's Executive Director, or his her -signee, to act as its Contract Administrator for the performance of this ement ("Commission's Contract Administrator"). Commission's Contrac ' s inistrshall have the authority to act on behalf of the Commission for all purposeement. Commission's Contract Administrator shall also review and give a • o , . eded, to the details of Consultant's work as it progresses. Consult. .II n. ccept direction or orders from any person other than the Commission's trac dmi trator or his or her designee. 7. Consultant's ' .en a Consultant hereby designates Sam Bohluli, to act as its Repres- - • e performance of this Agreement ("Consultant's Representative"). ultan ' e • entative shall have full authority to act on behalf of Consultant for all p► .ses und: this Agreement. The Consultant's Representative shall supervise and direct t' ervic: , using his or her professional skill and attention, and shall be responsible for all me. -thods, techniques, sequences and procedures and for the satisfactory coordination o 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 17336.00603\32414498.1 3 83 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 .-rform, at its own cost and expense and without reimbursement from the Commiss , any services necessary to correct errors or omissions which are caused by the Co is failure to comply with the standard of care provided for herein, and shall be fully _.pon to the Commission for all damages and other liabilities provided for in indemni ion provisions of this Agreement arising from the Consultant's err' an• omissio .. Any employee of Consultant or its sub -consultants who is • -r - ed by the Commission to be uncooperative, incompetent, a threat to the adeqtimely completion of the Project, a threat to the safety of persons or propert -. em. ee who fails or refuses to perform the Services in a manner acceptable to t . o , shall be promptly removed from the Project by the Consultant and s• - II not - em..yed to perform any of the Services or to work on the Project. 10. Inde•enden under its supervision. performing the Servi retains Consultant representative of th different services for o performing the Services under Consultant's exclusiv ervices shall be performed by Consultant or will determine the means, methods and details of he requirements of this Agreement. Commission contractor basis and not as an employee, agent or n. Consultant retains the right to perform similar or g the term of this Agreement. Any additional personnel his Agreement on behalf of Consultant shall at all times be 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 17336.00603\32414498.1 4 84 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 hall respond to Consultant's submittals in a timely manner. Upon request of Commi n's Contract Administrator, Consultant shall provide a more detailed schedule of an ' ted performance to meet the Schedule of Services. 11.1 Modification of the Schedu Commission, through correspondence or pr required Services within the scheduled time pe informed of all anticipated delays. In the that modification is necessary, Consultant sha for approval by Commission's Contract A 11.2 Trend ings Commission's Contract Ad Commission, on a bi-weekly standard day and ti discussions conce issues, and future and distribution of attendees no later than on Itant shregularly report to the ports, its progress in providing Commission shall be promptly ultant determines that a schedule it a revised Schedule of Services ant shall conduct trend meetings with the er interested parties, as requested by the or as may be mutually scheduled by the Parties at a d meetings will encompass focused and informal le, and current progress of Services, relevant cost es. Consultant shall be responsible for the preparation endas to be received by the Commission and other 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, 17336.00603\32414498.1 5 85 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 nimize delay in completion, and additional costs, resulting from any such extension. 13. Preliminary Review of Work. All repo , wo • g papers, and similar work products prepared for submission in the course of p ding Se -s under this Agreement shall be submitted to the Commission's Contr Ad inistrato draft form, and the Commission may require revisions of such dra rior ormal submission and approval. In the event plans and designs are to be develo s part of the Project, final detailed plans and designs shall be contingent u. •.tainin vironmental clearance as may be required in connection with State funds 'e nt that Commission's Contract Administrator, in his or her sole discretion, , - i e formally submitted work product to be not in accordance with t dar care established under this Agreement, Commission's Contract Admi► . rato av r: ire Consultant to revise and resubmit the work at no cost to the Com 14. A..e Consultant shall re Project or necessar required to, and will n questions of a legal natu rings. If and when required by the Commission, public hearings or other meetings related to the ance of the Services. However, Consultant shall not be y decision, interpretation or recommendation regarding ich 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 17336.00603\32414498.1 6 86 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 o this Agreement in order to finally resolve the claims. 16.4 Nothing contained in this Section .II • onstrued to in any way limit Consultant's indemnification obligations contained i► .ection 2the case of any conflict between this Section and Section 29, Section 29 .II govern. Th .ection is not intended to obligate the Commission to reimburse Cons t f• e spent by its personnel related to Contractor claims for which Consultant is ed to indemnify and defend the Commission pursuant to Section 29 of t 17. Final Acceptance. Upon .j►' . by the Commission that Consultant has satisfactorily completed the ' es ired under this Agreement and within the term set forth herein the Co' issi4 sha ;five Consultant a written Notice of Final Acceptance. Upon receip s - - ' - Consultant shall incur no further costs hereunder, unless otherwise s• -d in - otice of Final Acceptance. Consultant may request issuance of a _ Acceptance when, in its opinion, it has satisfactorily completed all Servi require n • e terms of this Agreement. In the event copyrights are permitted unde ''s Agree -nt, then in connection with State funding, it is hereby acknowledged and ag • tha e State agency shall have the royalty -free non-exclusive and irrevocable right to ► ce, publish, or otherwise use, and to authorize others to use, the work for governm al 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 17336.00603\32414498.1 7 87 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 Servi -s. Consultant shall not be reimbursed for actual costs that exceed the estimated w - rates, employee benefits, travel, equipment rental, overhead, and other estimate- is set forth in the approved Consultant cost proposal attached hereto as Exhi. `B' . incorporated herein by reference, or any cost proposal included as part of ask Or• "Cost Proposal") unless additional reimbursement is provided for by en endme . The overhead rates included in the attached Exhibit "B" shall be fixe th rm of the Master Agreement, and shall not be subject to adjustment, unless require he applicable funding source. In In no event, shall Consultant be reimbur •r ove d costs at a rate that exceeds Commission's approved overhead rate - . th ost Proposal. In the event that Commission determines that a change t. - •e , es from that specified in the Cost Proposal, this Agreement or a - Or. is required, the Agreement time or actual costs reimbursable by Co r issio shal •e adjusted by written amendment to accommodate the changed . T► total cost as specified in Section 19.8 shall not be exceeded, unless - tho . by a written amendment. 19.2 Consultant a fixed nonadjustable for each of Services, and such a allowable incurred costs, Commission shall pay rth in each Task Order ("Fixed Fee"). The Fixed Fee is r, except in the event of a significant change in the Scope nt 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 17336.00603\32414498.1 8 88 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 pro permit upon receipt by Commission's Contract Admini triplicate. Invoices shall be submitted no later than 45 cal of work for which Consultant is billing. Invoices shall milestone and each project as applicable. Invoices approved Cost Proposal and shall reference this invoice must contain the final cost and all credit purchased under the Equipment Purchase provis should be submitted within 60 calend Invoices shall be mailed to Commission Riverside County Attention: Acco P.O. 12008 Riverside, CA tly as fiscal procedures will or of itemized invoices in r days after the performance work performed on each follow format stipulated for the ent num and project title. Final mission including any equipment of this Agreement. The final invoice ompletion of Consultant's work. istrator at the following address: Commission 19.8 a tots o payable by Commission, including the Fixed Fee, shall not exceed th- ount se .rth in each Task Order. 19.9 Sa . eases shall be reimbursable if the new salary is within the salary range identified in t 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- 17336.00603\32414498.1 9 89 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 ask Order that exceeds the NTE Sum. 20. Disputes. 20.1 Any dispute, other than a under this Agreement that is not disposed of by decided by a committee consisting of R written or verbal information submitted b 20.2 Not later t Agreement, Consultant may unresolved claims or dispute writing. 20.3 committee will excu terms of this Agreeme 21. Termination. erning a question of fact arising agreement of the Parties shall be Cont . Administrator, who may consider fter completion of all Services under this the Commission's Executive Director of The request for review will be submitted in pency of a dispute, nor its consideration by the from full and timely performance in accordance with the 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 17336.00603\32414498.1 10 90 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 otherwise provided herein, and deliver to the Commission all Documents and Data, a fined in this Agreement, as may have been prepared or accumulated by Consulta erformance of the Services, whether completed or in progress. 21.5 In addition to the above, C for any reasonable additional costs incurred by Commission has compensated Consultant Commission has determined in its sole complete the Project because it did no Agreement. Termination of this Agree Commission in determining whe ent shall be ble to the Commission ssion to revise work for which the this Agreement, but which the tion n - . to be revised, in part or whole, to and of care established in this se may be considered by the to future agreements with Consultant. f the Parties provided in this Section are in addition to any other rights an. -dies • •vided by law or under this Agreement. 21.7 waived any and all termination of this Ag cuting this Agreement, shall be deemed to have ages which may otherwise arise from the Commission's convenience or cause, as provided in this Section. 21.8 Cons • . nt 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, 17336.00603\32414498.1 11 91 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 mak- such materials available at their respective offices at all reasonable times during the -ement period and for three years from the date of final payment under this Agre .t. The State, State Auditor, Commission, FHWA, or any duly authorized repre to of the State or Federal Government shall have access to any books, rec , and do 'gents of Consultant and it's certified public accountants (CPA) work pap at e pertine o this Agreement and indirect cost rates (ICR) for audit, examinatio x s, and transactions, and copies thereof shall be furnished if requested. Subcontra excess of $25,000 shall contain this provision. 23.1 Accounting and maintain an accounting sys expenditures by line item for subcontractors shall confor the determination of incurred c reimbursement paym System. � ' " - d its subcontractors shall establish d re :s that properly accumulate and segregate accounting system of Consultant and its ted Accounting Principles (GAAP), enable interim points of completion, and provide support for invoices. 24.1 An e concerning a question of fact arising under an interim or post audit of this Agreeme 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 17336.00603\32414498.1 12 92 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 Comm' sion. 25.4 Any subcontract in excess of $25, ntered into as a result of this Agreement shall contain all the provisions stipulated i is - -ement to be applicable to subconsultants. 25.5 Any substitution of subc Ita must be approved in writing by Commission's Contract Administrator prior to th of work by the subconsultant(s). 25.6 Exhibit "B" may set bill the Consultant for Services and that a to Consultant. Additional Direct the Consultant and all subcon Order. The subconsultant r accounting purposes only. 26. which each subconsultant shall imbursement by the Commission ed in Exhibit "B" shall be the same for both therwise identified in Exhibit "B" or in a Task cost proposals contained herein are for 26.1 Pr .' , ization, in writing, by Commission's Contract Administrator shall be required before sultant 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 17336.00603\32414498.1 13 93 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 com Prevailing Wage Rate requirements in accorda 1770, and all Federal, State, and local laws a (b) Any subcontr, entere more than $25,000 for public works con demolition, repair, or maintenance of publi Section. (c) Scope of Services, transpor minimum rates set by applicable Prevailin th the of California's General with Califor Labor Code, Section es applicable to the Services. as a result of this Agreement, if for than $15,000 for the alteration, contain all of the provisions of this es apply to the Services described in the n. istence costs shall be reimbursed at the ent of Industrial Relations (DIR) as outlined in the tion. See http://www.dir.ca.gov. of the prevailing rate of per diem wages in effect at commencement of this -e► t are on file at the Commission's offices. Consultant shall make copies of the prevai ates 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 17336.00603\32414498.1 14 94 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 prov. ions of the California Labor Code, unless Consultant or the Services are not subject t�e Eight -Hour Law. 27.4 Employment of Apprentices. ThVAg ent shall not prevent the employment of properly indentured apprentices i cordanc 'th the California Labor Code, and no employer or labor union shall refu acc t othe e qualified employees as indentured apprentices on the work perform er der solely on the ground of race, creed, national origin, ancestry, color or sex. Eve alified apprentice shall be paid the standard wage paid to apprentices under ` -. ulati of the craft or trade in which he or she is employed and shall be employed 'IUD ' - c t or trade to which he or she is registered. If California Labor Cod subcontractor hereunder wh apply to the joint apprenticeshi approving Consultant Upon issuance of number of apprenti the apprenticeship pro pplies to the Services, Consultant and any in any apprenticeable craft or trade shall cil administering applicable standards for a certificate ultant for the employment and training of apprentices. sultant and any sub -consultant shall employ the r therein, as well as contribute to the fund to administer ch craft or trade in the area of the work hereunder. The parties expres 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"). 17336.00603\32414498.1 15 95 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, Co ► ssion shall have and retain all right, title and interest (including copyright, patent, trade and other proprietary rights) in all plans, specifications, studies, drawings, e ates, '.terials, data, computer programs or software and source code, enhance s, docum and any and all works of authorship fixed in any tangible medium o pre n, inclining but not limited to, physical drawings or other data magnetically o Ise recorded on computer media ("Intellectual Property") prepared or developed b on behalf of Consultant under this Agreement as well as any other such Int .I Pro prepared or developed by or on behalf of Consultant under this Agreeme The Com Intellectual Property develop wholly or in part by Commissi and whether or not dev- -•ed assignments of any request of Commi ve and retain all right, title and interest in er this Agreement whether or not paid for t developed in conjunction with Consultant, onsultant. Consultant will execute separate written the above referenced Intellectual Property upon C. Ita► hall also be responsible to obtain in writing separate written assignments from . ubcontractors 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 17336.00603\32414498.1 16 96 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 rvices or the Project in any magazine, trade paper, newspaper, television or radio pro tion or other similar medium without the prior written consent of Commission. 28.4 Infringement Indemnification hold the Commission, its directors, officials, offic and harmless, pursuant to the indemnification p infringement of any patent, copyright, trade secr proprietary right of any person or entit . nseq Commission of the Documents & Data, in specified or depicted. 29. Indemnificati defend (with counsel of Com and their directors, offici and harmless from an loss, damage or inj any manner arisin misconduct of Consu contractors arising out of or this Agreement, includin nsultant1defend, indemnify and yees, vo nteers and agents free of this Agreement, for any alleged ade name, trademark, or any other ce of the use on the Project by od, process, product, or concept extent permitted by law, Consultant shall , indemnify and hold Commission, Caltrans employees, consultants, volunteers, and agents free demands, causes of action, costs, expenses, liability, , to property or persons, including wrongful death, in cident to alleged negligent acts, omissions, or willful fficials, officers, employees, agents, consultants, and onnection with the performance of the Services, the Project 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. 17336.00603\32414498.1 17 97 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 shal Agreement until it has provided evidence satisfactory to t all insurance required under this Section, in a foran acceptable to the Commission. In addition, Consul shall commence work on any subcontract until it has - ured all Section. 30.2 Minimum Require maintain for the duration of the Agreeme or damages to property which may arise fr Agreement by the Consultant, it Consultant shall also require insurance for the duration following minimum levels of commence work under this mmission that it has secured ith insurance companies no ow any subcontractor to insure required under this Cons. -nt shall, at its expense, procure and nst claims for injuries to persons ection with the performance of the sentatives, employees or subcontractors. ractors to procure and maintain the same Such insurance shall meet at least the cope of Insurance. Coverage shall be at least as broad as the latest .ion of the .!lowing: (1) General Liability: Insurance Services Office Commercial General ility c• • rage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Ins ► q- ervices Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exac quivalent); 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 17336.00603\32414498.1 18 98 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, fora 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 ► . n $2,000,000 per claim. Notwithstanding the foregoing, the Commission may con r written requests to lower or dispense with the errors and omissions liability insura' -quirement contained in this Section for certain subconsultants of Consultant, on . ase- case basis, depending on the nature and scope of the Services to be provi► . by the s onsultant. Approval of such request shall be in writing, signed by the ' . mi ion's Co ract Administrator. 30.4 Aircraft Liability Insuran use of aircraft, Consultant shall proc maintained, aircraft liability insurance o required by the Commission. Such insura non -owned aircraft and pass Commission, Caltrans and additional insureds with res the Consultant. 30.5 following provision Commission to add t •Ilow' • provisions to the insurance policies: ce. o conducting any Services requiring n, or cause to be procured and , with a single limit as shall be a ude coverage for owned, hired and all name, or be endorsed to name, the cials, officers, employees and agents as or operations performed by or on behalf of n • . ements. The insurance policies shall contain the t shall provide endorsements on forms approved by the (a) . eneral 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. 17336.00603\32414498.1 19 99 (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 respect their directors, officials, officers, employees and agen unbroken chain of coverage excess of the Consultan Any insurance or self-insurance maintained by directors, officials, officers, employees and a insurance and shall not be called upon to cont (c) Workers' Co ► - i satiori (i) Consult of Section 3700 of the California Cod against liability for workers' co - - nsa n or the provisions of that co commencing work under this ent. against the Comm! paid under the terms Consultant. set forth hereunder. Commission, Caltrans and if excess, shall stand in an sc led underlying coverage. Comm n, Caltrans and their I be ex s of the Consultant's it in any way. Employers Liability Coverage. at he/she is aware of the provisions ich requires every employer to be insured ndertake self-insurance in accordance with II comply with such provisions before nsurer shall agree to waive all rights of subrogation ors, officials, officers, employees and agents for losses rance policy which arise from work performed by the (d) All Coverages. (i) Defense costs shall be payable in addition to the limits (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 17336.00603\32414498.1 20 100 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 r-quired by this Agreement, except that the Consultant shall provide at least ten (1 ays prior written notice of cancellation of any such policy due to non-payment of ium. If any of the required coverage is cancelled or expires during the term of t . Ag . ent, the Consultant shall deliver renewal certificate(s) including the General ility Addi .I Insured Endorsement to the Commission at least ten (10) days prio the effective .te of cancellation or expiration. (v) The r later than the effective date of this Agree continuously for a period of at least three Agreement. Consultant shall p retroactive date is advanced cancelled or not renewed; or a retroactive date subsea uent insurance coverage the Commission, is no and obligations otherwis but not limited to, the provi (if any) of each policy is to be no nt shall maintain such coverage completion of the work under this 1) year extended reporting period A) if the date of this Agreement; B) if the policy is placed by another claims -made policy with effective date of this Agreement. oregoing requirements as to the types and limits of ed by Consultant, and any approval of said insurance by and shall not in any manner limit or qualify the liabilities ed by the Consultant pursuant to this Agreement, including ns 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. 17336.00603\32414498.1 21 101 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 s .II furnish Commission with original certificates of insurance and endorsements effe • coverage required by this Agreement on forms satisfactory to the Commission. T--rtificates and endorsements for each insurance policy shall be signed by a pers• : uthed by that insurer to bind coverage on its behalf. All certificates and endors- -nts mus received and approved by the Commission before work commences. e C•mmissi• reserves the right to require complete, certified copies of all require. 'su e policies, at any time. 30.9 Subconsultant Ins e Re• ents. Consultant shall not allow any subcontractors or subconsultants to • - e k on any subcontract until they have provided evidence satisfactory to • sion that they have secured all insurance required under this S Po l -s of commercial general liability insurance provided by such subcontr.- . s o .ubc• .ultants shall be endorsed to name the Commission as an additiona ur- i form CG 20 38 04 13 or an endorsement providing the exact same cov- -. If requested by Consultant, the Commission may approve different scolimits of insurance for particular subcontractors or subconsultants. 30.10 nce. At its option, the Commission may require such additional coverage(s), li d/or the reduction of deductibles or retentions it considers reasonable and prudent ba -d 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, 17336.00603\32414498.1 22 102 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 • . rties. Notwithstanding the foregoing, the Commission's Executive Director may ma - change to the Agreement, other than a Cardinal Change. For purposes of this A. 'ent, a Cardinal Change is a change which is "outside the scope" of the Agreeme , of ords, work which should not be regarded as having been fairly and reas• . •ly withi - contemplation of the parties when the Agreement was entered intoexple of - hange which is not a Cardinal Change would be where, in a contra • ► struct a building there are many changes in the materials used, but the size and I. t of the building remains the same. Cardinal Changes are not within the a oft •rovision to order, and shall be processed by the Commission as "sole so a ents according to applicable law, including the requirements of FTA rcula •.1 1, •aragraph 9(f). modification which is sig than a Cardinal Ch adjustment to the issuance of a Chan agreements of the pa Modification"). to the changes authorized above, a by • " . ultant and the Commission's Executive Director, other ade in order to: (1) make a negotiated equitable e, . livery schedule and other terms resulting from the reflect definitive letter contracts, and (3) reflect other fying the terms of this Agreement ("Bilateral Contract (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 17336.00603\32414498.1 23 103 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 confl'ct with the performance of services under this Agreement. (c) Any subcontract in excess „2 '0 entered into as a result of this Agreement, shall contain all of the provisions (d) Consultant hereby affiliated with Consultant will bid on any construc construction inspection for any constructi. • . roject firm is one, which is subject to the contro otherwise. (e) Ex providing surveying or mate design services in connection contract, or on any co resulting from this c is Artic t neither onsultant, nor any firm tract, or on any contract to provide Iting from this contract. An affiliated ons through joint -ownership, or sultants whose services are limited to tion, no subconsultant who has provided is co ct shall be eligible to bid on any construction e construction inspection for any construction project 33.3 miss' Conflict of Interest. For the term of this Agreement, no member, officer or empl. - he Commission, during the term of his or her service with the Commission, shall hav- : ny 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 17336.00603\32414498.1 24 104 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 t - value of the work actually performed; or to deduct from the Agreement price; or othee recover the full amount of such rebate, kickback or other unlawful consideration. 33.7 Covenant A•ainst Ex•endit of Com ion State or Federal Funds for Lobbying. The Consultant certifies tr to th- best o / her knowledge and belief no state, federal or local agency appropr . -d f .s have been paid, or will be paid by or on behalf of the Consultant to any person for urpose of influencing or attempting to influence an officer or employee of a - e or feal agency; a Member of the State Legislature or United States Congress; - o -mployee of the Legislature or Congress; or any employee of a Member o -gi ure or Congress, in connection with the award of any state or feder. . act, • . nt, loan, or cooperative agreement, or the extension, continuation, rend .I, a ndm: or modification of any state or federal contract, grant, loan, or coo Ily omitted. onsultant's certification provided in this Section is a material representatio fact on which reliance was placed when this Agreement was entered into, and is a p . ite for entering into this Agreement pursuant to Section 1352, Title 31, US. Code. ilure 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. 