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HomeMy Public PortalAbout04 April 12, 2023 TPOC MEETING AGENDA Toll Policy and Operations Committee Time: 10:30 a.m. or Directly Following the Commission Meeting Date: April 12, 2023 Location: MARCH FIELD CONFERENCE ROOM County of Riverside Administrative Center 4080 Lemon Street, Third Floor, Riverside COMMITTEE MEMBERS Michael M. Vargas, Vice Chair / Rita Rogers, City of Perris Jeremy Smith / To Be Appointed, City of Canyon Lake Clint Lorimore / Todd Rigby, City of Eastvale Dana Reed / Donna Griffith, City of Indian Wells Brian Berkson / Guillermo Silva, City of Jurupa Valley STAFF Anne Mayer, Executive Director Jennifer Crosson, Toll Operations Director AREAS OF RESPONSIBILITY Policies involving the Commission’s Toll Facilities Setting Tolls or Rates Considering Contracts with Vendors Working on the Toll Program Statewide and Federal Legislative Issues Regarding Tolling Outreach and Marketing of the Toll Facilities Interactions with Neighboring Jurisdictions Regarding Toll Matters User-Based Funding Programs and Future Opportunities for Toll Facility Development in Riverside County RIVERSIDE COUNTY TRANSPORTATION COMMISSION TOLL POLICY AND OPERATIONS COMMITTEE www.rctc.org MEETING AGENDA* *Actions may be taken on any item listed on the agenda 10:30 a.m. or Directly Following the Commission Meeting Wednesday, April 12, 2023 MARCH FIELD CONFERENCE ROOM County of Riverside Administrative Center 4080 Lemon Street, Third Floor, Riverside 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 on the Commission’s website, www.rctc.org. In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, Executive Order N-29-20, 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 Committee 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 – Under the Brown Act, the Board should not take action on or discuss matters raised during public comment portion of the agenda which are not listed on the agenda. Board members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. Each individual speaker is limited to speak three (3) continuous minutes or less. 5. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Committee subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the Committee members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) Toll Policy and Operations Committee Meeting April 12, 2023 Page 2 6. 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. 6A. APPROVAL OF MINUTES – SPECIAL NOVEMBER 29, 2022 Page 1 6B. 15 EXPRESS LANES MONTHLY STATUS REPORTS Page 5 Overview This item is for the Committee to recommend the Commission take the following action(s): 1) Receive and file the 15 Express Lanes Monthly Reports for the three months from October to December 2022. 6C. 91 EXPRESS LANES MONTHLY STATUS REPORTS Page 33 Overview This item is for the Committee to recommend the Commission take the following action(s): 1) Receive and file the 91 Express Lanes Monthly Reports for the three months from October to December 2022. 7. AMEND THE INTERSTATE 15 EXPRESS LANES PROJECT TOLL SERVICES CONTRACT WITH KAPSCH TRAFFICCOM USA INC. TO IMPLEMENT DYNAMIC PRICING ON THE 91 EXPRESS LANES Page 97 Overview This item is for the Committee to recommend the Commission take the following action(s): 1) Approve Change Order No. 33 to Agreement No. 16-31-043-00 for the Interstate 15 Express Lanes Project (I-15 ELP) with Kapsch TrafficCom USA Inc. (Kapsch) to implement Dynamic Pricing on the 91 Express Lanes in the amount of $3,191,086, plus a contingency amount of $223,559, for an additional amount of $3,414,645; 2) Authorize the Executive Director or Designee to approve contingency work as may be required for the Project; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the change order No. 33 to Agreement No. 16-31-043-00 on behalf of the Commission. Toll Policy and Operations Committee Meeting April 12, 2023 Page 3 8. EXPRESS LANES INTELLIGENT TRANSPORTATION SYSTEMS POLES PROJECT Page 119 Overview This item is for the Committee to recommend the Commission take the following action(s): 1) Award Agreement No. 23-31-049-00 to International Line Builders, Inc. for the Express Lanes Intelligent Transportation Systems Poles Project in the amount of $399,835, plus a contingency amount of $60,000, for a total amount not to exceed $459,835; 2) Authorize the Executive Director or designee to approve contingency work as may be required for the Project; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 9. EXPRESS LANES CHANNELIZER AGREEMENT Page 160 Overview This item is for the Committee to recommend the Commission take the following action(s): 1) Award Agreement No. 23-31-053-00 to Statewide Traffic Safety and Signs for channelizers for the express lanes for a one-year term in the amount of $215,173, plus a contingency amount of $32,276, for a total amount not to exceed $247,449; 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 execute purchase orders to the vendor under the terms of the agreement. 10. ELECTION OF OFFICERS Page 177 Overview This item is for the Toll Policy and Operations Committee to conduct an election of officers for 2023 – Chair and Vice Chair. 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 12. EXECUTIVE DIRECTOR REPORT Toll Policy and Operations Committee Meeting April 12, 2023 Page 4 13. COMMISSIONER COMMENTS Overview This item provides the opportunity for brief announcements or comments on items or matters of general interest. 14. ADJOURNMENT AGENDA ITEM 6A MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION TOLL POLICY AND OPERATIONS COMMITTEE SPECIAL MEETING MINUTES Tuesday, November 29, 2022 1.CALL TO ORDER The meeting of the Toll Policy and Operations Committee was called to order by Chair Ben J. Benoit at 10:00 a.m. via zoom ID 872 0364 2917. This meeting is being conducted virtually in accordance with AB 361 due to state or local officials recommending measures to promote social distancing. 2.ROLL CALL Members/Alternates Present Members Absent Dana Reed Brian Berkson Clint Lorimore Michael M. Vargas Ben J. Benoit Jeremy Smith 3.PLEDGE OF ALLEGIANCE Vice Chair Michael Vargas led the Committee in the Pledge of Allegiance. 4.PUBLIC COMMENTS There were no requests to speak. 5.ADDITIONS/REVISIONS There were no additions or revisions to the agenda. 6.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. M/S/C (Smith/Vargas) to approve the Consent Calendar as presented. 6A. APPROVAL OF MINUTES – FEBRUARY 24 AND AUGUST 25, 2022 1 Special Toll Policy and Operations Committee November 29, 2022 Page 2 6B. 15 EXPRESS LANES MONTHLY STATUS REPORTS Overview This item is for the Committee to: 1) Receive and file the 15 Express Lanes Monthly Reports for the three months from July to September 2022. 6C. 91 EXPRESS LANES MONTHLY STATUS REPORTS Overview This item is for the Committee to: 1) Receive and file the 91 Express Lanes Monthly Reports for the three months from July to September 2022. 7. AMEND THE INTERSTATE 15 EXPRESS LANES PROJECT TOLL SERVICES CONTRACT WITH KAPSCH TRAFFICCOM USA INC. TO EXTEND THE TERM OF THE CONTRACT Reinland Jones, Toll Technology Manager, provided an overview of the proposed amendment to the existing Kapsch Trafficcom USA Inc. contract. Anne Mayer, Executive Director, provided some historical insight on the rapidly changing technology and how that affects the timing of procuring contracts. M/S/C (Lorimore/Smith) for the Committee to: 1) Approve Agreement No. 16-31-043-03, Amendment No. 03 to Agreement No. 16-31-043-00, with Kapsch TrafficCom USA Inc. (Kapsch) for the Toll Services Contract for 15 Express Lanes Project to extend the contract term by five years, in the amount of $42,219,382, plus a contingency amount of $4,222,000, for a total amount not to exceed $46,441,382; 2) Authorize the payment of passthrough items in an amount not to exceed $3 million; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the Amendment on behalf of the Commission. 8. RIVERSIDE COUNTY TRANSPORTATION COMMISSION 91 EXPRESS LANES TOLL POLICY AND TOLL SCHEDULE Jennifer Crosson, Toll Operations Director, presented information regarding the proposed changes to the 91 Express Lanes Policy to allow for improved traffic management on the 91 Express Lanes after the 15/91 Connector opens and to address a recent change in legislation. 2 Special Toll Policy and Operations Committee November 29, 2022 Page 3 She noted the benefits of moving to dynamic pricing which included: Based on density, corresponds to real time conditions, allows for management of traffic along the entire 10 miles, coordinate toll rates on 91 and 15 for customers using the 15/91 connector, and removes manual staff effort and judgement. Chair Benoit stated he had received several questions regarding electric vehicle and whether they were able to use the Express Lanes for free. He suggested some public education on that topic and Ms. Crosson noted staff would look into adding that information to the website. M/S/C (Vargas/Lorimore) for the Committee to: 1) Conduct a public hearing to receive input on the proposed RCTC 91 Express Lanes Toll Policy and Toll Schedule; and 2) Adopt Resolution 22-022, “Resolution of the Riverside County Transportation Commission Adopting the RCTC 91 Express Lanes Toll Policy and Toll Schedule”, to take effect as of the date the 15/91 Connector opens to the traveling public, with the discount portion of the policy to take effect as of January 1, 2023; and 3) Forward to the Commission for final action. 9. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA There were no items pulled from the Consent Calendar. 10. EXECUTIVE DIRECTOR REPORT Anne Mayer, Executive Director, stated there has been a desire to enforce the HOV 3+ discount on both Express Lanes. Staff has continued to follow developments in technology in this area. To date we are not aware of a toll operator that has implemented an automated occupancy detection system. We wanted to share that staff has received an offer from a provider of an automated solution to perform a pilot of their system on the 91 Express Lanes. Staff is working on the agreements necessary to allow the provider to work in the Express Lanes and protect the privacy of motorists. It is our hope that the pilot will begin in the spring. After staff has an opportunity to see how this system performs, we will perform an analysis to see if it makes financial sense to integrate the system into our toll system for the purpose of enforcing the HOV3+ discount. Chair Benoit emphasized the safety benefit as well to this enforcement. Commissioner Lorimore thanked the Executive Director for the update and asked if the provider is a U.S. based company. Reinland Jones, Toll Technology Manager, stated the provider is from Israel and has done pilots in Israel, France, Canada, and the U.S. 3 Special Toll Policy and Operations Committee November 29, 2022 Page 4 11. COMMISSIONER COMMENTS There were no additional comments from Commissioners. 12. ADJOURNMENT There being no further business for consideration, Chair Benoit adjourned the meeting at 10:37 a.m. to the next Toll Policy and Operations Committee meeting. Respectfully Submitted, Lisa Mobley Administrative Services Director/ Clerk of the Board 4 AGENDA ITEM 6B Agenda Item 6B RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 12, 2023 TO: Toll Policy and Operations Committee FROM: Gary Clothier, Senior Management Analyst THROUGH: Jennifer Crosson, Toll Operations Director SUBJECT: 15 Express Lanes Monthly Status Reports STAFF RECOMMENDATION: This item is for the Committee to recommend the Commission take the following action(s): 1) Receive and file the 15 Express Lanes Monthly Reports for the three months from October to December 2022. BACKGROUND INFORMATION: The monthly 15 Express Lanes reports for the three months from October to December 2022 are attached. The monthly reports provide information about 15 Express Lanes performance and activity. FISCAL IMPACT: This item is for informational purposes only. There is no fiscal impact. Attachments: 1) 15 Express Lanes Status Report for October 2022 2) 15 Express Lanes Status Report for November 2022 3) 15 Express Lanes Status Report for December 2022 5 Status Report October 31, 2022 ATTACHMENT 1 6 2 Table of Contents Traffic and Revenue ............................................................................................................................ 3 Traffic and Revenue Summary ........................................................................................................ 5 Peak-Hour Volumes ........................................................................................................................ 6 Customer Service ................................................................................................................................ 7 Performance Measures ................................................................................................................... 7 Customer Contact Activity .............................................................................................................. 7 Operational Highlights ........................................................................................................................ 8 On-Road Operations ....................................................................................................................... 8 Operational Activity ........................................................................................................................ 8 Financial Highlights ............................................................................................................................. 9 7 3 TRAFFIC AND REVENUE Total toll transactions on the 15 Express Lanes for October 2022 was 2,144,139. This represents a daily average of 69,166 transactions. Potential toll revenue for October was $2,430,640. Carpool percentage for October was 10.6%. Month-to-date traffic and revenue data is summarized in the table below. The following transactions and revenue statistics tables represent all transactions on the 15 Express Lanes and associated potential revenue for the month of October 2022. Current Month-to-Date as of October 31, 2022 SOV: Single Occupancy Vehicle HOV3+: High Occupancy Vehicle Transactions OCT-22 MTD Stantec MTD Projected # Variance % Variance OCT-21 MTD Yr-to-Yr % Variance SOV 1,916,291 1,866,959 2.6% HOV3+227,848 207,752 9.7% Total Gross Transactions 2,144,139 2,982,043 (837,904)(28.1%)2,074,711 3.3% Revenue SOV $2,430,640 $2,720,017 (10.6%) HOV3+$0 $0 Total Gross Revenue $2,430,640 $2,735,057 ($304,417)(11.1%)$2,720,017 (10.6%) Average Revenue per Transaction Average SOV $1.27 $1.46 (13.0%) Average HOV3+$0.00 $0.00 Average Gross Revenue $1.13 $0.92 $0.21 22.8% $1.31 (13.7%) Direction SOV HOV3+Transactions % Total Transactions Expected Revenue % Expected Revenue Northbound 934,660 102,541 1,037,201 48.4% $563,167 23.2% Southbound 981,631 125,307 1,106,938 51.6% $1,867,473 76.8% Totals 1,916,291 227,848 2,144,139 100.0% $2,430,640 100.0% 8 4 Fiscal year-to-date traffic and revenue data are summarized in the table below. The following transaction and revenue statistics represent all transactions on the 15 Express Lanes and associated potential revenue for the months of July 2022 through October 2022. Year-to-date average revenue per-transaction is $1.11. FY 2022-23 Year-to-Date as of October 31, 2022 Transactions FY 2022-23 YTD Actual Stantec YTD Projected # Variance % Variance FY 2021-22 YTD Actual Yr-toYr % Variance SOV 7,358,406 6,992,541 5.2% HOV3+889,191 775,196 14.7% Total Gross Transactions 8,247,597 10,287,557 (2,039,960)(19.8%)7,767,737 6.2% Revenue SOV $9,150,189 $10,249,147 (10.7%) HOV3+$0 $0 Total Gross Revenue $9,150,189 $9,409,371 ($259,183)(2.8%)$10,249,147 (10.7%) Average Revenue per Transaction Average SOV $1.24 $1.47 (15.6%) Average HOV3+$0.00 $0.00 Average Gross Revenue $1.11 $0.91 $0.20 22.0% $1.32 (15.9%) 9 5 TRAFFIC AND REVENUE SUMMARY The chart below reflects the total transactions breakdown between SOV and HOV3+ for FY 2022-23 on a monthly basis. The chart below reflects the gross potential revenue for FY 2022-23 on a monthly basis. 10 6 PEAK -HOUR VOLUMES The 15 Express Lanes features dynamic pricing, which adjusts toll rates based on traffic volumes and to maintain a free-flowing trip. The dynamic pricing engine has been live since March 2022 and staff is carefully monitoring pricing. Morning Peak Northbound 4:00 - 10:00 AM Afternoon Peak Southbound 2:00 - 8:00 PM HOV3+9.4%11.9% Highest Toll $1.00 $14.00 Highest Traffic Hour 5am, 15N Cajalco/Magnolia 1,320 Transactions 3pm, 15S Magnolia/Cajalco 1,400 Transactions 11 7 CUSTOMER SERVICE PER FORMANCE MEASURES At the end of October 2022, Riverside Express had 12,609 customer accounts and 31,216 transponders classified as assigned. CUSTOMER CONTACT ACTIVITY During October, RiversideExpress.com was visited by 18,272 users and the Customer Service Center processed 1,167 pieces of correspondence. REPORTING REQUIREMENT PERFORMANCE STANDARD OCTOBER 2022 PERFORMANCE CUSTOMER ACCOUNTS Transponder Fulfillment 100% within 2 business days 100% within 1 business days Payment Posting 100% within 1 business day 100% within 1 business day CUSTOMER CALLS Average Wait Time Less than 150 seconds avg per week 4 seconds highest avg wait time Abandon Rate Less than 2%0.2% abandon rate Customer Satisfaction 90% minimum satisfaction rate 97.3% satisfaction rate CORRESPONDENCE Email Response 100% within 2 business days 100% within 1 business day Mail Response 100% within 3 business days 100% within 1 business day 12 8 OPERATIONAL HIGHLIGHTS ON -R OAD OPERATIONS Freeway Service Patrol responded to 35 calls during the month of October. Of those calls, 30 were to assist disabled vehicles, 1 call to remove debris, and 4 were in response to accidents that affected the Express Lanes. OPERATIONAL ACTIVITY The Customer Service Center (CSC) and Walk-In Center (WIC) located in Corona are open and assisting 15 Express Lanes customers. Calls received by the CSC during the month of October mostly consisted of violations inquiries. Thirty-seven customers visited the WIC during the month of October, most were violations customers. Operational activities on the roadway and in the CSC continue to function, including aiding stranded motorists, providing incident management services, dispatching emergency vehicles through the traffic operations center, and responding to customer service and violation calls. 13 9 FINANCIAL HIGHLIGHTS RCTC 15 Express Lanes Operating Statement 10/31/2022 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 9,078,675.92$ 9,811,666.67$ (732,990.75)$ (7.5) Fee Revenue 1,988,888.65 1,430,666.67 558,221.98 39.0 Total operating revenues 11,067,564.57 11,242,333.33 (174,768.76) (1.6) Operating expenses: Salaries and Benefits 151,660.21 245,566.67 93,906.46 38.2 Legal Services 1,931.25 50,000.00 48,068.75 96.1 Advisory Services 284.00 20,000.00 19,716.00 98.6 Audit and Accounting Fees 2,000.00 10,000.00 8,000.00 80.0 Service Fees 3,311.80 6,666.67 3,354.87 50.3 Other Professional Services 117,152.90 289,833.33 172,680.43 59.6 Lease Expense 30.00 66.67 36.67 55.0 Operations 859,059.18 1,063,833.33 204,774.15 19.2 Utilities 51,768.48 44,900.00 (6,868.48) (15.3) Supplies and Materials 383.87 4,200.00 3,816.13 90.9 Membership and Subscription Fees - 7,100.00 7,100.00 100.0 Office Equipment & Furniture (Non-Capital)- 10,000.00 10,000.00 100.0 Maintenance/Repairs 108,161.86 202,200.00 94,038.14 46.5 Training Seminars and Conferences 261.26 2,666.67 2,405.41 90.2 Transportation Expenses 119.10 966.67 847.57 87.7 Lodging 1,058.08 833.33 (224.75) (27.0) Meals 134.06 166.67 32.61 19.6 Other Staff Expenses 75.13 166.67 91.54 54.9 Advertising - 33,333.33 33,333.33 100.0 Program Management 13,239.35 17,466.67 4,227.32 24.2 Program Operations 84,488.37 3,065,566.67 2,981,078.30 97.2 Litigation Settlement - - - N/A Furniture & Equipment 3,965.57 2,000.00 (1,965.57) (98.3) Improvements - 1,333.33 1,333.33 100.0 Bad Debt Expense 486.49 - (486.49) N/A Total operating expenses 1,399,570.96 5,078,866.67 3,679,295.71 72.4 Operating income (loss)9,667,993.61 6,163,466.67 3,504,526.94 56.9 Nonoperating revenues (expenses): Interest Revenue (98,699.26) 19,733.33 (118,432.59) 600.2 Other Miscellaneous Revenue 24,944.82 33,333.33 (8,388.51) 25.2 Interest Expense (750,452.00) - (750,452.00) N/A Total nonoperating revenues (expenses)(824,206.44) 53,066.67 (877,273.11) 1,653.2 Transfers In 177,116.78 - 177,116.78 N/A Transfers Out (100,842.90) (148,433.33) 47,590.43 (32.1) Net income (loss)8,920,061.05$ 6,068,100.00$ 2,851,961.05$ 47.0 1 Unaudited YTD as of : YTD Variance Actual1 14 Status Report November 30, 2022 ATTACHMENT 2 15 2 Table of Contents Traffic and Revenue ............................................................................................................................ 3 Traffic and Revenue Summary ........................................................................................................ 5 Peak-Hour Volumes ........................................................................................................................ 6 Customer Service ................................................................................................................................ 7 Performance Measures ................................................................................................................... 7 Customer Contact Activity .............................................................................................................. 7 Operational Highlights ........................................................................................................................ 8 On-Road Operations ....................................................................................................................... 8 Operational Activity ........................................................................................................................ 8 Financial Highlights ............................................................................................................................. 9 16 3 TRAFFIC AND REVENUE Total toll transactions on the 15 Express Lanes for November 2022 was 2,000,246. This represents a daily average of 66,675 transactions. Potential toll revenue for November was $2,358,077. Carpool percentage for November was 10.6%. Month-to-date traffic and revenue data is summarized in the table below. The following transactions and revenue statistics tables represent all transactions on the 15 Express Lanes and associated potential revenue for the month of November 2022. Current Month-to-Date as of November 30, 2022 SOV: Single Occupancy Vehicle HOV3+: High Occupancy Vehicle Transactions NOV-22 MTD Stantec MTD Projected # Variance % Variance NOV-21 MTD Yr-to-Yr % Variance SOV 1,788,456 1,794,667 (0.3%) HOV3+211,790 204,543 3.5% Total Gross Transactions 2,000,246 2,317,471 (317,225)(13.7%)1,999,210 0.1% Revenue SOV $2,358,077 $2,598,387 (9.2%) HOV3+$0 $0 Total Gross Revenue $2,358,077 $2,116,314 $241,763 11.4% 2,598,387 (9.2%) Average Revenue per Transaction Average SOV $1.32 $1.45 (9.0%) Average HOV3+$0.00 $0.00 Average Gross Revenue $1.18 $0.91 $0.27 29.7% $1.30 (9.2%) Direction SOV HOV3+Transactions % Total Transactions Expected Revenue % Expected Revenue Northbound 892,542 97,637 990,179 49.5% $538,747 22.8% Southbound 895,914 114,153 1,010,067 50.5% $1,819,331 77.2% Totals 1,788,456 211,790 2,000,246 100.0% $2,358,077 100.0% 17 4 Fiscal year-to-date traffic and revenue data are summarized in the table below. The following transaction and revenue statistics represent all transactions on the 15 Express Lanes and associated potential revenue for the months of July 2022 through November 2022. Year-to-date average revenue per-transaction is $1.12. FY 2022-23 Year-to-Date as of November 30, 2022 Transactions FY 2022-23 YTD Actual Stantec YTD Projected # Variance % Variance FY 2021-22 YTD Actual Yr-toYr % Variance SOV 9,146,862 8,787,208 4.1% HOV3+1,100,981 979,739 12.4% Total Gross Transactions 10,247,843 12,605,029 (2,357,186)(18.7%)9,766,947 4.9% Revenue SOV $11,508,266 $12,847,534 (10.4%) HOV3+$0 $0 Total Gross Revenue $11,508,266 $11,525,686 ($17,420)(0.2%)$12,847,534 (10.4%) Average Revenue per Transaction Average SOV $1.26 $1.46 (13.7%) Average HOV3+$0.00 $0.00 Average Gross Revenue $1.12 $0.91 $0.21 23.1% $1.32 (15.2%) 18 5 TRAFFIC AND REVENUE SUMMARY The chart below reflects the total transactions breakdown between SOV and HOV3+ for FY 2022-23 on a monthly basis. The chart below reflects the gross potential revenue for FY 2022-23 on a monthly basis. 19 6 PEAK -HOUR VOLUMES The 15 Express Lanes features dynamic pricing, which adjusts toll rates based on traffic volumes and to maintain a free-flowing trip. The dynamic pricing engine has been live since March 2022 and staff is carefully monitoring pricing. Morning Peak Northbound 4:00 - 10:00 AM Afternoon Peak Southbound 2:00 - 8:00 PM HOV3+9.4%11.6% Highest Toll $1.00 $14.00 Highest Traffic Hour 5AM, 15N Sixth/SR60 1,168 Transactions 2PM, 15S Magnolia/Cajalco 1,378 Transactions 20 7 CUSTOMER SERVICE PER FORMANCE MEASURES At the end of November 2022, Riverside Express had 12,914 customer accounts and 32,271 transponders classified as assigned. CUSTOMER CONTACT ACTIVITY During November, RiversideExpress.com was visited by 16,805 users and the Customer Service Center processed 1,038 pieces of correspondence. REPORTING REQUIREMENT PERFORMANCE STANDARD NOVEMBER 2022 PERFORMANCE CUSTOMER ACCOUNTS Transponder Fulfillment 100% within 2 business days 100% within 2 business days Payment Posting 100% within 1 business day 100% within 1 business day CUSTOMER CALLS Average Wait Time Less than 150 seconds avg per week 6 seconds highest avg wait time Abandon Rate Less than 2%0.2% abandon rate Customer Satisfaction 90% minimum satisfaction rate 97.7% satisfaction rate CORRESPONDENCE Email Response 100% within 2 business days 100% within 1 business day Mail Response 100% within 3 business days 100% within 1 business day 21 8 OPERATIONAL HIGHLIGHTS ON -R OAD OPERATIONS Freeway Service Patrol responded to 33 calls during the month of November. Of those calls, 22 were to assist disabled vehicles, 8 call to remove debris, and 3 were in response to accidents that affected the Express Lanes. OPERATIONAL ACTIVITY The Customer Service Center (CSC) and Walk-In Center (WIC) located in Corona are open and assisting 15 Express Lanes customers. Calls received by the CSC during the month of November mostly consisted of violations inquiries. Forty-three customers visited the WIC during the month of November, most were violations customers. Operational activities on the roadway and in the CSC continue to function, including aiding stranded motorists, providing incident management services, dispatching emergency vehicles through the traffic operations center, and responding to customer service and violation calls. 22 9 FINANCIAL HIGHLIGHTS RCTC 15 Express Lanes Operating Statement 11/30/2022 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 11,326,063.10$ 12,264,583.33$ (938,520.23)$ (7.7) Fee Revenue 2,475,103.82 1,788,333.33 686,770.49 38.4 Total operating revenues 13,801,166.92 14,052,916.67 (251,749.75) (1.8) Operating expenses: Salaries and Benefits 211,018.61 306,958.33 95,939.72 31.3 Legal Services 3,615.00 62,500.00 58,885.00 94.2 Advisory Services 10,857.00 25,000.00 14,143.00 56.6 Audit and Accounting Fees 23,752.00 12,500.00 (11,252.00) (90.0) Service Fees 4,920.23 8,333.33 3,413.10 41.0 Other Professional Services 184,977.34 362,291.67 177,314.33 48.9 Lease Expense 30.00 83.33 53.33 64.0 Operations 993,926.53 1,329,791.67 335,865.14 25.3 Utilities 64,798.50 56,125.00 (8,673.50) (15.5) Supplies and Materials 383.87 5,250.00 4,866.13 92.7 Membership and Subscription Fees - 8,875.00 8,875.00 100.0 Office Equipment & Furniture (Non-Capital)- 12,500.00 12,500.00 100.0 Maintenance/Repairs 117,362.39 252,750.00 135,387.61 53.6 Training Seminars and Conferences 261.26 3,333.33 3,072.07 92.2 Transportation Expenses 119.10 1,208.33 1,089.23 90.1 Lodging 1,058.08 1,041.67 (16.41) (1.6) Meals 134.06 208.33 74.27 35.7 Other Staff Expenses 75.13 208.33 133.20 63.9 Advertising - 41,666.67 41,666.67 100.0 Program Management 16,887.87 21,833.33 4,945.46 22.7 Program Operations 2,049,480.36 3,831,958.33 1,782,477.97 46.5 Litigation Settlement - - - N/A Furniture & Equipment 3,965.57 2,500.00 (1,465.57) (58.6) Improvements - 1,666.67 1,666.67 100.0 Bad Debt Expense 486.49 - (486.49) N/A Total operating expenses 3,688,109.39 6,348,583.33 2,660,473.94 41.9 Operating income (loss)10,113,057.53 7,704,333.33 2,408,724.20 31.3 Nonoperating revenues (expenses): Interest Revenue 143,047.78 24,666.67 118,381.11 (479.9) Other Miscellaneous Revenue 64,148.04 41,666.67 22,481.37 (54.0) Interest Expense (750,452.00) - (750,452.00) N/A Total nonoperating revenues (expenses)(543,256.18) 66,333.33 (609,589.51) 919.0 Transfers In 177,116.78 - 177,116.78 N/A Transfers Out (100,842.90) (185,541.67) 84,698.77 (45.6) Net income (loss)9,646,075.23$ 7,585,125.00$ 2,060,950.23$ 27.2 1 Unaudited YTD as of : YTD Variance Actual1 23 Status Report December 31, 2022 ATTACHMENT 3 24 2 Table of Contents Traffic and Revenue ............................................................................................................................ 3 Traffic and Revenue Summary ........................................................................................................ 5 Peak-Hour Volumes ........................................................................................................................ 6 Customer Service ................................................................................................................................ 7 Performance Measures ................................................................................................................... 7 Customer Contact Activity .............................................................................................................. 7 Operational Highlights ........................................................................................................................ 8 On-Road Operations ....................................................................................................................... 8 Operational Activity ........................................................................................................................ 8 Financial Highlights ............................................................................................................................. 9 25 3 TRAFFIC AND REVENUE Total toll transactions on the 15 Express Lanes for December 2022 was 2,036,285. This represents a daily average of 65,687 transactions. Potential toll revenue for December was $2,321,538. Carpool percentage for December was 10.9%. Month-to-date traffic and revenue data is summarized in the table below. The following transactions and revenue statistics tables represent all transactions on the 15 Express Lanes and associated potential revenue for the month of December 2022. Current Month-to-Date as of December 31, 2022 SOV: Single Occupancy Vehicle HOV3+: High Occupancy Vehicle Transactions DEC-22 MTD Stantec MTD Projected # Variance % Variance DEC-21 MTD Yr-to-Yr % Variance SOV 1,813,770 1,775,095 2.2% HOV3+222,515 205,659 8.2% Total Gross Transactions 2,036,285 2,551,786 (515,501)(20.2%)1,980,754 2.8% Revenue SOV $2,321,538 $2,485,691 (6.6%) HOV3+$0 $0 Total Gross Revenue $2,321,538 $2,285,257 $36,281 1.6% $2,485,691 (6.6%) Average Revenue per Transaction Average SOV $1.28 $1.40 (8.6%) Average HOV3+$0.00 $0.00 Average Gross Revenue $1.14 $0.90 $0.24 26.7%$1.25 (8.8%) Direction SOV HOV3+ FY 2022-23 YTD Actual % Total Transactions Expected Revenue % Expected Revenue Northbound 914,082 105,005 1,019,087 50.0% $549,204 23.7% Southbound 899,688 117,510 1,017,198 50.0% $1,772,334 76.3% Totals 1,813,770 222,515 2,036,285 100.0% $2,321,538 100.0% 26 4 Fiscal year-to-date traffic and revenue data are summarized in the table below. The following transaction and revenue statistics represent all transactions on the 15 Express Lanes and associated potential revenue for the months of July 2022 through December 2022. Year-to-date average revenue per-transaction is $1.13. FY 2022-23 Year-to-Date as of December 31, 2022 Transactions FY 2022-23 YTD Actual Stantec YTD Projected # Variance % Variance FY 2021-22 YTD Actual Yr-toYr % Variance SOV 10,960,632 10,562,303 3.8% HOV3+1,323,496 1,185,398 11.6% Total Gross Transactions 12,284,128 15,156,814 (2,872,686)(19.0%)11,747,701 4.6% Revenue SOV $13,829,804 $15,333,225 (9.8%) HOV3+$0 $0 Total Gross Revenue $13,829,804 $13,810,943 $18,861 0.1% $15,333,225 (9.8%) Average Revenue per Transaction Average SOV $1.26 $1.45 (13.1%) Average HOV3+$0.00 $0.00 Average Gross Revenue $1.13 $0.91 $0.22 24.2% $1.31 (13.7%) 27 5 TRAFFIC AND REVENUE SUMMARY The chart below reflects the total transactions breakdown between SOV and HOV3+ for FY 2022-23 on a monthly basis. The chart below reflects the gross potential revenue for FY 2022-23 on a monthly basis. 28 6 PEAK -HOUR VOLUMES The 15 Express Lanes features dynamic pricing, which adjusts toll rates based on traffic volumes and to maintain a free-flowing trip. The dynamic pricing engine has been live since March 2022 and staff is carefully monitoring pricing. Morning Peak Northbound 4:00 - 10:00 AM Afternoon Peak Southbound 2:00 - 8:00 PM HOV3+10.0%11.8% Highest Toll $1.00 $14.00 Highest Traffic Hour 6AM, 15S Magnolia/Cajalco 1,171 Transactions 4PM, 15S Magnolia/Cajalco 1,368 Transactions 29 7 CUSTOMER SERVICE PER FORMANCE MEASURES At the end of December 2022, Riverside Express had 13,162 customer accounts and 33,133 transponders classified as assigned. CUSTOMER CONTACT ACTIVITY During December, RiversideExpress.com was visited by 16,520 users and the Customer Service Center processed 1,041 pieces of correspondence. REPORTING REQUIREMENT PERFORMANCE STANDARD December 2022 PERFORMANCE CUSTOMER ACCOUNTS Transponder Fulfillment 100% within 2 business days 100% within 2 business days Payment Posting 100% within 1 business day 100% within 1 business day CUSTOMER CALLS Average Wait Time Less than 150 seconds avg per week 8 seconds highest avg wait time Abandon Rate Less than 2%0.3% abandon rate Customer Satisfaction 90% minimum satisfaction rate 97.5% satisfaction rate CORRESPONDENCE Email Response 100% within 2 business days 100% within 1 business day Mail Response 100% within 3 business days 100% within 1 business day 30 8 OPERATIONAL HIGHLIGHTS ON -R OAD OPERATIONS Freeway Service Patrol responded to 42 calls during the month of December. Of those calls, 30 were to assist disabled vehicles, 2 call to remove debris, and 10 were in response to accidents that affected the Express Lanes. OPERATIONAL ACTIVITY The Customer Service Center (CSC) and Walk-In Center (WIC) located in Corona are open and assisting 15 Express Lanes customers. Calls received by the CSC during the month of December mostly consisted of violations inquiries. Thirty-three customers visited the WIC during the month of December, most were violations customers. Operational activities on the roadway and in the CSC continue to function, including aiding stranded motorists, providing incident management services, dispatching emergency vehicles through the traffic operations center, and responding to customer service and violation calls. 