17336.00603\32414498.1 25 105 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 in good faith to resolve any dispute arising between not excuse Consultant from full and timely perfo 37.2. If the Parties are unable to r faith to do so, the Parties may seek any either Party commences an action agai otherwise, arising out of or in connection litigation shall be entitled to have fees and, all other costs of su 38. Time of Esse this Agreement. 39. H headings contained i the construction or inte e m. The nce of the r, the Parties shall attempt dency of a dispute shall ices. a dispute after attempting in good remedy to resolve the dispute. If y, either legal, administrative or ment, the prevailing Party in such om the losing Party reasonable attorneys' he essence for each and every provision of an. Section Headings, paragraph captions or marginal ent are for convenience only and shall have no effect in 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 17336.00603\32414498.1 26 106 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 supers des all prior negotiations, agreements or understandings. 44. Invalidity; Severability. If any portion of s -ement is declared invalid, illegal, or otherwise unenforceable by a court ofpetent sdiction, the remaining provisions shall continue in full force and effect. 45. Intentionally Omitted. 46. Survival. All rights and nder that by their nature are to continue after any expiration or terminatio -ment, including, but not limited to, the indemnification and confideobl ons, shall survive any such expiration or termination. 47. No Third P ne es. There are no intended third party beneficiaries of any ri• ► •li n assumed by the Parties. 48. La. Certifica n. 'y its signature hereunder, Consultant certifies that it is aware of the provis of Se• •n 3700 of the California Labor Code which require every employer to be insure • . i lability for Workers' Compensation or to undertake self- insurance in accordance he 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 17336.00603\32414498.1 27 107 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 .' closed and provided that Consultant first comply with the requirements set forth i► is paragraph. As soon as practicable after Consultant becomes aware that it is re• or may become required, to disclose the Confidential Communication for such .so , onsultant shall notify the Commission in writing, in order to allow the Commi .n to purs -gal remedies designed to limit the Confidential Communication req d to .e disclosed or to assure the confidential treatment of the disclosed informati. .II. g its disclosure. Consultant shall cooperate with the Commission, on a reimburse. •asis, to assist the Commission in limiting the scope of disclosure or ass .e co -ntial treatment of any disclosed information. 51. court order related to this immediately provide written Consultant shall not re Commission is provi responding to the 52. Assi transfer, either directly or the prior written consent of Should Consultant receive a subpoena or ervices or the Project, Consultant shall poena or court order to the Commission. y such subpoena or court order until notice to the erein, and shall cooperate with the Commission in rder. ransfer. Consultant shall not assign, hypothecate, or ration of law, this Agreement or any interest herein, without e 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 17336.00603\32414498.1 28 108 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] 17336.00603\32414498.1 29 109 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 C&M ASSO ES, INC. TRANSPORTATION COMMISSION B By: Signature Anne Mayer, Executive Director Approved as to For By: Best, Best & Kriege General Counsel me Title cliiiiiiiiir 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. 17336.00603\32414498.1 30 110 EXHIBIT "A" SCOPE OF SERVICES [ATTACHED BEHIND THIS PAGE] Exhibit A 17336.00603\32414498.1 111 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 sort for the toll program. 2. DESCRIPTION OF WORK Consultant tasks may include, but not be limite , the follotypical tasks. Specific requirements will be set forth in each task for e rder: 2.1. Project Management The Consultant will support the Commiss dir'1�tion and supervision of project staff to facilitate the performance in ac •rdanc his ope of work and RCTC requirements. The Project management • is include but not be limited to, the coordination/preparation/d. ' n of p ct meetings, development/maintenance of a project schedule, prepara invoicing, maintenance of project records, development/adminis of - ality control plan and coordination of submittals and final deliverables. 2.2. Traffic and Re The Consultant shall sup 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. EXHIBIT A - 1 112 • 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 Consult iv ovide technical support as it relates to reviewing traffic and revenue activities and ' 'cument part of a given task order, the Consultant may review or develop studies rel- : to simulatio vel modeling, financial analysis, operational analysis, and planning s adjustments of tolled facilities, corridors, or sy requests from Commissioners as it rela ' • an evaluated. Under this task, the Consulta • Review and verify tra agencies; • Conduct data comp • Conduct land u • Conduct St • Toll opt adjustment techniques to upport pricing policies and design In addition, various questions and ex! • or future toll policy may need to be he following activities: Studies from other Consultants or other ection, and analysis; -economic research; rveys; through analysis of pricing strategies, toll rate to simulation analysis, and other financial modeling optimal toll solutions, based on revenue or throughput; • Evaluate the traf 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; EXHIBIT A - 2 113 • 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 property of Commission. All such materials shall be returned to Commission upon cor etion of services, termination of the agreement, or other such time as Commission ma e e. 2.5. Personnel Qualifications and Responsibilitie The quantity and qualifications of personnel to of the Task Order request and the degrof difficu All personnel and personnel assignment 2.6. Third Party Relationships This Contract is intended Commission projects, faciliti professional offerors The Commission, contractual matt Commission and sh issues, and all related hed will be determined by the scope f the required tasks to be performed. to approval by Commission. traffic and revenue consulting services for pu •. s. The Commission works closely with various others in the development of its projects and facilities. sponsible for and will be the sole point of contact for all the Task Orders. Offeror shall take direction only from nform only Commission of Task Order progress, outstanding 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. EXHIBIT A - 3 114 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. Upo a request for a Task Order Proposal by the designated Commission project manager .nsultant shall develop a plan and submit a task order proposal for the requested serv'' The Task Order shall include a time schedule, number of labor hours, and labor cl. icati. ) to provide the requested services. 3.3. Review and Award of Task Orders The Commission's designated project :er wi 'view the submitted Task Order (to ensure that the submittal is complete, con . - e ommission's written or oral request for services, the personnel assign-. are a. - ► ..le, - schedule is acceptable, that all costs proposed are appropriate, an. - - ite . in compliance with contractual requirements. The project manager will a : the ' k Or. if it is determined to be fair and reasonable. If required, the Commission's . e' . . - ill conduct negotiations to address exceptions and clarify costs. The - e . Task Order will serve as the record of negotiations. 3.4. Completion The Consultant's pe . n .f services shall commence under each Task Order only upon written authorization by ommission's designated project manager. Consultant shall complete the services within the time frame specified on a particular Task Order. EXHIBIT A - 4 115 EXHIBIT "B" COMPENSATION AND PAYMENT [ATTACHED BEHIND THIS PAGE] Exhibit B 17336.00603\32414498.1 116 EXHIBIT "B" COMPENSATION SUMMARY 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 SUBTOTAL 3,900,000.00 TOAL COSTS $ 3,900,000.00 1 Commission authorization pertains to total contract award amount. Compensa adjustment ween consultants may occur; however, the maximum total compensation authorized may not be exceeded. EXHIBIT B - 1 ATTACHMENT 2 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 TRANSPORT ION COMMISSION ("the Commission") and CDM SMITH, INC. ("Consultant"), a Co ration. The Commission and Consultant are sometimes referred to herein individuall arty", and collectively as the "Parties". Recitals. A. On November 8, 1988 the Voters o authorizing the collection of a one-half p: 1/2 "tax") to fund transportation programs an and adopting the Riverside Count B. Pursuant to Pu authorized to allocate the pr C. On Nov of the Measure A transportation and i rside County approved Measure A tail transactions and use tax (the s within the County of Riverside, rovement Plan (the "Plan"). ctions 240000 et seq., the Commission is in furtherance of the Plan. e voters of Riverside County approved an extension dit . al thirty (30) years for the continued funding of within the County of Riverside. D. Consultant . -s to perform and assume responsibility for the provision of certain on -call traffic and re -nue 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). 17336.00603\32414498.1 118 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 Proceed" or "Limited Notice to Proceed" from Co Purchase Order for authorized Task Order Serv. 3. Pre -Award Audit. As a result of the Caltrans procedures apply in connection -with be contingent upon completion and appr during the pre -award audit shall be resolve of this Agreement. 4. Audit Proced proposals and ICR, are subjec audit, an incurred cos work paper review proposal and ICR compliance with 48 C of a CPA ICR audit wor state, or local governmen n -ipt of a written "Notice to ission, - following issuance of a g for this Project, and to the extent nce of a "Notice to Proceed" may and audit. Any questions raised ommission will consider approval d subconsultant contracts, including cost dits or eviews such as, but not limited to, a contract endent Cost Review (ICR) Audit, or a CPA ICR audit dit or review, this Agreement, Consultant's cost ork papers, if applicable, will be reviewed to verify and other related laws and regulations. In the instances review it is Consultant's responsibility to ensure federal, fficials 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. 17336.00603\32414498.1 2 119 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 hall complete the Services within the term of this Agreement, and shall meet any of established schedules and deadlines. All applicable indemnification provisions o Agreement shall remain in effect following the termination of this Agreement. 6. Commission's Contract Administ . r. The Comr ion hereby designates the Commission's Executive Director, or his her -signee, to act as its Contract Administrator for the performance of this ement ("Commission's Contract Administrator"). Commission's Contrac ' s inistrshall have the authority to act on behalf of the Commission for all purposeement. Commission's Contract Administrator shall also review and give a • o , - eded, to the details of Consultant's work as it progresses. Consult- .II n. ccept direction or orders from any person other than the Commission's trac dmi trator or his or her designee. 7. Consultant's ' -en a . Consultant hereby designates Christopher Mwalwanda, to act ' e. entative for the performance of this Agreement ("Consultant's Repr tative Co Itant's Representative shall have full authority to act on behalf of Con . nt for - purposes under this Agreement. The Consultant's Representative shall -rvise d direct the Services, using his or her professional skill and attention, and shall . - - . nsible for all means, methods, techniques, sequences and procedures and for the sat actory 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 17336.00603\32414498.1 3 120 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 ap• ovals shall be maintained throughout the term of this Agreement. Consultant sha erform, at its own cost and expense and without reimbursement from the Commi• any services necessary to correct errors or omissions which are caused by the • sultfailure to comply with the standard of care provided for herein, and shall be f esponsib . • the Commission for all damages and other liabilities provided for i e i emnific. •n provisions of this Agreement arising from the Consultant's er omissions. Any employee of Consultant or its sub -consultants who is de ined by the Commission to be uncooperative, incompetent, a threat to t - - • uate imely completion of the Project, a threat to the safety of persons or property, a • • to e who fails or refuses to perform the Services in a manner acceptab - to the ► mis •n, shall be promptly removed from the Project by the Consultant a of • e-employed to perform any of the Services or to work on the Project. 10. Indepen under its supervisio performing the Se retains Consultant o representative of the different services for othe performing the Services un t C• ctor. The Services shall be performed by Consultant or ill determine the means, methods and details of e requirements of this Agreement. Commission ent contractor basis and not as an employee, agent or n. Consultant retains the right to perform similar or ring the term of this Agreement. Any additional personnel er 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 17336.00603\32414498.1 4 121 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 hall respond to Consultant's submittals in a timely manner. Upon request of Commi n's Contract Administrator, Consultant shall provide a more detailed schedule of an ' ted performance to meet the Schedule of Services. 11.1 Modification of the Schedu Commission, through correspondence or pr required Services within the scheduled time pe informed of all anticipated delays. In the that modification is necessary, Consultant sha for approval by Commission's Contract A 11.2 Trend ings Commission's Contract Ad Commission, on a bi-weekly standard day and ti discussions conce issues, and future and distribution of attendees no later than on Itant shregularly report to the ports, its progress in providing Commission shall be promptly ultant determines that a schedule it a revised Schedule of Services ant shall conduct trend meetings with the er interested parties, as requested by the or as may be mutually scheduled by the Parties at a d meetings will encompass focused and informal le, and current progress of Services, relevant cost es. Consultant shall be responsible for the preparation endas to be received by the Commission and other 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, 17336.00603\32414498.1 5 122 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 nimize delay in completion, and additional costs, resulting from any such extension. 13. Preliminary Review of Work. All repo , wo • g papers, and similar work products prepared for submission in the course of p ding Se -s under this Agreement shall be submitted to the Commission's Contr Ad inistrato draft form, and the Commission may require revisions of such dra rior ormal submission and approval. In the event plans and designs are to be develo s part of the Project, final detailed plans and designs shall be contingent u. •.tainin vironmental clearance as may be required in connection with State funds 'e nt that Commission's Contract Administrator, in his or her sole discretion, , - i e formally submitted work product to be not in accordance with t dari care established under this Agreement, Commission's Contract Admi► . rato av r: ire Consultant to revise and resubmit the work at no cost to the Com 14. A..e Consultant shall re Project or necessar required to, and will n questions of a legal natu rings. If and when required by the Commission, public hearings or other meetings related to the ance of the Services. However, Consultant shall not be y decision, interpretation or recommendation regarding ich 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 17336.00603\32414498.1 6 123 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 o this Agreement in order to finally resolve the claims. 16.4 Nothing contained in this Section .II • onstrued to in any way limit Consultant's indemnification obligations contained i► .ection 2the case of any conflict between this Section and Section 29, Section 29 .II govern. Th .ection is not intended to obligate the Commission to reimburse Cons t f• e spent by its personnel related to Contractor claims for which Consultant is ed to indemnify and defend the Commission pursuant to Section 29 of t 17. Final Acceptance. Upon .j►' . by the Commission that Consultant has satisfactorily completed the ' es ired under this Agreement and within the term set forth herein the Co' issi4 sha ;five Consultant a written Notice of Final Acceptance. Upon receip s - - ' - Consultant shall incur no further costs hereunder, unless otherwise s• -d in - otice of Final Acceptance. Consultant may request issuance of a _ Acceptance when, in its opinion, it has satisfactorily completed all Servi require n • e terms of this Agreement. In the event copyrights are permitted unde ''s Agree -nt, then in connection with State funding, it is hereby acknowledged and ag • tha e State agency shall have the royalty -free non-exclusive and irrevocable right to ce, publish, or otherwise use, and to authorize others to use, the work for governm al 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 17336.00603\32414498.1 7 124 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 Servi -s. Consultant shall not be reimbursed for actual costs that exceed the estimated w - rates, employee benefits, travel, equipment rental, overhead, and other estimate- is set forth in the approved Consultant cost proposal attached hereto as Exhi. `B' . incorporated herein by reference, or any cost proposal included as part of ask Or• "Cost Proposal") unless additional reimbursement is provided for by en endme . The overhead rates included in the attached Exhibit "B" shall be fixe th rm of the Master Agreement, and shall not be subject to adjustment, unless require he applicable funding source. In In no event, shall Consultant be reimbur •r ove d costs at a rate that exceeds Commission's approved overhead rate - . th ost Proposal. In the event that Commission determines that a change t. - •e , es from that specified in the Cost Proposal, this Agreement or a - Or. is required, the Agreement time or actual costs reimbursable by Co r issio shal •e adjusted by written amendment to accommodate the changed . T► total cost as specified in Section 19.8 shall not be exceeded, unless - tho . by a written amendment. 19.2 Consultant a fixed nonadjustable for each of Services, and such a allowable incurred costs, Commission shall pay rth in each Task Order ("Fixed Fee"). The Fixed Fee is r, except in the event of a significant change in the Scope nt 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 17336.00603\32414498.1 8 125 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 pro permit upon receipt by Commission's Contract Admini triplicate. Invoices shall be submitted no later than 45 cal of work for which Consultant is billing. Invoices shall milestone and each project as applicable. Invoices approved Cost Proposal and shall reference this invoice must contain the final cost and all credit purchased under the Equipment Purchase provis should be submitted within 60 calend Invoices shall be mailed to Commission Riverside County Attention: Acco P.O. 12008 Riverside, CA tly as fiscal procedures will or of itemized invoices in r days after the performance work performed on each follow format stipulated for the ent num and project title. Final mission including any equipment of this Agreement. The final invoice ompletion of Consultant's work. istrator at the following address: Commission 19.8 a tots o payable by Commission, including the Fixed Fee, shall not exceed th- ount se .rth in each Task Order. 19.9 Sa . eases shall be reimbursable if the new salary is within the salary range identified in t 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- 17336.00603\32414498.1 9 126 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 ask Order that exceeds the NTE Sum. 20. Disputes. 20.1 Any dispute, other than a under this Agreement that is not disposed of by decided by a committee consisting of R written or verbal information submitted b 20.2 Not later t Agreement, Consultant may unresolved claims or dispute writing. 20.3 committee will excu terms of this Agreeme 21. Termination. erning a question of fact arising agreement of the Parties shall be Cont . Administrator, who may consider fter completion of all Services under this the Commission's Executive Director of The request for review will be submitted in pency of a dispute, nor its consideration by the from full and timely performance in accordance with the 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 17336.00603\32414498.1 10 127 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 otherwise provided herein, and deliver to the Commission all Documents and Data, a fined in this Agreement, as may have been prepared or accumulated by Consulta erformance of the Services, whether completed or in progress. 21.5 In addition to the above, C for any reasonable additional costs incurred by Commission has compensated Consultant Commission has determined in its sole complete the Project because it did no Agreement. Termination of this Agree Commission in determining whe ent shall be ble to the Commission ssion to revise work for which the this Agreement, but which the tion n - . to be revised, in part or whole, to and of care established in this se may be considered by the to future agreements with Consultant. 21.6 The rig an • - .f the Parties provided in this Section are in addition to any other rights an. -dies • •vided by law or under this Agreement. 21.7 waived any and all termination of this Ag cuting this Agreement, shall be deemed to have ages which may otherwise arise from the Commission's convenience or cause, as provided in this Section. 21.8 Cons • . nt 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, 17336.00603\32414498.1 11 128 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 mak- such materials available at their respective offices at all reasonable times during the -ement period and for three years from the date of final payment under this Agre .t. The State, State Auditor, Commission, FHWA, or any duly authorized repre to of the State or Federal Government shall have access to any books, rec , and do 'gents of Consultant and it's certified public accountants (CPA) work pap at e pertine o this Agreement and indirect cost rates (ICR) for audit, examinatio x s, and transactions, and copies thereof shall be furnished if requested. Subcontra excess of $25,000 shall contain this provision. 23.1 Accounting and maintain an accounting sys expenditures by line item for subcontractors shall confor the determination of incurred c reimbursement paym System. � ' " - d its subcontractors shall establish d re :s that properly accumulate and segregate accounting system of Consultant and its ted Accounting Principles (GAAP), enable interim points of completion, and provide support for invoices. 24.1 An e concerning a question of fact arising under an interim or post audit of this Agreeme 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 17336.00603\32414498.1 12 129 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 Comm' sion. 25.4 Any subcontract in excess of $25, ntered into as a result of this Agreement shall contain all the provisions stipulated i is - -ement to be applicable to subconsultants. 25.5 Any substitution of subc Ita must be approved in writing by Commission's Contract Administrator prior to th of work by the subconsultant(s). 25.6 Exhibit "B" may set bill the Consultant for Services and that a to Consultant. Additional Direct the Consultant and all subcon Order. The subconsultant r accounting purposes only. 26. which each subconsultant shall eimbursement by the Commission ed in Exhibit "B" shall be the same for both therwise identified in Exhibit "B" or in a Task cost proposals contained herein are for 26.1 Pr .' , ization, in writing, by Commission's Contract Administrator shall be required before sultant 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 17336.00603\32414498.1 13 130 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 com Prevailing Wage Rate requirements in accorda 1770, and all Federal, State, and local laws a (b) Any subcontr, entere more than $25,000 for public works con demolition, repair, or maintenance of publi Section. (c) Scope of Services, transpor minimum rates set by applicable Prevailin th the of California's General with Califor Labor Code, Section es applicable to the Services. as a result of this Agreement, if for than $15,000 for the alteration, contain all of the provisions of this es apply to the Services described in the n. istence costs shall be reimbursed at the ent of Industrial Relations (DIR) as outlined in the tion. See http://www.dir.ca.gov. of the prevailing rate of per diem wages in effect at commencement of this -e► t are on file at the Commission's offices. Consultant shall make copies of the prevai ates 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 17336.00603\32414498.1 14 131 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 prov. ions of the California Labor Code, unless Consultant or the Services are not subject t�e Eight -Hour Law. 27.4 Employment of Apprentices. ThVAg ent shall not prevent the employment of properly indentured apprentices i cordanc 'th the California Labor Code, and no employer or labor union shall refu acc t othe e qualified employees as indentured apprentices on the work perform er der solely on the ground of race, creed, national origin, ancestry, color or sex. Eve alified apprentice shall be paid the standard wage paid to apprentices under ` -. ulati of the craft or trade in which he or she is employed and shall be employed 'IUD ' - c t or trade to which he or she is registered. If California Labor Cod subcontractor hereunder wh apply to the joint apprenticeshi approving Consultant Upon issuance of number of apprenti the apprenticeship pro pplies to the Services, Consultant and any in any apprenticeable craft or trade shall cil administering applicable standards for a certificate ultant for the employment and training of apprentices. sultant and any sub -consultant shall employ the r therein, as well as contribute to the fund to administer ch craft or trade in the area of the work hereunder. The parties expres 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"). 17336.00603\32414498.1 15 132 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, Co ► ssion shall have and retain all right, title and interest (including copyright, patent, trade and other proprietary rights) in all plans, specifications, studies, drawings, e ates, '.terials, data, computer programs or software and source code, enhance s, docum and any and all works of authorship fixed in any tangible medium o pre n, inclining but not limited to, physical drawings or other data magnetically o Ise recorded on computer media ("Intellectual Property") prepared or developed b on behalf of Consultant under this Agreement as well as any other such Int .I Pro prepared or developed by or on behalf of Consultant under this Agreeme The Com Intellectual Property develop wholly or in part by Commissi and whether or not dev- -•ed assignments of any request of Commi ve and retain all right, title and interest in er this Agreement whether or not paid for t developed in conjunction with Consultant, onsultant. Consultant will execute separate written the above referenced Intellectual Property upon C. Ita► hall also be responsible to obtain in writing separate written assignments from . ubcontractors 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 17336.00603\32414498.1 16 133 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 rvices or the Project in any magazine, trade paper, newspaper, television or radio pro tion or other similar medium without the prior written consent of Commission. 28.4 Infringement Indemnification hold the Commission, its directors, officials, offic and harmless, pursuant to the indemnification p infringement of any patent, copyright, trade secr proprietary right of any person or entit . nseq Commission of the Documents & Data, in specified or depicted. 