31 9 FINANCIAL HIGHLIGHTS RCTC 15 Express Lanes Operating Statement 12/31/2022 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 13,640,939.74$ 14,717,500.00$ (1,076,560.26)$ (7.3) Fee Revenue 2,962,805.19 2,146,000.00 816,805.19 38.1 Total operating revenues 16,603,744.93 16,863,500.00 (259,755.07) (1.5) Operating expenses: Salaries and Benefits 247,078.68 368,350.00 121,271.32 32.9 Legal Services 31,166.70 75,000.00 43,833.30 58.4 Advisory Services 10,857.00 30,000.00 19,143.00 63.8 Audit and Accounting Fees 23,752.00 15,000.00 (8,752.00) (58.3) Service Fees 8,139.84 10,000.00 1,860.16 18.6 Other Professional Services 195,274.16 434,750.00 239,475.84 55.1 Lease Expense 60.00 100.00 40.00 40.0 Operations 1,120,434.44 1,595,750.00 475,315.56 29.8 Utilities 78,073.01 67,350.00 (10,723.01) (15.9) Supplies and Materials 546.97 6,300.00 5,753.03 91.3 Membership and Subscription Fees 11,339.92 10,650.00 (689.92) (6.5) Office Equipment & Furniture (Non-Capital)- 15,000.00 15,000.00 100.0 Maintenance/Repairs 157,909.95 303,300.00 145,390.05 47.9 Training Seminars and Conferences 611.26 4,000.00 3,388.74 84.7 Transportation Expenses 414.24 1,450.00 1,035.76 71.4 Lodging 1,784.94 1,250.00 (534.94) (42.8) Meals 209.06 250.00 40.94 16.4 Other Staff Expenses 75.13 250.00 174.87 69.9 Advertising - 50,000.00 50,000.00 100.0 Program Management 20,453.57 26,200.00 5,746.43 21.9 Program Operations 2,365,558.48 4,598,350.00 2,232,791.52 48.6 Litigation Settlement - - - N/A Furniture & Equipment 3,965.57 3,000.00 (965.57) (32.2) Improvements - 2,000.00 2,000.00 100.0 Bad Debt Expense 498.49 - (498.49) N/A Total operating expenses 4,278,203.41 7,618,300.00 3,340,096.59 43.8 Operating income (loss)12,325,541.52 9,245,200.00 3,080,341.52 33.3 Nonoperating revenues (expenses): Interest Revenue 285,345.91 29,600.00 255,745.91 (864.0) Other Miscellaneous Revenue 89,092.86 50,000.00 39,092.86 (78.2) Interest Expense (947,939.00) - (947,939.00) N/A Total nonoperating revenues (expenses)(573,500.23) 79,600.00 (653,100.23) 820.5 Transfers In 177,116.78 - 177,116.78 N/A Transfers Out (188,842.90) (222,650.00) 33,807.10 (15.2) Net income (loss)11,740,315.17$ 9,102,150.00$ 2,638,165.17$ 29.0 1 Unaudited YTD as of : YTD Variance Actual1 32 AGENDA ITEM 6C Agenda Item 6C RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 12, 2023 TO: Toll Policy and Operations Committee FROM: Gary Clothier, Senior Management Analyst THROUGH: Jennifer Crosson, Toll Operations Director SUBJECT: 91 Express Lanes Monthly Status Reports STAFF RECOMMENDATION: This item is for the Committee to recommend the Commission take the following action(s): 1) Receive and file the 91 Express Lanes Monthly Reports for the three months from October to December 2022. BACKGROUND INFORMATION: The monthly 91 Express Lanes reports for the three months from October to December 2022 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. FISCAL IMPACT: This item is for informational purposes only. There is no fiscal impact. Attachments: 1) 91 Express Lanes Status Report for October 2022 2) 91 Express Lanes Status Report for November 2022 3) 91 Express Lanes Status Report for December 2022 33 Orange County Transportation Authority Riverside County Transportation Commission Status Report October 2022 As of October 31, 2022 ATTACHMENT 1 34 2 Table of Contents Operations Overview OCTA ............................................................................................ 3 Traffic and Revenue Statistics for OCTA ......................................................................... 3 OCTA Traffic and Revenue Summary ............................................................................. 5 OCTA Peak-Hour Volumes ............................................................................................. 6 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 35 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATISTICS FOR OCTA Total traffic volume on the 91 Express Lanes (91 EL) for October 2022 was 1,596,944. This represents a daily average of 51,514 vehicles. This is a 7.4 percent decrease in total traffic volume from the same period last year, which totaled 1,724,399. Potential toll revenue for October was $5,096,461, which represents a decrease of 4.3 percent from the prior year’s total of $5,324,470. The decreases in traffic volume and potential toll revenues can be attributed to the full-weekend and several overnight closures of the westbound OCTA Express Lanes. These closures were for the installation of the Electronic Toll and Traffic Management equipment on the newly constructed westbound entrance toll gantry. Carpool percentage for October was 22.8 percent as compared to the previous year’s rate of 22.3 percent. Month-to-date (MTD) traffic and revenue data is summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the Orange County Transportation Authority (OCTA) 91 EL and associated potential revenue for the month of October 2022. Current MTD as of October 31, 2022 Trips OCT-22 MTD Actual OCT-21 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,232,185 1,339,489 (8.0%) 3+ Lanes 364,759 384,910 (5.2%) Total Gross Trips 1,596,944 1,724,399 (7.4%) Revenue Full Toll Lanes $5,038,613 $5,274,459 (4.5%) 3+ Lanes $57,848 $50,011 15.7% Total Gross Revenue $5,096,461 $5,324,470 (4.3%) Average Revenue per Trip Average Full Toll Lanes $4.09 $3.94 3.8% Average 3+ Lanes $0.16 $0.13 23.1% Average Gross Revenue $3.19 $3.09 3.2% 36 4 The 2023 fiscal year-to-date (YTD) traffic volume decreased by 3.4 percent and potential toll revenue decreased by 1.1 percent when compared with the same period the prior year. YTD average revenue per trip is $3.16. Fiscal YTD 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 EL and associated potential revenue for the months of July 2022 through October 2022. Fiscal Year (FY) 2022-23 YTD as of October 31, 2022 Trips FY 2022-23 YTD Actual FY 2021-22 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 5,049,325 5,299,988 (4.7%) 3+ Lanes 1,563,994 1,542,588 1.4% Total Gross Trips 6,613,319 6,842,576 (3.4%) Revenue Full Toll Lanes $20,659,801 $20,931,676 (1.3%) 3+ Lanes $238,403 $200,873 18.7% Total Gross Revenue $20,898,204 $21,132,549 (1.1%) Average Revenue per Trip Average Full Toll Lanes $4.09 $3.95 3.5% Average 3+ Lanes $0.15 $0.13 15.4% Average Gross Revenue $3.16 $3.09 2.3% 37 5 O CTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between full toll trips and high-occupancy vehicle (HOV3+) trips for fiscal year (FY) 2022-23 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll trips and HOV3+ trips for FY 2022-23 on a monthly basis. 38 6 OCTA PEAK -HOUR VOLUMES Peak-hour traffic in the eastbound and westbound directions reached or exceeded 90 percent of defined capacity six times during the month of October 2022. As demonstrated on the next chart, westbound peak-hour traffic volumes top out at 92 percent of defined capacity. OCTA EASTBOUND PEAK -HOUR VOLUMES  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 393 2,673 79%$5.30 418 2,836 83%$5.30 402 2,874 85%$7.70 438 2,831 83%$8.60 446 2,917 86% 1500 - 1600 $5.65 481 2,961 87%$5.75 438 2,942 87%$7.45 456 2,945 87%$7.45 482 2,999 88%$8.15 503 2,850 84% 1600 - 1700 $5.10 440 2,958 87%$5.25 449 2,920 86%$6.50 439 2,782 82%$7.00 446 2,861 84%$6.95 503 2,802 82% 1700 - 1800 $4.95 406 2,817 83%$4.90 477 2,925 86%$5.40 435 2,814 83%$6.70 456 2,839 84%$6.95 499 2,814 83% 1800 - 1900 $5.65 553 2,762 81%$4.05 580 2,917 86%$4.05 512 2,713 80%$4.50 571 2,839 84%$6.95 537 2,511 74% 1900 - 2000 $3.95 400 1,581 47%$3.95 577 2,403 71%$3.95 562 2,738 81%$5.75 609 2,655 78%$6.45 634 2,204 65%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 418 2,753 81%$5.30 370 2,832 83%$5.30 432 2,925 86%$7.70 422 2,874 85%$8.60 461 2,978 88% 1500 - 1600 $5.65 498 2,954 87%$5.75 489 2,961 87%$7.45 483 2,902 85%$7.45 462 2,918 86%$8.15 517 2,749 81% 1600 - 1700 $5.10 435 2,815 83%$5.25 452 2,934 86%$6.50 392 2,952 87%$7.00 467 2,923 86%$6.95 525 2,853 84% 1700 - 1800 $4.95 393 2,846 84%$4.90 471 2,956 87%$5.40 469 2,862 84%$6.70 445 2,795 82%$6.95 452 2,732 80% 1800 - 1900 $5.65 567 2,621 77%$4.05 526 2,655 78%$4.05 572 2,835 83%$4.50 569 2,829 83%$6.95 436 1,830 54% 1900 - 2000 $3.95 450 1,561 46%$3.95 611 2,758 81%$3.95 582 2,401 71%$5.75 627 2,674 79%$6.45 711 2,511 74%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 408 2,591 76%$5.30 369 2,674 79%$5.30 444 2,931 86%$7.70 444 3,073 90%$8.60 443 2,880 85% 1500 - 1600 $5.65 485 2,876 85%$5.75 456 2,892 85%$7.45 474 2,873 85%$7.45 487 2,888 85%$8.15 485 2,893 85% 1600 - 1700 $5.10 443 2,868 84%$5.25 451 2,940 86%$6.50 473 2,905 85%$7.00 451 2,824 83%$6.95 500 2,721 80% 1700 - 1800 $4.95 428 2,810 83%$4.90 439 2,945 87%$5.40 497 2,915 86%$6.70 420 2,855 84%$6.95 461 2,732 80% 1800 - 1900 $5.65 579 2,787 82%$4.05 543 2,905 85%$4.05 508 2,716 80%$4.50 578 2,849 84%$6.95 673 2,752 81% 1900 - 2000 $3.95 432 1,798 53%$3.95 590 2,514 74%$3.95 581 2,676 79%$5.75 656 2,737 81%$6.45 604 2,103 62%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 431 2,736 80%$5.30 404 2,740 81%$5.30 449 3,015 89%$7.70 454 2,893 85%$8.60 453 2,818 83% 1500 - 1600 $5.65 483 2,968 87%$5.75 501 3,004 88%$7.45 447 2,871 84%$7.45 503 2,956 87%$8.15 541 2,898 85% 1600 - 1700 $5.10 458 2,936 86%$5.25 415 3,000 88%$6.50 440 2,950 87%$7.00 452 3,043 90%$6.95 504 2,966 87% 1700 - 1800 $4.95 445 2,902 85%$4.90 485 2,992 88%$5.40 444 3,005 88%$6.70 478 2,996 88%$6.95 516 2,943 87% 1800 - 1900 $5.65 603 2,755 81%$4.05 585 2,930 86%$4.05 574 2,803 82%$4.50 622 2,953 87%$6.95 537 2,332 69% 1900 - 2000 $3.95 427 1,607 47%$3.95 592 2,513 74%$3.95 587 2,441 72%$5.75 571 2,384 70%$6.45 594 2,247 66%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 440 2,990 88% 1500 - 1600 $5.65 497 2,684 79% 1600 - 1700 $5.10 458 2,890 85% 1700 - 1800 $4.95 516 2,924 86% 1800 - 1900 $5.65 531 2,603 77% 1900 - 2000 $3.95 254 994 29% Thursday 10/06/22 Friday 10/07/22 Monday 10/10/22 Tuesday 10/11/22 Wednesday 10/12/22 Monday 10/03/22 Tuesday 10/04/22 Wednesday 10/05/22 Thursday 10/13/22 Friday 10/14/22 Monday 10/17/22 Tuesday 10/18/22 Wednesday 10/19/22 Thursday 10/20/22 Friday 10/21/22 Monday 10/24/22 Tuesday 10/25/22 Wednesday 10/26/22 Thursday 10/27/22 Friday 10/28/22 Monday 10/31/22 Tuesday 11/01/22 Wednesday 11/02/22 Thursday 11/03/22 Friday 11/04/22 39 7 OCTA WEST BOUND PEAK -HOUR VOLUMES  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 395 1,161 34%$3.15 436 1,257 37%$3.15 433 1,191 35%$3.15 443 1,222 36%$3.25 372 1,025 30% 0500 - 0600 $5.10 759 2,723 80%$5.10 785 2,719 80%$5.10 781 2,715 80%$5.10 791 2,644 78%$5.00 693 2,348 69% 0600 - 0700 $5.30 696 3,037 89%$5.30 682 3,134 92%$5.30 495 2,035 60%$5.30 712 3,102 91%$5.25 630 2,638 78% 0700 - 0800 $5.80 597 2,826 83%$5.80 656 2,992 88%$5.80 668 2,960 87%$5.80 621 2,846 84%$5.80 523 2,413 71% 0800 - 0900 $5.30 268 2,295 68%$5.30 255 1,919 56%$5.30 289 2,577 76%$5.30 326 2,424 71%$5.25 329 2,214 65% 0900 - 1000 $4.20 276 2,144 63%$4.20 329 2,692 79%$4.20 277 2,550 75%$4.20 294 2,333 69%$4.35 297 2,083 61%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 383 1,123 33%$3.15 442 1,214 36%$3.15 438 1,217 36%$3.15 441 1,193 35%$3.25 378 1,065 31% 0500 - 0600 $5.10 662 2,534 75%$5.10 795 2,834 83%$5.10 811 2,808 83%$5.10 818 2,799 82%$5.00 683 2,407 71% 0600 - 0700 $5.30 618 2,855 84%$5.30 603 2,707 80%$5.30 671 3,052 90%$5.30 699 3,045 90%$5.25 625 2,735 80% 0700 - 0800 $5.80 540 2,554 75%$5.80 635 3,008 88%$5.80 610 2,852 84%$5.80 625 2,892 85%$5.80 580 2,418 71% 0800 - 0900 $5.30 311 2,284 67%$5.30 311 2,711 80%$5.30 323 2,686 79%$5.30 291 2,531 74%$5.25 282 1,987 58% 0900 - 1000 $4.20 286 1,872 55%$4.20 287 2,371 70%$4.20 280 2,147 63%$4.20 328 2,435 72%$4.35 307 1,987 58%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 421 1,216 36%$3.15 436 1,237 36%$3.15 419 1,200 35%$3.15 441 1,190 35%$3.25 370 1,012 30% 0500 - 0600 $5.10 728 2,679 79%$5.10 800 2,777 82%$5.10 801 2,736 80%$5.10 793 2,690 79%$5.00 666 2,316 68% 0600 - 0700 $5.30 680 2,896 85%$5.30 676 3,033 89%$5.30 636 2,629 77%$5.30 707 2,953 87%$5.25 626 2,609 77% 0700 - 0800 $5.80 629 2,914 86%$5.80 648 2,894 85%$5.80 495 2,049 60%$5.80 604 2,781 82%$5.80 522 2,417 71% 0800 - 0900 $5.30 340 2,566 75%$5.30 327 2,580 76%$5.30 353 2,742 81%$5.30 292 2,185 64%$5.25 272 1,842 54% 0900 - 1000 $4.20 299 2,298 68%$4.20 292 2,269 67%$4.20 302 2,331 69%$4.20 280 2,206 65%$4.35 299 1,860 55%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 385 1,136 33%$3.15 430 1,219 36%$3.15 438 1,248 37%$3.15 429 1,141 34%$3.25 381 1,027 30% 0500 - 0600 $5.10 730 2,616 77%$5.10 762 2,636 78%$5.10 743 2,643 78%$5.10 755 2,743 81%$5.00 665 2,442 72% 0600 - 0700 $5.30 702 2,967 87%$5.30 665 2,885 85%$5.30 722 2,890 85%$5.30 691 2,974 87%$5.25 680 2,628 77% 0700 - 0800 $5.80 633 2,838 83%$5.80 589 2,722 80%$5.80 661 2,853 84%$5.80 615 2,809 83%$5.80 507 2,147 63% 0800 - 0900 $5.30 282 2,312 68%$5.30 287 2,456 72%$5.30 287 2,357 69%$5.30 299 2,293 67%$5.25 269 1,860 55% 0900 - 1000 $4.20 286 2,005 59%$4.20 314 2,274 67%$4.20 274 2,231 66%$4.20 296 2,087 61%$4.35 254 1,719 51%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 405 1,184 35% 0500 - 0600 $5.10 779 2,758 81% 0600 - 0700 $5.30 675 2,891 85% 0700 - 0800 $5.80 571 2,592 76% 0800 - 0900 $5.30 248 1,908 56% 0900 - 1000 $4.20 196 1,541 45% Monday 10/03/22 Tuesday 10/04/22 Wednesday 10/05/22 Thursday 10/06/22 Friday 10/07/22 Monday 10/10/22 Tuesday 10/11/22 Wednesday 10/12/22 Thursday 10/13/22 Friday 10/14/22 Monday 10/17/22 Tuesday 10/18/22 Wednesday Monday 10/24/22 Tuesday 10/25/22 Wednesday 11/02/22 Thursday 10/20/22 Friday 10/21/22 10/26/22 Thursday 11/03/22 Friday 11/04/22 Thursday 10/27/22 Friday 10/28/22 10/19/22 Monday 10/31/22 Tuesday 11/01/22 Wednesday 40 8 OCTA OPERATIONAL HIGHLIGHTS 91 Express Lanes Toll Entrance Gantries Infrastructure Project Update OCTA entered into an agreement with the California Department of Transportation (Caltrans) to provide construction and construction management services for the 91 Express Lanes Toll Entrance Gantries Infrastructure Project. This project entails constructing new toll gantries infrastructure at the three entrances of the OCTA 91 Express Lanes. In early October, Caltrans turned over the westbound entrance gantry to Kapsch TrafficCom USA, Inc. (Kapsch), the toll lanes system integrator for the 91 Express Lanes, to install new Electronic Toll and Traffic Management (ETTM) system equipment. During a full-weekend closure in October, Kapsch completed the installation of the new ETTM equipment onto the westbound entrance gantry. 41 9 FINANCIAL HIGHLIGHTS OCTA Capital Asset Activity During the four months ending October 31, 2022, capital asset activities included payment of $195,292 attributing to the Electronic Toll and Traffic Management system project. 91 Express Lanes Operating Statement YTD as of : 10/31/2022 Description Actual (1)Budget (1)Dollar $Percent (%) Operating revenues: Toll Revenue 19,089,280.66$ 16,912,664.00$ 2,176,616.66$ 12.9 Fee Revenue 1,418,384.62 1,288,336.00 130,048.62 10.1 Total operating revenues 20,507,665.28 18,201,000.00 2,306,665.28 12.7 Operating expenses: Contracted Services 1,618,431.67 2,509,261.00 890,829.33 35.5 Administrative Fee 976,494.00 1,197,164.00 220,670.00 18.4 Other Professional Services 176,950.35 1,850,837.00 1,673,886.65 90.4 Credit Card Processing Fees 528,653.72 441,668.00 (86,985.72) (19.7) Toll Road Account Servicing 44,021.12 333,332.00 289,310.88 86.8 Other Insurance Expense 163,081.96 83,332.00 (79,749.96) (95.7) Toll Road Maintenance Supply Repairs 129,122.50 135,000.00 5,877.50 4.4 Patrol Services 362,911.80 366,668.00 3,756.20 1.0 Building Equipment Repairs and Maint 148,392.59 291,164.00 142,771.41 49.0 6C Transponders - 25,000.00 25,000.00 100.0 Other Services - 261,000.00 261,000.00 100.0 Utilities 18,284.79 15,000.00 (3,284.79) (21.9) Office Expense 182,270.38 260,168.00 77,897.62 29.9 Bad Debt Expense 713.08 - (713.08) N/A Miscellaneous (2)8,035.50 51,052.00 43,016.50 84.3 Leases 120,395.83 178,332.00 57,936.17 32.5 Total operating expenses 4,477,759.29 7,998,978.00 3,521,218.71 44.0 Depreciation and Amortization (3)1,057,827.04 - (1,057,827.04) N/A Operating income (loss)14,972,078.95 10,202,022.00 4,770,056.95 46.8 Nonoperating revenues (expenses): Reimbursement from Other Agencies (32,144.18) 75,000.00 (107,144.18) (142.9) Interest Income 937,772.85 627,252.00 310,520.85 49.5 Interest Expense (1,255,837.40) (1,233,232.00) (22,605.40) (1.8) Other - - - N/A Total nonoperating revenues (expenses)(350,208.73) (530,980.00) 180,771.27 34.0 Transfers In - - - N/A Transfers Out (4)(1,717,993.42) - (1,717,993.42) N/A Net income (loss)12,903,876.80$ 9,671,042.00$ 3,232,834.80$ 33.4 ¹Actual amounts are accounted for on the accrual basis of accounting in an enterprise fund. Budget amounts are accounted for on a modified accrual basis of accounting. ²Miscellaneous expenses include: Bond Insurance Costs, Bank Service Charge, Transponder Materials. ³Depreciation and amortization are not budgeted items. 4Transfers Out: For M2 Project I and Project J expense reimbursements. YTD Variance 42 10 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the 91 EL for October 2022 was 1,353,498. This represents a daily average of 43,661 vehicles. This is an 8.7 percent decrease in total traffic volume from the same period last year, which totaled 1,483,105. Potential toll revenue for October was $5,579,947, which represents a decrease of 4.1 percent from the prior year’s total of $5,818,860. Carpool percentage for October was 21.8 percent as compared to the previous year’s rate of 20.7 percent. MTD traffic and revenue data is summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the Riverside County Transportation Commission (RCTC) 91 EL and associated potential revenue for the month of October 2022. Current MTD as of October 31, 2022 Trips OCT-22 MTD Actual Stantec MTD Projected # Variance % Variance OCT-21 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,058,849 965,286 93,563 9.7%1,176,622 (10.0%) 3+ Lanes 294,649 349,857 (55,208)(15.8%)306,483 (3.9%) Total Gross Trips 1,353,498 1,315,143 38,355 2.9%1,483,105 (8.7%) Revenue Full Toll Lanes $5,535,901 $4,606,857 $929,044 20.2% $5,779,874 (4.2%) 3+ Lanes $44,046 $0 $44,046 $38,986 13.0% Total Gross Revenue $5,579,947 $4,606,857 $973,090 21.1% $5,818,860 (4.1%) Average Revenue per Trip Average Full Toll Lanes $5.23 $4.77 $0.46 9.6% $4.91 6.5% Average 3+ Lanes $0.15 $0.00 $0.15 $0.13 15.4% Average Gross Revenue $4.12 $3.50 $0.62 17.7% $3.92 5.1% 43 11 The 2023 fiscal year-to-date (YTD) traffic volume decreased by 4.7 percent and potential toll revenue increased by 4.7 percent, when compared with the same period the prior year. YTD average revenue per trip is $4.00. Fiscal YTD 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 EL and associated potential revenue for the months of July 2022 through October 2022. Fiscal Year (FY) 2022-23 YTD as of October 31, 2022 Trips FY 2022-23 YTD Actual Stantec YTD Projected # Variance % Variance FY 2021-22 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 4,309,754 3,776,600 533,154 14.1%4,620,424 (6.7%) 3+ Lanes 1,262,041 1,363,571 (101,530)(7.4%)1,223,708 3.1% Total Gross Trips 5,571,795 5,140,171 431,624 8.4%5,844,132 (4.7%) Revenue Full Toll Lanes $22,104,302 $18,010,086 $4,094,216 22.7% $21,120,089 4.7% 3+ Lanes $185,959 $0 $185,959 $166,946 11.4% Total Gross Revenue $22,290,261 $18,010,086 $4,280,175 23.8% $21,287,035 4.7% Average Revenue per Trip Average Full Toll Lanes $5.13 $4.77 $0.36 7.5% $4.57 12.3% Average 3+ Lanes $0.15 $0.00 $0.15 $0.14 7.1% Average Gross Revenue $4.00 $3.50 $0.50 14.3% $3.64 9.9% 44 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between full toll lanes and HOV3+ lanes for FY 2022-23 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll lanes and HOV3+ lanes for FY 2022-23 on a monthly basis. 45 13 RCTC PEAK -HOUR VOLUMES In October, several toll rates were adjusted. RCTC evaluates traffic volumes for peak- period hours and adjusts rates according to the toll rate policy. RCTC E ASTBOUND PEAK -HOUR VOLUMES Eastbound PM Peak - County Line to McKinley  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 178 966 1,144 D $7.35 187 1052 1,239 E $9.55 176 1052 1,228 E $13.85 221 1,055 1,276 E $27.90 269 1,036 1,305 F 1500 - 1600 $8.05 222 954 1,176 D $10.20 224 988 1,212 E $13.40 226 1024 1,250 E $17.30 238 954 1,192 D $27.60 351 953 1,304 F 1600 - 1700 $5.65 175 1054 1,229 E $5.65 209 954 1,163 D $5.65 200 935 1,135 D $8.05 220 908 1,128 D $16.25 294 944 1,238 E 1700 - 1800 $5.65 195 897 1,092 D $5.65 209 843 1,052 D $5.65 179 892 1,071 D $5.65 226 1,002 1,228 E $7.35 302 1,064 1,366 F 1800 - 1900 $5.65 241 823 1,064 D $5.65 283 878 1,161 D $5.65 208 882 1,090 D $5.65 264 880 1,144 D $5.65 275 889 1,164 D 1900 - 2000 $2.40 184 560 744 B $4.45 271 760 1,031 D $4.45 247 972 1,219 E $5.65 288 959 1,247 E $4.45 316 742 1,058 D  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 223 1,067 1,290 E $7.35 195 1,093 1,288 E $9.55 197 1,042 1,239 E $13.85 217 1,037 1,254 E $27.90 235 1,059 1,294 E 1500 - 1600 $8.05 257 987 1,244 E $10.20 248 943 1,191 D $13.40 244 967 1,211 E $17.30 229 922 1,151 D $27.60 285 929 1,214 E 1600 - 1700 $5.65 216 949 1,165 D $5.65 206 934 1,140 D $5.65 182 958 1,140 D $8.05 232 995 1,227 E $16.25 215 876 1,091 D 1700 - 1800 $5.65 232 892 1,124 D $5.65 213 900 1,113 D $5.65 198 938 1,136 D $5.65 195 1,008 1,203 E $7.35 220 980 1,200 D 1800 - 1900 $5.65 259 814 1,073 D $5.65 248 784 1,032 D $5.65 209 877 1,086 D $5.65 253 898 1,151 D $5.65 232 803 1,035 D 1900 - 2000 $2.40 216 492 708 B $4.45 251 845 1,096 D $4.45 249 769 1,018 D $5.65 289 952 1,241 E $4.45 345 898 1,243 E  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 200 928 1,128 D $7.35 191 1,020 1,211 E $9.55 210 1,082 1,292 E $13.85 206 1,141 1,347 F $27.90 245 1,061 1,306 F 1500 - 1600 $8.05 246 970 1,216 E $10.20 245 965 1,210 E $13.40 238 986 1,224 E $17.30 242 983 1,225 E $27.60 265 986 1,251 E 1600 - 1700 $5.65 205 926 1,131 D $5.65 237 1,038 1,275 E $5.65 221 894 1,115 D $8.05 243 1,025 1,268 E $16.25 255 1,023 1,278 E 1700 - 1800 $5.65 204 900 1,104 D $5.65 205 932 1,137 D $5.65 224 974 1,198 D $5.65 202 944 1,146 D $7.35 255 956 1,211 E 1800 - 1900 $5.65 257 836 1,093 D $5.65 233 868 1,101 D $5.65 231 865 1,096 D $5.65 249 846 1,095 D $5.65 308 919 1,227 E 1900 - 2000 $2.40 199 621 820 C $4.45 244 752 996 C $4.45 252 902 1,154 D $5.65 275 981 1,256 E $4.45 322 820 1,142 D  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 185 1,013 1,198 D $7.35 213 1,098 1,311 F $9.55 235 1,117 1,352 F $13.85 219 1,128 1,347 F $27.90 261 1,096 1,357 F 1500 - 1600 $8.05 217 1,021 1,238 E $10.20 253 950 1,203 E $13.40 237 963 1,200 D $17.30 245 980 1,225 E $27.60 272 1,020 1,292 E 1600 - 1700 $5.65 181 947 1,128 D $5.65 188 1,013 1,201 E $5.65 255 1,278 1,533 F $8.05 233 1,070 1,303 F $16.25 262 1,071 1,333 F 1700 - 1800 $5.65 177 954 1,131 D $5.65 205 1,010 1,215 E $5.65 246 1,191 1,437 F $5.65 207 902 1,109 D $7.35 329 1,004 1,333 F 1800 - 1900 $5.65 237 819 1,056 D $5.65 252 843 1,095 D $5.65 265 912 1,177 D $5.65 273 891 1,164 D $5.65 340 973 1,313 F 1900 - 2000 $2.40 190 508 698 B $4.45 245 846 1,091 D $4.45 291 852 1,143 D $5.65 260 823 1,083 D $4.45 273 885 1,158 D  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 215 994 1,209 E 1500 - 1600 $8.05 236 905 1,141 D 1600 - 1700 $5.65 228 979 1,207 E 1700 - 1800 $5.65 231 911 1,142 D 1800 - 1900 $5.65 239 828 1,067 D 1900 - 2000 $2.40 115 332 447 B Wednesday 11/02/22 Friday 10/28/22 Thursday 11/03/22 Friday 11/04/22 10/17/22 Tuesday 10/18/22 Monday 10/31/22 Tuesday 11/01/22 Thursday 10/27/22 10/03/22 Tuesday 10/04/22 Thursday Monday 10/24/22 Tuesday 10/25/22 Wednesday 10/26/22 Wednesday 10/19/22 Thursday 10/20/22 Friday 10/21/22Monday 10/13/22 Friday 10/14/22Monday10/10/22 Tuesday 10/11/22 Wednesday 10/12/22 Wednesday 10/05/22 Thursday 10/06/22 Friday 10/07/22Monday 46 14 Eastbound PM Peak - County Line to 15 SB Ontario  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 $5.65 115 753 868 C $5.65 138 766 904 C $5.65 116 800 916 C $5.65 111 712 823 C $5.65 122 686 808 C 1500 - 1600 $5.65 128 715 843 C $5.65 139 703 842 C $5.65 100 737 837 C $5.65 139 708 847 C $5.65 144 548 692 B 1600 - 1700 $3.15 94 667 761 B $5.65 123 682 805 C $5.65 99 625 724 B $5.65 112 659 771 B $3.15 153 552 705 B 1700 - 1800 $3.15 106 646 752 B $3.15 147 649 796 B $3.15 122 612 734 B $3.15 126 662 788 B $3.15 110 397 507 B 1800 - 1900 $3.15 147 613 760 B $3.15 146 643 789 B $3.15 140 612 752 B $3.15 133 661 794 B $3.15 164 537 701 B 1900 - 2000 $3.15 119 370 489 B $3.15 158 619 777 B $3.15 177 668 845 C $3.15 187 667 854 C $3.15 174 513 687 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 115 726 841 C $5.65 105 694 799 B $5.65 119 752 871 C $5.65 96 793 889 C $5.65 135 742 877 C 1500 - 1600 $5.65 126 702 828 C $5.65 143 711 854 C $5.65 122 753 875 C $5.65 139 702 841 C $5.65 156 610 766 B 1600 - 1700 $3.15 118 622 740 B $5.65 113 601 714 B $5.65 108 670 778 B $5.65 117 663 780 B $3.15 132 608 740 B 1700 - 1800 $3.15 103 636 739 B $3.15 110 663 773 B $3.15 113 617 730 B $3.15 117 656 773 B $3.15 109 623 732 B 1800 - 1900 $3.15 142 602 744 B $3.15 140 592 732 B $3.15 131 644 775 B $3.15 155 585 740 B $3.15 122 466 588 B 1900 - 2000 $3.15 117 345 462 B $3.15 182 683 865 C $3.15 163 567 730 B $3.15 160 676 836 C $3.15 219 621 840 C  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 124 674 798 B $5.65 89 770 859 C $5.65 134 745 879 C $5.65 121 806 927 C $5.65 140 688 828 C 1500 - 1600 $5.65 142 704 846 C $5.65 143 720 863 C $5.65 141 702 843 C $5.65 124 686 810 C $5.65 140 613 753 B 1600 - 1700 $3.15 131 616 747 B $5.65 124 635 759 B $5.65 126 580 706 B $5.65 131 601 732 B $3.15 85 442 527 B 1700 - 1800 $3.15 111 615 726 B $3.15 124 657 781 B $3.15 127 637 764 B $3.15 115 668 783 B $3.15 125 623 748 B 1800 - 1900 $3.15 160 579 739 B $3.15 155 635 790 B $3.15 130 598 728 B $3.15 159 652 811 C $3.15 199 547 746 B 1900 - 2000 $3.15 132 446 578 B $3.15 192 605 797 B $3.15 195 617 812 C $3.15 166 706 872 C $3.15 183 495 678 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 128 681 809 C $5.65 116 679 795 B $5.65 118 758 876 C $5.65 146 731 877 C $5.65 130 665 795 B 1500 - 1600 $5.65 154 677 831 C $5.65 147 708 855 C $5.65 136 712 848 C $5.65 129 678 807 C $5.65 129 619 748 B 1600 - 1700 $3.15 120 674 794 B $5.65 118 696 814 C $5.65 78 414 492 B $5.65 93 703 796 B $3.15 123 553 676 B 1700 - 1800 $3.15 107 653 760 B $3.15 131 663 794 B $3.15 9 50 59 A $3.15 115 681 796 B $3.15 140 495 635 B 1800 - 1900 $3.15 158 596 754 B $3.15 161 641 802 C $3.15 168 694 862 C $3.15 150 612 762 B $3.15 174 478 652 B 1900 - 2000 $3.15 126 377 503 B $3.15 198 587 785 B $3.15 162 595 757 B $3.15 160 563 723 B $3.15 177 525 702 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 135 769 904 C 1500 - 1600 $5.65 140 668 808 C 1600 - 1700 $3.15 146 701 847 C 1700 - 1800 $3.15 147 636 783 B 1800 - 1900 $3.15 139 564 703 B 1900 - 2000 $3.15 69 239 308 A Thursday 11/03/22 Friday 11/04/22Monday10/31/22 Tuesday 11/01/22 Wednesday 11/02/22 Wednesday 10/26/22 Thursday 10/27/22 Friday 10/28/22Monday10/24/22 Tuesday 10/25/22 Thursday 10/20/22 Friday 10/21/22Monday10/17/22 Tuesday 10/18/22 Wednesday 10/19/22 Wednesday 10/12/22 Thursday 10/13/22 Friday 10/14/22Monday10/10/22 Tuesday 10/11/22 Monday 10/03/22 Tuesday 10/04/22 Wednesday 10/05/22 Thursday 10/06/22 Friday 10/07/22 47 15 RCTC W ESTBOUND PEAK -HOUR VOLUMES Westbound AM Peak - McKinley to County Line  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 203 389 592 B $2.40 215 390 605 B $2.40 207 415 622 B $2.40 221 396 617 B $2.40 189 375 564 B 0500 - 0600 $11.65 405 1034 1,439 F $11.65 419 1040 1,459 F $11.65 438 1043 1,481 F $9.85 444 1,181 1,625 F $5.65 384 891 1,275 E 0600 - 0700 $18.00 410 1225 1,635 F $19.05 414 1265 1,679 F $19.05 381 1238 1,619 F $18.00 426 1,245 1,671 F $10.90 396 1,167 1,563 F 0700 - 0800 $15.60 361 1209 1,570 F $16.35 381 1255 1,636 F $16.35 399 1301 1,700 F $15.30 364 1,262 1,626 F $8.35 349 1,145 1,494 F 0800 - 0900 $9.05 168 1150 1,318 E $10.10 210 1287 1,497 F $10.10 199 1298 1,497 F $9.05 209 1,144 1,353 F $5.65 187 900 1,087 D 0900 - 1000 $5.65 122 842 964 C $5.65 141 1093 1,234 E $5.65 136 1137 1,273 E $5.65 149 965 1,114 D $4.45 149 771 920 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 192 398 590 B $2.40 232 415 647 B $2.40 215 386 601 B $2.40 225 397 622 B $2.40 186 363 549 B 0500 - 0600 $11.65 384 998 1,382 F $11.65 407 1,016 1,423 F $11.65 420 1,103 1,523 F $9.85 448 1,080 1,528 F $5.65 355 956 1,311 E 0600 - 0700 $18.00 369 1,236 1,605 F $19.05 396 1,215 1,611 F $19.05 415 1,279 1,694 F $18.00 420 1,254 1,674 F $10.90 377 1,135 1,512 F 0700 - 0800 $15.60 307 1,113 1,420 F $16.35 424 1,385 1,809 F $16.35 406 1,317 1,723 F $15.30 387 1,311 1,698 F $8.35 327 954 1,281 E 0800 - 0900 $9.05 197 977 1,174 D $10.10 223 1,390 1,613 F $10.10 209 1,324 1,533 F $9.05 215 1,204 1,419 F $5.65 151 885 1,036 D 0900 - 1000 $5.65 170 781 951 C $5.65 137 1,013 1,150 D $5.65 145 913 1,058 D $5.65 164 1,025 1,189 D $4.45 124 791 915 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 203 423 626 B $2.40 227 420 647 B $2.40 213 397 610 B $2.40 215 382 597 B $2.40 184 378 562 B 0500 - 0600 $11.65 390 1,024 1,414 F $11.65 427 1,064 1,491 F $11.65 416 1,039 1,455 F $9.85 403 1,030 1,433 F $5.65 346 915 1,261 E 0600 - 0700 $18.00 406 1,258 1,664 F $19.05 412 1,284 1,696 F $19.05 436 1,228 1,664 F $18.00 421 1,290 1,711 F $10.90 358 1,131 1,489 F 0700 - 0800 $15.60 378 1,251 1,629 F $16.35 427 1,316 1,743 F $16.35 404 1,248 1,652 F $15.30 368 1,211 1,579 F $8.35 324 958 1,282 E 0800 - 0900 $9.05 181 1,178 1,359 F $10.10 198 1,212 1,410 F $10.10 174 1,368 1,542 F $9.05 208 1,013 1,221 E $5.65 161 770 931 C 0900 - 1000 $5.65 154 1,021 1,175 D $5.65 123 1,025 1,148 D $5.65 143 1,023 1,166 D $5.65 148 896 1,044 D $4.45 168 858 1,026 D  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 196 399 595 B $2.40 213 426 639 B $2.40 209 414 623 B $2.40 198 410 608 B $2.40 196 355 551 B 0500 - 0600 $11.65 380 1,009 1,389 F $11.65 435 1,049 1,484 F $11.65 399 927 1,326 E $9.85 442 1,046 1,488 F $5.65 367 948 1,315 E 0600 - 0700 $18.00 413 1,246 1,659 F $19.05 418 1,251 1,669 F $19.05 435 1,233 1,668 F $18.00 391 1,274 1,665 F $10.90 367 1,025 1,392 F 0700 - 0800 $15.60 397 1,232 1,629 F $16.35 344 1,264 1,608 F $16.35 442 1,281 1,723 F $15.30 408 1,242 1,650 F $8.35 314 834 1,148 D 0800 - 0900 $9.05 157 1,025 1,182 D $10.10 206 1,143 1,349 E $10.10 236 1,339 1,575 F $9.05 207 1,040 1,247 E $5.65 153 829 982 C 0900 - 1000 $5.65 132 843 975 C $5.65 157 1,056 1,213 E $5.65 155 1,035 1,190 D $5.65 180 1,006 1,186 D $4.45 143 733 876 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 207 426 633 B 0500 - 0600 $11.65 404 1,015 1,419 F 0600 - 0700 $18.00 395 1,249 1,644 F 0700 - 0800 $15.60 346 1,099 1,445 F 0800 - 0900 $9.05 155 885 1,040 D 0900 - 1000 $5.65 126 679 805 C Wednesday 11/02/22 Friday 10/28/22 Thursday 11/03/22 Friday 11/04/22 10/17/22 Tuesday 10/18/22 Monday 10/31/22 Tuesday 11/01/22 Thursday 10/27/22 10/03/22 Tuesday 10/04/22 Thursday Monday 10/24/22 Tuesday 10/25/22 Wednesday 10/26/22 Wednesday 10/19/22 Thursday 10/20/22 Friday 10/21/22Monday 10/13/22 Friday 10/14/22Monday10/10/22 Tuesday 10/11/22 Wednesday 10/12/22 Wednesday 10/05/22 Thursday 10/06/22 Friday 10/07/22Monday 48 16 Westbound AM Peak - I-15 North to County Line  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 173 467 640 B $3.15 174 491 665 B $3.15 171 433 604 B $3.15 178 473 651 B $3.15 122 391 513 B 0500 - 0600 $7.30 253 1018 1,271 E $7.30 266 1011 1,277 E $7.30 252 1025 1,277 E $7.30 272 1,039 1,311 E $5.65 230 855 1,085 D 0600 - 0700 $9.40 254 1116 1,370 E $9.40 282 1238 1,520 F $9.40 283 1186 1,469 F $9.40 258 1,223 1,481 F $7.30 248 958 1,206 E 0700 - 0800 $9.40 191 1069 1,260 E $9.40 230 1167 1,397 E $9.40 227 1117 1,344 E $9.40 209 1,100 1,309 E $7.30 167 863 1,030 D 0800 - 0900 $7.30 114 1000 1,114 D $7.30 124 1156 1,280 E $7.30 110 1131 1,241 E $7.30 144 1,008 1,152 D $5.65 125 842 967 C 0900 - 1000 $5.65 104 881 985 C $5.65 113 937 1,050 D $5.65 82 870 952 C $5.65 109 859 968 C $5.65 103 706 809 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 146 429 575 B $3.15 176 441 617 B $3.15 173 450 623 B $3.15 164 443 607 B $3.15 135 401 536 B 0500 - 0600 $7.30 233 982 1,215 E $7.30 274 1,061 1,335 E $7.30 283 1,053 1,336 E $7.30 282 1,035 1,317 E $5.65 234 851 1,085 D 0600 - 0700 $9.40 235 1,122 1,357 E $9.40 290 1,187 1,477 F $9.40 267 1,218 1,485 F $9.40 290 1,154 1,444 F $7.30 259 952 1,211 E 0700 - 0800 $9.40 179 1,001 1,180 D $9.40 233 1,221 1,454 F $9.40 207 1,194 1,401 F $9.40 224 1,077 1,301 E $7.30 190 880 1,070 D 0800 - 0900 $7.30 101 933 1,034 D $7.30 125 1,112 1,237 E $7.30 140 1,064 1,204 E $7.30 139 1,022 1,161 D $5.65 114 805 919 C 0900 - 1000 $5.65 101 681 782 B $5.65 118 907 1,025 D $5.65 105 867 972 C $5.65 122 860 982 C $5.65 143 687 830 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 183 484 667 B $3.15 194 504 698 B $3.15 183 461 644 B $3.15 190 469 659 B $3.15 143 366 509 B 0500 - 0600 $7.30 286 1,010 1,296 E $7.30 303 1,070 1,373 E $7.30 250 1,029 1,279 E $7.30 278 1,043 1,321 E $5.65 245 866 1,111 D 0600 - 0700 $9.40 281 1,142 1,423 F $9.40 263 1,237 1,500 F $9.40 296 1,194 1,490 F $9.40 296 1,115 1,411 F $7.30 261 903 1,164 D 0700 - 0800 $9.40 212 1,179 1,391 E $9.40 234 1,195 1,429 F $9.40 206 1,099 1,305 E $9.40 198 1,080 1,278 E $7.30 179 862 1,041 D 0800 - 0900 $7.30 153 1,067 1,220 E $7.30 138 1,119 1,257 E $7.30 126 1,115 1,241 E $7.30 142 1,034 1,176 D $5.65 122 817 939 C 0900 - 1000 $5.65 99 815 914 C $5.65 130 955 1,085 D $5.65 114 908 1,022 D $5.65 135 919 1,054 D $5.65 127 731 858 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 174 451 625 B $3.15 195 454 649 B $3.15 198 466 664 B $3.15 179 453 632 B $3.15 132 394 526 B 0500 - 0600 $7.30 264 978 1,242 E $7.30 275 1,016 1,291 E $7.30 264 1,004 1,268 E $7.30 252 1,007 1,259 E $5.65 233 856 1,089 D 0600 - 0700 $9.40 314 1,139 1,453 F $9.40 295 1,169 1,464 F $9.40 323 1,153 1,476 F $9.40 300 1,136 1,436 F $7.30 267 939 1,206 E 0700 - 0800 $9.40 215 1,082 1,297 E $9.40 193 1,123 1,316 E $9.40 202 1,174 1,376 E $9.40 222 1,153 1,375 E $7.30 159 875 1,034 D 0800 - 0900 $7.30 117 919 1,036 D $7.30 140 1,097 1,237 E $7.30 141 1,092 1,233 E $7.30 133 1,060 1,193 D $5.65 91 772 863 C 0900 - 1000 $5.65 116 779 895 C $5.65 119 926 1,045 D $5.65 112 920 1,032 D $5.65 113 832 945 C $5.65 88 629 717 B  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 173 448 621 B 0500 - 0600 $7.30 263 1,007 1,270 E 0600 - 0700 $9.40 279 1,059 1,338 E 0700 - 0800 $9.40 173 1,004 1,177 D 0800 - 0900 $7.30 91 847 938 C 0900 - 1000 $5.65 89 650 739 B Thursday 11/03/22 Friday 11/04/22Monday10/31/22 Tuesday 11/01/22 Wednesday 11/02/22 Wednesday 10/26/22 Thursday 10/27/22 Friday 10/28/22Monday10/24/22 Tuesday 10/25/22 Thursday 10/20/22 Friday 10/21/22Monday10/17/22 Tuesday 10/18/22 Wednesday 10/19/22 Wednesday 10/12/22 Thursday 10/13/22 Friday 10/14/22Monday10/10/22 Tuesday 10/11/22 Monday 10/03/22 Tuesday 10/04/22 Wednesday 10/05/22 Thursday 10/06/22 Friday 10/07/22 49 17 RCTC O P ERATIONAL HIGHLIGHTS On-Road Operations RCTC Freeway Service Patrol responded to 75 calls during the month of October. Of those calls, 60 were to assist disabled vehicles, four calls to remove debris, and 11 were in response to accidents that affected the 91 EL. 50 18 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement 10/31/2022 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 20,385,740.66$ 19,188,666.67$ 1,197,073.99$ 6.2 Fee Revenue 1,528,145.58 2,159,600.00 (631,454.42) (29.2) Total operating revenues 21,913,886.24 21,348,266.67 565,619.57 2.6 Operating expenses: Salaries and Benefits 223,941.42 268,500.00 44,558.58 16.6 Legal Services 3,642.75 116,666.67 113,023.92 96.9 Advisory Services 449.52 25,333.33 24,883.81 98.2 Audit and Accounting Fees 3,035.50 12,500.00 9,464.50 75.7 Service Fees (814.88) 2 4,333.33 5,148.21 118.8 Other Professional Services 82,995.41 415,000.00 332,004.59 80.0 Lease Expense 80,105.08 111,233.33 31,128.25 28.0 Operations 789,557.63 1,550,666.67 761,109.04 49.1 Utilities 4,309.44 24,200.00 19,890.56 82.2 Supplies and Materials 338.58 3,533.33 3,194.75 90.4 Membership and Subscription Fees 6,131.60 9,433.33 3,301.73 35.0 Office Equipment & Furniture (Non-Capital)- 26,666.67 26,666.67 100.0 Maintenance/Repairs 80,018.41 146,666.67 66,648.26 45.4 Training Seminars and Conferences 261.25 2,666.67 2,405.42 90.2 Transportation Expenses 119.10 966.67 847.57 87.7 Lodging 1,058.08 833.33 (224.75) (27.0) Meals 134.05 1,000.00 865.95 86.6 Other Staff Expenses 75.13 166.67 91.54 54.9 Advertising - 50,000.00 50,000.00 100.0 Program Management 13,393.28 17,466.67 4,073.39 23.3 Program Operations (1,157,444.18) 2 2,779,566.67 3,937,010.85 141.6 Litigation Settlement - - - N/A Furniture & Equipment 3,965.57 25,000.00 21,034.43 84.1 Improvements - 13,333.33 13,333.33 100.0 Bad Debt Expense 713.07 - (713.07) N/A Total operating expenses 135,985.81 5,605,733.33 5,469,747.52 97.6 Operating income (loss)21,777,900.43 15,742,533.33 6,035,367.10 38.3 Nonoperating revenues (expenses): Interest Revenue (575,158.51) 37,400.00 (612,558.51) 1,637.9 Other Miscellaneous Revenue - - - N/A Loss on Refunding - - - N/A Principal Expense - - - N/A Interest Expense (6,178,735.36) (7,400,333.33) 1,221,597.97 (16.5) Total nonoperating revenues (expenses)(6,753,893.87) (7,362,933.33) 609,039.46 8.3 Transfers In 42.90 - 42.90 N/A Transfers Out (228,300.00) (414,900.00) 186,600.00 (45.0) Net income (loss)14,795,749.46$ 7,964,700.00$ 6,831,049.46$ 85.8 1 Unaudited 2 Negatives are the result of FY22 accruals YTD as of : YTD Variance Actual1 51 19 JOINT AGENCY TRIP AND REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING October 31, 2022 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 803,666 603,405 75%$2,295,970.45 RCTC 761,938 603,405 79%$3,275,622.75 Eastbound OCTA 793,278 491,317 62%$2,800,490.69 RCTC 591,560 491,317 83%$2,304,324.23 52 20 JOINT AGENCY PER FORMANCE MEASURES REPORTING REQUIREMENT REPORTING PERIOD PERFORMANCE STANDARD OCTOBER 2022 PERFORMANCE Customer Service Service Level /Speed of Answer Monthly 80% answered within 60 seconds 60% answered within 60 seconds Abandon Percentage Monthly 4 % <= 6% Customer Satisfaction Score Monthly 4.5 => 4.92 First Contact Resolution Monthly 85% of calls resolved on the first contact 91% Timeliness of Case Resolution Monthly 90% of cases resolved in one (1) business day 71% Monthly 98% of cases resolved within five (5) business days 100% Mail Performance Processing Returned Mail Monthly Per business day in which 90% of returned mail is processed within three (3) business days 100% Monthly Per business day in which 100% of returned mail is not processed within ten (10) business days 100% Research and resolve unidentified Payments Monthly 100% of all unidentified payments are completely and accurately resolved within five (5) business days 100% Payment Processing Monthly Per business day in which 100% of payments are processed within two (2) business days 100% Accounting Customer Refunds Processed Monthly Per business day in which 100% of all refunds are not completely and accurately issued within five (5) business days 100% Key Performance Indicators for service level, abandoned calls, and case resolution were not achieved due to increased call volumes and staffing shortages for customer service representatives. Cofiroute is continuously recruiting customer service representatives to meet the increasing service demands. JOINT AGENCY TRANSPONDER DISTRIBUTION 53 21 At the end of October 2022, the 91 EL had 165,139 active customer accounts, and 650,825 transponders classified as assigned. Number of Accounts by FY As of October 31, 2022 54 Orange County Transportation Authority Riverside County Transportation Commission Status Report November 2022 As of November 30, 2022 ATTACHMENT 2 55 2 Table of Contents Operations Overview OCTA ............................................................................................ 