29. Indemnificati defend (with counsel of Com and their directors, offici and harmless from an loss, damage or inj any manner arisin misconduct of Consu contractors arising out of or this Agreement, includin nsultant1defend, indemnify and yees, vo nteers and agents free of this Agreement, for any alleged ade name, trademark, or any other ce of the use on the Project by od, process, product, or concept extent permitted by law, Consultant shall , indemnify and hold Commission, Caltrans employees, consultants, volunteers, and agents free demands, causes of action, costs, expenses, liability, , to property or persons, including wrongful death, in cident to alleged negligent acts, omissions, or willful fficials, officers, employees, agents, consultants, and onnection with the performance of the Services, the Project 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. 17336.00603\32414498.1 17 134 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 shal Agreement until it has provided evidence satisfactory to t all insurance required under this Section, in a foran acceptable to the Commission. In addition, Consul shall commence work on any subcontract until it has - ured all Section. 30.2 Minimum Require maintain for the duration of the Agreeme or damages to property which may arise fr Agreement by the Consultant, it Consultant shall also require insurance for the duration following minimum levels of commence work under this mmission that it has secured ith insurance companies no ow any subcontractor to insure required under this Cons. -nt shall, at its expense, procure and nst claims for injuries to persons ection with the performance of the sentatives, employees or subcontractors. ractors to procure and maintain the same Such insurance shall meet at least the cope of Insurance. Coverage shall be at least as broad as the latest .ion of the .!lowing: (1) General Liability: Insurance Services Office Commercial General ility c• • rage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Ins ► q- ervices Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exac quivalent); 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 17336.00603\32414498.1 18 135 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, fora 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 ► . n $2,000,000 per claim. Notwithstanding the foregoing, the Commission may con r written requests to lower or dispense with the errors and omissions liability insura' -quirement contained in this Section for certain subconsultants of Consultant, on . ase- case basis, depending on the nature and scope of the Services to be provi► . by the s onsultant. Approval of such request shall be in writing, signed by the ' . mi ion's Co ract Administrator. 30.4 Aircraft Liability Insuran use of aircraft, Consultant shall proc maintained, aircraft liability insurance o required by the Commission. Such insura non -owned aircraft and pass Commission, Caltrans and additional insureds with res the Consultant. 30.5 following provision Commission to add t •Ilow' • provisions to the insurance policies: ce. o conducting any Services requiring n, or cause to be procured and , with a single limit as shall be a ude coverage for owned, hired and all name, or be endorsed to name, the cials, officers, employees and agents as or operations performed by or on behalf of n • . ements. The insurance policies shall contain the t shall provide endorsements on forms approved by the (a) . eneral 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. 17336.00603\32414498.1 19 136 (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 respect their directors, officials, officers, employees and agen unbroken chain of coverage excess of the Consultan Any insurance or self-insurance maintained by directors, officials, officers, employees and a insurance and shall not be called upon to cont (c) Workers' Co ► - i satiori (i) Consult of Section 3700 of the California Cod against liability for workers' co - - nsa n or the provisions of that co commencing work under this ent. against the Comm! paid under the terms Consultant. set forth hereunder. Commission, Caltrans and if excess, shall stand in an sc led underlying coverage. Comm n, Caltrans and their I be ex s of the Consultant's it in any way. Employers Liability Coverage. at he/she is aware of the provisions ich requires every employer to be insured ndertake self-insurance in accordance with II comply with such provisions before nsurer shall agree to waive all rights of subrogation ors, officials, officers, employees and agents for losses rance policy which arise from work performed by the (d) All Coverages. (i) Defense costs shall be payable in addition to the limits (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 17336.00603\32414498.1 20 137 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 r-quired by this Agreement, except that the Consultant shall provide at least ten (1 ays prior written notice of cancellation of any such policy due to non-payment of ium. If any of the required coverage is cancelled or expires during the term of t . Ag . ent, the Consultant shall deliver renewal certificate(s) including the General ility Addi .I Insured Endorsement to the Commission at least ten (10) days prio the effective .te of cancellation or expiration. (v) The r later than the effective date of this Agree continuously for a period of at least three Agreement. Consultant shall p retroactive date is advanced cancelled or not renewed; or a retroactive date subsea uent insurance coverage the Commission, is no and obligations otherwis but not limited to, the provi (if any) of each policy is to be no nt shall maintain such coverage completion of the work under this 1) year extended reporting period A) if the date of this Agreement; B) if the policy is placed by another claims -made policy with effective date of this Agreement. oregoing requirements as to the types and limits of ed by Consultant, and any approval of said insurance by and shall not in any manner limit or qualify the liabilities ed by the Consultant pursuant to this Agreement, including ns 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. 17336.00603\32414498.1 21 138 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 s .II furnish Commission with original certificates of insurance and endorsements effe • coverage required by this Agreement on forms satisfactory to the Commission. T--rtificates and endorsements for each insurance policy shall be signed by a pers• : uthed by that insurer to bind coverage on its behalf. All certificates and endors- -nts mus received and approved by the Commission before work commences. e C•mmissi• reserves the right to require complete, certified copies of all require. 'su e policies, at any time. 30.9 Subconsultant Ins e Re• ents. Consultant shall not allow any subcontractors or subconsultants to • - e k on any subcontract until they have provided evidence satisfactory to • sion that they have secured all insurance required under this S Po l s of commercial general liability insurance provided by such subcontr. - . s o . ubc• . ultants shall be endorsed to name the Commission as an additiona ur- i form CG 20 38 04 13 or an endorsement providing the exact same cov- -. If requested by Consultant, the Commission may approve different scolimits of insurance for particular subcontractors or subconsultants. 30.10 nce. At its option, the Commission may require such additional coverage(s), li d/or the reduction of deductibles or retentions it considers reasonable and prudent ba -d 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, 17336.00603\32414498.1 22 139 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 • . rties. Notwithstanding the foregoing, the Commission's Executive Director may ma - change to the Agreement, other than a Cardinal Change. For purposes of this A. 'ent, a Cardinal Change is a change which is "outside the scope" of the Agreeme , of ords, work which should not be regarded as having been fairly and reas• . •ly withi - contemplation of the parties when the Agreement was entered intoexple of - hange which is not a Cardinal Change would be where, in a contra • ► struct a building there are many changes in the materials used, but the size and I. t of the building remains the same. Cardinal Changes are not within the a rovision to order, and shall be processed by the Commission as "sole so a ents according to applicable law, including the requirements of FTA rcula •.1 1, •aragraph 9(f). modification which is sig than a Cardinal Ch adjustment to the issuance of a Chan agreements of the pa Modification"). to the changes authorized above, a by • " . ultant and the Commission's Executive Director, other ade in order to: (1) make a negotiated equitable e, . livery schedule and other terms resulting from the reflect definitive letter contracts, and (3) reflect other fying the terms of this Agreement ("Bilateral Contract (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 17336.00603\32414498.1 23 140 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 confl'ct with the performance of services under this Agreement. (c) Any subcontract in excess „2 '0 entered into as a result of this Agreement, shall contain all of the provisions (d) Consultant hereby affiliated with Consultant will bid on any construc construction inspection for any constructi. • . roject firm is one, which is subject to the contro otherwise. (e) Ex providing surveying or mate design services in connection contract, or on any co resulting from this c is Artic t neither onsultant, nor any firm tract, or on any contract to provide Iting from this contract. An affiliated ons through joint -ownership, or sultants whose services are limited to tion, no subconsultant who has provided is co ct shall be eligible to bid on any construction e construction inspection for any construction project 33.3 miss' Conflict of Interest. For the term of this Agreement, no member, officer or empl. - he Commission, during the term of his or her service with the Commission, shall hav- : ny 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 17336.00603\32414498.1 24 141 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 t - value of the work actually performed; or to deduct from the Agreement price; or othee recover the full amount of such rebate, kickback or other unlawful consideration. 33.7 Covenant A•ainst Ex•endit of Conn ion State or Federal Funds for Lobbying. The Consultant certifies tr to th- best o / her knowledge and belief no state, federal or local agency appropr . -d f .s have been paid, or will be paid by or on behalf of the Consultant to any person for urpose of influencing or attempting to influence an officer or employee of a - e or feal agency; a Member of the State Legislature or United States Congress; - o -mployee of the Legislature or Congress; or any employee of a Member o -gi ure or Congress, in connection with the award of any state or feder. . act, • . nt, loan, or cooperative agreement, or the extension, continuation, rend .I, a ndm: or modification of any state or federal contract, grant, loan, or coo Ily omitted. onsultant's certification provided in this Section is a material representatio fact on which reliance was placed when this Agreement was entered into, and is a p . ite for entering into this Agreement pursuant to Section 1352, Title 31, US. Code. ilure 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. 17336.00603\32414498.1 25 142 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 in good faith to resolve any dispute arising between not excuse Consultant from full and timely perfo 37.2. If the Parties are unable to r faith to do so, the Parties may seek any either Party commences an action agai otherwise, arising out of or in connection litigation shall be entitled to have fees and, all other costs of su 38. Time of Esse this Agreement. 39. H headings contained i the construction or inte e m. The nce of the r, the Parties shall attempt dency of a dispute shall ices. a dispute after attempting in good remedy to resolve the dispute. If y, either legal, administrative or ment, the prevailing Party in such om the losing Party reasonable attorneys' he essence for each and every provision of an. Section Headings, paragraph captions or marginal ent are for convenience only and shall have no effect in 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 17336.00603\32414498.1 26 143 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 supers -des all prior negotiations, agreements or understandings. 44. Invalidity; Severability. If any portion of s -ement is declared invalid, illegal, or otherwise unenforceable by a court ofpetent sdiction, the remaining provisions shall continue in full force and effect. 45. Intentionally Omitted. 46. Survival. All rights and nder that by their nature are to continue after any expiration or terminatio -ment, including, but not limited to, the indemnification and confideobl ons, shall survive any such expiration or termination. 47. No Third P ne es. There are no intended third party beneficiaries of any ri• ► •li n assumed by the Parties. 48. La. Certifica n. 'y its signature hereunder, Consultant certifies that it is aware of the provis of Se• •n 3700 of the California Labor Code which require every employer to be insure • . i lability for Workers' Compensation or to undertake self- insurance in accordance he 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 17336.00603\32414498.1 27 144 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 . closed and provided that Consultant first comply with the requirements set forth i► is paragraph. As soon as practicable after Consultant becomes aware that it is re• or may become required, to disclose the Confidential Communication for such .so , onsultant shall notify the Commission in writing, in order to allow the Commi .n to purs -gal remedies designed to limit the Confidential Communication req d to .e disclosed or to assure the confidential treatment of the disclosed informati. .II. g its disclosure. Consultant shall cooperate with the Commission, on a reimburse. .asis, to assist the Commission in limiting the scope of disclosure or ass .e co -ntial treatment of any disclosed information. 51. court order related to this immediately provide written Consultant shall not re Commission is provi responding to the 52. Assi transfer, either directly or the prior written consent of Should Consultant receive a subpoena or ervices or the Project, Consultant shall poena or court order to the Commission. y such subpoena or court order until notice to the erein, and shall cooperate with the Commission in rder. ransfer. Consultant shall not assign, hypothecate, or ration of law, this Agreement or any interest herein, without e 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 17336.00603\32414498.1 28 145 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] 17336.00603\32414498.1 29 146 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 CDM SMITH TRANSPORTATION COMMISSION B By: Signature Anne Mayer, Executive Director Approved as to For By: Best, Best & Kriege General Counsel me Title cliiiiiiiiir 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. 17336.00603\32414498.1 30 147 EXHIBIT "A" SCOPE OF SERVICES [ATTACHED BEHIND THIS PAGE] Exhibit A 17336.00603\32414498.1 148 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 sort for the toll program. 2. DESCRIPTION OF WORK Consultant tasks may include, but not be limite , the follotypical tasks. Specific requirements will be set forth in each task for e rder: 2.1. Project Management The Consultant will support the Commiss dir'1�tion and supervision of project staff to facilitate the performance in ac •rdanc his ope of work and RCTC requirements. The Project management • is include but not be limited to, the coordination/preparation/d. ' n of p ct meetings, development/maintenance of a project schedule, prepara invoicing, maintenance of project records, development/adminis of - ality control plan and coordination of submittals and final deliverables. 2.2. Traffic and Re The Consultant shall sup 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. EXHIBIT A - 1 149 • 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 Consult iv ovide technical support as it relates to reviewing traffic and revenue activities and ' 'cument part of a given task order, the Consultant may review or develop studies rel- : to simulatio vel modeling, financial analysis, operational analysis, and planning s adjustments of tolled facilities, corridors, or sy requests from Commissioners as it rela ' • an evaluated. Under this task, the Consulta • Review and verify tra agencies; • Conduct data comp • Conduct land u • Conduct St • Toll opt adjustment techniques to upport pricing policies and design In addition, various questions and ex! • or future toll policy may need to be he following activities: Studies from other Consultants or other ection, and analysis; -economic research; rveys; through analysis of pricing strategies, toll rate to simulation analysis, and other financial modeling optimal toll solutions, based on revenue or throughput; • Evaluate the traf 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; EXHIBIT A - 2 150 • 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 property of Commission. All such materials shall be returned to Commission upon cor etion of services, termination of the agreement, or other such time as Commission ma e e. 2.5. Personnel Qualifications and Responsibilitie The quantity and qualifications of personnel to of the Task Order request and the degrof difficu All personnel and personnel assignment 2.6. Third Party Relationships This Contract is intended Commission projects, faciliti professional offerors The Commission, contractual matt Commission and sh issues, and all related hed will be determined by the scope f the required tasks to be performed. to approval by Commission. traffic and revenue consulting services for pu •. s. The Commission works closely with various others in the development of its projects and facilities. sponsible for and will be the sole point of contact for all the Task Orders. Offeror shall take direction only from nform only Commission of Task Order progress, outstanding 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. EXHIBIT A - 3 151 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. Upo a request for a Task Order Proposal by the designated Commission project manager .nsultant shall develop a plan and submit a task order proposal for the requested serv'' The Task Order shall include a time schedule, number of labor hours, and labor cl. icati. ) to provide the requested services. 3.3. Review and Award of Task Orders The Commission's designated project :er wi 'view the submitted Task Order (to ensure that the submittal is complete, con . - e ommission's written or oral request for services, the personnel assign-. are a. - ► ..le, - schedule is acceptable, that all costs proposed are appropriate, an. - - ite . in compliance with contractual requirements. The project manager will a : the ' k Or. if it is determined to be fair and reasonable. If required, the Commission's . e' . . - ill conduct negotiations to address exceptions and clarify costs. The - e . Task Order will serve as the record of negotiations. 3.4. Completion The Consultant's pe . n .f services shall commence under each Task Order only upon written authorization by ommission's designated project manager. Consultant shall complete the services within the time frame specified on a particular Task Order. EXHIBIT A - 4 152 EXHIBIT "B" COMPENSATION AND PAYMENT [ATTACHED BEHIND THIS PAGE] Exhibit B 17336.00603\32414498.1 153 EXHIBIT "B" COMPENSATION SUMMARY 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 SUBTOTAL 3,900,000.00 TOAL COSTS $ 3,900,000.00 1 Commission authorization pertains to total contract award amount. Compensa adjustment ween consultants may occur; however, the maximum total compensation authorized may not be exceeded. EXHIB B-1 ATTACHMENT 3 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 TRANSPORT ION COMMISSION ("the Commission") and STANTEC CONSULTING SERV S, INC. ("Consultant"), a Corporation. The Commission and Consultant are som eferred to herein individually as "Party", and collectively as the "Parties". Recitals. A. On November 8, 1988 the Voters o authorizing the collection of a one-half p: 1/2 "tax") to fund transportation programs an and adopting the Riverside Count B. Pursuant to Pu authorized to allocate the pr C. On Nov of the Measure A transportation and i rside County approved Measure A tail transactions and use tax (the s within the County of Riverside, rovement Plan (the "Plan"). ctions 240000 et seq., the Commission is in furtherance of the Plan. e voters of Riverside County approved an extension dit . al thirty (30) years for the continued funding of within the County of Riverside. D. Consultant . -s to perform and assume responsibility for the provision of certain on -call traffic and re -nue 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). 17336.00603\32414498.1 155 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 Proceed" or "Limited Notice to Proceed" from Co Purchase Order for authorized Task Order Serv. 3. Pre -Award Audit. As a result of the Caltrans procedures apply in connection -with be contingent upon completion and appr during the pre -award audit shall be resolve of this Agreement. 4. Audit Proced proposals and ICR, are subjec audit, an incurred cos work paper review proposal and ICR compliance with 48 C of a CPA ICR audit wor state, or local governmen n -ipt of a written "Notice to ission, - following issuance of a g for this Project, and to the extent nce of a "Notice to Proceed" may and audit. Any questions raised ommission will consider approval d subconsultant contracts, including cost dits or eviews such as, but not limited to, a contract endent Cost Review (ICR) Audit, or a CPA ICR audit dit or review, this Agreement, Consultant's cost ork papers, if applicable, will be reviewed to verify and other related laws and regulations. In the instances review it is Consultant's responsibility to ensure federal, fficials 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. 17336.00603\32414498.1 2 156 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 hall complete the Services within the term of this Agreement, and shall meet any of established schedules and deadlines. All applicable indemnification provisions o Agreement shall remain in effect following the termination of this Agreement. 6. Commission's Contract Administ . r. The Comr ion hereby designates the Commission's Executive Director, or his her -signee, to act as its Contract Administrator for the performance of this ement ("Commission's Contract Administrator"). Commission's Contrac ' s inistrshall have the authority to act on behalf of the Commission for all purposeement. Commission's Contract Administrator shall also review and give a • o , - eded, to the details of Consultant's work as it progresses. Consult- .II n. ccept direction or orders from any person other than the Commission's trac dmi trator or his or her designee. 7. Consultant's ' -enta v - Consultant hereby designates Sheldon Mar, to act as its Repres- - • e performance of this Agreement ("Consultant's Representative"). ultan ' e • entative shall have full authority to act on behalf of Consultant for all p► .ses und: this Agreement. The Consultant's Representative shall supervise and direct t' ervic: , using his or her professional skill and attention, and shall be responsible for all me. -thods, techniques, sequences and procedures and for the satisfactory coordination o 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 17336.00603\32414498.1 3 157 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 ap• ovals shall be maintained throughout the term of this Agreement. Consultant sha erform, at its own cost and expense and without reimbursement from the Commi• any services necessary to correct errors or omissions which are caused by the • sultfailure to comply with the standard of care provided for herein, and shall be f esponsib . • the Commission for all damages and other liabilities provided for i e i emnific. •n provisions of this Agreement arising from the Consultant's er omissions. Any employee of Consultant or its sub -consultants who is de ined by the Commission to be uncooperative, incompetent, a threat to t - - • uate imely completion of the Project, a threat to the safety of persons or property, a • • to e who fails or refuses to perform the Services in a manner acceptab - to the ► mis •n, shall be promptly removed from the Project by the Consultant a of • e-employed to perform any of the Services or to work on the Project. 10. Indepen under its supervisio performing the Se retains Consultant o representative of the different services for othe performing the Services un t C• ctor. The Services shall be performed by Consultant or ill determine the means, methods and details of e requirements of this Agreement. Commission ent contractor basis and not as an employee, agent or n. Consultant retains the right to perform similar or ring the term of this Agreement. Any additional personnel er 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 17336.00603\32414498.1 4 158 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 hall respond to Consultant's submittals in a timely manner. Upon request of Commi n's Contract Administrator, Consultant shall provide a more detailed schedule of an ' ted performance to meet the Schedule of Services. 11.1 Modification of the Schedu Commission, through correspondence or pr required Services within the scheduled time pe informed of all anticipated delays. In the that modification is necessary, Consultant sha for approval by Commission's Contract A 11.2 Trend ings Commission's Contract Ad Commission, on a bi-weekly standard day and ti discussions conce issues, and future and distribution of attendees no later than on Itant shregularly report to the ports, its progress in providing Commission shall be promptly ultant determines that a schedule it a revised Schedule of Services ant shall conduct trend meetings with the er interested parties, as requested by the or as may be mutually scheduled by the Parties at a d meetings will encompass focused and informal le, and current progress of Services, relevant cost es. Consultant shall be responsible for the preparation endas to be received by the Commission and other 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, 17336.00603\32414498.1 5 159 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 nimize delay in completion, and additional costs, resulting from any such extension. 13. Preliminary Review of Work. All repo , wo • g papers, and similar work products prepared for submission in the course of p ding Se -s under this Agreement shall be submitted to the Commission's Contr Ad inistrato draft form, and the Commission may require revisions of such dra rior ormal submission and approval. In the event plans and designs are to be develo s part of the Project, final detailed plans and designs shall be contingent u. •.tainin vironmental clearance as may be required in connection with State funds 'e nt that Commission's Contract Administrator, in his or her sole discretion, , - i e formally submitted work product to be not in accordance with t dari care established under this Agreement, Commission's Contract Admi► . rato av r: ire Consultant to revise and resubmit the work at no cost to the Com 14. A..e Consultant shall re Project or necessar required to, and will n questions of a legal natu rings. If and when required by the Commission, public hearings or other meetings related to the ance of the Services. However, Consultant shall not be y decision, interpretation or recommendation regarding ich 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 17336.00603\32414498.1 6 160 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 o this Agreement in order to finally resolve the claims. 16.4 Nothing contained in this Section .II • onstrued to in any way limit Consultant's indemnification obligations contained i► .ection 2the case of any conflict between this Section and Section 29, Section 29 .II govern. Th .ection is not intended to obligate the Commission to reimburse Cons t f• e spent by its personnel related to Contractor claims for which Consultant is ed to indemnify and defend the Commission pursuant to Section 29 of t 17. Final Acceptance. Upon .j►' . by the Commission that Consultant has satisfactorily completed the ' es ired under this Agreement and within the term set forth herein the Co' issi4 sha ;five Consultant a written Notice of Final Acceptance. Upon receip s - - ' - Consultant shall incur no further costs hereunder, unless otherwise s• -d in - otice of Final Acceptance. Consultant may request issuance of a _ Acceptance when, in its opinion, it has satisfactorily completed all Servi require n • e terms of this Agreement. In the event copyrights are permitted unde ''s Agree -nt, then in connection with State funding, it is hereby acknowledged and ag • tha e State agency shall have the royalty -free non-exclusive and irrevocable right to ce, publish, or otherwise use, and to authorize others to use, the work for governm al 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 17336.00603\32414498.1 7 161 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 Servi -s. Consultant shall not be reimbursed for actual costs that exceed the estimated w - rates, employee benefits, travel, equipment rental, overhead, and other estimate- is set forth in the approved Consultant cost proposal attached hereto as Exhi. `B' . incorporated herein by reference, or any cost proposal included as part of ask Or• "Cost Proposal") unless additional reimbursement is provided for by en endme . The overhead rates included in the attached Exhibit "B" shall be fixe th rm of the Master Agreement, and shall not be subject to adjustment, unless require he applicable funding source. In In no event, shall Consultant be reimbur •r ove d costs at a rate that exceeds Commission's approved overhead rate - . th ost Proposal. In the event that Commission determines that a change t. - •e , es from that specified in the Cost Proposal, this Agreement or a - Or. is required, the Agreement time or actual costs reimbursable by Co r issio shal •e adjusted by written amendment to accommodate the changed . T► total cost as specified in Section 19.8 shall not be exceeded, unless - tho . by a written amendment. 19.2 Consultant a fixed nonadjustable for each of Services, and such a allowable incurred costs, Commission shall pay rth in each Task Order ("Fixed Fee"). The Fixed Fee is r, except in the event of a significant change in the Scope nt 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 17336.00603\32414498.1 8 162 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 pro permit upon receipt by Commission's Contract Admini triplicate. Invoices shall be submitted no later than 45 cal of work for which Consultant is billing. Invoices shall milestone and each project as applicable. Invoices approved Cost Proposal and shall reference this invoice must contain the final cost and all credit purchased under the Equipment Purchase provis should be submitted within 60 calend Invoices shall be mailed to Commission Riverside County Attention: Acco P.O. 12008 Riverside, CA tly as fiscal procedures will or of itemized invoices in r days after the performance work performed on each follow format stipulated for the ent num and project title. Final mission including any equipment of this Agreement. The final invoice ompletion of Consultant's work. istrator at the following address: Commission 19.8 a tots o payable by Commission, including the Fixed Fee, shall not exceed th- ount se .rth in each Task Order. 19.9 Sa . eases shall be reimbursable if the new salary is within the salary range identified in t , 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- 17336.00603\32414498.1 9 163 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 Taskder that exceeds the NTE Sum. 20. Disputes. 20.1 Any dispute, other than a under this Agreement that is not disposed of by decided by a committee consisting of R written or verbal information submitted b 20.2 Not later t Agreement, Consultant may unresolved claims or dispute writing. 20.3 committee will excu terms of this Agreeme 21. Termination. erning a question of fact arising agreement of the Parties shall be Cont . Administrator, who may consider fter completion of all Services under this the Commission's Executive Director of The request for review will be submitted in pency of a dispute, nor its consideration by the from full and timely performance in accordance with the 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 17336.00603\32414498.1 10 164 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 otherwise provided herein, and deliver to the Commission all Documents and Data, a fined in this Agreement, as may have been prepared or accumulated by Consulta erformance of the Services, whether completed or in progress. 21.5 In addition to the above, C for any reasonable additional costs incurred by Commission has compensated Consultant Commission has determined in its sole complete the Project because it did no Agreement. Termination of this Agree Commission in determining whe ent shall be ble to the Commission ssion to revise work for which the this Agreement, but which the tion n - . to be revised, in part or whole, to and of care established in this se may be considered by the to future agreements with Consultant. 21.6 The rig an • - .f the Parties provided in this Section are in addition to any other rights an. -dies • •vided by law or under this Agreement. 21.7 waived any and all termination of this Ag cuting this Agreement, shall be deemed to have ages which may otherwise arise from the Commission's convenience or cause, as provided in this Section. 21.8 Cons • . nt 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, 17336.00603\32414498.1 11 165 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 mak- such materials available at their respective offices at all reasonable times during the -ement period and for three years from the date of final payment under this Agre .t. The State, State Auditor, Commission, FHWA, or any duly authorized repre to of the State or Federal Government shall have access to any books, rec , and do 'gents of Consultant and it's certified public accountants (CPA) work pap at e pertine o this Agreement and indirect cost rates (ICR) for audit, examinatio x s, and transactions, and copies thereof shall be furnished if requested. Subcontra excess of $25,000 shall contain this provision. 23.1 Accounting and maintain an accounting sys expenditures by line item for subcontractors shall confor the determination of incurred c reimbursement paym System. � ' " - d its subcontractors shall establish d re :s that properly accumulate and segregate accounting system of Consultant and its ted Accounting Principles (GAAP), enable interim points of completion, and provide support for invoices. 24.1 An e concerning a question of fact arising under an interim or post audit of this Agreeme 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 17336.00603\32414498.1 12 166 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 Comm' sion. 25.4 Any subcontract in excess of $25, ntered into as a result of this Agreement shall contain all the provisions stipulated i is - -ement to be applicable to subconsultants. 25.5 Any substitution of subc Ita must be approved in writing by Commission's Contract Administrator prior to th of work by the subconsultant(s). 25.6 Exhibit "B" may set bill the Consultant for Services and that a to Consultant. Additional Direct the Consultant and all subcon Order. The subconsultant r accounting purposes only. 26. which each subconsultant shall eimbursement by the Commission ed in Exhibit "B" shall be the same for both therwise identified in Exhibit "B" or in a Task cost proposals contained herein are for 26.1 Pr .' , ization, in writing, by Commission's Contract Administrator shall be required before sultant 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 17336.00603\32414498.1 13 167 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 com Prevailing Wage Rate requirements in accorda 1770, and all Federal, State, and local laws a (b) Any subcontr, entere more than $25,000 for public works con demolition, repair, or maintenance of publi Section. (c) Scope of Services, transpor minimum rates set by applicable Prevailin th the of California's General with Califor Labor Code, Section es applicable to the Services. as a result of this Agreement, if for than $15,000 for the alteration, contain all of the provisions of this es apply to the Services described in the n. istence costs shall be reimbursed at the ent of Industrial Relations (DIR) as outlined in the tion. See http://www.dir.ca.gov. of the prevailing rate of per diem wages in effect at commencement of this -e► t are on file at the Commission's offices. Consultant shall make copies of the prevai ates 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 17336.00603\32414498.1 14 168 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 prov. ions of the California Labor Code, unless Consultant or the Services are not subject t�e Eight -Hour Law. 27.4 Employment of Apprentices. ThVAg ent shall not prevent the employment of properly indentured apprentices i cordanc 'th the California Labor Code, and no employer or labor union shall refu acc t othe e qualified employees as indentured apprentices on the work perform er der solely on the ground of race, creed, national origin, ancestry, color or sex. Eve alified apprentice shall be paid the standard wage paid to apprentices under ` -. ulati of the craft or trade in which he or she is employed and shall be employed 'IUD ' - c t or trade to which he or she is registered. If California Labor Cod subcontractor hereunder wh apply to the joint apprenticeshi approving Consultant Upon issuance of number of apprenti the apprenticeship pro pplies to the Services, Consultant and any in any apprenticeable craft or trade shall cil administering applicable standards for a certificate ultant for the employment and training of apprentices. sultant and any sub -consultant shall employ the r therein, as well as contribute to the fund to administer ch craft or trade in the area of the work hereunder. The parties expres 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"). 17336.00603\32414498.1 15 169 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, Co ► ssion shall have and retain all right, title and interest (including copyright, patent, trade and other proprietary rights) in all plans, specifications, studies, drawings, e ates, '.terials, data, computer programs or software and source code, enhance s, docum and any and all works of authorship fixed in any tangible medium o pre n, inclining but not limited to, physical drawings or other data magnetically o Ise recorded on computer media ("Intellectual Property") prepared or developed b on behalf of Consultant under this Agreement as well as any other such Int .I Pro prepared or developed by or on behalf of Consultant under this Agreeme The Com Intellectual Property develop wholly or in part by Commissi and whether or not dev- -•ed assignments of any request of Commi ve and retain all right, title and interest in er this Agreement whether or not paid for t developed in conjunction with Consultant, onsultant. Consultant will execute separate written the above referenced Intellectual Property upon C. Ita► hall also be responsible to obtain in writing separate written assignments from . ubcontractors 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 17336.00603\32414498.1 16 170 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 rvices or the Project in any magazine, trade paper, newspaper, television or radio pro tion or other similar medium without the prior written consent of Commission. 28.4 Infringement Indemnification hold the Commission, its directors, officials, offic and harmless, pursuant to the indemnification p infringement of any patent, copyright, trade secr proprietary right of any person or entit . nseq Commission of the Documents & Data, in specified or depicted. 29. Indemnificati defend (with counsel of Com and their directors, offici and harmless from an loss, damage or inj any manner arisin misconduct of Consu contractors arising out of or this Agreement, includin nsultant1defend, indemnify and yees, vo nteers and agents free of this Agreement, for any alleged ade name, trademark, or any other ce of the use on the Project by od, process, product, or concept extent permitted by law, Consultant shall , indemnify and hold Commission, Caltrans employees, consultants, volunteers, and agents free demands, causes of action, costs, expenses, liability, , to property or persons, including wrongful death, in cident to alleged negligent acts, omissions, or willful fficials, officers, employees, agents, consultants, and onnection with the performance of the Services, the Project 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. 17336.00603\32414498.1 17 171 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 shal Agreement until it has provided evidence satisfactory to t all insurance required under this Section, in a foran acceptable to the Commission. In addition, Consul shall commence work on any subcontract until it has - ured all Section. 30.2 Minimum Require maintain for the duration of the Agreeme or damages to property which may arise fr Agreement by the Consultant, it Consultant shall also require insurance for the duration following minimum levels of commence work under this mmission that it has secured ith insurance companies no ow any subcontractor to insure required under this Cons. -nt shall, at its expense, procure and nst claims for injuries to persons ection with the performance of the sentatives, employees or subcontractors. ractors to procure and maintain the same Such insurance shall meet at least the cope of Insurance. Coverage shall be at least as broad as the latest .ion of the .!lowing: (1) General Liability: Insurance Services Office Commercial General ility c• • rage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Ins ► q- ervices Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exac quivalent); 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 17336.00603\32414498.1 18 172 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, fora 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 ► . n $2,000,000 per claim. Notwithstanding the foregoing, the Commission may con r written requests to lower or dispense with the errors and omissions liability insura' -quirement contained in this Section for certain subconsultants of Consultant, on . ase- case basis, depending on the nature and scope of the Services to be provi► . by the s onsultant. Approval of such request shall be in writing, signed by the ' . mi ion's Co ract Administrator. 30.4 Aircraft Liability Insuran use of aircraft, Consultant shall proc maintained, aircraft liability insurance o required by the Commission. Such insura non -owned aircraft and pass Commission, Caltrans and additional insureds with res the Consultant. 30.5 following provision Commission to add t •Ilow' • provisions to the insurance policies: ce. o conducting any Services requiring n, or cause to be procured and , with a single limit as shall be a ude coverage for owned, hired and all name, or be endorsed to name, the cials, officers, employees and agents as or operations performed by or on behalf of n • . ements. The insurance policies shall contain the t shall provide endorsements on forms approved by the (a) . eneral 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. 17336.00603\32414498.1 19 173 (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 respect their directors, officials, officers, employees and agen unbroken chain of coverage excess of the Consultan Any insurance or self-insurance maintained by directors, officials, officers, employees and a insurance and shall not be called upon to cont (c) Workers' Co ► - i satiori (i) Consult of Section 3700 of the California Cod against liability for workers' co - - nsa n or the provisions of that co commencing work under this ent. against the Comm! paid under the terms Consultant. set forth hereunder. Commission, Caltrans and if excess, shall stand in an sc led underlying coverage. Comm n, Caltrans and their I be ex s of the Consultant's it in any way. Employers Liability Coverage. at he/she is aware of the provisions ich requires every employer to be insured ndertake self-insurance in accordance with II comply with such provisions before nsurer shall agree to waive all rights of subrogation ors, officials, officers, employees and agents for losses rance policy which arise from work performed by the (d) All Coverages. (i) Defense costs shall be payable in addition to the limits (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 17336.00603\32414498.1 20 174 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 r-quired by this Agreement, except that the Consultant shall provide at least ten (1 ays prior written notice of cancellation of any such policy due to non-payment of ium. If any of the required coverage is cancelled or expires during the term of t . Ag . ent, the Consultant shall deliver renewal certificate(s) including the General ility Addi .I Insured Endorsement to the Commission at least ten (10) days prio the effective .te of cancellation or expiration. (v) The r later than the effective date of this Agree continuously for a period of at least three Agreement. Consultant shall p retroactive date is advanced cancelled or not renewed; or a retroactive date subsea uent insurance coverage the Commission, is no and obligations otherwis but not limited to, the provi (if any) of each policy is to be no nt shall maintain such coverage completion of the work under this 1) year extended reporting period A) if the date of this Agreement; B) if the policy is placed by another claims -made policy with effective date of this Agreement. oregoing requirements as to the types and limits of ed by Consultant, and any approval of said insurance by and shall not in any manner limit or qualify the liabilities ed by the Consultant pursuant to this Agreement, including ns 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. 17336.00603\32414498.1 21 175 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 s .II furnish Commission with original certificates of insurance and endorsements effe • coverage required by this Agreement on forms satisfactory to the Commission. T--rtificates and endorsements for each insurance policy shall be signed by a pers• : uthed by that insurer to bind coverage on its behalf. All certificates and endors- -nts mus received and approved by the Commission before work commences. e C•mmissi• reserves the right to require complete, certified copies of all require. 'su e policies, at any time. 30.9 Subconsultant Ins e Re• ents. Consultant shall not allow any subcontractors or subconsultants to • - e k on any subcontract until they have provided evidence satisfactory to • sion that they have secured all insurance required under this S Po l s of commercial general liability insurance provided by such subcontr. - . s o . ubc• . ultants shall be endorsed to name the Commission as an additiona ur- i form CG 20 38 04 13 or an endorsement providing the exact same cov- -. If requested by Consultant, the Commission may approve different scolimits of insurance for particular subcontractors or subconsultants. 30.10 nce. At its option, the Commission may require such additional coverage(s), li d/or the reduction of deductibles or retentions it considers reasonable and prudent ba -d 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, 17336.00603\32414498.1 22 176 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 • . rties. Notwithstanding the foregoing, the Commission's Executive Director may ma - change to the Agreement, other than a Cardinal Change. For purposes of this A. 'ent, a Cardinal Change is a change which is "outside the scope" of the Agreeme , of ords, work which should not be regarded as having been fairly and reas• . •ly withi - contemplation of the parties when the Agreement was entered intoexple of - hange which is not a Cardinal Change would be where, in a contra • ► struct a building there are many changes in the materials used, but the size and I. t of the building remains the same. Cardinal Changes are not within the a rovision to order, and shall be processed by the Commission as "sole so a ents according to applicable law, including the requirements of FTA rcula •.1 1, •aragraph 9(f). modification which is sig than a Cardinal Ch adjustment to the issuance of a Chan agreements of the pa Modification"). to the changes authorized above, a by • " . ultant and the Commission's Executive Director, other ade in order to: (1) make a negotiated equitable e, . livery schedule and other terms resulting from the reflect definitive letter contracts, and (3) reflect other fying the terms of this Agreement ("Bilateral Contract (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 17336.00603\32414498.1 23 177 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 confl'ct with the performance of services under this Agreement. (c) Any subcontract in excess „2 '0 entered into as a result of this Agreement, shall contain all of the provisions (d) Consultant hereby affiliated with Consultant will bid on any construc construction inspection for any constructi. • . roject firm is one, which is subject to the contro otherwise. (e) Ex providing surveying or mate design services in connection contract, or on any co resulting from this c is Artic t neither onsultant, nor any firm tract, or on any contract to provide Iting from this contract. An affiliated ons through joint -ownership, or sultants whose services are limited to tion, no subconsultant who has provided is co ct shall be eligible to bid on any construction e construction inspection for any construction project 33.3 miss' Conflict of Interest. For the term of this Agreement, no member, officer or empl. - he Commission, during the term of his or her service with the Commission, shall hav- : ny 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 17336.00603\32414498.1 24 178 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 t - value of the work actually performed; or to deduct from the Agreement price; or othee recover the full amount of such rebate, kickback or other unlawful consideration. 33.7 Covenant A•ainst Ex•endit of Conn ion State or Federal Funds for Lobbying. The Consultant certifies tr to th- best o / her knowledge and belief no state, federal or local agency appropr . -d f .s have been paid, or will be paid by or on behalf of the Consultant to any person for urpose of influencing or attempting to influence an officer or employee of a - e or feal agency; a Member of the State Legislature or United States Congress; - o -mployee of the Legislature or Congress; or any employee of a Member o -gi ure or Congress, in connection with the award of any state or feder. . act, • . nt, loan, or cooperative agreement, or the extension, continuation, rend .I, a ndm: or modification of any state or federal contract, grant, loan, or coo Ily omitted. onsultant's certification provided in this Section is a material representatio fact on which reliance was placed when this Agreement was entered into, and is a p . ite for entering into this Agreement pursuant to Section 1352, Title 31, US. Code. ilure 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. 17336.00603\32414498.1 25 179 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 in good faith to resolve any dispute arising between not excuse Consultant from full and timely perfo 37.2. If the Parties are unable to r faith to do so, the Parties may seek any either Party commences an action agai otherwise, arising out of or in connection litigation shall be entitled to have fees and, all other costs of su 38. Time of Esse this Agreement. 39. H headings contained i the construction or inte e m. The nce of the r, the Parties shall attempt dency of a dispute shall ices. a dispute after attempting in good remedy to resolve the dispute. If y, either legal, administrative or ment, the prevailing Party in such om the losing Party reasonable attorneys' he essence for each and every provision of an. Section Headings, paragraph captions or marginal ent are for convenience only and shall have no effect in 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 17336.00603\32414498.1 26 180 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 supers -des all prior negotiations, agreements or understandings. 44. Invalidity; Severability. If any portion of s -ement is declared invalid, illegal, or otherwise unenforceable by a court ofpetent sdiction, the remaining provisions shall continue in full force and effect. 45. Intentionally Omitted. 46. Survival. All rights and nder that by their nature are to continue after any expiration or terminatio -ment, including, but not limited to, the indemnification and confideobl ons, shall survive any such expiration or termination. 47. No Third P ne es. There are no intended third party beneficiaries of any ri• ► •li n assumed by the Parties. 48. La. Certifica n. 'y its signature hereunder, Consultant certifies that it is aware of the provis of Se• •n 3700 of the California Labor Code which require every employer to be insure • . i lability for Workers' Compensation or to undertake self- insurance in accordance he 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 17336.00603\32414498.1 27 181 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 . closed and provided that Consultant first comply with the requirements set forth i► is paragraph. As soon as practicable after Consultant becomes aware that it is re• or may become required, to disclose the Confidential Communication for such .so , onsultant shall notify the Commission in writing, in order to allow the Commi .n to purs -gal remedies designed to limit the Confidential Communication req d to .e disclosed or to assure the confidential treatment of the disclosed informati. .II. g its disclosure. Consultant shall cooperate with the Commission, on a reimburse. .asis, to assist the Commission in limiting the scope of disclosure or ass .e co -ntial treatment of any disclosed information. 51. court order related to this immediately provide written Consultant shall not re Commission is provi responding to the 52. Assi transfer, either directly or the prior written consent of Should Consultant receive a subpoena or ervices or the Project, Consultant shall poena or court order to the Commission. y such subpoena or court order until notice to the erein, and shall cooperate with the Commission in rder. ransfer. Consultant shall not assign, hypothecate, or ration of law, this Agreement or any interest herein, without e 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 17336.00603\32414498.1 28 182 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] 17336.00603\32414498.1 29 183 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 STANTEC C LILTING SERVICES TRANSPORTATION COMMISSION INC. By. Anne Mayer, ve Director S' :ture <1111111111111r Title ATTEST: Approved as to For By: Best, Best & Kriege General Counsel 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. 17336.00603\32414498.1 30 184 EXHIBIT "A" SCOPE OF SERVICES [ATTACHED BEHIND THIS PAGE] Exhibit A 17336.00603\32414498.1 185 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 sort for the toll program. 2. DESCRIPTION OF WORK Consultant tasks may include, but not be limite , the follotypical tasks. Specific requirements will be set forth in each task for e rder: 2.1. Project Management The Consultant will support the Commiss dir'1�tion and supervision of project staff to facilitate the performance in ac •rdanc his ope of work and RCTC requirements. The Project management • is include but not be limited to, the coordination/preparation/d. ' n of p ct meetings, development/maintenance of a project schedule, prepara invoicing, maintenance of project records, development/adminis of - ality control plan and coordination of submittals and final deliverables. 2.2. Traffic and Re The Consultant shall sup 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. EXHIBIT A - 1 186 • 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 Consult iv ovide technical support as it relates to reviewing traffic and revenue activities and ' 'cument part of a given task order, the Consultant may review or develop studies rel- : to simulatio vel modeling, financial analysis, operational analysis, and planning s adjustments of tolled facilities, corridors, or sy requests from Commissioners as it rela ' • an evaluated. Under this task, the Consulta • Review and verify tra agencies; • Conduct data comp • Conduct land u • Conduct St • Toll opt adjustment techniques to upport pricing policies and design In addition, various questions and ex! • or future toll policy may need to be he following activities: Studies from other Consultants or other ection, and analysis; -economic research; rveys; through analysis of pricing strategies, toll rate to simulation analysis, and other financial modeling optimal toll solutions, based on revenue or throughput; • Evaluate the traf 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; EXHIBIT A - 2 187 • 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 property of Commission. All such materials shall be returned to Commission upon cor etion of services, termination of the agreement, or other such time as Commission ma e e. 2.5. Personnel Qualifications and Responsibilitie The quantity and qualifications of personnel to of the Task Order request and the degrof difficu All personnel and personnel assignment 2.6. Third Party Relationships This Contract is intended Commission projects, faciliti professional offerors The Commission, contractual matt Commission and sh issues, and all related hed will be determined by the scope f the required tasks to be performed. to approval by Commission. traffic and revenue consulting services for pu •. s. The Commission works closely with various others in the development of its projects and facilities. sponsible for and will be the sole point of contact for all the Task Orders. Offeror shall take direction only from nform only Commission of Task Order progress, outstanding 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. EXHIBIT A - 3 188 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. Upo a request for a Task Order Proposal by the designated Commission project manager .nsultant shall develop a plan and submit a task order proposal for the requested serv'' The Task Order shall include a time schedule, number of labor hours, and labor cl. icati. ) to provide the requested services. 