3 Traffic and Revenue Statistics for OCTA ......................................................................... 3 OCTA Traffic and Revenue Summary ............................................................................. 5 OCTA Peak-Hour Volumes ............................................................................................. 6 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 56 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATISTICS FOR OCTA Total traffic volume on the 91 Express Lanes (91 EL) for November 2022 was 1,551,978. This represents a daily average of 51,733 vehicles. This is a seven percent decrease in total traffic volume from the same period last year, which totaled 1,668,735. Potential toll revenue for November was $4,984,809, which represents a decrease of 2.7 percent from the prior year’s total of $5,125,256. The decreases in traffic volume and potential toll revenues can be attributed to the higher levels of inflation, which has led to lower usage of the Express Lanes, in addition to several overnight closures of the westbound Orange County Transportation Authority (OCTA) Express Lanes. These closures were necessary to complete the testing of the Electronic Toll and Traffic Management (ETTM) equipment on the newly constructed westbound entrance toll gantry. Carpool percentage for November was 23.9 percent as compared to the previous year’s rate of 23.4 percent. Month-to-date (MTD) 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 EL and associated potential revenue for the month of November 2022. Current MTD as of November 30, 2022 Trips NOV-22 MTD Actual NOV-21 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,181,149 1,277,655 (7.6%) 3+ Lanes 370,829 391,080 (5.2%) Total Gross Trips 1,551,978 1,668,735 (7.0%) Revenue Full Toll Lanes $4,922,750 $5,079,291 (3.1%) 3+ Lanes $62,059 $45,965 35.0% Total Gross Revenue $4,984,809 $5,125,256 (2.7%) Average Revenue per Trip Average Full Toll Lanes $4.17 $3.98 4.8% Average 3+ Lanes $0.17 $0.12 41.7% Average Gross Revenue $3.21 $3.07 4.6% 57 4 The 2023 fiscal year-to-date (YTD) traffic volume decreased by 4.1 percent, and potential toll revenue decreased by 1.4 percent when compared with the same period the prior year. YTD average revenue per trip is $3.17. Fiscal YTD 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 EL and associated potential revenue for the months of July 2022 through November 2022. Fiscal Year (FY) 2022-23 YTD as of November 30, 2022 Trips FY 2022-23 YTD Actual FY 2021-22 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 6,230,474 6,577,643 (5.3%) 3+ Lanes 1,934,823 1,933,668 0.1% Total Gross Trips 8,165,297 8,511,311 (4.1%) Revenue Full Toll Lanes $25,582,551 $26,010,967 (1.6%) 3+ Lanes $300,462 $246,838 21.7% Total Gross Revenue $25,883,013 $26,257,805 (1.4%) Average Revenue per Trip Average Full Toll Lanes $4.11 $3.95 4.1% Average 3+ Lanes $0.16 $0.13 23.1% Average Gross Revenue $3.17 $3.09 2.6% 58 5 O CTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between full toll trips and high-occupancy vehicle (HOV3+) trips for FY 2022-23 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll trips and HOV3+ trips for FY 2022-23 on a monthly basis. 59 6 OCTA PEAK -HOUR VOLUMES Peak-hour traffic in the eastbound and westbound directions reached or exceeded 90 percent of defined capacity seven times during the month of November 2022. As demonstrated on the next chart, westbound peak-hour traffic volumes top out at 92 percent of defined capacity. OCTA EASTBOUND PEAK -HOUR VOLUMES  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 429 2,858 84%$5.30 424 2,914 86%$7.70 443 2,952 87%$8.60 474 2,872 84% 1500 - 1600 $5.75 400 2,434 72%$7.45 456 2,943 87%$7.45 505 3,070 90%$8.15 564 3,101 91% 1600 - 1700 $5.25 358 2,043 60%$6.50 409 2,845 84%$7.00 412 2,832 83%$6.95 481 2,770 81% 1700 - 1800 $4.90 465 2,978 88%$5.40 431 2,852 84%$6.70 423 2,847 84%$6.95 444 2,559 75% 1800 - 1900 $4.05 596 2,826 83%$4.05 577 2,852 84%$4.50 565 2,750 81%$6.95 618 2,774 82% 1900 - 2000 $3.95 585 2,383 70%$3.95 454 1,996 59%$5.75 623 2,687 79%$6.45 613 2,336 69%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 374 2,858 84%$5.30 323 2,411 71%$5.30 433 2,845 84%$7.70 446 2,774 82%$8.60 553 2,677 79% 1500 - 1600 $5.65 485 2,812 83%$5.75 377 2,423 71%$7.45 456 2,908 86%$7.45 482 2,706 80%$8.15 589 2,745 81% 1600 - 1700 $5.10 414 2,507 74%$5.25 413 2,622 77%$6.50 410 2,967 87%$7.00 448 2,637 78%$6.95 573 2,785 82% 1700 - 1800 $4.95 494 2,869 84%$4.90 464 2,602 77%$5.40 504 3,012 89%$6.70 497 2,934 86%$6.95 557 2,428 71% 1800 - 1900 $5.65 559 2,682 79%$4.05 572 2,563 75%$4.05 591 2,836 83%$4.50 623 2,955 87%$6.95 616 2,092 62% 1900 - 2000 $3.95 376 1,458 43%$3.95 341 1,333 39%$3.95 511 2,000 59%$5.75 693 2,790 82%$6.45 569 1,623 48%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 436 2,909 86%$5.30 382 2,801 82%$5.30 406 2,889 85%$7.70 408 2,822 83%$8.60 480 2,888 85% 1500 - 1600 $5.65 378 2,527 74%$5.75 464 3,049 90%$7.45 447 2,863 84%$7.45 470 3,040 89%$8.15 511 2,848 84% 1600 - 1700 $5.10 446 2,662 78%$5.25 401 2,697 79%$6.50 435 2,890 85%$7.00 451 2,891 85%$6.95 473 2,788 82% 1700 - 1800 $4.95 460 2,827 83%$4.90 455 2,788 82%$5.40 483 2,814 83%$6.70 488 2,852 84%$6.95 497 2,582 76% 1800 - 1900 $5.65 665 2,969 87%$4.05 554 2,711 80%$4.05 591 2,750 81%$4.50 613 2,807 83%$6.95 677 2,940 86% 1900 - 2000 $3.95 456 1,893 56%$3.95 643 2,765 81%$3.95 552 2,554 75%$5.75 673 2,800 82%$6.45 660 2,378 70%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 483 2,864 84%$5.30 521 2,971 87%$7.90 576 2,999 88%$5.60 860 2,326 68%$5.25 465 1,502 44% 1500 - 1600 $5.65 490 2,884 85%$5.75 455 2,925 86%$9.00 545 2,905 85%$5.25 800 2,074 61%$5.25 492 1,485 44% 1600 - 1700 $5.10 491 2,868 84%$5.25 469 2,808 83%$9.00 571 2,721 80%$5.25 782 1,913 56%$5.25 403 1,252 37% 1700 - 1800 $4.95 494 2,880 85%$4.90 540 3,023 89%$9.00 319 1,413 42%$5.25 748 1,771 52%$5.25 439 1,327 39% 1800 - 1900 $5.65 638 2,788 82%$4.05 650 3,011 89%$6.40 696 2,659 78%$5.60 678 1,593 47%$5.25 463 1,123 33% 1900 - 2000 $3.95 510 1,725 51%$3.95 641 2,455 72%$6.10 565 1,897 56%$5.60 747 1,549 46%$5.25 420 973 29%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 385 2,620 77%$5.30 366 2,703 80%$5.30 425 2,873 85% 1500 - 1600 $5.65 449 2,800 82%$5.75 419 2,887 85%$7.45 467 3,057 90% 1600 - 1700 $5.10 420 2,814 83%$5.25 441 2,898 85%$6.50 445 2,821 83% 1700 - 1800 $4.95 474 2,953 87%$4.90 484 2,858 84%$5.40 489 2,977 88% 1800 - 1900 $5.65 598 2,455 72%$4.05 594 2,872 84%$4.05 593 2,870 84% 1900 - 2000 $3.95 362 1,308 38%$3.95 515 2,177 64%$3.95 572 2,411 71% Thursday 11/03/22 Friday 11/04/22 Monday 11/07/22 Tuesday 11/08/22 Wednesday 11/09/22 Monday 10/31/22 Tuesday 11/01/22 Wednesday 11/02/22 Thursday 11/10/22 Friday 11/11/22 Monday 11/14/22 Tuesday 11/15/22 Wednesday 11/16/22 Thursday 11/17/22 Friday 11/18/22 Monday 11/21/22 Tuesday 11/22/22 Wednesday 11/23/22 Thursday 11/24/22 Friday 11/25/22 Monday 11/28/22 Tuesday 11/29/22 Wednesday 11/30/22 Thursday 12/01/22 Friday 12/02/22 60 7 OCTA WEST BOUND PEAK -HOUR VOLUMES  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 443 1,218 36%$3.15 445 1,256 37%$3.15 439 1,231 36%$3.25 362 1,022 30% 0500 - 0600 $5.10 796 2,791 82%$5.10 781 2,690 79%$5.10 762 2,658 78%$5.00 637 2,318 68% 0600 - 0700 $5.30 699 3,084 91%$5.30 652 2,921 86%$5.30 383 1,595 47%$5.25 632 2,640 78% 0700 - 0800 $5.80 590 2,725 80%$5.80 682 2,854 84%$5.80 642 2,689 79%$5.80 447 2,275 67% 0800 - 0900 $5.30 319 2,489 73%$5.30 334 2,781 82%$5.30 387 2,801 82%$5.25 289 1,919 56% 0900 - 1000 $4.20 357 2,470 73%$4.20 317 2,545 75%$4.20 319 2,628 77%$4.35 295 1,850 54%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 412 1,164 34%$3.15 391 1,062 31%$3.15 415 1,117 33%$3.15 408 1,141 34%$3.25 223 640 19% 0500 - 0600 $5.10 701 2,599 76%$5.10 712 2,452 72%$5.10 737 2,717 80%$5.10 756 2,695 79%$5.00 375 1,470 43% 0600 - 0700 $5.30 602 2,846 84%$5.30 599 2,678 79%$5.30 644 2,999 88%$5.30 654 2,993 88%$5.25 314 1,705 50% 0700 - 0800 $5.80 638 2,794 82%$5.80 535 2,493 73%$5.80 526 2,692 79%$5.80 576 2,822 83%$5.80 286 1,427 42% 0800 - 0900 $5.30 305 2,539 75%$5.30 290 2,208 65%$5.30 290 2,437 72%$5.30 307 2,318 68%$5.25 359 1,572 46% 0900 - 1000 $4.20 290 2,224 65%$4.20 244 1,898 56%$4.20 237 1,968 58%$4.20 301 2,207 65%$4.35 444 1,770 52%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 401 1,158 34%$3.15 434 1,241 37%$3.15 430 1,225 36%$3.15 409 1,225 36%$3.25 366 1,062 31% 0500 - 0600 $5.10 722 2,727 80%$5.10 767 2,776 82%$5.10 713 2,720 80%$5.10 780 2,808 83%$5.00 713 2,491 73% 0600 - 0700 $5.30 627 3,001 88%$5.30 622 2,966 87%$5.30 595 2,712 80%$5.30 685 3,101 91%$5.25 581 2,622 77% 0700 - 0800 $5.80 578 2,839 84%$5.80 540 2,438 72%$5.80 619 2,959 87%$5.80 657 2,915 86%$5.80 446 2,053 60% 0800 - 0900 $5.30 277 2,364 70%$5.30 355 2,824 83%$5.30 357 2,868 84%$5.30 315 2,458 72%$5.25 268 1,867 55% 0900 - 1000 $4.20 270 2,078 61%$4.20 282 2,350 69%$4.20 269 2,109 62%$4.20 299 2,204 65%$4.35 260 1,794 53%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 422 1,352 40%$3.15 383 1,145 34%$3.25 342 1,002 29%$1.80 42 99 3%$1.80 50 163 5% 0500 - 0600 $5.10 733 2,701 79%$5.10 731 2,662 78%$5.45 640 2,296 68%$1.80 66 164 5%$1.80 106 334 10% 0600 - 0700 $5.30 476 2,506 74%$5.30 531 2,734 80%$5.60 466 2,310 68%$1.80 61 224 7%$2.70 96 424 12% 0700 - 0800 $5.80 422 2,654 78%$5.80 346 2,090 61%$6.10 313 1,573 46%$1.80 77 289 9%$3.25 105 489 14% 0800 - 0900 $5.30 328 2,150 63%$5.30 327 1,815 53%$6.10 294 1,607 47%$1.80 169 476 14%$3.25 204 750 22% 0900 - 1000 $4.20 336 1,883 55%$4.20 343 1,839 54%$5.60 323 1,642 48%$2.70 262 714 21%$4.05 314 1,045 31%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 435 1,430 42%$3.15 420 1,209 36%$3.15 423 1,211 36% 0500 - 0600 $5.10 749 3,021 89%$5.10 703 2,508 74%$5.10 773 2,703 80% 0600 - 0700 $5.30 477 2,218 65%$5.30 706 3,015 89%$5.30 660 2,866 84% 0700 - 0800 $5.80 683 3,125 92%$5.80 550 2,764 81%$5.80 516 2,256 66% 0800 - 0900 $5.30 328 2,487 73%$5.30 284 2,197 65%$5.30 359 2,717 80% 0900 - 1000 $4.20 283 1,912 56%$4.20 194 1,461 43%$4.20 273 2,046 60% Monday 10/31/22 Tuesday 11/01/22 Wednesday 11/02/22 Thursday 11/03/22 Friday 11/04/22 Monday 11/07/22 Tuesday 11/08/22 Wednesday 11/09/22 Thursday 11/10/22 Friday 11/11/22 Monday 11/14/22 Tuesday 11/15/22 Wednesday Monday 11/21/22 Tuesday 11/22/22 Wednesday 11/30/22 Thursday 11/17/22 Friday 11/18/22 11/23/22 Thursday 12/01/22 Friday 12/02/22 Thursday 11/24/22 Friday 11/25/22 11/16/22 Monday 11/28/22 Tuesday 11/29/22 Wednesday 61 8 OCTA OPERATIONAL HIGHLIGHTS 91 Express Lanes Toll Entrance Gantries Infrastructure Project Update OCTA entered into an agreement with the California Department of Transportation (Caltrans) to provide construction and construction management services for the 91 Express Lanes Toll Entrance Gantries Infrastructure Project. This project includes constructing new toll gantries infrastructure at the three entrances of the OCTA 91 Express Lanes. In October, Kapsch TrafficCom USA, Inc. (Kapsch), the toll lanes system integrator for the 91 Express Lanes, installed the new ETTM system equipment on the westbound entrance gantry. In November, testing of the new equipment was completed. This testing required several nights of closures on the westbound direction which affected volumes and revenues on the OCTA segment of the 91 Express Lanes. 62 9 FINANCIAL HIGHLIGHTS OCTA Capital Asset Activity During the five months ending November 30, 2022, capital asset activities included payments of $195,292 attributed to the ETTM system project and $297,339 attributed to the Back Office System implementation project. 63 10 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the 91 EL for November 2022 was 1,339,913. This represents a daily average of 44,664 vehicles. This is a 6.4 percent decrease in total traffic volume from the same period last year, which totaled 1,431,424. Potential toll revenue for November was $5,302,168, which represents a decrease of 1.9 percent from the prior year’s total of $5,402,307. Carpool percentage for November was 23.1 percent as compared to the previous year’s rate of 22 percent. MTD traffic and revenue data is summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the Riverside County Transportation Commission (RCTC) 91 EL and associated potential revenue for the month of November 2022. Current MTD as of November 30, 2022 Trips NOV-22 MTD Actual Stantec MTD Projected # Variance % Variance NOV-21 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,031,063 888,143 142,920 16.1%1,116,965 (7.7%) 3+ Lanes 308,850 321,857 (13,007)(4.0%)314,459 (1.8%) Total Gross Trips 1,339,913 1,210,000 129,913 10.7%1,431,424 (6.4%) Revenue Full Toll Lanes $5,256,935 $4,243,000 $1,013,935 23.9% $5,367,195 (2.1%) 3+ Lanes $45,233 $0 $45,233 $35,112 28.8% Total Gross Revenue $5,302,168 $4,243,000 $1,059,168 25.0% $5,402,307 (1.9%) Average Revenue per Trip Average Full Toll Lanes $5.10 $4.78 $0.32 6.7% $4.81 6.0% Average 3+ Lanes $0.15 $0.00 $0.15 $0.11 36.4% Average Gross Revenue $3.96 $3.51 $0.45 12.8% $3.77 5.0% 64 11 The 2023 fiscal YTD traffic volume decreased by five percent, and potential toll revenue increased by 3.4 percent, when compared with the same period the prior year. YTD average revenue per trip is $3.99. Fiscal YTD 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 EL and associated potential revenue for the months of July 2022 through November 2022. FY 2022-23 YTD as of November 30, 2022 Trips FY 2022-23 YTD Actual Stantec YTD Projected # Variance % Variance FY 2021-22 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 5,340,817 4,664,743 676,074 14.5%5,737,389 (6.9%) 3+ Lanes 1,570,891 1,685,429 (114,538)(6.8%)1,538,167 2.1% Total Gross Trips 6,911,708 6,350,171 561,537 8.8%7,275,556 (5.0%) Revenue Full Toll Lanes $27,361,237 $22,253,086 $5,108,151 23.0% $26,487,284 3.3% 3+ Lanes $231,193 $0 $231,193 $202,058 14.4% Total Gross Revenue $27,592,430 $22,253,086 $5,339,344 24.0% $26,689,342 3.4% Average Revenue per Trip Average Full Toll Lanes $5.12 $4.77 $0.35 7.3% $4.62 10.8% Average 3+ Lanes $0.15 $0.00 $0.15 $0.13 15.4% Average Gross Revenue $3.99 $3.50 $0.49 14.0% $3.67 8.7% 65 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between full toll lanes and HOV3+ lanes for FY 2022-23 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll lanes and HOV3+ lanes for FY 2022-23 on a monthly basis. 