3.3. Review and Award of Task Orders The Commission's designated project :er wi 'view the submitted Task Order (to ensure that the submittal is complete, con . - e ommission's written or oral request for services, the personnel assign-. are a. - ► ..le, - schedule is acceptable, that all costs proposed are appropriate, an. - - ite . in compliance with contractual requirements. The project manager will a : the ' k Or. if it is determined to be fair and reasonable. If required, the Commission's . e' . . - ill conduct negotiations to address exceptions and clarify costs. The - e . Task Order will serve as the record of negotiations. 3.4. Completion The Consultant's pe . n .f services shall commence under each Task Order only upon written authorization by ommission's designated project manager. Consultant shall complete the services within the time frame specified on a particular Task Order. EXHIBIT A - 4 189 EXHIBIT "B" COMPENSATION AND PAYMENT [ATTACHED BEHIND THIS PAGE] Exhibit B 17336.00603\32414498.1 190 EXHIBIT "B" COMPENSATION SUMMARY 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 SUBTOTAL 3,900,000.00 TOAL COSTS $ 3,900,000.00 1 Commission authorization pertains to total contract award amount. Compensa adjustment ween consultants may occur; however, the maximum total compensation authorized may not be exceeded. EXH I TB-1 AGENDA ITEM 7K RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM Budget and Implementation Committee Cheryl Donahue, Public Affairs Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Public Engagement Metrics Report, October -December 2019 BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Quarterly Public Engagement Metrics Report for October — December 2019. BACKGROUND INFORMATION: Staff continues to measure public engagement activities and prepare Quarterly Public Engagement Metrics Reports for the Commission, a practice that began in April 2018. This report covers the fourth quarter of 2019, from October to December. The quarterly reports are a data -driven approach to monitor the Commission's progress toward public engagement goals, to analyze the effectiveness of its efforts, and to provide transparency into how the Commission is using its resources to engage with the public. This quarterly report includes three sets of data: 1) Metrics for RCTC's overall public engagement activities, including website use and access; website top pages visited; email notifications; social media likes, engagement and reach; and public sentiment 2) Metrics for RCTC's Interstate 15 Express Lanes Project public engagement activities, including email activity, website sessions, and social media 3) Metrics for the State Route 60 Truck Lanes Project. Note that these numbers remain small, due to only eight months of activity. Report highlights for this quarter follow and are included in a graphical format. Please note that most of the social media metrics show an increase this quarter, due to digital advertising expenditures. The quarterly reports will evolve to include metrics from new Commission projects. Agenda Item 7K 192 RCTC Overall Public Engagement 1) Website a. For the quarter, there were 39,835 website sessions, a 16 percent increase from last quarter's 34,234 sessions. There also were 26,364 unique users, a significant increase of 21 percent compared to the previous quarter's 21,761 unique users. b. About a third of the visitors (34 percent) accessed the website through organic searches, such as Google. Another 21 percent used a direct search (keying in rctc.org). Others used social media (38 percent), and website referrals (7 percent). c. Website access via desktop versus mobile continues to fluctuate. During the fourth quarter, showed 46 percent accessed the website through a desktop computer and 54 percent used mobile devices. This is a large change from the second quarter of 2019, when the ratio was 57 percent via a desktop computer and 43 percent via mobile devices. d. The homepage continues to be the most frequently visited page, followed by the blog post related to funding of the 1-15 Railroad Canyon Interchange. The Route 60 Truck Lanes page and the Employment page ranked third and fourth. 2) Social Media a. Facebook: At the end of the quarter, the Facebook page had 9,389 likes, an 11 percent increase over last quarter's 8,476 likes. The page had 2,499 forms of engagement, such as likes, comments and shares, a 70 percent drop from last quarter's 8,289 forms of engagement. Facebook also had 1,708,937 impressions, which is the number of times that RCTC's content was displayed in news feeds. This was a large increase — 108 percent — from last quarter's 820,030 million impressions. However, the previous quarter experienced a 70 percent drop, due to decreased digital advertising. b. Twitter: RCTC's Twitter page showed a 3 percent increase in followers, from 1,169 to 1,200. Engagement increased 78 percent, from 320 to 571. Impressions jumped 43 percent from 60,296 to 75,391. c. Instagram: The Instagram page followers grew 15 percent, from 487 to 561 followers. Engagement climbed 47 percent, from 334 forms of engagement to 490. Impressions increased 45 percent to 17,309, compared to last quarter's 11,928. d. Overall, public sentiment was positive, with strong engagement related to jobs and locally sourced materials on the 1-15 Express Lanes Project and the public scoping period for the proposed 1-15 Express Lanes Southern Extension. 3) RCTC's The Point: RCTC continues to produce content for its online blog, The Point, and distributes this information and other news via email to subscribers. However, RCTC's subscribers declined 12 percent, from 3,555 to 3,147. Part of this decline was due to removal of duplicates and other "bounce -back" email addresses. Thirty-one percent of subscribers opened The Point, and 6 percent clicked on links to learn more. Agenda Item 7K 193 Interstate 15 Express Lanes Construction Public Engagement 1) Emails: Total email list sign-ups since the project began grew to 2,648. This is a 1 percent increase over the 2,622 sign-ups received through the end of last quarter. There also were 10 email inquiries for a total of 154 since the project started. This is a 7 percent increase over the 144 inquiries received through the end of last quarter. 2) Website: Total website visits since project inception grew to 62,023, a 11 percent climb from the 56,019 visits through the end of last quarter. 3) Social Media: The project's Facebook, Twitter and Instagram accounts all showed small gains. The Facebook page grew to 2,303 likes from 2,269 likes last quarter, a 1.5 percent increase. Twitter increased from 242 followers to 257, a 6 percent increase. Instagram followers increased 4 percent from 443 to 461. State Route 60 Truck Lanes Construction Public Engagement 1) Emails: Total email list sign-ups since the project began grew to 285. This is an 8 percent increase over the 263 sign-ups received through the end of last quarter. There also have been a total of 90 email inquiries, a 17 percent increase over the 77 inquiries through the end of last quarter. 2) Website: Total website visits since project inception grew to 9,992, a 49 percent increase from the 6,715 visits through the end of last quarter. 3) Social Media: The project's Facebook, Twitter and Instagram accounts all showed increases. The Facebook page grew to 454 likes from 314 likes last quarter, a 46 percent increase. Twitter increased from 31 followers to 52, a 68 percent increase. Instagram followers increased 41 percent from 101 to 142. Attachments: 1) RCTC Overall Public Engagement Metrics 2) Interstate 15 Express Lanes Construction Public Engagement Metrics 3) State Route 60 Truck Lanes Construction Public Engagement Metrics Agenda Item 7K 194 Public Engagement Metrics: Q4 Overall Social Media Sentiment 4 0 -2 10/1 10/8 10/15 10/22 10/29 1 1 /5 11/12 11/19 11/26 12/3 12/10 12/17 12/24 12/31 Content in Q4 received moderately high engagement and positive sentiment from the community. 10/29 (+) I-15 project video highlighted locally -sourced materials and local jobs 11/19-20 (+) 1-15 Express Lane comment period prompted community engagement Social Media Eblasts Subscribers 3,147 Average Open 31% Average Click 6% Instagram Followers 561 Engagement 490 Impressions 17,309 +15% +47% ATTACHMENT 1 Oct - Dec 2019 1 39,835 Number of Sessions Top Channels +16% 26,364 Number of Unique Users +21 % Direct (21.3%) — 5,712 Organic (34.1 %) — 9,141 Social (37.5%) —10,041 Referral (6.7%) — 1,807 Differences Paid advertising increased in Q4. Top Pages Visited Homepage is #1 most visited page 2 CTC Funds 1-15 Railroad Canyon 3 Route 60 Truck Lanes 4 Employment Desktop vs Mobile Users 46% • Desktop Mobile 54% 195 • mr EXPRESS HMS Email List Sign-UDs 15 Express Lanes Project Outreach Metrics Number of Sign -Ups 3000 r 2500 2000 1500 1,240 1000 — O703 500 — 114 45 1,401 1 1,706 1 1,915 2,301 2,426 2,522 2,577 2,622 2,648 Website Visits 80000 70000 60000 50000 40000 30000 — 20,44 20000 — 14,980 8,81311,056 E 10000 — 3,635 5,780 0` 845 _-■ 62,023 56,019 49,590 42,208 36,841 28,184 0 ATTACHMENT 2 Oct 2016 - Dec 2019 Emails Received Total Emails Received to Date 200 150 100 50 0- 7 20 r 77 62 48 40 .32 132 118 104 137 144 154 Social Media Likes/Follows 1 Number of Likes/Follows 2500 — 2000 1500 1000 500 0- 21 127 932 979 195 1,297 1 1,477 1 1,665 1 2,219 2,269 2,303 2 hill ,030 196 • Facebook Page Likes Twitter Followers (Account Opened 02/05/18) • Instagram Followers (Account Opened 02/05/18) State Route 60 State Route 60 Truck Lanes Project TRUCK LANES Monthly "At -a -Glance" Metrics Report Email & Text Sign -Ups 300 a 250 D 01 200 0 • 150 100 50 0 61 — . 263 285 Website Sessions Total Website visits to Date 10000 — 8000 6000 4000 2000 0 — 1,414 — ■ 6,715 9,992 O �▪ O • ,O �O 15) ,LO 15) 1• 9 Qec, Q Qec lac �o c,eQ Qec lac V>o O Sao $>' ' O Sao V".9 1 197 Emails to Project Team ATTACHMENT 3 May - December 31, 2019 Number of Emails 200 150 100 50 0 67 144 157 Social Media Likes/Follows 1 Number of Likes/Follows 500 — 400 300 200 100 0_ 115 314 454 1 ti yeQ • Facebook Page Likes Twitter Followers Instagram Followers AGENDA ITEM 7L RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Mark Lancaster, Capital Projects Manager Marlin Feenstra, Project Delivery Director THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Agreement with T.Y. Lin International for Final Design Services Related to the Mid County Parkway Interstate 215/Placentia Avenue Interchange Improvement Project and Agreement for Construction Zone Enforcement Enhancement Program Services for the Project WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 16-31-066-04, Amendment No. 4 to Agreement No. 16-31-066-00, with T.Y. Lin International (T.Y. Lin) to complete final design services and prepare the Interstate 215/Placentia Avenue interchange improvement (I-215/Placentia Avenue) project for advertising and award, in the amount of $386,663, plus a contingency amount of $38,666, for an additional amount of $425,329, and a total amount not to exceed $5,171,185; 2) Approve Agreement No. 20-31-051-00 with the California Highway Patrol (CHP) for Construction Zone Enforcement Enhancement Program (COZEEP) services in an amount not to exceed $279,900; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreements on behalf of the Commission; and 4) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the project. BACKGROUND INFORMATION: The Commission began environmental studies and preliminary engineering on the Mid County Parkway (MCP) project in December 2003. In April 2015, the Commission certified the final environmental impact report, adopted findings pursuant to the California Environmental Quality Act, adopted a mitigation monitoring and reporting program, adopted a statement of overriding considerations, and approved the MCP project. At the Commission's direction, staff proceeded with design and right of way acquisition for the I-215/Placentia Avenue project as the first construction contract for the MCP project. The Agenda Item 7L 198 I-215/Placentia Avenue project will construct a new interchange at I-215/Placentia Avenue and six lanes on Placentia Avenue between Harvill Avenue and Indian Avenue, connecting to the existing two-lane section of Placentia Avenue between Indian Avenue and Perris Boulevard (see Attachment 1 Vicinity Map). At the November 2016 meeting, the Commission approved an agreement with T.Y. Lin for final design and preparation of the final Plans, Specifications and Estimate (PS&E) package and related construction bid documents for the construction of the I-215/Placentia Avenue project in the amount of $3,754,000. Two subsequent amendment authorizations aggregating an additional amount of $991,856 resulted in a total contract authorization to date of $4,745,856. The parties now desire to amend Agreement 16-31-066-00 in order to provide compensation for final design services for the I-215/Placentia Avenue project to complete work that was not anticipated in the original scope of work for the project. DISCUSSION: During the design phase, ongoing coordination with Caltrans, Riverside County Transportation Department (RCTD), and Riverside County Flood Control and Water Conservation District (RCFCWCD) identified the following work items that were not included in the original scope of the project, but now are required to be completed by T.Y. Lin: 1. Updates to Roadway Plans and Details: Required roadway plan and detail updates include: A) Grading adjustments as a result of a revised Eastern Municipal Water District easement, and the processing of a Supplemental Design Standard Decision Document with Caltrans for a nonstandard side slope; B) Creation of details, placement and modifications to a new community identification monument sign, as requested by the County of Riverside; C) Updates to the PS&E based on constructability review comments provided by the Commission's Construction management firm; D) Significant drainage design revisions required by RCTD and RCFCWCD; E) Processing of non-standard special provisions; F) Processing of Utility Exception Memo for Southern California Edison through Caltrans; G) Modifications to the PS&E as a result of the October 2019 Caltrans Standard Plans and Specifications update; and H) Preparation of Resident Engineer File. 2. Updates to the Drainage Plans, Reports, and Details: Required drainage plan, report, and detail updates include: A) Caltrans request to analyze and revise proposed drainage structures within the State right of way; B) Response to comments from Caltrans, city of Perris, RCTD and RCFCWCD; and C) Extensive hydrology and hydraulic analysis and preparation of a drainage report. Agenda Item 7L 199 3. Updates to Landscape Plans, including: Required landscape plan updates include: A) Modifications to the PS&E as a result of the October 2019 update to the Caltrans Standard Plans and Specifications; and B) Design of county monument sign and associated lighting. 4. Environmental Revalidation: Caltrans is requiring a second Environmental Re -Evaluation (National Environmental Policy Act, or NEPA)/Re-Validation (California Environmental Quality Act, or CEQA) for the environmental certification approval process. The second Environmental Re -Evaluation (NEPA)/Re-Validation (CEQA) will also include an updated project description to document the revised drainage design and the revised impacts to jurisdictional waters. This task includes time for preparation of the document and to coordinate with Caltrans and the Federal Highway Administration to review and obtain signatures. 5. Environmental Permits: A Section 401 (Clean Water Act) certification authorization from the Santa Ana Regional Water Quality Control Board (SARWQCB) received on September 9, 2019 will be revised and resubmitted to SARWQCB for re -authorization due to drainage revisions, which caused small additional impacts to jurisdictional waters. 6. Asbestos Testing in Bridges: As requested by Caltrans, the Commission will conduct supplemental asbestos sampling of the bridge decks of the Placentia Avenue Overcrossing and Placentia Street Overhead to determine the presence of asbestos in joints and seals within the bridge. The survey will be completed in accordance with federal, state and local regulations, including but not limited to, the Asbestos Hazard Emergency Response Act, South Coast Air Quality Management District, and California Occupational Safety and Health Administration rules and regulations. A Health and Safety Plan will be prepared for this investigation, which will outline the safety protocols to be followed during the asbestos field sampling. This task includes traffic control and safety services during the field investigation. 7. Construction Support Phase: Additional budget is anticipated to respond to inquiries and Requests for Information from potential bidders. Subsequently, staff negotiated the scope of work (including the appropriate level of effort, labor categories/mix, etc.), cost, and schedule proposal received from T.Y. Lin for the additional services and established a fair and reasonable price. The proposed cost is $386,663. The completion of design of the project is February 2020, and construction is scheduled to begin in summer 2020. Construction Zone Enforcement Enhancement Program Agreement As with all highway projects, an agreement is required with CHP to provide COZEEP services for speed enforcement and traffic queuing control for the safety of motorists and construction Agenda Item 7L 200 workers during nighttime lane closures construction work. Based on a Caltrans formula and the amount of freeway lane and directional closures, the estimated amount for this agreement is $279,900. Recommendation Staff recommends approval of Agreement No. 16-31-066-04 with T.Y. Lin to complete these additional scope items for the project, based on the final negotiated scope and cost of $386,663, plus a contingency amount of $38,666, for an additional amount of $425,329, and a total contract authorization not to exceed $5,171,185. The table below provides a summary of the initial agreement and subsequent approved and proposed amendments. Agreement Authorization Date Authorization Amount Agreement Amount Original Agreement November 9, 2016 $ 3,754,000 $ 3,412,677 Amendment No. 1 July 11, 2018 299,498 314,663 Amendment No. 2 N/A (use of contingency) - 341,300 Amendment No. 3 September 11, 2019 692,358 629,416 Subtotal 4,745,856 4,698,056 Amendment No. 4 (proposed) 425,329 386,663 Totals $ 5,171,185 $ 5,084,719 Staff also recommends approval of Agreement No. 20-31-051-00 for COZEEP services with the CHP in the amount of $279,900. Further, authorization is requested for the Chair or Executive Director to finalize and execute the agreements on behalf of the Commission and for the Executive Director or designee to approve the use of the contingency amount as may be required for the project. Financial Information In Fiscal Year Budget: Yes Year: FY 2019/20 Amount: $705,229 Source of Funds: 2009 Measure A Western County New Corridors Budget Adjustment: No GL/Project Accounting No.: 002317 81102 00000 0000 261 31 81101 Fiscal Procedures Approved: vilte4,4014 Date: 02/13/2020 Attachments: 1) Vicinity Map-I-215/Placentia Avenue Interchange 2) TY Lin Amendment No. 4, Agreement No. 16-31-066-04 3) CHP COZEEP Agreement No. 20-31-051-00 Agenda Item 7L 201 Approved by the Western Riverside County Programs and Projects Committee on February 24, 2020 In Favor: 11 Abstain: 0 No: 0 Agenda Item 7L 202 ATTACHMENT 1 TYLIN INTERNATIONAL 0 225' 450' 900' *Mid -County Parkway (shown in blue) is not part of project. 1-215 / Placentia Ave Interchange SCALE: 1" = 150' 203 Attachment 1 Vicinity Map ATTACHMENT 2 STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL REIMBURSABLE SERVICES CONTRACT REQUEST CHP 78R (Rev. 2-12) OPI 076 TO BUSINESS SERVICES SECTION- CONTRACT SERVICES UNIT (076) DATE 05/24/2018 (1) CURRENT AGREEMENT NUMBER (2) DPI TRACKING NUMBER (3) PREVIOUS AGREEMENT NUMBER (4) CONTRACT COORDINATOR (Print Name and TNle) R, Pereyda Officer FROM (Command/Location Code) Riverside 840 TELEPHONE NUMBER (Include Area Coda) (951) 637-8000 FAX NUMBER (include Area Code) (951) 07_Rn03 MA EING7t nc u e p e e 81 18 Lincoln Ave, Riverside Ca, 92504 BUSINESS ADDRESS (if different than mein address) (5) AGREEMENT WITH (include Fulll3uslness Name) Riverside County Transportation Commision CONTACT NAME (Print Name end Thal) Alex Menor Capital Projects Mgr, TELEPHONE NUMBER (Include Area Code) (951) 787-7970 FAX NUMBER (1nc(ude Area Code) (951) 787-7906 MAILING ADDRESS (Include Zip Code) 4080 Lernon St. 3rd floor Riverside Ca. 92502 BUSINESS ADDRESS (11 different than mailing address) (6) ORIGINAL AGREEMENT D AMENDMENT NUMBER (7) TERM OF AGREEMENT STARTING DATE 06/01/2019 THROUGH I2/01/2021 ORIGINAL ENDING DATE AMENDED ENDING DATE (8) AREA(S)/LOCATION CODES)/ADDRESS(ES) WHERE SERVICES ARE TO BE PERFORMED (If Different From Above) El CHECK IF MULTIPLE LOCATION LISTING ATTACHED ❑ NO CHANGE Construction will be performed on Placentia Ave. at Interstate 215, (9) DESCRIBE PURPOSE, SERVICE(S) TO BE PERFORMED, AND/OR FINAL PRODUCT TO BE DELIVERED The Riverside County Transportation Commission will be the lead agency providing demolition and construction for the necessary upgrades and improvements of the Placentia Ave, over crossing including the on and off ramps for the Interstate 215. The Riverside County Transportation Commission has requested CHP provide Construction Zone Enhanced Enforcement Program (Cozeep) services within the construction zone. (10) SUPPORTING DOCUMENTATION ATTACHED (Specifications or scope of work, drawings and ofhersupporting documents, or services affected by This reimbursable agreement must be attached to cm, 78R and available via email upon CSUs request). Please provide confect person and email address below. NAME (Print Name and VW 1z, Pereyda Officer EMAIL ADORESS RPoreyda@chp.ca.gov TELEPHONE NUMBER (include Area Code) (951) 637-8000 {f 1) NAME OF INVOICE APPROVER (Print Name end Ttle) G. J. Tyler, Captain MAILING ADDRESS 8118 Lincoln Ave, Riverside Ca, 92504 TELEPHONE NUMBER (Include Area Code) (951)637-8000 All reimbursable agreements ere sub act to full -cost racavary, e.g„ portal to portal and mileage, unless Indicated and approved by approp late Assistant Commissioner, Appropriate charges will he made for departmental supplies extended, additional equipment utilized, damages to unlforme or property repaired or replacer] al state expense, etc., which are direatiy related to the services provided, (12) ESTIMATED liOURSIMILEAGE: Er 41IiII(g•a1,16. Est. Officer Reg. hours: Officer Rag. rale: b°TI per hour ESTIMATED AMOUNT Eat. Officer 0(T hours; 2,880 Oifloor OFT rate: $ 92,00 par hour $ 264,960,00 (13) AMENDMENT- Inoreese&Decreasa (14) MAXIMUM REIMBURSABLE AMOUNT AUTHORIZED $ Eal. Sg1. Reg. hours: Sgt. Reg. rale. $ par hour $ (15) LOCATION CODE 2840 OBJECT CODE PCA CODE 96501 Est. Sgt. Off hours: Sgt. 01T rale: per hour $ Eel, M/C Sgt, Rag, hour -sr M/C Sgt. Reg. rate: $ per hour S 18) INVOICE TO BE PREPARED. Upon completion of Agreement Monthly Other, Fully explain method helow: EsiWC Sal, Gil hours: MIC Sgt. OTT rale: $ per hour Est. Automobile miles: 18,000 Automobile miles rule: @ 0.83 per mile 14,940.00 Eat, M/C miles: Est. Other Exponae(s): WC mites rate - Other expenso(s). $ COMMANDER OR APPROVED DESIGNEE (Pint Name and TJI7e) G. J. Tyler, Captain per mile Estimated total: DIVISION COMMANDER OR ARM VED DESIGNEE (if Required (Print Name and 7711e) L� t(f er ___ , A c1, .:-,(4, Destroy Pr764s Editions Chp78R_0212.pd1 ATTACHMENT 3 Agreement No. 16-31-066-04 AMENDMENT NO. 4 TO AGREEMENT FOR PREPARATION OF PLANS, SPECIFICATION AND ESTIMATES (PS&E) WITH T.Y. LIN INTERNATIONAL 1. PARTIES AND DATE This Amendment No. 4 to the Agreement for preparation of plans, specifications, and estimates services is made and. entered into as of 2020, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and T.Y. LIN INTERNATIONAL ("Consultant"), a California corporation. 2. RECITALS 2.1 The Commission and; the Consultant have;,,entered into an agreement dated November 9, 201:6 for the purpose of providing the preparation of plans:.,, specifications, and. estimates (PS&E) for the Interstate 215/Placentia Avenue Interchange Improvements Project (the "Master Ag reement"). 2.3 The Co,mmission and the Consultant have entered into an Amendment No. 1, dated October 2, 2018, for the purpose providing additional:compensation for additional PS&E services for the Interstate 215/Placentia Avenue Interchange Improvements Project. The Commission and the Consultant have entered into an Amendment No. 2, dated February 11, 2019, for the purpose providing additional compensation for additional PS&E services for the Interstate 215/Placentia Avenue Interchange Improvements Project 2.4 The Commission and the Consultant have entered into an Amendment No. 3, dated September 11, 2019, for the purpose providing additional compensation for additional PS&E services for the Interstate 215/Placentia Avenue Interchange Improvements Project 17336.01100\31282465.5 205 2.5 The parties now desire to amend the Master Agreement in order to provide additional compensation for additional PS&E services for the Interstate 215/Placentia Avenue Interchange Improvements Project. 3. TERMS 3.1 The Scope of Services for the Master Agreement shall be amended to include Services, as that term is defined in the Master Agreement, required to provide additional PS&E services, as more fully described in Exhibit "A" attached to this Amendment No. 4 and incorporated herein by reference. 3.2 The maximum compensation for Services performed pursuant to this Amendment No. 4 shall be Three Hundred Eighty -Six Thousand, Six Hundred Sixty -Three Dollars ($386,663). 3.3 The compensation terms are further set forth in Exhibit "B" attached to this Amendment No. 4 and incorporated herein by reference. Compensation for Services performed under this Amendment No. 4 shall be billed in accordance with the attached Exhibit "B". 3.4 The total not -to -exceed amount of the Master Agreement, as amended by this Amendment No. 4, shall be increased from Four Million Six Hundred and Ninety -Eight Thousand, Fifty -Six Dollars ($4,698,056) to Five Million Eighty -Four Thousand, Seven Hundred and Nineteen Dollars ($5,084,719). 3.5 Except as amended by this Amendment No. 4, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. 3.6 This Amendment No. 4 shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.7 This Amendment No. 4 may be signed in counterparts, each of which shall constitute an original. [Signatures on following page] 17336.01100\31282465.5 2 206 SIGNATURE PAGE TO AGREEMENT NO. 16-31-066-04 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY T.Y. LIN TRANSPORTATION COMMISSION INTERNATIONAL By: By: Anne Mayer, Executive Director Signature Name Title APPROVED AS TO FORM: Attest: By: By: Best Best & Krieger LLP Counsel to the Riverside County Its: Transportation Commission * A corporation requires the signatures of two corporate officers. One signature shall be that of the chairman of board, the president or any vice president and the second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation. If the above persons are not the intended signators, evidence of signature authority shall be provided to the Commission. 17336.01100\31282465.5 3 207 Exhibit "A" Amendment No. 4 Scope of Services [attached behind this page] 17336.01100\31282465.5 Exhibit A 208 Amendment #4 (RFQ 16-31-066-00) EXHIBIT A SCOPE OF WORK SCOPE OF WORK Preparation of Plans, Specifications and Estimates (PS&E) For the Interstate 215 (I-215) / Placentia Avenue Interchange Improvements Project Amendment #4 December 24, 2019 1 12/24/2019 209 SECTION 1 DESCRIPTION OF PROJECT 1.1 Amendment #4 (RFQ 16-31-066-00) EXHIBIT A SCOPE OF WORK PROJECT DESCRIPTION 1.1-1 Background No change from original contract dated November 9, 2016. 1.1-2 Location and Limits No change from original contract dated November 9, 2016. 1.1-3 Project Description No change from original contract dated November 9, 2016. 1.2 REASONS FOR CONTRACT AMENDMENT 1.2-1 Finalize Design and Ready -to -List (RTL) Project Additional effort required to complete the final design and RTL the project. 