66 13 RCTC PEAK -HOUR VOLUMES In November, several toll rates were adjusted. RCTC evaluates traffic volumes for peak-period hours and adjusts rates according to the toll rate policy. RCTC E ASTBOUND PEAK -HOUR VOLUMES Eastbound PM Peak - County Line to McKinley  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 174 1060 1,234 E $9.55 224 1113 1,337 F $13.85 230 1,072 1,302 F $27.90 273 1,038 1,311 F 1500 - 1600 $10.20 210 896 1,106 D $13.40 213 992 1,205 E $17.30 242 1,057 1,299 E $27.60 290 973 1,263 E 1600 - 1700 $5.65 176 866 1,042 D $5.65 186 1013 1,199 D $8.05 222 998 1,220 E $16.25 249 892 1,141 D 1700 - 1800 $5.65 219 993 1,212 E $5.65 178 874 1,052 D $5.65 183 912 1,095 D $7.35 191 952 1,143 D 1800 - 1900 $5.65 268 794 1,062 D $5.65 266 801 1,067 D $5.65 279 890 1,169 D $5.65 270 924 1,194 D 1900 - 2000 $4.45 258 746 1,004 D $4.45 202 682 884 C $5.65 307 940 1,247 E $4.45 295 872 1,167 D  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 152 863 1,015 D $7.35 176 872 1,048 D $9.55 196 1,024 1,220 E $13.85 255 1,120 1,375 F $27.90 288 935 1,223 E 1500 - 1600 $8.05 219 862 1,081 D $10.20 171 702 873 C $13.40 241 953 1,194 D $17.30 285 983 1,268 E $27.60 325 907 1,232 E 1600 - 1700 $5.65 159 818 977 C $5.65 196 780 976 C $5.65 195 928 1,123 D $8.05 238 1,011 1,249 E $16.25 317 942 1,259 E 1700 - 1800 $5.65 215 763 978 C $5.65 205 758 963 C $5.65 217 895 1,112 D $5.65 236 1,017 1,253 E $7.35 274 805 1,079 D 1800 - 1900 $5.65 266 807 1,073 D $5.65 263 708 971 C $5.65 221 835 1,056 D $5.65 285 957 1,242 E $5.65 271 648 919 C 1900 - 2000 $2.40 189 478 667 B $4.45 172 442 614 B $4.45 206 694 900 C $5.65 335 934 1,269 E $4.45 260 520 780 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 188 1,047 1,235 E $7.35 195 1,063 1,258 E $9.55 204 1,107 1,311 F $13.85 203 1,079 1,282 E $27.90 267 1,063 1,330 F 1500 - 1600 $8.05 216 941 1,157 D $10.20 240 1,001 1,241 E $13.40 215 945 1,160 D $17.30 269 1,021 1,290 E $27.60 300 979 1,279 E 1600 - 1700 $5.65 199 884 1,083 D $5.65 191 942 1,133 D $5.65 216 973 1,189 D $8.05 209 881 1,090 D $16.25 278 944 1,222 E 1700 - 1800 $5.65 198 911 1,109 D $5.65 211 906 1,117 D $5.65 216 864 1,080 D $5.65 228 973 1,201 E $7.35 217 831 1,048 D 1800 - 1900 $5.65 265 833 1,098 D $5.65 242 827 1,069 D $5.65 253 801 1,054 D $5.65 272 818 1,090 D $5.65 313 963 1,276 E 1900 - 2000 $2.40 229 659 888 C $4.45 292 818 1,110 D $4.45 240 793 1,033 D $5.65 330 865 1,195 D $4.45 382 907 1,289 E  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 259 1,071 1,330 F $7.35 279 1,143 1,422 F $16.10 363 1,016 1,379 F $7.35 424 859 1,283 E $4.45 241 549 790 B 1500 - 1600 $8.05 228 1,052 1,280 E $10.20 277 1,052 1,329 F $12.60 277 750 1,027 D $5.65 409 720 1,129 D $4.45 240 540 780 B 1600 - 1700 $5.65 225 996 1,221 E $5.65 268 1,011 1,279 E $9.90 345 988 1,333 F $5.65 374 667 1,041 D $2.40 181 423 604 B 1700 - 1800 $5.65 248 862 1,110 D $5.65 274 942 1,216 E $7.35 205 632 837 C $4.45 371 576 947 C $2.40 205 399 604 B 1800 - 1900 $5.65 287 831 1,118 D $5.65 312 917 1,229 E $4.45 362 950 1,312 F $4.45 297 521 818 C $2.40 206 343 549 B 1900 - 2000 $2.40 246 627 873 C $4.45 337 851 1,188 D $4.45 298 731 1,029 D $4.45 300 470 770 B $2.40 212 251 463 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 185 981 1,166 D $7.35 170 1,038 1,208 E $9.55 225 1,096 1,321 F 1500 - 1600 $8.05 216 932 1,148 D $10.20 208 975 1,183 D $13.40 220 1,016 1,236 E 1600 - 1700 $5.65 189 868 1,057 D $5.65 204 912 1,116 D $5.65 196 913 1,109 D 1700 - 1800 $5.65 211 853 1,064 D $5.65 181 910 1,091 D $5.65 222 898 1,120 D 1800 - 1900 $5.65 241 701 942 C $5.65 271 842 1,113 D $5.65 248 847 1,095 D 1900 - 2000 $2.40 146 403 549 B $4.45 204 681 885 C $4.45 258 788 1,046 D Wednesday 11/30/22 Thursday 12/01/22 Friday 12/02/22Monday11/28/22 Tuesday 11/29/22 Thursday 11/24/22 Friday 11/25/22Monday11/21/22 Tuesday 11/22/22 Wednesday 11/23/22 Wednesday 11/16/22 Thursday 11/17/22 Friday 11/18/22Monday11/14/22 Tuesday 11/15/22 Thursday 11/10/22 Friday 11/11/22Monday11/07/22 Tuesday 11/08/22 Wednesday 11/09/22 Wednesday 11/02/22 Thursday 11/03/22 Friday 11/04/22Monday10/31/22 Tuesday 11/01/22 67 14 Eastbound PM Peak - County Line to 15 SB Ontario  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 $5.65 136 783 919 C $5.65 128 796 924 C $5.65 117 769 886 C $5.65 134 658 792 B 1500 - 1600 $5.65 125 643 768 B $5.65 119 723 842 C $5.65 126 709 835 C $5.65 129 659 788 B 1600 - 1700 $5.65 106 494 600 B $5.65 95 655 750 B $5.65 110 620 730 B $3.15 113 584 697 B 1700 - 1800 $3.15 145 723 868 C $3.15 121 600 721 B $3.15 102 587 689 B $3.15 130 589 719 B 1800 - 1900 $3.15 147 611 758 B $3.15 127 643 770 B $3.15 151 599 750 B $3.15 157 621 778 B 1900 - 2000 $3.15 199 566 765 B $3.15 139 483 622 B $3.15 177 620 797 B $3.15 180 520 700 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 104 656 760 B $5.65 99 641 740 B $5.65 96 744 840 C $5.65 115 688 803 C $5.65 167 723 890 C 1500 - 1600 $5.65 106 675 781 B $5.65 100 599 699 B $5.65 137 699 836 C $5.65 145 626 771 B $5.65 173 571 744 B 1600 - 1700 $3.15 88 535 623 B $5.65 95 574 669 B $5.65 112 634 746 B $5.65 120 588 708 B $3.15 152 574 726 B 1700 - 1800 $3.15 123 575 698 B $3.15 121 528 649 B $3.15 114 617 731 B $3.15 133 647 780 B $3.15 165 536 701 B 1800 - 1900 $3.15 158 599 757 B $3.15 170 542 712 B $3.15 157 628 785 B $3.15 170 629 799 B $3.15 202 482 684 B 1900 - 2000 $3.15 121 390 511 B $3.15 112 337 449 B $3.15 125 491 616 B $3.15 198 605 803 C $3.15 161 323 484 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 117 734 851 C $5.65 100 774 874 C $5.65 122 824 946 C $5.65 125 735 860 C $5.65 116 714 830 C 1500 - 1600 $5.65 118 624 742 B $5.65 130 752 882 C $5.65 116 710 826 C $5.65 127 736 863 C $5.65 138 715 853 C 1600 - 1700 $3.15 115 573 688 B $5.65 103 660 763 B $5.65 83 629 712 B $5.65 116 653 769 B $3.15 123 664 787 B 1700 - 1800 $3.15 105 597 702 B $3.15 130 603 733 B $3.15 135 645 780 B $3.15 123 666 789 B $3.15 123 542 665 B 1800 - 1900 $3.15 158 697 855 C $3.15 135 592 727 B $3.15 143 565 708 B $3.15 152 659 811 C $3.15 165 610 775 B 1900 - 2000 $3.15 149 544 693 B $3.15 195 648 843 C $3.15 185 672 857 C $3.15 199 655 854 C $3.15 197 578 775 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 123 730 853 C $5.65 157 737 894 C $5.65 177 601 778 B $3.15 262 543 805 C $3.15 155 361 516 B 1500 - 1600 $5.65 127 705 832 C $5.65 129 660 789 B $5.65 125 480 605 B $3.15 222 488 710 B $3.15 143 316 459 B 1600 - 1700 $3.15 139 681 820 C $5.65 134 617 751 B $3.15 194 643 837 C $3.15 244 402 646 B $3.15 115 249 364 A 1700 - 1800 $3.15 159 604 763 B $3.15 159 583 742 B $3.15 100 356 456 B $3.15 255 420 675 B $3.15 123 277 400 A 1800 - 1900 $3.15 157 592 749 B $3.15 182 651 833 C $3.15 191 582 773 B $3.15 259 380 639 B $3.15 139 229 368 A 1900 - 2000 $3.15 142 470 612 B $3.15 186 604 790 B $3.15 157 439 596 B $3.15 288 361 649 B $2.10 124 197 321 A  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 104 661 765 B $5.65 94 697 791 B $5.65 98 769 867 C 1500 - 1600 $5.65 126 694 820 C $5.65 97 717 814 C $5.65 111 786 897 C 1600 - 1700 $3.15 97 601 698 B $5.65 99 664 763 B $5.65 121 642 763 B 1700 - 1800 $3.15 112 600 712 B $3.15 122 604 726 B $3.15 141 597 738 B 1800 - 1900 $3.15 138 550 688 B $3.15 154 590 744 B $3.15 153 586 739 B 1900 - 2000 $3.15 114 297 411 B $3.15 160 549 709 B $3.15 177 526 703 B Thursday 12/01/22 Friday 12/02/22Monday11/28/22 Tuesday 11/29/22 Wednesday 11/30/22 Wednesday 11/23/22 Thursday 11/24/22 Friday 11/25/22Monday11/21/22 Tuesday 11/22/22 Thursday 11/17/22 Friday 11/18/22Monday11/14/22 Tuesday 11/15/22 Wednesday 11/16/22 Wednesday 11/09/22 Thursday 11/10/22 Friday 11/11/22Monday11/07/22 Tuesday 11/08/22 Thursday 11/03/22 Friday 11/04/22Monday10/31/22 Tuesday 11/01/22 Wednesday 11/02/22 68 15 RCTC W ESTBOUND PEAK -HOUR VOLUMES Westbound AM Peak - McKinley to County Line  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 207 415 622 B $2.40 229 424 653 B $2.40 213 385 598 B $2.40 190 381 571 B 0500 - 0600 $11.65 414 986 1,400 F $11.65 423 1050 1,473 F $9.85 419 1,016 1,435 F $5.65 386 902 1,288 E 0600 - 0700 $19.05 409 1291 1,700 F $19.05 402 1199 1,601 F $18.00 276 884 1,160 D $10.90 367 1,136 1,503 F 0700 - 0800 $16.35 388 1259 1,647 F $16.35 427 1173 1,600 F $15.30 604 1,788 2,392 F $8.35 291 950 1,241 E 0800 - 0900 $10.10 205 1238 1,443 F $10.10 239 1312 1,551 F $9.05 254 1,450 1,704 F $5.65 175 843 1,018 D 0900 - 1000 $5.65 173 1038 1,211 E $5.65 172 1109 1,281 E $5.65 174 1,200 1,374 F $4.45 154 766 920 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 224 382 606 B $2.40 212 370 582 B $2.40 227 357 584 B $2.40 199 414 613 B $2.40 113 211 324 A 0500 - 0600 $11.65 385 961 1,346 E $11.65 375 875 1,250 E $11.65 417 966 1,383 F $9.85 416 1,017 1,433 F $5.65 222 602 824 C 0600 - 0700 $18.00 383 1,153 1,536 F $19.05 366 1,039 1,405 F $19.05 411 1,276 1,687 F $18.00 394 1,261 1,655 F $10.90 212 760 972 C 0700 - 0800 $15.60 395 1,172 1,567 F $16.35 370 1,089 1,459 F $16.35 296 1,250 1,546 F $15.30 401 1,254 1,655 F $8.35 194 642 836 C 0800 - 0900 $9.05 182 1,179 1,361 F $10.10 187 956 1,143 D $10.10 151 1,048 1,199 D $9.05 195 1,131 1,326 E $5.65 186 650 836 C 0900 - 1000 $5.65 126 891 1,017 D $5.65 128 818 946 C $5.65 126 839 965 C $5.65 158 896 1,054 D $4.45 231 613 844 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 198 421 619 B $2.40 210 418 628 B $2.40 222 357 579 B $2.40 218 456 674 B $2.40 201 389 590 B 0500 - 0600 $11.65 397 1,007 1,404 F $11.65 419 1,019 1,438 F $11.65 362 946 1,308 E $9.85 430 1,106 1,536 F $5.65 396 946 1,342 E 0600 - 0700 $18.00 390 1,317 1,707 F $19.05 366 1,233 1,599 F $19.05 328 1,128 1,456 F $18.00 420 1,292 1,712 F $10.90 355 1,068 1,423 F 0700 - 0800 $15.60 385 1,298 1,683 F $16.35 417 1,333 1,750 F $16.35 444 1,305 1,749 F $15.30 408 1,302 1,710 F $8.35 266 819 1,085 D 0800 - 0900 $9.05 198 1,070 1,268 E $10.10 224 1,407 1,631 F $10.10 236 1,361 1,597 F $9.05 196 1,062 1,258 E $5.65 160 838 998 C 0900 - 1000 $5.65 149 896 1,045 D $5.65 133 1,011 1,144 D $5.65 154 965 1,119 D $5.65 164 891 1,055 D $4.45 132 798 930 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 208 403 611 B $2.40 197 428 625 B $2.40 167 352 519 B $1.65 15 27 42 A $1.65 24 47 71 A 0500 - 0600 $11.65 367 917 1,284 E $11.65 373 995 1,368 F $7.35 332 890 1,222 E $1.65 26 36 62 A $1.65 52 109 161 A 0600 - 0700 $18.00 401 1,392 1,793 F $19.05 325 1,152 1,477 F $7.35 302 956 1,258 E $1.65 29 74 103 A $1.65 51 154 205 A 0700 - 0800 $15.60 285 1,205 1,490 F $16.35 283 958 1,241 E $7.35 202 651 853 C $1.65 50 126 176 A $1.65 66 201 267 A 0800 - 0900 $9.05 180 837 1,017 D $10.10 139 678 817 C $4.45 177 669 846 C $1.65 93 154 247 A $1.65 105 277 382 A 0900 - 1000 $5.65 167 667 834 C $5.65 188 772 960 C $4.45 169 580 749 B $2.40 134 249 383 A $2.40 170 382 552 B  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 208 418 626 B $2.40 213 427 640 B $2.40 211 443 654 B 0500 - 0600 $11.65 359 990 1,349 E $11.65 342 836 1,178 D $11.65 414 978 1,392 F 0600 - 0700 $18.00 283 955 1,238 E $19.05 418 1,241 1,659 F $19.05 403 1,261 1,664 F 0700 - 0800 $15.60 411 1,233 1,644 F $16.35 368 1,287 1,655 F $16.35 371 1,186 1,557 F 0800 - 0900 $9.05 194 1,065 1,259 E $10.10 192 1,115 1,307 E $10.10 206 1,126 1,332 E 0900 - 1000 $5.65 136 732 868 C $5.65 118 743 861 C $5.65 154 837 991 C Wednesday 11/30/22 Thursday 12/01/22 Friday 12/02/22Monday11/28/22 Tuesday 11/29/22 Thursday 11/24/22 Friday 11/25/22Monday11/21/22 Tuesday 11/22/22 Wednesday 11/23/22 Wednesday 11/16/22 Thursday 11/17/22 Friday 11/18/22Monday11/14/22 Tuesday 11/15/22 Thursday 11/10/22 Friday 11/11/22Monday11/07/22 Tuesday 11/08/22 Wednesday 11/09/22 Wednesday 11/02/22 Thursday 11/03/22 Friday 11/04/22Monday10/31/22 Tuesday 11/01/22 69 16 Westbound AM Peak - I-15 North to County Line  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 181 467 648 B $3.15 187 476 663 B $3.15 176 471 647 B $3.15 138 392 530 B 0500 - 0600 $7.30 283 1017 1,300 E $7.30 274 990 1,264 E $7.30 260 1,008 1,268 E $5.65 223 839 1,062 D 0600 - 0700 $9.40 279 1213 1,492 F $9.40 309 1162 1,471 F $9.40 157 586 743 B $7.30 233 982 1,215 E 0700 - 0800 $9.40 230 1111 1,341 E $9.40 238 1157 1,395 E $9.40 112 672 784 B $7.30 175 854 1,029 D 0800 - 0900 $7.30 146 1034 1,180 D $7.30 141 1116 1,257 E $7.30 153 1,180 1,333 E $5.65 115 813 928 C 0900 - 1000 $5.65 142 933 1,075 D $5.65 106 891 997 C $5.65 111 846 957 C $5.65 125 676 801 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 165 470 635 B $3.15 144 396 540 B $3.15 158 419 577 B $3.15 177 451 628 B $3.15 92 267 359 A 0500 - 0600 $7.30 262 918 1,180 D $7.30 243 899 1,142 D $7.30 252 1,008 1,260 E $7.30 251 942 1,193 D $5.65 131 547 678 B 0600 - 0700 $9.40 283 1,118 1,401 F $9.40 271 1,077 1,348 E $9.40 290 1,233 1,523 F $9.40 274 1,200 1,474 F $7.30 153 708 861 C 0700 - 0800 $9.40 240 1,132 1,372 E $9.40 206 977 1,183 D $9.40 152 1,103 1,255 E $9.40 189 1,052 1,241 E $7.30 102 557 659 B 0800 - 0900 $7.30 112 1,038 1,150 D $7.30 127 990 1,117 D $7.30 101 1,085 1,186 D $7.30 150 1,010 1,160 D $5.65 136 592 728 B 0900 - 1000 $5.65 83 801 884 C $5.65 92 720 812 C $5.65 115 815 930 C $5.65 130 874 1,004 D $5.65 191 589 780 B  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 189 531 720 B $3.15 186 541 727 B $3.15 184 531 715 B $3.15 190 559 749 B $3.15 163 462 625 B 0500 - 0600 $7.30 262 996 1,258 E $7.30 275 1,013 1,288 E $7.30 256 1,090 1,346 E $7.30 268 1,058 1,326 E $5.65 239 880 1,119 D 0600 - 0700 $9.40 273 1,208 1,481 F $9.40 254 1,206 1,460 F $9.40 268 1,261 1,529 F $9.40 286 1,241 1,527 F $7.30 231 989 1,220 E 0700 - 0800 $9.40 183 1,094 1,277 E $9.40 117 702 819 C $9.40 210 1,068 1,278 E $9.40 196 1,038 1,234 E $7.30 163 825 988 C 0800 - 0900 $7.30 135 1,024 1,159 D $7.30 107 1,125 1,232 E $7.30 132 1,106 1,238 E $7.30 137 1,042 1,179 D $5.65 112 822 934 C 0900 - 1000 $5.65 97 878 975 C $5.65 115 1,004 1,119 D $5.65 113 878 991 C $5.65 133 999 1,132 D $5.65 90 686 776 B  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 175 484 659 B $3.15 173 458 631 B $3.15 147 372 519 B $2.10 18 28 46 A $2.10 18 63 81 A 0500 - 0600 $7.30 261 988 1,249 E $7.30 251 911 1,162 D $7.30 217 798 1,015 D $2.10 24 55 79 A $2.10 50 114 164 A 0600 - 0700 $9.40 138 735 873 C $9.40 217 1,135 1,352 E $7.30 172 842 1,014 D $2.10 27 77 104 A $2.10 43 170 213 A 0700 - 0800 $9.40 161 916 1,077 D $9.40 153 923 1,076 D $5.65 106 650 756 B $2.10 44 90 134 A $2.10 50 195 245 A 0800 - 0900 $7.30 159 811 970 C $7.30 130 755 885 C $5.65 102 606 708 B $2.10 68 146 214 A $2.10 87 257 344 A 0900 - 1000 $5.65 129 680 809 C $5.65 130 714 844 C $3.15 122 564 686 B $2.10 124 228 352 A $3.15 116 343 459 B  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 166 496 662 B $3.15 188 485 673 B $3.15 170 433 603 B 0500 - 0600 $7.30 151 650 801 C $7.30 264 987 1,251 E $7.30 248 1,023 1,271 E 0600 - 0700 $9.40 147 538 685 B $9.40 282 1,170 1,452 F $9.40 261 1,100 1,361 E 0700 - 0800 $9.40 214 1,146 1,360 E $9.40 191 1,028 1,219 E $9.40 122 669 791 B 0800 - 0900 $7.30 129 963 1,092 D $7.30 127 1,021 1,148 D $7.30 118 1,046 1,164 D 0900 - 1000 $5.65 129 761 890 C $5.65 96 830 926 C $5.65 108 802 910 C Thursday 12/01/22 Friday 12/02/22Monday11/28/22 Tuesday 11/29/22 Wednesday 11/30/22 Wednesday 11/23/22 Thursday 11/24/22 Friday 11/25/22Monday11/21/22 Tuesday 11/22/22 Thursday 11/17/22 Friday 11/18/22Monday11/14/22 Tuesday 11/15/22 Wednesday 11/16/22 Wednesday 11/09/22 Thursday 11/10/22 Friday 11/11/22Monday11/07/22 Tuesday 11/08/22 Thursday 11/03/22 Friday 11/04/22Monday10/31/22 Tuesday 11/01/22 Wednesday 11/02/22 70 17 RCTC O P ERATIONAL HIGHLIGHTS On-Road Operations RCTC Freeway Service Patrol responded to 54 calls during the month of November. Of those calls, 42 were to assist disabled vehicles, three calls to remove debris, and nine were in response to accidents that affected the 91 EL. 71 18 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement 11/30/2022 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 25,067,419.25$ 23,985,833.33$ 1,081,585.92$ 4.5 Fee Revenue 2,038,408.93 2,699,500.00 (661,091.07) (24.5) Total operating revenues 27,105,828.18 26,685,333.33 420,494.85 1.6 Operating expenses: Salaries and Benefits 316,223.03 335,625.00 19,401.97 5.8 Legal Services 6,017.40 145,833.33 139,815.93 95.9 Advisory Services 16,099.72 31,666.67 15,566.95 49.2 Audit and Accounting Fees 31,096.00 15,625.00 (15,471.00) (99.0) Service Fees 4,735.12 2 5,416.67 681.55 12.6 Other Professional Services 179,227.64 518,750.00 339,522.36 65.5 Lease Expense 97,473.91 139,041.67 41,567.76 29.9 Operations 838,392.02 1,938,333.33 1,099,941.31 56.7 Utilities 18,397.39 30,250.00 11,852.61 39.2 Supplies and Materials 398.52 4,416.67 4,018.15 91.0 Membership and Subscription Fees 6,131.60 11,791.67 5,660.07 48.0 Office Equipment & Furniture (Non-Capital)- 33,333.33 33,333.33 100.0 Maintenance/Repairs 80,828.41 183,333.33 102,504.92 55.9 Training Seminars and Conferences 261.25 3,333.33 3,072.08 92.2 Transportation Expenses 119.10 1,208.33 1,089.23 90.1 Lodging 1,058.08 1,041.67 (16.41) (1.6) Meals 134.05 1,250.00 1,115.95 89.3 Other Staff Expenses 75.13 208.33 133.20 63.9 Advertising - 62,500.00 62,500.00 100.0 Program Management 17,693.30 21,833.33 4,140.03 19.0 Program Operations (768,079.89) 2 3,474,458.33 4,242,538.22 122.1 Litigation Settlement - - - N/A Furniture & Equipment 3,965.57 31,250.00 27,284.43 87.3 Improvements - 16,666.67 16,666.67 100.0 Bad Debt Expense 717.21 - (717.21) N/A Total operating expenses 850,964.56 7,007,166.67 6,156,202.11 87.9 Operating income (loss)26,254,863.62 19,678,166.67 6,576,696.95 33.4 Nonoperating revenues (expenses): Interest Revenue 63,085.13 46,750.00 16,335.13 (34.9) Other Miscellaneous Revenue 42,560.76 - 42,560.76 N/A Loss on Refunding - - - N/A Principal Expense - - - N/A Interest Expense (6,178,735.36) (9,250,416.67) 3,071,681.31 (33.2) Total nonoperating revenues (expenses)(6,073,089.47) (9,203,666.67) 3,130,577.20 34.0 Transfers In 42.90 - 42.90 N/A Transfers Out (228,300.00) (518,625.00) 290,325.00 (56.0) Net income (loss)19,953,517.05$ 9,955,875.00$ 9,997,642.05$ 100.4 1 Unaudited 2 Negatives are the result of FY22 accruals YTD as of : YTD Variance Actual1 72 19 JOINT AGENCY TRIP AND REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING November 30, 2022 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 775,889 584,072 75%$2,250,751.70 RCTC 713,719 584,072 82%$2,989,719.65 Eastbound OCTA 776,089 523,250 67%$2,734,057.10 RCTC 626,194 523,250 84%$2,312,448.12 73 20 JOINT AGENCY PER FORMANCE MEASURES REPORTING REQUIREMENT REPORTING PERIOD PERFORMANCE STANDARD NOVEMBER 2022 PERFORMANCE Customer Service Service Level /Speed of Answer Monthly 80% answered within 60 seconds 62% answered within 60 seconds Abandon Percentage Monthly 4 % < 6% Customer Satisfaction Score Monthly 4.5 => 4.99 First Contact Resolution Monthly 85% of calls resolved on the first contact 96% Timeliness of Case Resolution Monthly 90% of cases resolved in one (1) business day 98.9% Monthly 98% of cases resolved within five (5) business days 100% Mail Performance Processing Returned Mail Monthly Per business day in which 90% of returned mail is processed within three (3) business days 100% Monthly Per business day in which 100% of returned mail is not processed within ten (10) business days 100% Research and resolve unidentified Payments Monthly 100% of all unidentified payments are completely and accurately resolved within five (5) business days 100% Payment Processing Monthly Per business day in which 100% of payments are processed within two (2) business days 100% Accounting Customer Refunds Processed Monthly Per business day in which 100% of all refunds are not completely and accurately issued within five (5) business days 100% Key Performance Indicators for service level and abandoned calls were not achieved due to staffing shrinkage due to illnesses. Cofiroute is mitigating this effort by recruiting additional staff members, reducing lunch hours, and utilizing supervisory staff to assist with answering customer calls. JOINT AGENCY TRANSPONDER DISTRIBUTION Tags % of Total Tags % of Total Issued To New Accounts 0 #DIV/0!0 #DIV/0!0 #DIV/0! Additional Tags to Existing Accounts 0 #DIV/0!0 #DIV/0!0 #DIV/0! Replacement Transponders 0 #DIV/0!0 #DIV/0!0 #DIV/0! Total Issued 0 0 0 Returned Account Closures 0 0.0%0 0.0% Accounts Dow nsizing 76 100.0%310 100.0%67 100.0% Defective Transponders 0 0.0% Total Returned 76 310 67 Tags % of Total Tags % of Total Issued To New Accounts 533 8.0%436 6.4%100 6.7% Additional Tags to Existing Accounts 6,147 92.0% 6,356 93.6% 1,392 93.3% Replacement Transponders 0 0.0% 0 0.0% 0 0.0% Total Issued 6,680 6,792 1,492 Returned Account Closures Accounts Dow nsizing Defective Transponders Total Returned 6C TRANSPONDER DISTRIBUTION November-22 October-22 FY 2022-23 Average To-Date FY 2022-23T21 TRANSPONDER DISTRIBUTION November-22 October-22 Average To-Date 74 21 At the end of November 2022, the 91 EL had 165,506 active customer accounts and 658,578 transponders classified as assigned. Number of Accounts by FY As of November 30, 2022 75 Orange County Transportation Authority Riverside County Transportation Commission Status Report December 2022 As of December 31, 2022 ATTACHMENT 3 76 2 Table of Contents Operations Overview OCTA ............................................................................................ 