1.2-2 Construction Support Phase Additional budget needed for Construction Support, due to additional project scope. SECTION 2 Not used 2 12/24/2019 210 Amendment #4 (RFQ 16-31-066-00) EXHIBIT A SCOPE OF WORK SECTION 3 TASK BREAKDOWN OF WORK 3.2 TASK 5 — FINAL PS&E (100 PERCENT) SUBMITTAL 3.5-9 Final PS&E Updates Additional budget is required to finish final design and RTL the project. This includes the following: A. Updates to Roadway Plans and Details, including: • Grading adjustments as a result of the revised Eastern Municipal Water District (EMWD) easement width, and the processing of a Supplemental Design Standard Decision Document (DSDD) for a nonstandard side slope. • Creation of details, placement and modifications to a new monument sign, as requested by the County of Riverside. • Updates to the PS&E based on comments provided by RCTC's Construction Management Firm. • Grading and Elevation updates based on ongoing drainage design revisions. • Processing of Non -Standard Special Provisions (NSSPs). • Processing of Utility Exception Memo for Southern California Edison (SCE). • Modifications to the special provisions and bid items as a result of the 10/18/19 Caltrans update to the Standard Plans and Specifications. • Preparation of Resident Engineer (RE) File. B. Updates to the Drainage Plans, Reports, and Details, including: • Caltrans request to analyze and revise proposed reinforced concrete box (RCB) to an open channel through State Right -of - Way. • Respond to comments from Caltrans, City of Perris, and Riverside County Flood Control and Water Conservation District (RCFC&WCD). • Additional details, quantity adjustments, calculations, and exhibits based on agency comments. • Details or calculations to prepare for the RE File. C. Updates to Landscape Plans, including: • Modifications to the special provisions and bid items as a result of the 10/18/19 Caltrans update to the Standard Plans and Specifications. • County Monument Sign renderings. • County Monument Sign lighting, including type and placement. • Additional details to prepare for the RE File. 3 12/24/2019 211 Amendment #4 (RFQ 16-31-066-00) EXHIBIT A SCOPE OF WORK D. Updates to Electrical Plans, including: • Modifications to the special provisions and bid items as a result of the 10/18/19 Caltrans update to the Standard Plans and Specifications. • Processing of revised NSSPs, due to the 10/18/19 Caltrans update to the Standard Plans and Specifications. This amendment scope is based on acceptance of the overall drainage concept by Caltrans and RCFC&WCD. Any significant revisions to the drainage concept are not included. 3.5-10 Right of Way Updates Additional budget is required to update legal descriptions based on the revised EMWD Easement, and new easements for RCFC&WCD. One new legal description, and adjustments to five previously prepared legal descriptions is anticipated. Includes potential updates to Land Net base map, Appraisal Map, and Record of Survey adjustments per Caltrans review. 3.5-11 County Drainage Analysis CONSULTANT will prepare a drainage memo analyzing the existing conditions at the intersection of Placentia Avenue/Harvill Avenue, in response to Cathy Wampler/County of Riverside's September 18, 2019 email, items 7a-7f. a. Hydrology: TYLI will provide a hydrology map showing the existing tributary area and the existing Q10 and Q100 flows that reach the two existing corrugated metal pipe arches (CMPA) on the west side of Harvill Ave. This analysis will consider the tributary area as `developed' using appropriate RCFCWCD hydrology parameters, which will assume the 20- acre Transportation site is fully developed. b. Ponding: Using the calculated Q10 and Q100 flow rates, the capacity of the CMPA's and the ponding depth of flow in Placentia Street west of Harvill Avenue will be determined. c. Breach: Assuming the shallow CMPA's do not have adequate capacity to carry the full tributary flow, then backwater and ponding on the west side of Harvill Avenue will be evaluated and it will be determined at what ponding depth the water will breach over the centerline of Harvill Avenue to the east side of Harvill Avenue. The amount of flow breaching the crest of Harvill Avenue will be determined for both the Q10 and Q100 storm events. d. Capacity: The proposed inlets and pipes on the east side of Harvill Avenue will be evaluated with this additional flow. e. Spread width: The spread width and standing depth of this water in the 4 12/24/2019 212 Amendment #4 (RFQ 16-31-066-00) EXHIBIT A SCOPE OF WORK street at the sump catch basins will be evaluated. f. Clogging considerations: In the event that the sump catch basins are blocked, the additional curb openings (parkway drains) will be evaluated as a secondary overflow. Any additional overflow conditions will be discussed. This study will include the hydrologic analysis (HEC-HMS) tributary to two existing 49"x33" CMPA's located to the west of the intersection including flows from the Perris Valley Storm Drain (PVSD) Master Drainage Plan (MDP) for Laterals H-10.1 and H-10. The ultimate (build -out) condition hydrology will be assumed tributary to the pair of CMPAs for both the 10-year, 6-hour and 100- year, 6-hour storm events in accordance with the Riverside County Flood Control Hydrology Manual (1978). In both conditions, it is conservatively assumed that the MDP drainage infrastructure for Laterals H-10.1 and H-10 have not been constructed and that all flows will be conveyed on the surface to the two CMPAs that exist today. This assumption of surface flow will likely cause an increase in the conveyance time in the tributary and the flow rates in turn will likely be lower than the conservative MDP values. Since it is assumed that the portion of Placentia Avenue west of Harvill Avenue will pond up and split flows between both CMPAs, it is only necessary to model one hydrologic concentration point at the sump. The split of the peak flow rates will be accounted for in the hydraulic calculations. A second concentration point will be modeled at the new proposed sump along Placentia Avenue (at approximately "P" Line Station 2+75) to represent the local drainage area that is added once flows overtop Harvill Avenue. The roadway profile at the centerlines of both roads will be analyzed to determine the lowest breach elevations at each of the three sumps (one on each side of Placentia Avenue and one across the centerline of Harvill Avenue). Hydraulic calculations (i.e., HY-8, FHWA Inlet Charts) will be prepared at various stage elevations to determine the capacity of each CMPA prior to overtopping Harvill Avenue and draining towards the proposed curb inlets along the improved portion of Placentia Avenue. Additional inlet calculations will be performed at the two proposed curb inlets and the additional four parkway drains along Placentia Avenue east of the intersection to determine whether the proposed inlets have the capacity to intercept the overflows. Additionally, the hydraulic capacity of the proposed 36-inch RCP will be determined in StormCAD. The goal of these calculations is to determine the inundation elevations and limits in each condition. It is assumed that the County of Riverside will regularly monitor and maintain both CMPAs after each storm event to remove the known sediment accumulation from offsite areas. Thus, a clogging factor would not be utilized in the analysis of the CMPAs. Open-faced curb inlets in a sump condition do not typically utilize a clogging factor, as clogging factors are usually intended for grated inlets clogged by debris. However, for this analysis, in accordance with the County's request, TYLI will perform an additional 'clogged condition' and assume a percentage of the 5 12/24/2019 213 Amendment #4 (RFQ 16-31-066-00) EXHIBIT A SCOPE OF WORK curb inlet length is not utilized to extract the flow from the roadway. Results from the hydrologic and hydraulic analysis will be summarized into a memorandum and will include the hydrologic and hydraulic conditions described above, as well as exhibits illustrating the inundation limits for each condition. This study will be completed utilizing existing available topographic and survey data. This scope assumes one revision to address minor comments. Any design of improvements to address study results can be evaluated through a separate scope/contract amendment. 3.5-12 Environmental Permits and Revalidation Environmental Revalidation Caltrans is requiring a second Environmental Re -Evaluation (NEPA)/Re- Validation (CEQA) for the environmental certification approval process. Based on the example provided by Caltrans on August 20, 2019, the second Environmental Re -Evaluation (NEPA)/Re-Validation (CEQA) will include the "project processing to next major federal approval" box checked on the first page, any refinements to the scope of the project or the Environmental Commitments Record (ECR), and a copy of the Final ECR. The second Environmental Re -Evaluation (NEPA)/Re-Validation (CEQA) will also include an updated project description to include the revised drainage design and an updated write-up including the revised impacts to jurisdictional waters. Includes time to prepare a Draft and Final Environmental Re -Evaluation (NEPA)/Re-Validation (CEQA) with responses to one round of comments, and time to coordinate with RCTC and FHWA to obtain signatures. Environmental Permits A Section 401 (Clean Water Act) certification authorization from the Regional Water Quality Control Board (RWQCB) was received on September 9, 2019. Due to drainage updates, and additional impacts to jurisdictional waters, the Section 401 certification application will be revised and resubmitted to RWQCB for re -authorization. Includes time to revise the certification application with responses to one round of comments on the draft certification application and time to coordinate with RWQCB to obtain a revised Section 401 certification authorization. A Section 404 (CWA) permit authorization from the U.S Army Corps of Engineers (USACE) was received on September 25, 2019. Due to drainage updates, and additional impacts to jurisdictional waters, the Section 404 permit application will be revised and resubmitted to USACE for re- authorization. Includes time to revise the permit application with responses to 6 12/24/2019 214 Amendment #4 (RFQ 16-31-066-00) EXHIBIT A SCOPE OF WORK one round of comments on the draft permit application and time to coordinate with USACE to obtain a revised Section 404 permit authorization. 3.5-13 Asbestos Testing in Bridges As requested by Caltrans, we will conduct supplemental asbestos sampling of the bridge decks of the Placentia Avenue Overcrossing and Placentia Street Overhead (bridge numbers 56-0450 and 56-0763). The survey will be completed in general accordance with Federal, State and Local regulations, including but not limited to, the Asbestos Hazard Emergency Response Act (AHERA), South Coast Air Quality Management District (SCAQMD), and California Occupational Safety and Health Administration (Cal/OSHA) rules and regulations. A Health and Safety Plan (HSP) will be prepared for this investigation, which will outline the safety protocols to be followed during the asbestos field sampling. Includes traffic control and safety services during the field investigation. Testing of concrete on both of the above -referenced bridges will be done to determine the presence of asbestos. We will collect three bulk samples of suspect concrete from each of the two bridges for the determination of asbestos content, as necessary to satisfy all United States Environmental Protection Agency, Cal/OSHA and the South Coast Air Quality Management District requirements. Samples will be submitted to a NVLAP-accredited laboratory and analyzed by Polarized Light Microscopy. It is estimated that six (6) asbestos bulk samples shall be collected during the described investigation and testing. A supplemental asbestos testing report will be prepared. The report will be appended to include laboratory analytical results, field sketches and other pertinent field documentation, and will be signed by a California Certified Asbestos Consultant and a California registered professional engineer or geologist. Includes time to process an Encroachment Permit with Caltrans for this work. 3.5 TASK 7 — CONSTRUCTION SUPPORT PHASE 3.7-5 Respond to Inquiries/RFIs Additional budget is anticipated to be needed to respond to inquiries and RFIs related to Landscaping during construction, including reviews of the County Monument Sign. 3.7-7 As-Builts Additional budget is anticipated to be needed during construction for Landscaping Plans As -Built preparation and approvals from Caltrans. 7 12/24/2019 215 Exhibit "B" Amendment No. 4 Compensation [attached behind this page] 17336.01100\31282465.5 Exhibit B 216 EXHIBIT "B" COMPENSATION SUMMARY' FIRM PROJECT TASKS/ROLE COST Prime Consultant: TY Lin !Design and PS&E Preparation Services $ 251,636.00 Sub Consultants: David Evans and Associates, Inc. Landscape Design Services $63,860.00 Leighton Consulting Geotechnical Services $3,076.00 LIN Consulting, Inc. (LCI) Traffic/Electrical Design Services $11,193.00 LSA Associates, Inc. Environmental Services $24,767.00 Towill, Inc. Surveying/ROW Services 30,856.00 SUBTOTAL $385,388.00 OTHER DIRECT COSTS 1,275.00 TOTAL COSTS $ 386,663.00 Commission authorization pertains to total contract award amount. Compensation adjustments between consultants may occur; however, the maximum total compensation authorized may not be exceeded. 217 AGENDA ITEM 7M RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Bryce Johnston, Capital Projects Manager Marlin Feenstra, Project Delivery Director THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Agreement for California Highway Patrol Construction Zone Enhancement Enforcement Program Services During the Construction of the State Route 60 Truck Lanes Project WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 19-31-038-01, Amendment No. 1 to Agreement No. 19-31-038-00, with the California Highway Patrol (CHP) for Construction Zone Enhanced Enforcement Program (COZEEP) services during the construction of the State Route 60 Truck Lanes project (Project) in the amount of $350,000, plus a contingency amount of $100,000, for an additional amount of $450,000, and a total amount not to exceed $1,490,070; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director, or designee, to approve contingency work as may be required for the agreement. BACKGROUND INFORMATION: At its January 2019 meeting, the Commission awarded the construction contract to Skanska USA Civil West (Skanska) for the Project located east of Moreno Valley from Gilman Springs Road to Jack Rabbit Trail (see Attachment 1 for vicinity map). This project will add an eastbound truck climbing lane and a westbound truck descending lane plus inside and outside standard shoulders along a 4.5-mile stretch of SR-60 and is designed to enhance safety and improve operations. At its January 2019 meeting, the Commission also approved an agreement with CHP for COZEEP services needed during construction. At this time, the construction of the project is about 20 percent complete and is on schedule. Agenda Item 7M 218 CHP COZEEP SERVICES The original authorization for COZEEP services was $1,040,070. COZEEP expenditures to date have been higher than originally estimated due to additional COZEEP services associated with a significant incident that occurred at the beginning of Stage 2 construction, in which west bound traffic was reduced to one lane. The project team determined in the interest of safety to use COZEEP services 24 hours a day for the seven month duration of Stage 2. When westbound traffic is restored to two lanes, the COZEEP support will be used in reduced frequency. Staff reviewed expenditures to date and estimates the need for an additional $350,000 in COZEEP services for monitoring traffic during the remaining construction of the Project plus $100,000 contingency to cover potential extra work that may be required. As a result, the total amount not exceed authorization is $1,490,070. The draft amendment is attached. There are sufficient funds included in the FY 2020/21 budget for these additional expenditures related to the Project. Financial Information Yes FY 2019/20 $150,000 In Fiscal Year Budget: N/A Year: FY 2020/21 Amount: $300,000 Congestion Mitigation Air Quality, State Transportation Improvement Program - Source of Funds: Regional Improvement Program, State Highway Operations and Protection Budget Adjustment: No N/A Program, and 2009 Measure A Western County Highway funds GL/Project Accounting No.: 003029 81304 00000 0000 262 31 81301 Fiscal Procedures Approved: \;;a,ivno� Date: 02/24/2020 Attachments: 1) Vicinity Map 2) Agreement No. 19-31-038-01 with CHP for COZEEP Services Agenda Item 7M 219 Approved by the Western Riverside County Programs and Projects Committee on February 24, 2020 In Favor: 11 Abstain: 0 No: 0 Agenda Item 7M 220 ATTACHMENT 1 Figure 1: Project 1dcation Map STATE OF CALIFORNIA STANDARD AGREEMENT AMENDMENT STD. 213 A (Rev 6/03) ATTACHMENT 2 CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER 18R655000 REGISTRATION NUMBER AMENDMENT NUMBER 1 1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY'S NAME Department of California Highway Patrol CONTRACTOR'S NAME Riverside County Transportation Commission 2. The term of this Agreement is March 1, 2019 through February 28, 2021 3. The maximum amount of this $1,490,070.00 Agreement after this amendment is: One Million Four Hundred Ninety Thousand Fifty dollars and Zero Cents 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: A. Add funds in the amount ($350,000.00) Three Hundred Fifty Thousand Dollars and Zero cents and $100,000 One Hundred Thousand Dollar and Zero cents a contingency effective immediately B. Pagel , Item 3 (Maximum Amount), is revised to read: The Maximum amount for this agreement is One Million Four Hundred Ninety Thousand Fifty dollars and Zero Cents ($1,490,070.00). All references to Page 1, Item 3 (Maximum Amount), in the body of this agreement and in any Exhibits hereto shall be deemed to read One Million Four Hundred Ninety Thousand Fifty dollars and Zero Cents ($1,490,070.00). All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc.) Riverside County Transportation Commission BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Anne Mayer, Executive Director ADDRESS 4080 Lemon Street, 3rd Floor Annex Riverside, CA 92501 STATE OF CALIFORNIA AGENCY NAME Department of California Highway Patrol BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING P. Silney, Assistant Chief, Adminsitrative Services Division ADDRESS 601 North 7th Street, Sacramento, CA 945811 CALIFORNIA Department of General Services Use Only Exempt per: 222 AGENDA ITEM 8 COMMISSIONERS: PLEASE GIVE SPECIAL ATTENTION TO THE TWO BOLD ITALICIZED PARAGRAPHS AND ATTACHMENT 3 IN THIS AGENDA ITEM. RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2020 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Theresia Trevino, Chief Financial Officer Michele Cisneros, Deputy Director of Finance THROUGH: Anne Mayer, Executive Director SUBJECT: Refinancing of 91 Express Lanes Toll Debt BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file the presentation regarding the refinancing of the Commission's Toll Revenue Senior Lien Bonds, 2013 Series A (2013A Bonds) and 2013 Transportation Infrastructure Financing and Innovation Act (TIFIA) Loan (2013 TIFIA Loan) related to the State Route 91 Corridor Improvement Project (91 Project) with the issuance of taxable and tax-exempt senior lien and second lien toll revenue refunding bonds (2020 Refunding Toll Bonds); 2) Approve the refinancing plan to refund all or a portion of the 2013A Bonds, currently outstanding in the amount of $123.8 million, and prepay all or a portion of the 2013 TIFIA Loan, currently outstanding in the amount of approximately $481 million; 3) Adopt Resolution No. 20-001, "Resolution Authorizing the Issuance and Sale of Not to Exceed $725,000,000 Aggregate Principal Amount of Riverside County Transportation Commission Toll Revenue Refunding Bonds in One or More Series, the Refunding of Outstanding Bonds, the Execution and Delivery of One or More Supplemental Indentures, One or More Purchase Contracts, One or More Official Statements, One or More Continuing Disclosure Agreements and One or More Escrow Agreements, the Adoption of a Restated Debt Management Policy, and the Taking of All Other Actions Necessary in Connection Therewith"; 4) Approve the proposed form of the Preliminary Official Statement for the issuance of not to exceed $725 million in 2020 Refunding Toll Bonds and authorize the Executive Director to approve and execute the printing and distribution of the final form of the Official Statement; Agenda Item 8 223 5) Approve the proposed form of the Continuing Disclosure Agreement related to the 2020 Refunding Toll Bonds, by and between the Riverside County Transportation Commission and Digital Assurance Certification, L.L.C., as dissemination agent, and authorize the Executive Director to approve and execute the final form of the Continuing Disclosure Agreement; 6) Approve the proposed forms of the Third Supplemental Indenture and Fourth Supplemental Indenture for the 2020 Refunding Toll Bonds, each by and between the Riverside County Transportation Commission and U.S. Bank National Association (US Bank), as Trustee, and authorize the Executive Director to approve and execute the final forms of the Third Supplemental Indenture and Fourth Supplemental Indenture; 7) Approve the proposed form of the Bond Purchase Agreement(s), also referred to as Purchase Contract(s), between the Riverside County Transportation Commission and Bank of America Securities, Inc. (BofA), as Underwriter Representative acting on behalf of itself and Goldman, Sachs & Co. (Goldman), Wells Fargo Securities (Wells Fargo), J.P. Morgan (JPM), and Siebert Cisneros Shank & Co., LLC (Siebert), (collectively the Underwriters), for the 2020 Refunding Toll Bonds and authorize the Chief Financial Officer to approve and execute the final form of the Bond Purchase Agreement; 8) Approve the proposed form of the Escrow Agreement, by and between the Commission and US Bank, as Escrow Agent, and authorize the Executive Director to approve and execute the final Escrow Agreement; 9) Approve the estimated costs of issuance, including estimated underwriter's discount, of $3,723,592 to be paid from the proceeds of the 2020 Refunding Toll Bonds; 10) Approve Agreement No. 05-19-510-17, Amendment No. 17 to Agreement No. 05-19-510-00, with Orrick, Herrington, & Sutcliffe LLP (Orrick) for bond counsel services related to the issuance of the 2020 Refunding Toll Bonds for an additional amount of $325,000 and a total amount not to exceed $3,330,000; 11) Approve Agreement No. 09-19-072-15, Amendment No. 15 to Agreement No. 09-19-072-00, with Norton Rose Fulbright US LLP (Norton Rose) for disclosure counsel services related to the issuance of the 2020 Refunding Toll Bonds for an additional amount of $155,000 and a total amount not to exceed $1,022,600; and 12) Approve adjustments to the Fiscal Year 2019/20 budget in the amounts of $665,392,399 to increase sources related to the issuance of the 2020 Refunding Toll Bonds and $631,270,196 to increase uses related to the use of the proceeds of the 2020 Refunding Toll Bonds. BACKGROUND INFORMATION: As stewards of the Commission's local, state, and federal resources, staff is always seeking opportunities to advance more transportation projects in Riverside County (County) for the benefit of the traveling public and to get people working in the County and contributing to the local economy. During 2019 staff and financial team consultants retained by the Commission explored various ideas and identified possible financing alternatives to advance important projects. One concept related to the strong financial results from the RCTC 91 Express Lanes since its opening in March 2017 and availability of surplus toll revenues. Agenda Item 8 224 The Commission issued the 91 Express Lanes toll revenue debt in July 2013, including the execution of the 2013 TIFIA Loan, to partially finance the 91 Project in Corona. Net toll revenues, including certain pledged reserve funds, represent the security for the toll revenue debt under the Master Indenture, First Supplemental Indenture, and Second Supplemental Indenture (collectively, Master Indenture). The original amounts of the toll revenue debt and the amounts outstanding as of January 31, 2020, are summarized in the following table: Toll Revenue Bonds Original Amount Outstanding at January 31, 2020 Senior Lien Bonds: 2013 Series A Bonds (Current Interest Bonds) 2013 Series B Bonds (Capital Appreciation Bonds) Subordinate Lien Bonds: 2013 TIFIA Loan Total $ 123,825,000 $ 123,825,000 52,829,602 80,604,924 421,054,409 480,855,269 $ 597,709,011 $ 685,285,193 The outstanding amounts for the Commission's Toll Revenue Senior Lien Bonds, 2013 Series B (2013B Bonds) and the 2013 TIFIA Loan reflect the addition of compounded (or accreted) interest1. In addition to requirements for TIFIA approvals, reporting and administration, the 2013 TIFIA Loan agreement requires the Commission to use 50 percent of any surplus toll revenues to prepay the 2013 TIFIA Loan starting in June 2022. This "revenue sharing" with TIFIA may reduce the Commission's ability to use surplus toll revenues to fund additional SR-91 corridor projects. The 2013 TIFIA Loan agreement also imposes other conditions and restrictions on the Commission related to the financing and operation of the RCTC 91 Express Lanes. At its July 2019 meeting, the Commission authorized staff to continue to develop a plan of finance for the 2019-2029 Western County Highway Delivery Plan (Delivery Plan) eligible projects that includes, but is not limited to, the issuance of RCTC 91 Express Lanes surplus toll revenue bonds. In connection with that effort, staff in consultation with Fieldman, as the Commission's municipal advisor, evaluated refinancing opportunities related to the 91 Express Lanes toll revenue debt as a result of current low interest rates and favorable market conditions and investor demand. PROPOSED REFINANCING PLAN Based on a review of various financing alternatives and consideration of the current low interest rate environment and strong current investor demand for quality taxable and tax-exempt bonds, 1 In the case of the 2013B Bonds, the maturity value of the bonds includes the accreted interest since there are no current interest payment requirements with respect to those obligations. For the 2013 TIFIA Loan, interest payments are deferred until December 2021; therefore, the compounded interest is added to the principal balance. Agenda Item 8 225 staff and the financial team developed a refinancing plan that accomplishes several significant objectives of importance to the Commission: • Achieves debt service savings; • Refinances 2013 TIFIA Loan with toll revenue bonds —resulting in increased flexibility and ability, to the extent there are available surplus toll revenues, to fund and accelerate SR- 91 corridor projects included in the Delivery Plan, such as: o 15/91 Express Lanes Connector, o 91 Corridor Operations Project, and o 71/91 Interchange Project; • Eliminates 2013 TIFIA Loan covenants and administrative burden; and • Puts RCTC in greater control over the operation of the SR-91 corridor in Riverside County. The Commission has recent successful experience with refinancings of sales tax revenue bonds. In October 2016 and April 2018, the Commission refunded synthetic fixed-rate debt with proceeds from fixed rate debt. In December 2017 prior to enactment of federal tax reform legislation, the Commission advance refunded fixed rate bonds prior to their call date on a tax-exempt basis to achieve significant debt service savings; proceeds from such issuance were placed into an escrow account to pay debt service as refunded bonds mature through their call date. Each transaction was a sound financial move for the Commission, and staff anticipates similar results with this proposed refinancing. The proposed refinancing plan consists of the advance refunding of the outstanding 2013 Series A Toll Revenue Bonds with fixed rate taxable bonds and the current prepayment of the 2013 TIFIA Loan with fixed rate tax-exempt bonds. Since a refunding of the outstanding 2013B Bonds is not economically feasible at this time, those bonds will remain outstanding. The proposed refinancing of the 91 Express Lanes toll revenue debt does not preclude future issuances of toll revenue bonds to fund eligible projects. The proposed 2020 Refunding Toll Bonds are fixed rate bonds issued as both senior and second lien bonds with maturities currently projected through June 2048, which is three years earlier than the final maturity of the 2013 TIFIA Loan. A senior lien taxable series of the 2020 Refunding Toll Bonds will advance refund the tax-exempt 2013A Bonds; a senior lien and second lien tax- exempt series of the 2020 Refunding Toll Bonds will prepay on a current basis the 2013 TIFIA Loan. The issuance of refunding bonds such as sales tax revenue bonds is generally not considered a complex transaction requiring significant financial development and modeling. However, this toll revenue bond refinancing requires additional modeling for the following reasons: • Provide earlier access to potential surplus toll revenues; • Preserve the Commission's current debt ratings of A -/BBB (S&P Global Ratings/Fitch Ratings) on the 91 Express Lanes toll revenue bonds; and • Maintain conservative debt service coverage levels. Agenda Item 8 226 The financial team prepared a cash flow analysis (Attachment 1B) comparing the projected debt service on the existing outstanding toll revenue bonds, including the 2013 TIFIA Loan, and the issuance of the 2020 Refunding Toll Bonds. While actual results will vary depending on the specific market conditions at the bond sale date, the projected refinancing results shown in the analysis are: • An aggregate net present value savings of approximately $35 million; • An aggregate net present value savings of 5.7 percent of the refunded debt. The projected net present value savings percentage of this refunding meets the debt management policy threshold of 3 percent of the par value of the refunded bonds. Further, the refinancing provides the ability to amend provisions in the Master Indenture to provide the Commission with greater future flexibility, including but not limited to the following: • Provide greater flexibility to manage major repair and rehabilitation expenditures; • Remove the cap in permitted expenditures of the Capital Expenditures Fund and expand the definition of permitted expenditures to include SR-91 corridor projects; and • Other changes in definitions and certain terms. Such amendments require the consent of at least a majority of bondholders of the outstanding bonds following the issuance of the 2020 Refunding Toll Bonds. By their purchase of the 2020 Refunding Toll Bonds, the holders of the 2020 Refunding Toll Bonds representing more than a majority will have consented to the amendments. Staff recommends approval of the proposed refinancing plan to refund the 2013A bonds and prepay the 2013 TIFIA Loan. Refinancing Documents Draft documents for the issuance of the 2020 Refunding Toll Bonds were submitted to the rating agencies to obtain updated long-term debt ratings on the Commission's 91 Express Lanes toll revenue debt prior to the March Commission meeting. The proposed documents for this transaction will continue to be reviewed and revised for any matters that arise as a result of Commissioner input, rating agency reviews, and other matters. The preliminary official statement is expected to be posted within a few days of Commission approval, and the sale of bonds is currently scheduled for the week of March 30. Closing of this financing transaction is expected on April 23. The drafts of the documents for the proposed 2020 Refunding Toll Bonds attached for the Commission's adoption or approval consist of the following: Agenda Item 8 227 • Resolution No. 20-001 (draft) authorizing the issuance and sale of not to exceed $725 million aggregate principal amount of Riverside County Transportation Commission Toll Revenue Refunding Bonds in one or more series; the refunding of outstanding bonds; the execution and delivery of one or more supplemental indentures, one or more purchase contracts, one or more official statements, one or more continuing disclosure agreements and one or more escrow agreements; the adoption of a restated debt management policy; and the taking of all other actions necessary in connection with this transaction (Attachment 2); • Preliminary Official Statement (draft) for the 2020 Refunding Toll Bonds (Attachment 3); • Continuing Disclosure Agreement (draft) between the Commission and the dissemination agent for the 2020 Refunding Toll Bonds (Attachment 4); • Third Supplemental Indenture (draft) between the Commission and the trustee regarding the terms and conditions of the issuance of the senior lien 2020 Refunding Toll Bonds, including amendments to the Master Indenture (Attachment 5); • Fourth Supplemental Indenture (draft) between the Commission and the trustee regarding the terms and conditions of the issuance of the second lien 2020 Refunding Toll Bonds (Attachment 6); • Bond Purchase Agreement (draft) between the Commission and BofA on behalf of the Underwriters regarding the purchase of the 2020 Refunding Toll Bonds (Attachment 7); and • Escrow Agreement (draft) between the Commission and US Bank, as the escrow agent for the refunded bonds (Attachment 8). Additionally, in connection with the proposed refinancing plan, staff reviewed the debt management policy adopted in September 2016. To reflect best practices and comply with recent state law changes, staff prepared a draft restatement of the debt management policy. Staff recommends adoption of Resolution No. 20-001, including the restated debt management policy; approval of the proposed form of the Official Statement, Continuing Disclosure Agreement, Third Supplemental Indenture, Fourth Supplemental Indenture, Bond Purchase Agreement, and Escrow Agreement; and authorization for the Executive Director to approve and execute the final forms of such documents. As part of the action to authorize the issuance of the 2020 Refunding Toll Bonds, the Commission will approve the form of the Preliminary Official Statement and authorize its distribution in connection with the sale of the refunding bonds, as well as the preparation of a final Official Statement once the bonds have been priced. These offering documents are required under state and federal securities laws regulating the offer and sale of securities such as the 2020 Refunding Toll Bonds and requiring all matters that would be material to an investor in the bonds to have been adequately disclosed with no omission of material facts. Furthermore, under rules of the Securities and Exchange Commission, the underwriters cannot purchase the bonds unless they have received a substantially final offering document, which discloses all material information that they reasonably believe to be true and correct. Agenda Item 8 228 The Commissioners serving on the Board as the governing body of the issuer of the 2020 Refunding Toll Bonds are expected to read and be familiar with the information described in the draft Preliminary Official Statement included with this staff report. The Commissioners may employ the services of experts to take the lead in the drafting and review of the Official Statement and to provide financial projections included in the Official Statement; however, the Commissioners have the duty to review the information and bring to the attention of those responsible for the preparation of the offering document any material misstatements or omissions in the draft and to ask questions if they are unclear about the information or their role. Some members of the financing team will be available at the Commission meeting to respond to the identification of any misstatements or omissions or to such questions. Refinancing Schedule Staff and Fieldman have developed a base case financing schedule that calls for the refunding bonds to be priced at the end of March and for the transaction to close in late April. That schedule is driven in large part because of the exceedingly attractive rates and market environment for issuers, one of the most attractive markets ever in the municipal bond market. Two main factors contribute to the current strong market for issuers — historically low nominal interest rates and a sustained and record amount of cash inflows to municipal bond funds. The Commission's largest investors have so much cash coming into their funds every week that they are willing to accept very low yields to keep their money invested. Additionally, many issuers are refunding bonds, so these funds have even more reason to reinvest, and are using taxable rather than tax-exempt refunding bonds. Accordingly, the amount of tax-exempt bond supply is being limited. At the Commission's January workshop, staff was asked about the possibility of delaying the pricing. There are a number of factors to consider. First, staff realizes an attractive market and low rates exist now, but there is no way to predict whether rates will be higher or lower if the refunding is delayed. The Commission's 2013 TIFIA Loan accretes to a higher outstanding amount daily, which makes it more expensive to repay. On the other hand, as each day elapses the Commission gets closer to the June 1, 2023, call date for the Series 2013A bonds — making them slightly cheaper to refund. These factors will tend to offset each other, and the decision to delay is one of whether the Commission has conviction that interest rates and municipal market conditions will be better in the summer or fall than they are now. It is important to understand that current interest rates already reflect the market's expectation of future events. The market's expectation of potential Federal Reserve rate cuts, slower economic growth due to the Coronavirus, and similar future events are already reflected in bond yields and prices. If the Commission wants to take advantage of this market, and has a transaction that meets its objectives, staff is prepared to move forward on the current schedule. If the Commission has a conviction that market conditions will be better in the summer or fall, staff can adjust the schedule and delay the transaction. Agenda Item 8 229 Financing Team Development of the proposed refinancing plan required various professional services and investment banking firms. In December 2019, the Commission approved a pool of five investment banking firms to provide underwriting services to the Commission in connection with long-term debt financings. Finance staff, in consultation with Fieldman, selected BofA (bookrunner) and Goldman, as senior managers, and Wells, JPM, and Siebert, as co -managers, from this pool of qualified underwriters to participate in the negotiated debt sale process. BofA and Goldman served as senior managing underwriters in prior Commission financings and refundings. The other three firms (Wells, JPM, and Siebert) will serve as co -managers due to the size of the proposed transaction, as a larger group of underwriters yields additional benefits to the Commission in terms of selling the bonds. The estimated costs of issuance, including the underwriters' discount, are summarized in the table below: Role/Purpose Firm Professional Services: Bond counsel Disclosure counsel General counsel Municipal advisor Trustee/Escrow agent Rating agencies Dissemination agent Escrow verification agent Publication and printing Miscellaneous/Contingency Subtotal —Professional Fees Underwriter's discount Orrick Norton Rose Best Best & Krieger LLP Fieldman US Bank S&P Global Ratings, Fitch Ratings Digital Assurance Certification Causey, Demgen & Moore ImageMaster Various Amount $ 325,000 155,000 40,000 100,000 13,500 280,000 2,500 1,950 5,000 80,609 1,003,559 BofA (bookrunner) and Goldman, as senior managers; Wells Fargo, JPM, and Siebert, as co - managers 2,720,033 Total Estimated Costs of lssuanc 111 $ 3,723,592 The estimated costs of issuance include a contingency of $80,609 for any miscellaneous costs related to financial and legal services, financial analysis, and other financing process matters. In the following section, the estimated costs of issuance are disclosed as "Finance charge of the bonds" in accordance with state law. As the refinancing transaction and related process become more certain, the estimated costs used in the BofA analysis and the fee estimates will continue to be reconciled and adjusted as necessary in subsequent financial modeling iterations. Staff updated the financial model for the estimated costs as well as current interest rates prior to the March Commission meeting. Agenda Item 8 230 The total estimated costs of issuance represent approximately 0.56 percent of estimated bond proceeds of $665 million. This is below the Commission's debt management policy threshold of 2 percent. Staff recommends approval of the estimated costs of issuance of $3,723,592 for the 2020 Refunding Toll Bonds, as well as the execution of related agreements or amendments to agreements as the issuance of refunding bonds was not anticipated in the FY 2019/20 budget and/or there is not sufficient capacity in existing agreements for the additional fees. Required State Disclosures For bonds with a term greater than 13 months, California Government Code (Code) Section 5852.1 requires the governing body to obtain and disclose certain information in a public meeting. The information needs to come from a good faith estimate from an underwriter, municipal advisor or private lender. The information required by Code Section 5852.1 is disclosed below and can be found in a good faith estimate summary (Attachment 1A) provided by Fieldman, the Commission's municipal advisor, and the cash flow analysis prepared by BofA on behalf of the Underwriters (Attachment 1B). The good faith estimate and cash flow analysis assume the 2020 Refunding Toll Bonds are sold at an estimated $625.4 million principal amount of bonds issued (at par) based on market interest rates prevailing at the time of preparation of this information and an anticipated original issuance premium of $39,967,399. Required Information Amount BofA Analysis Page True interest cost of the bonds 3.27% 2 Finance charge of the bonds (sum of all fees and charges paid to third parties) $3,723,592 1 Amount of bond proceeds received by Commission less the finance charge and any reserves or capitalized interest, excluding release of debt service reserve funds $605,197,731 1 Total payment amount (sum of all debt service payments through the final maturity plus any amount of the finance charge not paid from proceeds of the bonds) $1,075,426,226 15 Agenda Item 8 231 Extension of Commercial Paper Program Letter of Credit Since 2005, the Commission maintains a commercial paper program, currently authorized at $60 million, to advance 2009 Measure A capital projects. The Commission has retired prior issuances of commercial paper notes with the proceeds of sales tax revenue bonds; however, commercial paper notes can be retired with other available funds. The credit and liquidity support for the commercial paper notes is an irrevocable direct pay letter of credit and reimbursement agreement with State Street Bank and Trust Company (State Street Bank), which expires in October 2020. Staff determined there is a continued need for the letter of credit and reimbursement agreement with State Street Bank, as it is an available tool to advance 2009 Measure A projects and retire commercial paper notes issued for such purposes with surplus toll revenues and/or other available state and federal funds. Accordingly, staff contacted State Street Bank regarding an extension of the letter of credit and reimbursement agreement. The bank submitted a proposal for a five-year extension with no change in fees. Prior resolutions adopted by the Commission provided for the Executive Director to take necessary actions related to commercial paper agreements. Resolution No. 20-001 includes the ratification, confirmation, and extension of this prior authorization relating to the extension of commercial paper program's letter of credit and reimbursement agreement for a five-year term expiring in October 2025. Fiscal Impact Staff recommends adjustments to the FY 2019/20 budget in the amounts of $665,392,399 to increase sources related to the issuance of the bonds and $631,270,196 to increase uses related to the use of the bond proceeds, except for the funding of capitalized interest and debt service reserves, as this transaction was not included in the FY 2019/20 budget. Agenda Item 8 232 Financial Information In Fiscal Year Budget: No Year: FY 2019/20 Amount: $665,392,399 (proceeds) $627,546,604 (debt service) $3,723,592 (issuance costs) Source of Funds: Toll revenue refunding bonds Budget Adjustment: Yes GL/Project Accounting No.: 591-31-59101 $625,425,000 (refunding bond proceeds) 591-31-59103 $39,967,399 (premium from bond proceeds 591-31-96101 $142,975,019 (payment to escrow agent for refunded bonds) 591-31-9XXXX $484,571,585 (prepayment of 2013 TIFIA Loan) 591-31-96103 $2,720,033 (costs of issuance related to underwriter's discount) 591-31-65XXX $1,003,559 (costs of issuance related to professional services) J ,4,1 Date: 02/18/2020 Attachments: Posted on Commission Website 1) 2020 Refinancing Sources and Uses of Funds Analysis as of February 19, 2020 2) Resolution No. 20-001 (draft), including Restated Debt Management Policy 3) Official Statement (draft) 4) Continuing Disclosure Agreement (draft) 5) Third Supplemental Indenture (draft) 6) Fourth Supplemental Indenture (draft) 7) Bond Purchase Agreement (draft) 8) Escrow Agreement (draft) 9) Orrick Agreement No. 05-19-510-17 (draft) 10) Norton Rose Agreement No. 09-19-072-15 (draft) Approved by the Budget and Implementation Committee on February 24, 2020 In Favor: 9 Abstain: 1 No: 0 Agenda Item 8 233 ATTACHMENT 1 Riverside County Transportation Commission 2020 Refunding Toll Bonds SB 450 Summary / Government Code 5852.1* A. True Interest Cost (TIC) of the Bonds B. Sum of all fees and charges paid to 3rd parties 3.27%1 $3,723,592 C. Bond Proceeds Net of Reserves, Capitalized Interest and 3rd Party Fees and Charges $605,197,731 Net proceeds 665,392,399 1 Less Reserve Fund (42,197,532) 1 Less Sum of all fees and charges paid to 3rd parties (3,723,592) 1 Less Capitalized Interest (14,273,544) 1 D. Total Payment Amount $1,075,426,226 Total Principal and Interest to Maturity 1,075,426,226 1 *Summary reflects good faith estimates as of 2/25/2020 and all costs associated with the financing; subject to change based on interest rates, market conditions, and other factors. Estimates do not impose any limitations or constraints upon authorized parameters, which differ from the estimates above Sources: 1 Preliminary Cash Flows (Sources and Uses) as of 2/19/2020 2 Costs of Issuance, including underwriters' discount FIELDMAN I ROLAPP & ASSOCIATES BofA SECURITIES ���� TABLE OF CONTENTS Riverside County Transportation Commission 91 Express Lanes Series 2020 Rates as of February 19, 2020 Report Page Sources and Uses of Funds Summary of Refunding Results Summary of Bonds Refunded Savings Bond Summary Statistics Bond Pricing Bond Debt Service Net Debt Service Escrow Cash Flow Escrow Cost Escrow Statistics Disclaimer 1 2 3 4 8 12 15 19 23 24 27 28 Feb 21, 2020 5:08 pm Prepared by BofA Securities BofA SECURITIES ���� Sources: SOURCES AND USES OF FUNDS Riverside County Transportation Commission 91 Express Lanes Series 2020 Rates as of February 19, 2020 Taxable Advance Refunding of Series 2013A Tax -Exempt Senior Current Refunding of TIFIA Loan Tax -Exempt Subordinate Current Refunding of TIFIA Loan Total Bond Proceeds: Par Amount Net Premium/OID Income: DSRF Release Other Sources of Funds: Funds on Hand 156,580,000.00 357,245,000.00 - 29,274,205.75 111,600,000.00 10,693,193.05 625,425,000.00 39,967,398.80 156,580,000.00 386,519,205.75 - 19,975,563.79 2,373,310.00 122,293,193.05 665,392,398.80 19,975,563.79 2,373,310.00 158,953,310.00 406,494,769.54 122,293,193.05 687,741,272.59 Uses: Taxable Advance Refunding of Series 2013A Tax -Exempt Senior Current Refunding of TIFIA Loan Tax -Exempt Subordinate Current Refunding of TIFIA Loan Total Refunding Escrow Deposits: Cash Deposit SLGS Purchases Other Fund Deposits: Capitalized Interest Fund Debt Service Reserve Fund Delivery Date Expenses: Cost of Issuance Underwriter's Discount Other Uses of Funds: Additional Proceeds 0.34 142,975,019.00 373,506,513.00 111,065,072.00 484,571,585.34 - 142,975,019.00 142,975,019.34 14,273,544.09 772,334.82 373,506,513.00 111,065,072.00 627,546,604.34 - - 14,273,544.09 30,867,117.31 10,558,079.58 42,197,531.71 15,045,878.91 250,357.76 681,123.00 30,867,117.31 10,558,079.58 56,471,075.80 571,203.58 1,554,015.75 178,438.66 484,894.50 1,000,000.00 2,720,033.25 931,480.76 930.99 2,125,219.33 663,333.16 3,720,033.25 -4,080.10 6,708.31 3,559.20 158,953,310.00 406,494,769.54 122,293,193.05 687,741,272.59 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 1 BofA SECURITIES SUMMARY OF REFUNDING RESULTS Riverside County Transportation Commission 91 Express Lanes Series 2020 Rates as of February 19, 2020 Dated Date 04/23/2020 Delivery Date 04/23/2020 Arbitrage yield 2.997283% Escrow yield 1.392536% Value of Negative Arbitrage 6,309,869.14 Bond Par Amount 625,425,000.00 True Interest Cost 3.273379% Net Interest Cost 3.399796% Average Coupon 3.706598% Average Life 19.412 Par amount of refunded bonds 608,396,585.00 Average coupon of refunded bonds 3.877512% Average life of refunded bonds 30.167 PV of prior debt to 04/23/2020 @ 3.000000% 718,914,465.72 Net PV Savings 35,065,499.14 Percentage savings of refunded bonds 5.763592% Percentage savings of refunding bonds 5.606667% Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 2 BofA SECURITIES Bond Maturity Date SUMMARY OF BONDS REFUNDED Riverside County Transportation Commission 91 Express Lanes Series 2020 Rates as of February 19, 2020 Interest Rate Par Amount Call Date Call Price Series 2013A, 2013A, SERIAL: 06/01/2044 Series 2013A, 2013A, TERM48: 06/01/2047 06/01/2048 SR-91 TIIFA Loan RF, TIFIARF, BOND: 06/01/2051 5.750% 39,315,000.00 06/01/2023 5.750% 5.750% 42,255,000.00 06/01/2023 42,255,000.00 06/01/2023 84,510,000.00 3.470% 484,571,585.00 04/23/2020 100.000 100.000 100.000 100.000 608,396,585.00 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 3 BofA SECURITIES SAVINGS Riverside County Transportation Commission 91 Express Lanes Series 2020 Rates as of February 19, 2020 Present Value Prior Prior Prior Refunding Refunding Refunding Refunding to 04/23/2020 Date Debt Service Receipts Net Cash Flow Debt Service Adjustments Receipts Net Cash Flow Savings @ 3.0000000% 06/01/2020 3,559,968.75 2,373,310.00 1,186,658.75 2,421,432.15 -26,544,180.00 06/01/2021 7,119,937.50 7,119,937.50 22,939,883.50 06/01/2022 16,644,977.50 16,644,977.50 22,939,883.50 06/01/2023 17,457,997.50 - 17,457,997.50 22,939,883.50 06/01/2024 18,357,727.50 18,357,727.50 22,939,883.50 06/01/2025 29,712,587.50 - 29,712,587.50 22,939,883.50 06/01/2026 34,533,267.50 34,533,267.50 26,564,883.50 06/01/2027 34,083,267.50 - 34,083,267.50 25,362,583.50 06/01/2028 33,720,227.50 33,720,227.50 24,159,833.50 06/01/2029 35,983,767.50 - 35,983,767.50 22,605,833.50 06/01/2030 32,905,457.50 32,905,457.50 37,840,833.50 06/01/2031 32,199,047.50 - 32,199,047.50 37,649,642.50 06/01/2032 48,097,247.50 48,097,247.50 37,249,526.50 06/01/2033 50,478,617.50 - 50,478,617.50 36,804,086.50 06/01/2034 60,083,987.50 60,083,987.50 46,248,037.50 06/01/2035 69,358,347.50 - 69,358,347.50 58,661,953.50 06/01/2036 72,715,217.50 72,715,217.50 59,983,820.00 06/01/2037 75,515,907.50 - 75,515,907.50 61,335,020.00 06/01/2038 77,976,757.50 77,976,757.50 62,715,620.00 06/01/2039 79,931,647.50 - 79,931,647.50 64,128,420.00 06/01/2040 16,434,927.50 16,434,927.50 65,574,170.00 06/01/2041 7,119,937.50 - 7,119,937.50 43,345,670.00 06/01/2042 7,119,937.50 7,119,937.50 36,247,070.00 06/01/2043 7,119,937.50 - 7,119,937.50 35,894,070.00 06/01/2044 46,434,937.50 46,434,937.50 71,696,070.00 06/01/2045 4,859,325.00 - 4,859,325.00 73,315,670.00 06/01/2046 4,859,325.00 4,859,325.00 10,811,670.00 06/01/2047 47,114,325.00 - 47,114,325.00 737,946.00 06/01/2048 44,684,662.50 44,684,662.50 19,372,946.00 4,601,285.33 3,948,167.88 3,426,073.88 2,668,602.20 - 41,425,196.89 772,334.82 -24,122,747.85 22,939,883.50 18,338,598.17 18,991,715.62 19,513,809.62 20,271,281.30 26,564,883.50 25,362,583.50 24,159,833.50 22,605,833.50 37,840,833.50 37,649,642.50 37,249,526.50 36,804,086.50 46,248,037.50 58,661,953.50 59,983,820.00 61,335,020.00 62,715,620.00 64,128,420.00 65,574,170.00 43,345,670.00 36,247,070.00 35,894,070.00 71,696,070.00 31,890,473.11 10,811,670.00 737,946.00 18,600,611.18 25,309,406.60 -15,819,946.00 -1,693,620.67 -1,533,718.12 -1,156,082.12 9,441,306.20 7,968,384.00 8,720,684.00 9,560,394.00 13,377,934.00 -4,935,376.00 -5,450,595.00 10,847,721.00 13,674,531.00 13,835,950.00 10,696,394.00 12,731,397.50 14,180,887.50 15,261,137.50 15,803,227.50 -49,139,242.50 -36,225,732.50 -29,127,132.50 -28,774,132.50 -25,261,132.50 -27,031,148.11 -5,952,345.00 46,376,379.00 26,084,051.32 25,305,833.63 -15,422,433.76 -1,608,120.01 -1,418,534.26 -1,043,693.86 8,150,467.96 6,719,316.39 7,129,308.29 7,578,687.86 10,268,640.24 -3,593,411.19 -3,859,172.71 7,705,944.16 9,401,881.50 9,246,148.38 6,999,993.40 8,082,009.06 8,738,817.47 9,138,392.61 9,205,848.47 -26,945,383.81 -19,334,713.40 -15,086,911.93 -14,462,723.41 -12,320,534.46 -12,795,956.49 -2,722,944.03 20,704,028.99 11,301,154.86 1,016,183,276.25 2,373,310.00 1,013,809,966.25 1,075,426,225.65 -26,544,180.00 56,841,661.00 992,040,384.65 21,769,581.60 35,061,939.93 Savings Summary PV of savings from cash flow 35,061,939.93 Plus: Refunding funds on hand 3,559.20 Net PV Savings 35,065,499.13 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 4 BofA SECURITIES r�� Date SAVINGS Riverside County Transportation Commission Taxable Advance Refunding of Series 2013A Rates as of February 19, 2020 Present Value Prior Prior Prior Refunding Refunding Refunding to 04/23/2020 Debt Service Receipts Net Cash Flow Debt Service Receipts Net Cash Flow Savings @ 3.0000000% 06/01/2020 3,559,968.75 2,373,310.00 1,186,658.75 568,066.59 568,066.59 618,592.16 609,202.92 06/01/2021 7,119,937.50 - 7,119,937.50 5,381,683.50 - 5,381,683.50 1,738,254.00 1,694,576.40 06/01/2022 7,119,937.50 7,119,937.50 5,381,683.50 4,601,285.33 780,398.17 6,339,539.33 5,993,436.27 06/01/2023 7,119,937.50 - 7,119,937.50 5,381,683.50 3,948,167.88 1,433,515.62 5,686,421.88 5,213,238.89 06/01/2024 7,119,937.50 7,119,937.50 5,381,683.50 3,426,073.88 1,955,609.62 5,164,327.88 4,591,347.18 06/01/2025 7,119,937.50 - 7,119,937.50 5,381,683.50 2,668,602.20 2,713,081.30 4,406,856.20 3,796,525.23 06/01/2026 7,119,937.50 7,119,937.50 7,606,683.50 - 7,606,683.50 -486,746.00 -394,960.95 06/01/2027 7,119,937.50 - 7,119,937.50 5,319,383.50 - 5,319,383.50 1,800,554.00 1,468,120.02 06/01/2028 7,119,937.50 7,119,937.50 5,319,383.50 5,319,383.50 1,800,554.00 1,425,047.94 06/01/2029 7,119,937.50 - 7,119,937.50 5,319,383.50 - 5,319,383.50 1,800,554.00 1,383,239.53 06/01/2030 7,119,937.50 7,119,937.50 20,554,383.50 20,554,383.50 -13,434,446.00 -9,933,381.06 06/01/2031 7,119,937.50 - 7,119,937.50 20,363,192.50 - 20,363,192.50 -13,243,255.00 -9,502,084.53 06/01/2032 7,119,937.50 7,119,937.50 19,963,076.50 19,963,076.50 -12,843,139.00 -8,941,726.29 06/01/2033 7,119,937.50 - 7,119,937.50 19,387,636.50 - 19,387,636.50 -12,267,699.00 -8,287,316.36 06/01/2034 7,119,937.50 7,119,937.50 28,580,487.50 28,580,487.50 -21,460,550.00 -14,081,619.36 06/01/2035 7,119,937.50 - 7,119,937.50 41,394,803.50 - 41,394,803.50 -34,274,866.00 -21,836,762.95 06/01/2036 7,119,937.50 7,119,937.50 1,121,670.00 1,121,670.00 5,998,267.50 3,741,041.10 06/01/2037 7,119,937.50 - 7,119,937.50 1,121,670.00 - 1,121,670.00 5,998,267.50 3,631,285.49 06/01/2038 7,119,937.50 7,119,937.50 1,121,670.00 1,121,670.00 5,998,267.50 3,524,749.93 06/01/2039 7,119,937.50 - 7,119,937.50 1,121,670.00 - 1,121,670.00 5,998,267.50 3,421,339.93 06/01/2040 7,119,937.50 7,119,937.50 1,121,670.00 1,121,670.00 5,998,267.50 3,320,963.80 06/01/2041 7,119,937.50 - 7,119,937.50 1,121,670.00 - 1,121,670.00 5,998,267.50 3,223,532.53 06/01/2042 7,119,937.50 7,119,937.50 1,121,670.00 1,121,670.00 5,998,267.50 3,128,959.72 06/01/2043 7,119,937.50 - 7,119,937.50 1,121,670.00 - 1,121,670.00 5,998,267.50 3,037,161.51 06/01/2044 46,434,937.50 46,434,937.50 1,121,670.00 1,121,670.00 45,313,267.50 22,126,934.60 06/01/2045 4,859,325.00 - 4,859,325.00 1,121,670.00 - 1,121,670.00 3,737,655.00 1,783,105.75 06/01/2046 4,859,325.00 4,859,325.00 10,811,670.00 10,811,670.00 -5,952,345.00 -2,722,944.03 06/01/2047 47,114,325.00 - 47,114,325.00 737,946.00 - 737,946.00 46,376,379.00 20,704,028.99 06/01/2048 44,684,662.50 44,684,662.50 19,372,946.00 772,334.82 18,600,611.18 26,084,051.32 11,301,154.86 315,271,106.25 2,373,310.00 312,897,796.25 243,424,160.09 15,416,464.11 228,007,695.98 84,890,100.27 33,418,197.06 Savings Summary PV of savings from cash flow Plus: Refunding funds on hand 33,418,197.06 930.99 Net PV Savings 33,419,128.05 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 5 BofA SECURITIES Date SAVINGS Riverside County Transportation Commission Tax -Exempt Senior Current Refunding ofTIFIA Loan Rates as of February 19, 2020 Present Value Prior Refunding Refunding Refunding Refunding to 04/23/2020 Debt Service Debt Service Adjustments Receipts Net Cash Flow Savings @ 3.0000000% 06/01/2020 - 1,382,302.78 -26,544,180.00 -25,161,877.22 25,161,877.22 25,166,215.19 06/01/2021 - 13,095,500.00 13,095,500.00 -13,095,500.00 -12,766,445.68 06/01/2022 9,525,040.00 13,095,500.00 13,095,500.00 -3,570,460.00 -3,378,629.75 06/01/2023 10,338,060.00 13,095,500.00 13,095,500.00 -2,757,440.00 -2,532,739.91 06/01/2024 11,237,790.00 13,095,500.00 13,095,500.00 -1,857,710.00 -1,656,266.27 06/01/2025 22,592,650.00 13,095,500.00 13,095,500.00 9,497,150.00 8,215,987.22 06/01/2026 27,413,330.00 14,495,500.00 14,495,500.00 12,917,830.00 10,863,016.20 06/01/2027 26,963,330.00 15,580,500.00 15,580,500.00 11,382,830.00 9,299,945.68 06/01/2028 26,600,290.00 14,377,750.00 14,377,750.00 12,222,540.00 9,685,642.55 06/01/2029 28,863,830.00 12,823,750.00 12,823,750.00 16,040,080.00 12,313,780.56 06/01/2030 25,785,520.00 12,823,750.00 12,823,750.00 12,961,770.00 9,667,767.05 06/01/2031 25,079,110.00 12,823,750.00 12,823,750.00 12,255,360.00 8,873,077.25 06/01/2032 40,977,310.00 12,823,750.00 12,823,750.00 28,153,560.00 19,783,068.47 06/01/2033 43,358,680.00 12,823,750.00 12,823,750.00 30,534,930.00 20,820,604.45 06/01/2034 52,964,050.00 12,823,750.00 12,823,750.00 40,140,300.00 26,532,265.55 06/01/2035 62,238,410.00 12,823,750.00 12,823,750.00 49,414,660.00 31,691,809.15 06/01/2036 65,595,280.00 54,418,750.00 54,418,750.00 11,176,530.00 7,112,258.51 06/01/2037 68,395,970.00 55,769,950.00 55,769,950.00 12,626,020.00 7,797,517.70 06/01/2038 70,856,820.00 57,150,550.00 57,150,550.00 13,706,270.00 8,224,708.94 06/01/2039 72,811,710.00 58,563,350.00 58,563,350.00 14,248,360.00 8,318,970.68 06/01/2040 9,314,990.00 60,009,100.00 60,009,100.00 -50,694,110.00 -27,806,242.16 06/01/2041 - 4,440,600.00 4,440,600.00 -4,440,600.00 -2,386,425.50 06/01/2042 - 4,440,600.00 4,440,600.00 -4,440,600.00 -2,316,411.95 06/01/2043 - 4,440,600.00 4,440,600.00 -4,440,600.00 -2,248,452.48 06/01/2044 - 58,205,600.00 - 58,205,600.00 -58,205,600.00 -28,410,450.20 06/01/2045 - 61,430,000.00 - 30,867,117.31 30,562,882.69 -30,562,882.69 -14,480,085.78 700,912,170.00 619,948,902.78 -26,544,180.00 30,867,117.31 562,537,605.47 138,374,564.53 126,384,485.44 Savings Summary PV of savings from cash flow Plus: Refunding funds on hand 126,384,485.44 -4,080.10 Net PV Savings 126,380,405.34 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 6 BofA SECURITIES Date SAVINGS Riverside County Transportation Commission Tax -Exempt Subordinate Current Refunding of TIFIA Loan Rates as of February 19, 2020 Present Value Prior Refunding Refunding Refunding to 04/23/2020 Net Cash Flow Debt Service Receipts Net Cash Flow Savings @ 3.0000000% 06/01/2020 - 471,062.78 06/01/2021 - 4,462,700.00 06/01/2022 - 4,462,700.00 06/01/2023 - 4,462,700.00 06/01/2024 - 4,462,700.00 06/01/2025 - 4,462,700.00 06/01/2026 - 4,462,700.00 06/01/2027 - 4,462,700.00 06/01/2028 - 4,462,700.00 06/01/2029 - 4,462,700.00 06/01/2030 - 4,462,700.00 06/01/2031 - 4,462,700.00 06/01/2032 - 4,462,700.00 06/01/2033 - 4,592,700.00 06/01/2034 - 4,843,800.00 06/01/2035 - 4,443,400.00 06/01/2036 - 4,443,400.00 06/01/2037 - 4,443,400.00 06/01/2038 - 4,443,400.00 06/01/2039 - 4,443,400.00 06/01/2040 - 4,443,400.00 06/01/2041 - 37,783,400.00 06/01/2042 - 30,684,800.00 06/01/2043 - 30,331,800.00 06/01/2044 - 12,368,800.00 06/01/2045 - 10,764,000.00 10,558,079.58 471,062.78 4,462,700.00 4,462,700.00 4,462,700.00 4,462,700.00 4,462,700.00 4,462,700.00 4,462,700.00 4,462,700.00 4,462,700.00 4,462,700.00 4,462,700.00 4,462,700.00 4,592,700.00 4,843,800.00 4,443,400.00 4,443,400.00 4,443,400.00 4,443,400.00 4,443,400.00 4,443,400.00 37,783,400.00 30,684,800.00 30,331,800.00 12,368,800.00 205,920.42 -471,062.78 - 4,462,700.00 - 4,462,700.00 -4,462,700.00 -4,462,700.00 -4,462,700.00 - 4,462,700.00 - 4,462,700.00 -4,462,700.00 - 4,462,700.00 - 4,462,700.00 -4,462,700.00 -4,462,700.00 -4,592,700.00 - 4,843,800.00 -4,443,400.00 -4,443,400.00 -4,443,400.00 - 4,443,400.00 -4,443,400.00 -4,443,400.00 -37,783,400.00 -30,684,800.00 -30,331,800.00 -12,368,800.00 -205,920.42 -469,584.48 -4,350,564.48 - 4,222,926.53 -4,099,033.25 -3,978,774.78 -3,862,044.48 - 3,748,738.85 -3,638,757.41 -3,532,002.63 -3,428,379.85 - 3,327,797.18 -3,230,165.43 -3,135,398.02 -3,131,406.58 - 3,204,497.81 -2,855,052.80 -2,771,290.55 -2,689,985.73 - 2,611,066.25 -2,534,462.13 -2,460,105.44 -20,171,820.43 -15,899,459.70 -15,251,432.45 -6,037,018.85 -98,976.47 0.00 212,053,162.78 10,558,079.58 201,495,083.20 -201,495,083.20 -124,740,742.56 Savings Summary PV of savings from cash flow Plus: Refunding funds on hand -124,740,742.56 6,708.31 Net PV Savings -124,734,034.25 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 7 BofA SECURITIES Bond Component BOND SUMMARY STATISTICS Riverside County Transportation Commission 91 Express Lanes Series 2020 Rates as of February 19, 2020 Dated Date 04/23/2020 Delivery Date 04/23/2020 Last Maturity 06/01/2048 Arbitrage Yield 2.997283% True Interest Cost (TIC) 3.273379% Net Interest Cost (NIC) 3.399796% All -In TIC 3.284285% Average Coupon 3.706598% Average Life (years) 19.412 Duration of Issue (years) 14.077 Par Amount 625,425,000.00 Bond Proceeds 665,392,398.80 Total Interest 450,001,225.65 Net Interest 412,753,860.10 Total Debt Service 1,075,426,225.65 Maximum Annual Debt Service 73,315,670.00 Average Annual Debt Service 38,263,830.92 Underwriter's Fees (per $1000) Average Takedown Other Fee 4.349096 Total Underwriter's Discount 4.349096 Bid Price 105.955529 Par Average Average PV of 1 by Value Price Coupon Life change Serial - 3% Coupon 130,000.00 104.257 3.000% 13.106 118.30 Serial 255,675,000.00 106.797 3.721% 14.839 254,196.05 Serial - 3% Coupons 117,305,000.00 100.872 3.000% 19.460 102,688.90 Term 2045 216,430,000.00 110.022 4.000% 23.544 200,169.05 Term 2045 - 3% Coupon 7,560,000.00 98.262 3.000% 25.106 13,003.20 Term 2050 28,325,000.00 100.000 3.960% 27.421 49,568.75 625,425,000.00 19.412 619,744.25 Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts Target Value TIC 625,425,000.00 39,967,398.80 -2,720,033.25 662,672,365.55 All -In Arbitrage TIC Yield 625,425,000.00 625,425,000.00 39,967,398.80 -2,720,033.25 -1,000,000.00 39,967,398.80 661,672,365.55 665,392,398.80 Target Date 04/23/2020 04/23/2020 04/23/2020 Yield 3.273379% 3.284285% 2.997283% Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 8 BofA SECURITIES ���� Bond Component BOND SUMMARY STATISTICS Riverside County Transportation Commission Taxable Advance Refunding of Series 2013A Rates as of February 19, 2020 Dated Date 04/23/2020 Delivery Date 04/23/2020 Last Maturity 06/01/2048 Arbitrage Yield 2.997283% True Interest Cost (TIC) 3.547221% Net Interest Cost (NIC) 3.568480% All -In TIC 3.560930% Average Coupon 3.540710% Average Life (years) 15.664 Duration of Issue (years) 11.935 Par Amount 156,580,000.00 Bond Proceeds 156,580,000.00 Total Interest 86,844,160.09 Net Interest 87,525,283.09 Total Debt Service 243,424,160.09 Maximum Annual Debt Service 41,394,803.50 Average Annual Debt Service 8,661,069.15 Underwriter's Fees (per $1000) Average Takedown Other Fee 4.350000 Total Underwriter's Discount 4.350000 Bid Price 99.565000 Par Average Average PV of 1 bp Value Price Coupon Life change Serial 128,255,000.00 100.000 3.346% 13.068 134,222.20 Term 2050 28,325,000.00 100.000 3.960% 27.421 49,568.75 156,580,000.00 15.664 183,790.95 Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts TIC 156,580,000.00 -681,123.00 All -In Arbitrage TIC Yield 156,580,000.00 156,580,000.00 -681,123.00 -250,357.76 Target Value 155,898,877.00 155,648,519.24 156,580,000.00 Target Date 04/23/2020 04/23/2020 04/23/2020 Yield 3.547221% 3.560930% 2.997283% Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 9 BofA SECURITIES Bond Component BOND SUMMARY STATISTICS Riverside County Transportation Commission Tax -Exempt Senior Current Refunding ofTIFIA Loan Rates as of February 19, 2020 Dated Date 04/23/2020 Delivery Date 04/23/2020 Last Maturity 06/01/2045 Arbitrage Yield 2.997283% True Interest Cost (TIC) 3.131510% Net Interest Cost (NIC) 3.274551% All -In TIC 3.141873% Average Coupon 3.660838% Average Life (years) 20.087 Duration of Issue (years) 14.557 Par Amount 357,245,000.00 Bond Proceeds 386,519,205.75 Total lnterest 262,703,902.78 Net Interest 234,983,712.78 Total Debt Service 619,948,902.78 Maximum Annual Debt Service 61,430,000.00 Average Annual Debt Service 24,693,693.85 Underwriter's Fees (per $1000) Average Takedown Other Fee 4.350000 Total Underwriter's Discount 4.350000 Bid Price 107.759434 Par Average Average PV of 1 by Value Price Coupon Life change Serial 127,035,000.00 113.638 4.018% 16.630 119,604.25 Serial - 3% Coupons 117,305,000.00 100.872 3.000% 19.460 102,688.90 Term 2045 105,345,000.00 110.496 4.000% 24.595 97,970.85 Term 2045 - 3% Coupon 7,560,000.00 98.262 3.000% 25.106 13,003.20 357,245,000.00 20.087 333,267.20 Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts Target Value TIC 357,245,000.00 29,274,205.75 -1,554,015.75 384,965,190.00 All -In Arbitrage TIC Yield 357,245,000.00 357,245,000.00 29,274,205.75 -1,554,015.75 -571,203.58 29,274,205.75 384,393,986.42 386,519,205.75 Target Date 04/23/2020 04/23/2020 04/23/2020 Yield 3.131510% 3.141873% 2.997283% Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 10 BofA SECURITIES Bond Component BOND SUMMARY STATISTICS Riverside County Transportation Commission Tax -Exempt Subordinate Current Refunding of TIFIA Loan Rates as of February 19, 2020 Dated Date 04/23/2020 Delivery Date 04/23/2020 Last Maturity 06/01/2045 Arbitrage Yield 2.997283% True Interest Cost (TIC) 3.413200% Net Interest Cost (NIC) 3.592901% All -In TIC 3.422892% Average Coupon 3.999322% Average Life (years) 22.507 Duration of Issue (years) 15.387 Par Amount 111,600,000.00 Bond Proceeds 122,293,193.05 Total Interest 100,453,162.78 Net Interest 90,244,864.23 Total Debt Service 212,053,162.78 Maximum Annual Debt Service 37,783,400.00 Average Annual Debt Service 8,446,463.66 Underwriter's Fees (per $1000) Average Takedown Other Fee 4.344933 Total Underwriter's Discount 4.344933 Bid Price 109.147221 Par Average Average PV of 1 bp Value Price Coupon Life change Serial - 3% Coupon 130,000.00 104.257 3.000% 13.106 118.30 Serial 385,000.00 113.894 4.000% 14.106 369.60 Term 2045 111,085,000.00 109.573 4.000% 22.547 102,198.20 111,600,000.00 22.507 102,686.10 Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts TIC 111,600,000.00 All -In Arbitrage TIC Yield 111, 600, 000.00 111, 600, 000.00 10,693,193.05 10,693,193.05 -484,894.50 -484,894.50 -178,438.66 10,693,193.05 Target Value 121,808,298.55 121,629,859.89 122,293,193.05 Target Date 04/23/2020 04/23/2020 04/23/2020 Yield 3.413200% 3.422892% 2.997283% Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 11 BofA SECURITIES ���� Bond Component Maturity Date BOND PRICING Riverside County Transportation Commission Taxable Advance Refunding of Series 2013A Rates as of February 19, 2020 Amount Rate Yield Price Takedown Serial: Term 2050: 06/01/2026 2,225,000 2.800% 2.800% 100.000 4.350 06/01/2030 15,235,000 3.060% 3.060% 100.000 4.350 06/01/2031 15,510,000 3.160% 3.160% 100.000 4.350 06/01/2032 15,600,000 3.240% 3.240% 100.000 4.350 06/01/2033 15,530,000 3.330% 3.330% 100.000 4.350 06/01/2034 25,240,000 3.410% 3.410% 100.000 4.350 06/01/2035 38,915,000 3.490% 3.490% 100.000 4.350 128,255,000 06/01/2046 9,690,000 3.960% 3.960% 100.000 4.350 06/01/2048 18,635,000 3.960% 3.960% 100.000 4.350 06/01/2050 3.960% 3.960% 100.000 4.350 28,325,000 156,580,000 Dated Date 04/23/2020 Delivery Date 04/23/2020 First Coupon 06/01/2020 Par Amount 156,580,000.00 Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest 156, 580,000.00 100.000000% -681,123.00 -0.435000% 155,898,877.00 99.565000% Net Proceeds 155,898,877.00 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 12 BofA SECURITIES .�� Bond Component BOND PRICING Riverside County Transportation Commission Tax -Exempt Senior Current Refunding ofTIFIA Loan Rates as of February 19, 2020 Maturity Yield to Call Call Premium Date Amount Rate Yield Price Maturity Date Price (-Discount) Takedown Serial: Term 2045: Serial - 3% Coupons: Term 2045 - 3% Coupon: 06/01/2026 1,400,000 5.000% 1.540% 120.087 - - 281,218.00 4.350 06/01/2027 2,555,000 5.000% 1.630% 122.522 - - - 575,437.10 4.350 06/01/2028 1,480,000 5.000% 1.730% 124.629 - 364,509.20 4.350 06/01/2036 41,595,000 4.000% 2.470% 113.606 C 2.934% 06/01/2030 100.000 5,659,415.70 4.350 06/01/2037 44,610,000 4.000% 2.510% 113.224 C 3.005% 06/01/2030 100.000 5,899,226.40 4.350 06/01/2038 35,395,000 4.000% 2.550% 112.843 C 3.070% 06/01/2030 100.000 4,545,779.85 4.350 127,035,000 17,325,586.25 06/01/2044 53,765,000 4.000% 2.800% 110.496 C 3.361% 06/01/2030 100.000 5,643,174.40 4.350 06/01/2045 51,580,000 4.000% 2.800% 110.496 C 3.377% 06/01/2030 100.000 5,413,836.80 4.350 105,345,000 11,057,011.20 06/01/2038 12,380,000 3.000% 2.850% 101.307 C 2.907% 06/01/2030 100.000 161,806.60 4.350 06/01/2039 50,975,000 3.000% 2.890% 100.956 C 2.934% 06/01/2030 100.000 487,321.00 4.350 06/01/2040 53,950,000 3.000% 2.920% 100.693 C 2.954% 06/01/2030 100.000 373,873.50 4.350 117,305,000 1,023,001.10 06/01/2045 7,560,000 3.000% 3.100% 98.262 -131,392.80 4.350 357,245,000 29,274,205.75 Dated Date 04/23/2020 Delivery Date 04/23/2020 First Coupon 06/01/2020 Par Amount 357,245,000.00 Premium 29,274,205.75 Production Underwriter's Discount Purchase Price Accrued Interest 3 86, 519, 205.75 108.194434 % -1,554,015.75 -0.435000% 384,965,190.00 107.759434% Net Proceeds 384,965,190.00 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 13 BofA SECURITIES Bond Component BOND PRICING Riverside County Transportation Commission Tax -Exempt Subordinate Current Refunding of TIFIA Loan Rates as of February 19, 2020 Maturity Yield to Call Call Premium Date Amount Rate Yield Price Maturity Date Price (-Discount) Takedown Serial: Term 2045: Serial - 3% Coupon: 06/01/2034 385,000 4.000% 2.440% 113.894 C 2.801% 06/01/2030 100.000 53,491.90 4.350 06/01/2041 33,340,000 4.000% 2.900% 109.573 C 3.363% 06/01/2030 100.000 3,191,638.20 4.350 06/01/2042 27,575,000 4.000% 2.900% 109.573 C 3.381% 06/01/2030 100.000 2,639,754.75 4.350 06/01/2043 28,325,000 4.000% 2.900% 109.573 C 3.398% 06/01/2030 100.000 2,711,552.25 4.350 06/01/2044 11,495,000 4.000% 2.900% 109.573 C 3.414% 06/01/2030 100.000 1,100,416.35 4.350 06/01/2045 10,350,000 4.000% 2.900% 109.573 C 3.428% 06/01/2030 100.000 990,805.50 4.350 111,085,000 10,634,167.05 06/01/2033 130,000 3.000% 2.520% 104.257 C 2.614% 06/01/2030 100.000 5,534.10 111,600,000 10,693,193.05 Dated Date 04/23/2020 Delivery Date 04/23/2020 First Coupon 06/01/2020 Par Amount 111,600,000.00 Premium 10,693,193.05 Production Underwriter's Discount Purchase Price Accrued Interest 12 2, 293,19 3.05 109.581714% -484,894.50 -0.434493% 121,808, 298.55 109.147221% Net Proceeds 121,808,298.55 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 14 BofA SECURITIES BOND DEBT SERVICE Riverside County Transportation Commission 91 Express Lanes Series 2020 Rates as of February 19, 2020 Period Ending Principal Coupon Interest Debt Service 06/01/2020 - - 2,421,432.15 2,421,432.15 06/01/2021 - - 22,939,883.50 22,939,883.50 06/01/2022 - - 22,939,883.50 22,939,883.50 06/01/2023 - - 22,939,883.50 22,939,883.50 06/01/2024 - - 22,939,883.50 22,939,883.50 06/01/2025 - - 22,939,883.50 22,939,883.50 06/01/2026 3,625,000 ** % 22,939,883.50 26,564,883.50 06/01/2027 2,555,000 5.000% 22,807,583.50 25,362,583.50 06/01/2028 1,480,000 5.000% 22,679,833.50 24,159,833.50 06/01/2029 - - 22,605,833.50 22,605,833.50 06/01/2030 15,235,000 3.060% 22,605,833.50 37,840,833.50 06/01/2031 15,510,000 3.160% 22,139,642.50 37,649,642.50 06/01/2032 15,600,000 3.240% 21,649,526.50 37,249,526.50 06/01/2033 15,660,000 ** % 21,144,086.50 36,804,086.50 06/01/2034 25,625,000 ** % 20,623,037.50 46,248,037.50 06/01/2035 38,915,000 3.490% 19,746,953.50 58,661,953.50 06/01/2036 41,595,000 4.000% 18,388,820.00 59,983,820.00 06/01/2037 44,610,000 4.000% 16,725,020.00 61,335,020.00 06/01/2038 47,775,000 ** % 14,940,620.00 62,715,620.00 06/01/2039 50,975,000 3.000% 13,153,420.00 64,128,420.00 06/01/2040 53,950,000 3.000% 11,624,170.00 65,574,170.00 06/01/2041 33,340,000 4.000% 10,005,670.00 43,345,670.00 06/01/2042 27,575,000 4.000% 8,672,070.00 36,247,070.00 06/01/2043 28,325,000 4.000% 7,569,070.00 35,894,070.00 06/01/2044 65,260,000 4.000% 6,436,070.00 71,696,070.00 06/01/2045 69,490,000 ** % 3,825,670.00 73,315,670.00 06/01/2046 9,690,000 3.960% 1,121,670.00 10,811,670.00 06/01/2047 - - 737,946.00 737,946.00 06/01/2048 18,635,000 3.960% 737,946.00 19,372,946.00 625,425,000 450,001,225.65 1,075,426,225.65 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 15 BofA SECURITIES BOND DEBT SERVICE Riverside County Transportation Commission Taxable Advance Refunding of Series 2013A Rates as of February 19, 2020 Period Ending Principal Coupon Interest Debt Service 06/01/2020 - 568,066.59 568,066.59 06/01/2021 5,381,683.50 5,381,683.50 06/01/2022 5,381,683.50 5,381,683.50 06/01/2023 - - 5,381,683.50 5,381,683.50 06/01/2024 5,381,683.50 5,381,683.50 06/01/2025 - 5,381,683.50 5,381,683.50 06/01/2026 2,225,000 2.800% 5,381,683.50 7,606,683.50 06/01/2027 - - 5,319,383.50 5,319,383.50 06/01/2028 5,319,383.50 5,319,383.50 06/01/2029 - 5,319,383.50 5,319,383.50 06/01/2030 15,235,000 3.060% 5,319,383.50 20,554,383.50 06/01/2031 15,510,000 3.160% 4,853,192.50 20,363,192.50 06/01/2032 15,600,000 3.240% 4,363,076.50 19,963,076.50 06/01/2033 15,530,000 3.330% 3,857,636.50 19,387,636.50 06/01/2034 25,240,000 3.410% 3,340,487.50 28,580,487.50 06/01/2035 38,915,000 3.490% 2,479,803.50 41,394,803.50 06/01/2036 - 1,121,670.00 1,121,670.00 06/01/2037 1,121,670.00 1,121,670.00 06/01/2038 1,121,670.00 1,121,670.00 06/01/2039 - - 1,121,670.00 1,121,670.00 06/01/2040 1,121,670.00 1,121,670.00 06/01/2041 1,121,670.00 1,121,670.00 06/01/2042 1,121,670.00 1,121,670.00 06/01/2043 - - 1,121,670.00 1,121,670.00 06/01/2044 - 1,121,670.00 1,121,670.00 06/01/2045 - 1,121,670.00 1,121,670.00 06/01/2046 9,690,000 3.960% 1,121,670.00 10,811,670.00 06/01/2047 - - 737,946.00 737,946.00 06/01/2048 18,635,000 3.960% 737,946.00 19,372,946.00 156,580,000 86,844,160.09 243,424,160.09 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 16 BofA SECURITIES ��7 BOND DEBT SERVICE Riverside County Transportation Commission Tax -Exempt Senior Current Refunding of TIFIA Loan Rates as of February 19, 2020 Period Ending Principal Coupon Interest Debt Service 06/01/2020 - 1,382,302.78 1,382,302.78 06/01/2021 - 13,095,500.00 13,095,500.00 06/01/2022 - 13,095,500.00 13,095,500.00 06/01/2023 - - 13,095,500.00 13,095,500.00 06/01/2024 - 13,095,500.00 13,095,500.00 06/01/2025 - 13,095,500.00 13,095,500.00 06/01/2026 1,400,000 5.000% 13,095,500.00 14,495,500.00 06/01/2027 2,555,000 5.000% 13,025,500.00 15,580,500.00 06/01/2028 1,480,000 5.000% 12,897,750.00 14,377,750.00 06/01/2029 - 12,823,750.00 12,823,750.00 06/01/2030 - - 12,823,750.00 12,823,750.00 06/01/2031 - - 12,823,750.00 12,823,750.00 06/01/2032 - 12,823,750.00 12,823,750.00 06/01/2033 - 12,823,750.00 12,823,750.00 06/01/2034 - 12,823,750.00 12,823,750.00 06/01/2035 - - 12,823,750.00 12,823,750.00 06/01/2036 41,595,000 4.000% 12,823,750.00 54,418,750.00 06/01/2037 44,610,000 4.000% 11,159,950.00 55,769,950.00 06/01/2038 47,775,000 ** % 9,375,550.00 57,150,550.00 06/01/2039 50,975,000 3.000% 7,588,350.00 58,563,350.00 06/01/2040 53,950,000 3.000% 6,059,100.00 60,009,100.00 06/01/2041 - 4,440,600.00 4,440,600.00 06/01/2042 - 4,440,600.00 4,440,600.00 06/01/2043 - - 4,440,600.00 4,440,600.00 06/01/2044 53,765,000 4.000% 4,440,600.00 58,205,600.00 06/01/2045 59,140,000 ** % 2,290,000.00 61,430,000.00 357,245,000 262,703,902.78 619,948,902.78 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 17 BofA SECURITIES ���� BOND DEBT SERVICE Riverside County Transportation Commission Tax -Exempt Subordinate Current Refunding of TIFIA Loan Rates as of February 19, 2020 Period Ending Principal Coupon Interest Debt Service 06/01/2020 - 471,062.78 471,062.78 06/01/2021 - 4,462,700.00 4,462,700.00 06/01/2022 - 4,462,700.00 4,462,700.00 06/01/2023 - - 4,462,700.00 4,462,700.00 06/01/2024 - 4,462,700.00 4,462,700.00 06/01/2025 - 4,462,700.00 4,462,700.00 06/01/2026 - 4,462,700.00 4,462,700.00 06/01/2027 - - 4,462,700.00 4,462,700.00 06/01/2028 - 4,462,700.00 4,462,700.00 06/01/2029 - 4,462,700.00 4,462,700.00 06/01/2030 - 4,462,700.00 4,462,700.00 06/01/2031 - - 4,462,700.00 4,462,700.00 06/01/2032 - 4,462,700.00 4,462,700.00 06/01/2033 130,000 3.000% 4,462,700.00 4,592,700.00 06/01/2034 385,000 4.000% 4,458,800.00 4,843,800.00 06/01/2035 - - 4,443,400.00 4,443,400.00 06/01/2036 - 4,443,400.00 4,443,400.00 06/01/2037 - 4,443,400.00 4,443,400.00 06/01/2038 - 4,443,400.00 4,443,400.00 06/01/2039 - - 4,443,400.00 4,443,400.00 06/01/2040 - 4,443,400.00 4,443,400.00 06/01/2041 33,340,000 4.000% 4,443,400.00 37,783,400.00 06/01/2042 27,575,000 4.000% 3,109,800.00 30,684,800.00 06/01/2043 28,325,000 4.000% 2,006,800.00 30,331,800.00 06/01/2044 11,495,000 4.000% 873,800.00 12,368,800.00 06/01/2045 10,350,000 4.000% 414,000.00 10,764,000.00 111,600,000 100,453,162.78 212,053,162.78 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 18 BofA SECURITIES ���� NET DEBT SERVICE Riverside County Transportation Commission 91 Express Lanes Series 2020 Rates as of February 19, 2020 Period Total Capitalized Debt Service Net Ending Debt Service Interest Fund Reserve Fund Debt Service 06/01/2020 2,421,432.15 - - 2,421,432.15 06/01/2021 22,939,883.50 - - 22,939,883.50 06/01/2022 22,939,883.50 4,601,285.33 - 18,338,598.17 06/01/2023 22,939,883.50 3,948,167.88 - 18,991,715.62 06/01/2024 22,939,883.50 3,426,073.88 - 19,513,809.62 06/01/2025 22,939,883.50 2,668,602.20 - 20,271,281.30 06/01/2026 26,564,883.50 - - 26,564,883.50 06/01/2027 25,362,583.50 - - 25,362,583.50 06/01/2028 24,159,833.50 - - 24,159,833.50 06/01/2029 22,605,833.50 - - 22,605,833.50 06/01/2030 37,840,833.50 - - 37,840,833.50 06/01/2031 37,649,642.50 - - 37,649,642.50 06/01/2032 37,249,526.50 - - 37,249,526.50 06/01/2033 36,804,086.50 - - 36,804,086.50 06/01/2034 46,248,037.50 - - 46,248,037.50 06/01/2035 58,661,953.50 - - 58,661,953.50 06/01/2036 59,983,820.00 - - 59,983,820.00 06/01/2037 61,335,020.00 - - 61,335,020.00 06/01/2038 62,715,620.00 - - 62,715,620.00 06/01/2039 64,128,420.00 - - 64,128,420.00 06/01/2040 65,574,170.00 - - 65,574,170.00 06/01/2041 43,345,670.00 - - 43,345,670.00 06/01/2042 36,247,070.00 - - 36,247,070.00 06/01/2043 35,894,070.00 - - 35,894,070.00 06/01/2044 71,696,070.00 - - 71,696,070.00 06/01/2045 73,315,670.00 - 41,425,196.89 31,890,473.11 06/01/2046 10,811,670.00 - - 10,811,670.00 06/01/2047 737,946.00 - - 737,946.00 06/01/2048 19,372,946.00 - 772,334.82 18,600,611.18 1,075,426,225.65 14,644,129.29 42,197,531.71 1,018,584,564.65 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 19 BofA SECURITIES ���� NET DEBT SERVICE Riverside County Transportation Commission Taxable Advance Refunding of Series 2013A Rates as of February 19, 2020 Period Total Capitalized Debt Service Net Ending Debt Service Interest Fund Reserve Fund Debt Service 06/01/2020 568,066.59 - - 568,066.59 06/01/2021 5,381,683.50 - - 5,381,683.50 06/01/2022 5,381,683.50 4,601,285.33 - 780,398.17 06/01/2023 5,381,683.50 3,948,167.88 - 1,433,515.62 06/01/2024 5,381,683.50 3,426,073.88 - 1,955,609.62 06/01/2025 5,381,683.50 2,668,602.20 - 2,713,081.30 06/01/2026 7,606,683.50 - - 7,606,683.50 06/01/2027 5,319,383.50 - - 5,319,383.50 06/01/2028 5,319,383.50 - - 5,319,383.50 06/01/2029 5,319,383.50 - - 5,319,383.50 06/01/2030 20,554,383.50 - - 20,554,383.50 06/01/2031 20,363,192.50 - - 20,363,192.50 06/01/2032 19,963,076.50 - - 19,963,076.50 06/01/2033 19,387,636.50 - - 19,387,636.50 06/01/2034 28,580,487.50 - - 28,580,487.50 06/01/2035 41,394,803.50 - - 41,394,803.50 06/01/2036 1,121,670.00 - - 1,121,670.00 06/01/2037 1,121,670.00 - - 1,121,670.00 06/01/2038 1,121,670.00 - - 1,121,670.00 06/01/2039 1,121,670.00 - - 1,121,670.00 06/01/2040 1,121,670.00 - - 1,121,670.00 06/01/2041 1,121,670.00 - - 1,121,670.00 06/01/2042 1,121,670.00 - - 1,121,670.00 06/01/2043 1,121,670.00 - - 1,121,670.00 06/01/2044 1,121,670.00 - - 1,121,670.00 06/01/2045 1,121,670.00 - - 1,121,670.00 06/01/2046 10,811,670.00 - - 10,811,670.00 06/01/2047 737,946.00 - - 737,946.00 06/01/2048 19,372,946.00 - 772,334.82 18,600,611.18 243,424,160.09 14,644,129.29 772,334.82 228,007,695.98 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 20 BofA SECURITIES ��7 NET DEBT SERVICE Riverside County Transportation Commission Tax -Exempt Senior Current Refunding of TIFIA Loan Rates as of February 19, 2020 Period Total Debt Service Net Ending Debt Service Reserve Fund Debt Service 06/01/2020 1,382,302.78 1,382,302.78 06/01/2021 13,095,500.00 13,095,500.00 06/01/2022 13,095,500.00 13,095,500.00 06/01/2023 13,095,500.00 - 13,095,500.00 06/01/2024 13,095,500.00 13,095,500.00 06/01/2025 13,095,500.00 13,095,500.00 06/01/2026 14,495,500.00 14,495,500.00 06/01/2027 15,580,500.00 - 15,580,500.00 06/01/2028 14,377,750.00 14,377,750.00 06/01/2029 12,823,750.00 12,823,750.00 06/01/2030 12,823,750.00 12,823,750.00 06/01/2031 12,823,750.00 - 12,823,750.00 06/01/2032 12,823,750.00 12,823,750.00 06/01/2033 12,823,750.00 12,823,750.00 06/01/2034 12,823,750.00 12,823,750.00 06/01/2035 12,823,750.00 - 12,823,750.00 06/01/2036 54,418,750.00 54,418,750.00 06/01/2037 55,769,950.00 55,769,950.00 06/01/2038 57,150,550.00 57,150,550.00 06/01/2039 58,563,350.00 - 58,563,350.00 06/01/2040 60,009,100.00 60,009,100.00 06/01/2041 4,440,600.00 4,440,600.00 06/01/2042 4,440,600.00 4,440,600.00 06/01/2043 4,440,600.00 - 4,440,600.00 06/01/2044 58,205,600.00 58,205,600.00 06/01/2045 61,430,000.00 30,867,117.31 30,562,882.69 619,948,902.78 30,867,117.31 589,081,785.47 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 21 BofA SECURITIES ���� NET DEBT SERVICE Riverside County Transportation Commission Tax -Exempt Subordinate Current Refunding of TIFIA Loan Rates as of February 19, 2020 Period Total Debt Service Net Ending Debt Service Reserve Fund Debt Service 06/01/2020 471,062.78 471,062.78 06/01/2021 4,462,700.00 4,462,700.00 06/01/2022 4,462,700.00 4,462,700.00 06/01/2023 4,462,700.00 - 4,462,700.00 06/01/2024 4,462,700.00 - 4,462,700.00 06/01/2025 4,462,700.00 4,462,700.00 06/01/2026 4,462,700.00 - 4,462,700.00 06/01/2027 4,462,700.00 - 4,462,700.00 06/01/2028 4,462,700.00 - 4,462,700.00 06/01/2029 4,462,700.00 4,462,700.00 06/01/2030 4,462,700.00 - 4,462,700.00 06/01/2031 4,462,700.00 - 4,462,700.00 06/01/2032 4,462,700.00 4,462,700.00 06/01/2033 4,592,700.00 4,592,700.00 06/01/2034 4,843,800.00 4,843,800.00 06/01/2035 4,443,400.00 - 4,443,400.00 06/01/2036 4,443,400.00 4,443,400.00 06/01/2037 4,443,400.00 4,443,400.00 06/01/2038 4,443,400.00 4,443,400.00 06/01/2039 4,443,400.00 - 4,443,400.00 06/01/2040 4,443,400.00 4,443,400.00 06/01/2041 37,783,400.00 37,783,400.00 06/01/2042 30,684,800.00 30,684,800.00 06/01/2043 30,331,800.00 - 30,331,800.00 06/01/2044 12,368,800.00 12,368,800.00 06/01/2045 10,764,000.00 10,558,079.58 205,920.42 212,053,162.78 10,558,079.58 201,495,083.20 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 22 BofA SECURITIES Date ESCROW CASH FLOW Riverside County Transportation Commission Taxable Advance Refunding of Series 2013A Rates as of February 19, 2020 Present Value Net Escrow to 04/23/2020 Principal Interest Receipts @ 1.3925363% 06/01/2020 3,350,934.00 209,035.35 3,559,969.35 3,554,758.50 12/01/2020 2,581,797.00 978,170.84 3,559,967.84 3,530,177.49 06/01/2021 2,605,824.00 954,145.27 3,559,969.27 3,505,769.36 12/01/2021 2,624,846.00 935,122.75 3,559,968.75 3,481,528.07 06/01/2022 2,643,614.00 916,355.10 3,559,969.10 3,457,455.26 12/01/2022 2,662,251.00 897,717.62 3,559,968.62 3,433,548.09 06/01/2023 126,505,753.00 879,214.98 127,384,967.98 122,011,782.23 142,975,019.00 5,769,761.91 148, 744, 780.91 142, 975,019.00 Purchase date Purchase cost of securities Escrow Cost Summary 04/23/2020 142,975,019.00 Target for yield calculation 142,975,019.00 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 23 BofA SECURITIES ESCROW COST Riverside County Transportation Commission Taxable Advance Refunding of Series 2013A Rates as of February 19, 2020 Type of Maturity Security Date Par Amount Rate Total Cost SLGS SLGS SLGS SLGS SLGS SLGS SLGS 06/01/2020 12/01/2020 06/01/2021 12/01/2021 06/01/2022 12/01/2022 06/01/2023 3,350,934 2,581,797 2,605,824 2,624,846 2,643,614 2,662,251 126,505,753 1.590% 1.530% 1.460% 1.430% 1.410% 1.390% 1.390% 3,350,934.00 2,581,797.00 2,605,824.00 2,624,846.00 2,643,614.00 2,662,251.00 126,505,753.00 142,975,019 142,975,019.00 Purchase Cost of Date Securities Cash Deposit Total Escrow Cost Yield 04/23/2020 142,975,019 0.34 142,975,019.34 1.392536% 142,975,019 0.34 142,975,019.34 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 24 BofA SECURITIES ��7 ESCROW COST Riverside County Transportation Commission Tax -Exempt Senior Current Refunding of TIFIA Loan Rates as of February 19, 2020 Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 04/23/2020 373,506,513.00 373,506,513.00 0 373,506,513.00 373,506,513.00 Feb 21, 2020 5:08 pm Prepared by BofA Securities Page 25 BofA SECURITIES ���� ESCROW COST Riverside County Transportation Commission Tax -Exempt Subordinate Current Refunding of TIFIA Loan Rates as of February 19, 2020 Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 04/23/2020 111,065,072.00 111,065,072.00 0 111,065,072.00 111,065,072.00 Feb 21, 202