3 Traffic and Revenue Statistics for OCTA ......................................................................... 3 OCTA Traffic and Revenue Summary ............................................................................. 5 OCTA Peak-Hour Volumes ............................................................................................. 6 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 ......................................................................... 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 77 3 OPERATIONS OVERVIEW OCTA TRAFFIC AND REVENUE STATISTICS FOR OCTA Total traffic volume on the 91 Express Lanes (91 EL) for December 2022 was 1,568,610. This represents a daily average of 50,600 vehicles. This is a 4.3 percent decrease in total traffic volume from the same period last year, which totaled 1,639,151. Potential toll revenue for December was $4,937,539, which represents a decrease of 1.3 percent from the prior year’s total of $5,001,697. Higher gas prices and the higher level of inflation led to lower usage of the 91 Express Lanes. Carpool percentage for December was 25.4 percent as compared to the previous year’s rate of 24.1 percent. Month-to-date (MTD) traffic and revenue data is summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the Orange County Transportation Authority (OCTA) 91 EL and associated potential revenue for the month of December 2022. Current MTD as of December 31, 2022 Trips DEC-22 MTD Actual DEC-21 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,170,734 1,244,301 (5.9%) 3+ Lanes 397,876 394,850 0.8% Total Gross Trips 1,568,610 1,639,151 (4.3%) Revenue Full Toll Lanes $4,869,354 $4,947,290 (1.6%) 3+ Lanes $68,185 $54,407 25.3% Total Gross Revenue $4,937,539 $5,001,697 (1.3%) Average Revenue per Trip Average Full Toll Lanes $4.16 $3.98 4.5% Average 3+ Lanes $0.17 $0.14 21.4% Average Gross Revenue $3.15 $3.05 3.3% 78 4 The 2023 fiscal year-to-date (YTD) traffic volume decreased by 4.1 percent, and potential toll revenue decreased by 1.4 percent when compared with the same period the prior year. YTD average revenue per trip is $3.17. Fiscal YTD 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 EL and associated potential revenue for the months of July 2022 through December 2022. Fiscal Year (FY) 2022-23 YTD as of December 31, 2022 Trips FY 2022-23 YTD Actual FY 2021-22 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 7,401,208 7,821,944 (5.4%) 3+ Lanes 2,332,699 2,328,518 0.2% Total Gross Trips 9,733,907 10,150,462 (4.1%) Revenue Full Toll Lanes $30,451,905 $30,958,257 (1.6%) 3+ Lanes $368,647 $301,245 22.4% Total Gross Revenue $30,820,551 $31,259,502 (1.4%) Average Revenue per Trip Average Full Toll Lanes $4.11 $3.96 3.8% Average 3+ Lanes $0.16 $0.13 23.1% Average Gross Revenue $3.17 $3.08 2.9% 79 5 O CTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between full toll trips and high-occupancy vehicle (HOV3+) trips for FY 2022-23 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll trips and HOV3+ trips for FY 2022-23 on a monthly basis. 80 6 OCTA PEAK -HOUR VOLUMES Peak-hour traffic in the eastbound and westbound directions reached or exceeded 90 percent of defined capacity three times during the month of December 2022. As demonstrated on the next chart, westbound peak-hour traffic volumes top out at 89 percent of defined capacity. OCTA EA STBOUND PEAK -HOUR VOLUMES  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $7.70 423 2,896 85%$8.60 455 3,035 89% 1500 - 1600 $7.45 425 2,932 86%$8.15 549 2,917 86% 1600 - 1700 $7.00 434 2,883 85%$6.95 477 2,819 83% 1700 - 1800 $6.70 500 2,913 86%$6.95 549 2,677 79% 1800 - 1900 $4.50 635 2,907 86%$6.95 572 2,194 65% 1900 - 2000 $5.75 479 1,866 55%$6.45 487 1,586 47%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 389 2,630 77%$5.30 372 2,740 81%$5.30 420 2,882 85%$7.70 428 2,824 83%$8.60 431 2,828 83% 1500 - 1600 $5.65 453 2,863 84%$5.75 470 3,044 90%$7.45 448 2,907 86%$7.45 460 2,933 86%$8.15 454 2,776 82% 1600 - 1700 $5.10 429 2,820 83%$5.25 433 2,806 83%$6.50 459 2,845 84%$7.00 427 2,803 82%$6.95 518 2,818 83% 1700 - 1800 $4.95 512 2,874 85%$4.90 482 2,814 83%$5.40 464 2,783 82%$6.70 467 2,708 80%$6.95 494 2,699 79% 1800 - 1900 $5.65 674 2,842 84%$4.05 599 2,892 85%$4.05 610 2,801 82%$4.50 529 2,681 79%$6.95 654 2,740 81% 1900 - 2000 $3.95 422 1,519 45%$3.95 578 2,334 69%$3.95 641 2,561 75%$5.75 627 2,608 77%$6.45 643 2,330 69%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 353 2,350 69%$5.30 361 2,799 82%$5.30 397 2,896 85%$7.70 403 2,972 87%$8.60 461 2,791 82% 1500 - 1600 $5.65 441 2,853 84%$5.75 424 2,907 86%$7.45 406 2,871 84%$7.45 470 2,936 86%$8.15 480 2,850 84% 1600 - 1700 $5.10 390 2,519 74%$5.25 425 2,833 83%$6.50 397 2,782 82%$7.00 454 2,833 83%$6.95 532 2,861 84% 1700 - 1800 $4.95 487 2,674 79%$4.90 453 2,762 81%$5.40 484 2,781 82%$6.70 473 2,745 81%$6.95 529 2,732 80% 1800 - 1900 $5.65 482 2,012 59%$4.05 613 2,785 82%$4.05 588 2,782 82%$4.50 649 2,784 82%$6.95 695 2,755 81% 1900 - 2000 $3.95 352 1,292 38%$3.95 628 2,741 81%$3.95 692 2,727 80%$5.75 700 2,737 81%$6.45 735 2,391 70%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.30 501 2,765 81%$5.30 472 2,754 81%$7.90 446 2,739 81%$5.60 545 2,932 86%$5.25 740 3,060 90% 1500 - 1600 $5.65 501 2,868 84%$5.75 467 2,921 86%$9.00 477 2,831 83%$5.25 492 2,912 86%$5.25 649 2,728 80% 1600 - 1700 $5.10 454 2,752 81%$5.25 444 2,791 82%$9.00 464 2,657 78%$5.25 454 2,727 80%$5.25 573 2,471 73% 1700 - 1800 $4.95 498 2,695 79%$4.90 537 2,765 81%$9.00 542 2,820 83%$5.25 567 2,925 86%$5.25 557 2,019 59% 1800 - 1900 $5.65 599 2,520 74%$4.05 627 2,752 81%$6.40 623 2,725 80%$5.60 692 2,782 82%$5.25 567 1,764 52% 1900 - 2000 $3.95 631 2,389 70%$3.95 687 2,547 75%$6.10 704 2,676 79%$5.60 448 1,704 50%$5.25 518 1,457 43%  PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.25 622 1,779 52%$5.30 593 3,050 90%$7.90 517 2,736 80%$5.60 566 2,771 82%$5.25 591 2,546 75% 1500 - 1600 $5.25 614 1,750 51%$5.75 509 2,839 84%$9.00 530 2,859 84%$5.25 519 2,816 83%$5.25 606 2,585 76% 1600 - 1700 $5.25 493 1,434 42%$5.25 498 2,488 73%$9.00 549 2,820 83%$5.25 560 2,754 81%$5.25 624 2,447 72% 1700 - 1800 $5.25 622 1,503 44%$4.90 597 2,835 83%$9.00 565 2,590 76%$5.25 560 2,457 72%$5.25 682 2,453 72% 1800 - 1900 $5.25 517 1,148 34%$4.05 608 2,196 65%$6.40 565 2,026 60%$5.60 528 1,856 55%$5.25 618 1,914 56% 1900 - 2000 $5.25 466 1,003 30%$3.95 382 1,203 35%$6.10 447 1,340 39%$5.60 507 1,445 43%$5.25 568 1,606 47% Thursday 12/01/22 Friday 12/02/22 Monday 12/05/22 Tuesday 12/06/22 Wednesday 12/07/22 Monday 11/28/22 Tuesday 11/29/22 Wednesday 11/30/22 Thursday 12/08/22 Friday 12/09/22 Monday 12/12/22 Tuesday 12/13/22 Wednesday 12/14/22 Thursday 12/15/22 Friday 12/16/22 Monday 12/19/22 Tuesday 12/20/22 Wednesday 12/21/22 Thursday 12/22/22 Friday 12/23/22 Monday 12/26/22 Tuesday 12/27/22 Wednesday 12/28/22 Thursday 12/29/22 Friday 12/30/22 81 7 OCTA WEST BOUND PEAK -HOUR VOLUMES  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 444 1,177 35%$3.25 355 1,041 31% 0500 - 0600 $5.10 745 2,719 80%$5.00 637 2,236 66% 0600 - 0700 $5.30 666 2,898 85%$5.25 572 2,447 72% 0700 - 0800 $5.80 572 2,646 78%$5.80 495 2,312 68% 0800 - 0900 $5.30 268 2,204 65%$5.25 286 2,148 63% 0900 - 1000 $4.20 275 2,023 60%$4.35 237 1,782 52%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 409 1,205 35%$3.15 431 1,272 37%$3.15 424 1,160 34%$3.15 418 1,159 34%$3.25 346 982 29% 0500 - 0600 $5.10 747 2,746 81%$5.10 785 2,875 85%$5.10 708 2,562 75%$5.10 660 2,450 72%$5.00 629 2,289 67% 0600 - 0700 $5.30 649 2,875 85%$5.30 688 3,020 89%$5.30 657 3,039 89%$5.30 683 2,914 86%$5.25 577 2,428 71% 0700 - 0800 $5.80 638 2,833 83%$5.80 588 2,847 84%$5.80 589 2,743 81%$5.80 626 2,916 86%$5.80 538 2,323 68% 0800 - 0900 $5.30 307 2,388 70%$5.30 284 2,401 71%$5.30 297 2,201 65%$5.30 294 2,380 70%$5.25 268 2,050 60% 0900 - 1000 $4.20 243 2,036 60%$4.20 243 2,234 66%$4.20 258 2,041 60%$4.20 273 2,033 60%$4.35 261 1,883 55%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 378 1,113 33%$3.15 422 1,223 36%$3.15 405 1,167 34%$3.15 414 1,224 36%$3.25 350 1,007 30% 0500 - 0600 $5.10 663 2,267 67%$5.10 776 2,654 78%$5.10 780 2,646 78%$5.10 736 2,593 76%$5.00 583 2,215 65% 0600 - 0700 $5.30 621 2,616 77%$5.30 518 2,288 67%$5.30 654 2,828 83%$5.30 667 2,960 87%$5.25 620 2,647 78% 0700 - 0800 $5.80 577 2,429 71%$5.80 499 2,019 59%$5.80 548 2,530 74%$5.80 600 2,722 80%$5.80 543 2,304 68% 0800 - 0900 $5.30 251 1,966 58%$5.30 322 2,851 84%$5.30 335 2,530 74%$5.30 279 2,244 66%$5.25 299 1,871 55% 0900 - 1000 $4.20 267 1,947 57%$4.20 295 2,173 64%$4.20 284 2,253 66%$4.20 341 2,375 70%$4.35 338 1,950 57%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.15 361 1,107 33%$3.15 380 1,111 33%$3.25 373 1,041 31%$1.80 358 994 29%$1.80 238 635 19% 0500 - 0600 $5.10 671 2,443 72%$5.10 692 2,461 72%$5.45 683 2,390 70%$1.80 649 2,327 68%$1.80 430 1,401 41% 0600 - 0700 $5.30 615 2,788 82%$5.30 610 2,697 79%$5.60 609 2,708 80%$1.80 555 2,628 77%$2.70 328 1,418 42% 0700 - 0800 $5.80 507 2,301 68%$5.80 467 2,228 66%$6.10 482 2,311 68%$1.80 473 2,258 66%$3.25 319 1,355 40% 0800 - 0900 $5.30 253 1,943 57%$5.30 301 2,046 60%$6.10 302 1,943 57%$1.80 336 1,862 55%$3.25 247 1,357 40% 0900 - 1000 $4.20 392 1,830 54%$4.20 369 2,041 60%$5.60 342 1,959 58%$2.70 378 1,944 57%$4.05 383 1,610 47%  AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $1.80 61 167 5%$3.15 283 870 26%$3.25 268 784 23%$1.80 283 808 24%$1.80 200 574 17% 0500 - 0600 $1.80 90 301 9%$5.10 546 1,923 57%$5.45 516 1,752 52%$1.80 514 1,690 50%$1.80 387 1,261 37% 0600 - 0700 $2.70 70 294 9%$5.30 367 1,683 50%$5.60 341 1,593 47%$1.80 357 1,608 47%$2.70 260 1,177 35% 0700 - 0800 $3.25 113 426 13%$5.80 245 1,318 39%$6.10 277 1,364 40%$1.80 241 1,264 37%$3.25 228 1,020 30% 0800 - 0900 $3.25 246 727 21%$5.30 258 1,500 44%$6.10 256 1,299 38%$1.80 296 1,528 45%$3.25 237 1,201 35% 0900 - 1000 $4.05 351 1,021 30%$4.20 303 1,479 44%$5.60 332 1,517 45%$2.70 380 1,685 50%$4.05 316 1,358 40% Monday 11/28/22 Tuesday 11/29/22 Wednesday 11/30/22 Thursday 12/01/22 Friday 12/02/22 Monday 12/05/22 Tuesday 12/06/22 Wednesday 12/07/22 Thursday 12/08/22 Friday 12/09/22 Monday 12/12/22 Tuesday 12/13/22 Wednesday Monday 12/19/22 Tuesday 12/20/22 Wednesday 12/28/22 Thursday 12/15/22 Friday 12/16/22 12/21/22 Thursday 12/29/22 Friday 12/30/22 Thursday 12/22/22 Friday 12/23/22 12/14/22 Monday 12/26/22 Tuesday 12/27/22 Wednesday 82 8 OCTA OPERATIONAL HIGHLIGHTS Back Office System (BOS) Project Update During the month, staff from both OCTA and the Riverside County Transportation Commission (RCTC) continued to have discussions with Cofiroute USA, LLC (CUSA) regarding liquidated and actual damages that will be assessed against CUSA. CUSA designed and developed the new BOS, the customer service center functions, and deployed the new system in March 2022. The damages are due to the delay of the new BOS implementation for the 91 Express Lanes for both Orange and Riverside counties and various issues that have arisen since system deployment. Some of these issues have had impacts on the accounting process (i.e., timeliness of account reconciliations and certain activities that were not posted to the general ledger). Subsequent to month-end, OCTA and RCTC received restitution, in the amount of approximately $2 million, which was equally divided between the two agencies in January 2023. 83 9 FINANCIAL HIGHLIGHTS OCTA Capital Asset Activity During the six months ending December 31, 2022, capital asset activities included payments of $523,251 attributed to the Electronic Toll and Traffic Management system project and $297,339 attributed to the BOS implementation project. 84 10 OPERATIONS OVERVIEW RCTC TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the 91 EL for December 2022 was 1,325,035. This represents a daily average of 42,743 vehicles. This is a 5.2 percent decrease in total traffic volume from the same period last year, which totaled 1,397,838. Potential toll revenue for December was $5,125,487, which represents a decrease of 1.8 percent from the prior year’s total of $5,220,309. The decreases in traffic volume and potential toll revenues can be attributed to the weekend closure of the westbound RCTC Express Lanes for the 91 Refresh Project lane repaving. Carpool percentage for December was 24.3 percent as compared to the previous year’s rate of 22.8 percent. MTD traffic and revenue data is summarized in the table below. The following trip and revenue statistics tables represent all trips taken on the RCTC 91 EL and associated potential revenue for the month of December 2022. Current MTD as of December 31, 2022 Trips DEC-22 MTD Actual Stantec MTD Projected # Variance % Variance DEC-21 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,002,439 880,571 121,868 13.8%1,079,651 (7.2%) 3+ Lanes 322,596 320,571 2,025 0.6%318,187 1.4% Total Gross Trips 1,325,035 1,201,143 123,892 10.3%1,397,838 (5.2%) Revenue Full Toll Lanes $5,072,859 $4,210,571 $862,288 20.5% $5,178,614 (2.0%) 3+ Lanes $52,628 $0 $52,628 $41,695 26.2% Total Gross Revenue $5,125,487 $4,210,571 $914,916 21.7% $5,220,309 (1.8%) Average Revenue per Trip Average Full Toll Lanes $5.06 $4.78 $0.28 5.9% $4.80 5.4% Average 3+ Lanes $0.16 $0.00 $0.16 $0.13 23.1% Average Gross Revenue $3.87 $3.51 $0.36 10.3% $3.73 3.8% 85 11 The 2023 fiscal YTD traffic volume decreased by five percent, and potential toll revenue increased by 2.5 percent, when compared with the same period the prior year. YTD average revenue per trip is $3.97. Fiscal YTD 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 EL and associated potential revenue for the months of July 2022 through December 2022. FY 2022-23 YTD as of December 31, 2022 Trips FY 2022-23 YTD Actual Stantec YTD Projected # Variance % Variance FY 2021-22 YTD Actual Yr-to-Yr % Variance Full Toll Lanes 6,343,256 5,545,314 797,942 14.4%6,817,040 (6.9%) 3+ Lanes 1,893,487 2,006,000 (112,513)(5.6%)1,856,354 2.0% Total Gross Trips 8,236,743 7,551,314 685,429 9.1%8,673,394 (5.0%) Revenue Full Toll Lanes $32,434,096 $26,463,657 $5,970,439 22.6% $31,665,898 2.4% 3+ Lanes $283,820 $0 $283,820 $243,753 16.4% Total Gross Revenue $32,717,916 $26,463,657 $6,254,259 23.6% $31,909,651 2.5% Average Revenue per Trip Average Full Toll Lanes $5.11 $4.77 $0.34 7.1% $4.65 9.9% Average 3+ Lanes $0.15 $0.00 $0.15 $0.13 15.4% Average Gross Revenue $3.97 $3.50 $0.47 13.4% $3.68 7.9% 86 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between full toll lanes and HOV3+ lanes for FY 2022-23 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll lanes and HOV3+ lanes for FY 2022-23 on a monthly basis. 87 13 RCTC PEAK -HOUR VOLUMES In December, no toll rates were adjusted. RCTC evaluates traffic volumes for peak-period hours and adjusts rates according to the toll rate policy. RCTC E ASTBOUND PEAK -HOUR VOLUMES Eastbound PM Peak - County Line to McKinley  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $13.85 204 1,047 1,251 E $27.90 254 1,024 1,278 E 1500 - 1600 $17.30 230 1,004 1,234 E $27.60 287 932 1,219 E 1600 - 1700 $8.05 225 907 1,132 D $16.25 249 884 1,133 D 1700 - 1800 $5.65 228 823 1,051 D $7.35 222 840 1,062 D 1800 - 1900 $5.65 272 868 1,140 D $5.65 235 718 953 C 1900 - 2000 $5.65 222 553 775 B $4.45 238 512 750 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 193 951 1,144 D $7.35 176 1,046 1,222 E $9.55 196 1,006 1,202 E $13.85 216 1,088 1,304 F $27.90 243 1,091 1,334 F 1500 - 1600 $8.05 203 987 1,190 D $10.20 260 1,011 1,271 E $13.40 245 1,013 1,258 E $17.30 245 965 1,210 E $27.60 268 926 1,194 D 1600 - 1700 $5.65 198 921 1,119 D $5.65 232 900 1,132 D $5.65 206 946 1,152 D $8.05 210 934 1,144 D $16.25 267 931 1,198 D 1700 - 1800 $5.65 249 842 1,091 D $5.65 224 867 1,091 D $5.65 219 882 1,101 D $5.65 241 873 1,114 D $7.35 229 873 1,102 D 1800 - 1900 $5.65 315 837 1,152 D $5.65 275 798 1,073 D $5.65 258 852 1,110 D $5.65 253 877 1,130 D $5.65 310 892 1,202 E 1900 - 2000 $2.40 197 524 721 B $4.45 251 733 984 C $4.45 283 852 1,135 D $5.65 293 839 1,132 D $4.45 323 833 1,156 D  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 159 803 962 C $7.35 166 1,089 1,255 E $9.55 193 1,066 1,259 E $13.85 196 1,074 1,270 E $27.90 276 1,028 1,304 F 1500 - 1600 $8.05 191 887 1,078 D $10.20 233 997 1,230 E $13.40 205 964 1,169 D $17.30 244 966 1,210 E $27.60 280 932 1,212 E 1600 - 1700 $5.65 194 804 998 C $5.65 224 914 1,138 D $5.65 214 985 1,199 D $8.05 204 934 1,138 D $16.25 280 934 1,214 E 1700 - 1800 $5.65 195 726 921 C $5.65 196 859 1,055 D $5.65 199 912 1,111 D $5.65 212 910 1,122 D $7.35 273 881 1,154 D 1800 - 1900 $5.65 195 591 786 B $5.65 267 821 1,088 D $5.65 264 871 1,135 D $5.65 261 841 1,102 D $5.65 306 857 1,163 D 1900 - 2000 $2.40 141 375 516 B $4.45 306 786 1,092 D $4.45 266 821 1,087 D $5.65 322 807 1,129 D $4.45 349 827 1,176 D  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $7.35 225 951 1,176 D $7.35 244 967 1,211 E $9.55 222 1,009 1,231 E $13.85 317 1,075 1,392 F $27.90 396 923 1,319 F 1500 - 1600 $8.05 288 1,011 1,299 E $10.20 256 1,004 1,260 E $13.40 274 943 1,217 E $17.30 368 1,025 1,393 F $27.60 308 841 1,149 D 1600 - 1700 $5.65 203 972 1,175 D $5.65 237 942 1,179 D $5.65 248 912 1,160 D $8.05 273 966 1,239 E $16.25 259 832 1,091 D 1700 - 1800 $5.65 266 863 1,129 D $5.65 305 1,052 1,357 F $5.65 231 842 1,073 D $5.65 256 870 1,126 D $7.35 258 636 894 C 1800 - 1900 $5.65 276 775 1,051 D $5.65 289 814 1,103 D $5.65 292 847 1,139 D $5.65 329 879 1,208 E $5.65 221 493 714 B 1900 - 2000 $2.40 299 768 1,067 D $4.45 349 795 1,144 D $4.45 313 836 1,149 D $5.65 242 673 915 C $4.45 217 410 627 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 310 658 968 C $7.35 307 1,024 1,331 F $9.55 306 987 1,293 E $13.85 326 1,036 1,362 F $27.90 349 937 1,286 E 1500 - 1600 $4.45 259 502 761 B $10.20 269 921 1,190 D $13.40 295 942 1,237 E $17.30 284 965 1,249 E $27.60 312 823 1,135 D 1600 - 1700 $4.45 234 451 685 B $5.65 273 825 1,098 D $5.65 290 857 1,147 D $8.05 273 940 1,213 E $16.25 357 840 1,197 D 1700 - 1800 $4.45 235 384 619 B $5.65 273 780 1,053 D $5.65 272 795 1,067 D $5.65 259 820 1,079 D $7.35 317 874 1,191 D 1800 - 1900 $4.45 226 310 536 B $5.65 290 624 914 C $5.65 287 598 885 C $5.65 233 535 768 B $5.65 297 716 1,013 D 1900 - 2000 $2.40 220 284 504 B $4.45 168 373 541 B $4.45 196 363 559 B $5.65 228 407 635 B $4.45 210 557 767 B Wednesday 12/28/22 Thursday 12/29/22 Friday 12/30/22Monday12/26/22 Tuesday 12/27/22 Thursday 12/22/22 Friday 12/23/22Monday12/19/22 Tuesday 12/20/22 Wednesday 12/21/22 Wednesday 12/14/22 Thursday 12/15/22 Friday 12/16/22Monday12/12/22 Tuesday 12/13/22 Thursday 12/08/22 Friday 12/09/22Monday12/05/22 Tuesday 12/06/22 Wednesday 12/07/22 Wednesday 11/30/22 Thursday 12/01/22 Friday 12/02/22Monday11/28/22 Tuesday 11/29/22 88 14 Eastbound PM Peak - County Line to 15 SB Ontario  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 $5.65 114 746 860 C $5.65 131 776 907 C 1500 - 1600 $5.65 130 698 828 C $5.65 135 619 754 B 1600 - 1700 $5.65 132 602 734 B $3.15 125 587 712 B 1700 - 1800 $3.15 138 605 743 B $3.15 146 519 665 B 1800 - 1900 $3.15 157 614 771 B $3.15 107 472 579 B 1900 - 2000 $3.15 141 477 618 B $3.15 132 349 481 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 101 747 848 C $5.65 96 790 886 C $5.65 105 713 818 C $5.65 110 736 846 C $5.65 118 715 833 C 1500 - 1600 $5.65 96 697 793 B $5.65 133 743 876 C $5.65 127 715 842 C $5.65 130 768 898 C $5.65 133 703 836 C 1600 - 1700 $3.15 118 633 751 B $5.65 115 639 754 B $5.65 117 644 761 B $5.65 109 654 763 B $3.15 137 616 753 B 1700 - 1800 $3.15 131 614 745 B $3.15 117 593 710 B $3.15 117 632 749 B $3.15 118 563 681 B $3.15 133 653 786 B 1800 - 1900 $3.15 152 610 762 B $3.15 169 602 771 B $3.15 157 560 717 B $3.15 154 583 737 B $3.15 174 592 766 B 1900 - 2000 $3.15 116 351 467 B $3.15 182 580 762 B $3.15 185 592 777 B $3.15 176 623 799 B $3.15 196 541 737 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 111 600 711 B $5.65 125 746 871 C $5.65 106 803 909 C $5.65 103 839 942 C $5.65 121 682 803 C 1500 - 1600 $5.65 118 713 831 C $5.65 144 755 899 C $5.65 138 754 892 C $5.65 140 708 848 C $5.65 125 643 768 B 1600 - 1700 $3.15 103 603 706 B $5.65 119 684 803 C $5.65 116 669 785 B $5.65 124 658 782 B $3.15 147 684 831 C 1700 - 1800 $3.15 114 552 666 B $3.15 138 567 705 B $3.15 102 640 742 B $3.15 126 588 714 B $3.15 150 613 763 B 1800 - 1900 $3.15 127 446 573 B $3.15 159 563 722 B $3.15 141 616 757 B $3.15 176 543 719 B $3.15 199 546 745 B 1900 - 2000 $3.15 99 304 403 B $3.15 178 667 845 C $3.15 224 662 886 C $3.15 203 663 866 C $3.15 224 544 768 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $5.65 132 682 814 C $5.65 122 695 817 C $5.65 154 726 880 C $5.65 39 192 231 A $5.65 208 706 914 C 1500 - 1600 $5.65 169 708 877 C $5.65 139 770 909 C $5.65 132 693 825 C $5.65 185 759 944 C $5.65 195 609 804 C 1600 - 1700 $3.15 117 622 739 B $5.65 108 705 813 C $5.65 125 617 742 B $5.65 133 628 761 B $3.15 192 601 793 B 1700 - 1800 $3.15 131 593 724 B $3.15 82 362 444 B $3.15 135 620 755 B $3.15 141 589 730 B $3.15 142 481 623 B 1800 - 1900 $3.15 187 592 779 B $3.15 164 557 721 B $3.15 160 615 775 B $3.15 199 558 757 B $3.15 150 380 530 B 1900 - 2000 $3.15 194 567 761 B $3.15 233 589 822 C $3.15 233 639 872 C $3.15 163 442 605 B $3.15 143 317 460 B  PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $3.15 172 344 516 B $5.65 169 676 845 C $5.65 145 709 854 C $5.65 165 669 834 C $5.65 143 565 708 B 1500 - 1600 $3.15 143 331 474 B $5.65 169 627 796 B $5.65 146 665 811 C $5.65 141 666 807 C $5.65 170 549 719 B 1600 - 1700 $3.15 152 293 445 B $5.65 164 513 677 B $5.65 138 628 766 B $5.65 154 605 759 B $3.15 173 490 663 B 1700 - 1800 $3.15 174 260 434 B $3.15 190 540 730 B $3.15 173 553 726 B $3.15 156 556 712 B $3.15 174 512 686 B 1800 - 1900 $3.15 159 197 356 A $3.15 156 453 609 B $3.15 157 423 580 B $3.15 139 418 557 B $3.15 173 459 632 B 1900 - 2000 $3.15 134 175 309 A $3.15 116 272 388 A $3.15 140 296 436 B $3.15 161 310 471 B $3.15 165 386 551 B Thursday 12/29/22 Friday 12/30/22Monday12/26/22 Tuesday 12/27/22 Wednesday 12/28/22 Wednesday 12/21/22 Thursday 12/22/22 Friday 12/23/22Monday12/19/22 Tuesday 12/20/22 Thursday 12/15/22 Friday 12/16/22Monday12/12/22 Tuesday 12/13/22 Wednesday 12/14/22 Wednesday 12/07/22 Thursday 12/08/22 Friday 12/09/22Monday12/05/22 Tuesday 12/06/22 Thursday 12/01/22 Friday 12/02/22Monday11/28/22 Tuesday 11/29/22 Wednesday 11/30/22 89 15 RCTC W ESTBOUND PEAK -HOUR VOLUMES Westbound AM Peak - McKinley to County Line  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 218 407 625 B $2.40 181 393 574 B 0500 - 0600 $9.85 388 1,045 1,433 F $5.65 343 816 1,159 D 0600 - 0700 $18.00 404 1,245 1,649 F $10.90 353 1,058 1,411 F 0700 - 0800 $15.30 356 1,110 1,466 F $8.35 290 980 1,270 E 0800 - 0900 $9.05 183 949 1,132 D $5.65 123 854 977 C 0900 - 1000 $5.65 163 789 952 C $4.45 105 675 780 B  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 200 391 591 B $2.40 227 431 658 B $2.40 210 380 590 B $2.40 232 451 683 B $2.40 187 326 513 B 0500 - 0600 $11.65 404 1,010 1,414 F $11.65 436 1,025 1,461 F $11.65 432 1,026 1,458 F $9.85 296 788 1,084 D $5.65 361 913 1,274 E 0600 - 0700 $18.00 392 1,195 1,587 F $19.05 405 1,231 1,636 F $19.05 377 1,238 1,615 F $18.00 466 1,219 1,685 F $10.90 356 984 1,340 E 0700 - 0800 $15.60 410 1,218 1,628 F $16.35 380 1,275 1,655 F $16.35 339 1,150 1,489 F $15.30 413 1,211 1,624 F $8.35 310 1,023 1,333 E 0800 - 0900 $9.05 178 988 1,166 D $10.10 155 1,204 1,359 F $10.10 196 929 1,125 D $9.05 201 991 1,192 D $5.65 156 850 1,006 D 0900 - 1000 $5.65 129 820 949 C $5.65 133 850 983 C $5.65 138 779 917 C $5.65 148 795 943 C $4.45 128 741 869 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 206 386 592 B $2.40 228 420 648 B $2.40 212 399 611 B $2.40 232 451 683 B $2.40 198 366 564 B 0500 - 0600 $11.65 340 828 1,168 D $11.65 381 915 1,296 E $11.65 394 931 1,325 E $9.85 403 986 1,389 F $5.65 327 880 1,207 E 0600 - 0700 $18.00 363 1,008 1,371 F $19.05 408 1,215 1,623 F $19.05 415 1,174 1,589 F $18.00 402 1,213 1,615 F $10.90 394 1,033 1,427 F 0700 - 0800 $15.60 346 921 1,267 E $16.35 367 1,266 1,633 F $16.35 362 1,071 1,433 F $15.30 371 1,131 1,502 F $8.35 301 876 1,177 D 0800 - 0900 $9.05 159 808 967 C $10.10 192 1,222 1,414 F $10.10 209 1,129 1,338 E $9.05 176 994 1,170 D $5.65 175 811 986 C 0900 - 1000 $5.65 156 802 958 C $5.65 183 962 1,145 D $5.65 174 913 1,087 D $5.65 179 867 1,046 D $4.45 182 755 937 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.40 189 383 572 B $2.40 182 362 544 B $2.40 199 362 561 B $2.40 191 344 535 B $2.40 128 229 357 A 0500 - 0600 $11.65 361 925 1,286 E $11.65 377 936 1,313 E $11.65 358 914 1,272 E $9.85 332 827 1,159 D $5.65 212 554 766 B 0600 - 0700 $18.00 363 1,017 1,380 F $19.05 369 1,058 1,427 F $19.05 378 1,061 1,439 F $18.00 312 1,002 1,314 E $10.90 201 605 806 C 0700 - 0800 $15.60 307 958 1,265 E $16.35 325 983 1,308 E $16.35 278 901 1,179 D $15.30 283 800 1,083 D $8.35 184 533 717 B 0800 - 0900 $9.05 149 849 998 C $10.10 142 915 1,057 D $10.10 183 749 932 C $9.05 170 720 890 C $5.65 128 556 684 B 0900 - 1000 $5.65 184 647 831 C $5.65 191 787 978 C $5.65 167 741 908 C $5.65 210 675 885 C $4.45 173 553 726 B  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $1.65 25 39 64 A $2.40 153 301 454 B $2.40 169 271 440 B $2.40 153 284 437 B $2.40 100 204 304 A 0500 - 0600 $1.65 38 74 112 A $11.65 276 701 977 C $11.65 276 650 926 C $9.85 274 635 909 C $5.65 203 491 694 B 0600 - 0700 $1.65 37 129 166 A $19.05 220 681 901 C $19.05 199 632 831 C $18.00 218 627 845 C $10.90 172 500 672 B 0700 - 0800 $1.65 64 168 232 A $16.35 162 590 752 B $16.35 176 574 750 B $15.30 165 511 676 B $8.35 148 427 575 B 0800 - 0900 $1.65 114 231 345 A $10.10 138 533 671 B $10.10 147 529 676 B $9.05 168 536 704 B $5.65 149 492 641 B 0900 - 1000 $2.40 176 352 528 B $5.65 142 517 659 B $5.65 168 541 709 B $5.65 204 577 781 B $4.45 185 481 666 B Wednesday 12/28/22 Thursday 12/29/22 Friday 12/30/22Monday12/26/22 Tuesday 12/27/22 Thursday 12/22/22 Friday 12/23/22Monday12/19/22 Tuesday 12/20/22 Wednesday 12/21/22 Wednesday 12/14/22 Thursday 12/15/22 Friday 12/16/22Monday12/12/22 Tuesday 12/13/22 Thursday 12/08/22 Friday 12/09/22Monday12/05/22 Tuesday 12/06/22 Wednesday 12/07/22 Wednesday 11/30/22 Thursday 12/01/22 Friday 12/02/22Monday11/28/22 Tuesday 11/29/22 90 16 Westbound AM Peak - I-15 North to County Line  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 180 445 625 B $3.15 150 392 542 B 0500 - 0600 $7.30 256 987 1,243 E $5.65 215 796 1,011 D 0600 - 0700 $9.40 278 1,142 1,420 F $7.30 204 879 1,083 D 0700 - 0800 $9.40 192 980 1,172 D $7.30 162 910 1,072 D 0800 - 0900 $7.30 108 941 1,049 D $5.65 64 845 909 C 0900 - 1000 $5.65 119 772 891 C $5.65 69 672 741 B  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 176 475 651 B $3.15 170 483 653 B $3.15 172 443 615 B $3.15 166 459 625 B $3.15 147 409 556 B 0500 - 0600 $7.30 246 995 1,241 E $7.30 263 1,058 1,321 E $7.30 275 1,020 1,295 E $7.30 267 1,004 1,271 E $5.65 204 827 1,031 D 0600 - 0700 $9.40 296 1,134 1,430 F $9.40 309 1,199 1,508 F $9.40 269 1,170 1,439 F $9.40 279 1,205 1,484 F $7.30 250 903 1,153 D 0700 - 0800 $9.40 177 1,033 1,210 E $9.40 215 1,087 1,302 E $9.40 174 1,122 1,296 E $9.40 197 1,066 1,263 E $7.30 182 862 1,044 D 0800 - 0900 $7.30 120 1,004 1,124 D $7.30 91 1,105 1,196 D $7.30 126 920 1,046 D $7.30 110 990 1,100 D $5.65 125 864 989 C 0900 - 1000 $5.65 80 867 947 C $5.65 108 873 981 C $5.65 126 879 1,005 D $5.65 126 891 1,017 D $5.65 113 742 855 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 158 459 617 B $3.15 196 496 692 B $3.15 167 468 635 B $3.15 168 424 592 B $3.15 105 358 463 B 0500 - 0600 $7.30 213 851 1,064 D $7.30 278 935 1,213 E $7.30 275 965 1,240 E $7.30 262 979 1,241 E $5.65 205 817 1,022 D 0600 - 0700 $9.40 267 1,010 1,277 E $9.40 286 1,190 1,476 F $9.40 279 1,154 1,433 F $9.40 281 1,127 1,408 F $7.30 268 940 1,208 E 0700 - 0800 $9.40 185 848 1,033 D $9.40 169 1,056 1,225 E $9.40 192 1,001 1,193 D $9.40 198 1,039 1,237 E $7.30 180 875 1,055 D 0800 - 0900 $7.30 124 916 1,040 D $7.30 132 1,116 1,248 E $7.30 131 1,030 1,161 D $7.30 136 953 1,089 D $5.65 98 748 846 C 0900 - 1000 $5.65 111 766 877 C $5.65 126 929 1,055 D $5.65 114 954 1,068 D $5.65 137 964 1,101 D $5.65 117 783 900 C  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $3.15 144 465 609 B $3.15 156 448 604 B $3.15 139 415 554 B $3.15 130 386 516 B $3.15 73 229 302 A 0500 - 0600 $7.30 263 928 1,191 D $7.30 260 901 1,161 D $7.30 237 906 1,143 D $7.30 238 821 1,059 D $5.65 156 504 660 B 0600 - 0700 $9.40 241 1,081 1,322 E $9.40 250 1,097 1,347 E $9.40 251 1,011 1,262 E $9.40 232 960 1,192 D $7.30 117 518 635 B 0700 - 0800 $9.40 175 903 1,078 D $9.40 160 993 1,153 D $9.40 166 882 1,048 D $9.40 149 789 938 C $7.30 87 533 620 B 0800 - 0900 $7.30 136 882 1,018 D $7.30 102 892 994 C $7.30 125 827 952 C $7.30 142 738 880 C $5.65 78 513 591 B 0900 - 1000 $5.65 109 714 823 C $5.65 153 807 960 C $5.65 123 651 774 B $5.65 152 755 907 C $5.65 132 494 626 B  AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.10 18 57 75 A $3.15 128 340 468 B $3.15 107 302 409 B $3.15 101 300 401 B $3.15 71 221 292 A 0500 - 0600 $2.10 46 123 169 A $7.30 183 699 882 C $7.30 185 634 819 C $7.30 169 621 790 B $5.65 136 423 559 B 0600 - 0700 $2.10 32 130 162 A $9.40 155 665 820 C $9.40 146 639 785 B $9.40 125 630 755 B $7.30 114 461 575 B 0700 - 0800 $2.10 46 151 197 A $9.40 83 579 662 B $9.40 102 565 667 B $9.40 112 525 637 B $7.30 83 385 468 B 0800 - 0900 $2.10 105 232 337 A $7.30 112 555 667 B $7.30 109 502 611 B $7.30 110 574 684 B $5.65 91 427 518 B 0900 - 1000 $3.15 115 329 444 B $5.65 125 565 690 B $5.65 149 558 707 B $5.65 145 597 742 B $5.65 117 447 564 B Thursday 12/29/22 Friday 12/30/22Monday12/26/22 Tuesday 12/27/22 Wednesday 12/28/22 Wednesday 12/21/22 Thursday 12/22/22 Friday 12/23/22Monday12/19/22 Tuesday 12/20/22 Thursday 12/15/22 Friday 12/16/22Monday12/12/22 Tuesday 12/13/22 Wednesday 12/14/22 Wednesday 12/07/22 Thursday 12/08/22 Friday 12/09/22Monday12/05/22 Tuesday 12/06/22 Thursday 12/01/22 Friday 12/02/22Monday11/28/22 Tuesday 11/29/22 Wednesday 11/30/22 91 17 RCTC O P ERATIONAL HIGHLIGHTS On-Road Operations RCTC Freeway Service Patrol responded to 60 calls during the month of December. Of those calls, 48 were to assist disabled vehicles, four calls to remove debris, and eight were in response to accidents that affected the 91 EL. 92 18 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement 12/31/2022 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 30,103,768.24$ 28,783,000.00$ 1,320,768.24$ 4.6 Fee Revenue 2,613,028.26 3,239,400.00 (626,371.74) (19.3) Total operating revenues 32,716,796.50 32,022,400.00 694,396.50 2.2 Operating expenses: Salaries and Benefits 368,873.05 402,750.00 33,876.95 8.4 Legal Services 16,570.80 175,000.00 158,429.20 90.5 Advisory Services 16,099.72 38,000.00 21,900.28 57.6 Audit and Accounting Fees 31,096.00 18,750.00 (12,346.00) (65.8) Service Fees 4,735.12 6,500.00 1,764.88 27.2 Other Professional Services 219,926.26 622,500.00 402,573.74 64.7 Lease Expense 127,540.15 166,850.00 39,309.85 23.6 Operations 1,374,481.52 2,326,000.00 951,518.48 40.9 Utilities 22,130.23 36,300.00 14,169.77 39.0 Supplies and Materials 591.59 5,300.00 4,708.41 88.8 Membership and Subscription Fees 22,944.69 14,150.00 (8,794.69) (62.2) Office Equipment & Furniture (Non-Capital)- 40,000.00 40,000.00 100.0 Maintenance/Repairs 132,095.38 220,000.00 87,904.62 40.0 Training Seminars and Conferences 611.25 4,000.00 3,388.75 84.7 Transportation Expenses 414.23 1,450.00 1,035.77 71.4 Lodging 1,784.93 1,250.00 (534.93) (42.8) Meals 209.05 1,500.00 1,290.95 86.1 Other Staff Expenses 75.13 250.00 174.87 69.9 Advertising - 75,000.00 75,000.00 100.0 Program Management 23,422.53 26,200.00 2,777.47 10.6 Program Operations 833,336.04 4,169,350.00 3,336,013.96 80.0 Litigation Settlement - - - N/A Furniture & Equipment 3,965.57 37,500.00 33,534.43 89.4 Improvements - 20,000.00 20,000.00 100.0 Bad Debt Expense 601.79 - (601.79) N/A Total operating expenses 3,201,505.03 8,408,600.00 5,207,094.97 61.9 Operating income (loss)29,515,291.47 23,613,800.00 5,901,491.47 25.0 Nonoperating revenues (expenses): Interest Revenue 544,920.20 56,100.00 488,820.20 (871.3) Other Miscellaneous Revenue 42,561.19 - 42,561.19 N/A Loss on Refunding - - - N/A Principal Expense - - - N/A Interest Expense (6,178,735.36) (11,100,500.00) 4,921,764.64 (44.3) Total nonoperating revenues (expenses)(5,591,253.97) (11,044,400.00) 5,453,146.03 49.4 Transfers In 42.90 - 42.90 N/A Transfers Out (598,700.00) (622,350.00) 23,650.00 (3.8) Net income (loss)23,325,380.40$ 11,947,050.00$ 11,378,330.40$ 95.2 1 Unaudited YTD as of : YTD Variance Actual 1 93 19 JOINT AGENCY TRIP AND REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING December 31, 2022 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 764,020 564,635 74%$2,117,699.90 RCTC 677,476 564,635 83%$2,693,177.25 Eastbound OCTA 804,590 549,345 68%$2,819,839.04 RCTC 647,559 549,345 85%$2,432,309.74 94 20 JOINT AGENCY PER FORMANCE MEASURES REPORTING REQUIREMENT REPORTING PERIOD PERFORMANCE STANDARD DECEMBER 2022 PERFORMANCE Customer Service Service Level /Speed of Answer Monthly 80% answered within 60 seconds 70% answered within 60 seconds Abandon Percentage Monthly 4 % < 3% Customer Satisfaction Score Monthly 4.5 => 4.9 First Contact Resolution Monthly 85% of calls resolved on the first contact 96.7% Timeliness of Case Resolution Monthly 90% of cases resolved in one (1) business day 99% Monthly 98% of cases resolved within five (5) business days 100% Mail Performance Processing Returned Mail Monthly Per business day in which 90% of returned mail is processed within three (3) business days 100% Monthly Per business day in which 100% of returned mail is not processed within ten (10) business days 100% Research and resolve unidentified Payments Monthly 100% of all unidentified payments are completely and accurately resolved within five (5) business days 100% Payment Processing Monthly Per business day in which 100% of payments are processed within two (2) business days 100% Accounting Customer Refunds Processed Monthly Per business day in which 100% of all refunds are not completely and accurately issued within five (5) business days 100% Key Performance Indicator for service level was not achieved due to staffing shrinkage due to illnesses. Cofiroute is mitigating this effort by recruiting additional staff members, reducing lunch hours, and utilizing supervisory staff to assist with answering customer calls. JOINT AGENCY TRANSPONDER DISTRIBUTION 95 21 At the end of December 2022, the 91 EL had 165,531 active customer accounts and 657,416 transponders classified as assigned. Number of Accounts by FY As of December 31, 2022 96 AGENDA ITEM 7 Agenda Item 7 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 12, 2023 TO: Toll Policy and Operations Committee FROM: Reinland Jones, Toll Technology Manager THROUGH: Jennifer Crosson, Toll Operations Director SUBJECT: Amend the Interstate 15 Express Lanes Project Toll Services Contract with Kapsch TrafficCom USA Inc. to Implement Dynamic Pricing on the 91 Express Lanes STAFF RECOMMENDATION: This item is for the Committee to recommend the Commission take the following action(s): 1) Approve Change Order No. 33 to Agreement No. 16-31-043-00 for the Interstate 15 Express Lanes Project (I-15 ELP) with Kapsch TrafficCom USA Inc. (Kapsch) to implement Dynamic Pricing on the 91 Express Lanes in the amount of $3,191,086, plus a contingency amount of $223,559, for an additional amount of $3,414,645; 2) Authorize the Executive Director or Designee to approve contingency work as may be required for the Project; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the change order No. 33 to Agreement No. 16-31-043-00 on behalf of the Commission. BACKGROUND INFORMATION: At its January 2023 meeting, the Commission adopted Resolution No. 22-022 “Resolution of the Riverside County Transportation Commission Adopting the RCTC 91 Express Lane Toll Policy and Toll Schedule” whereby the 91 Express Lanes within Riverside County will be tolled dynamically. At that time staff informed the Commission that it would return to seek approval for two items necessary to perform dynamic pricing: the installation of poles and changes to the existing dynamic pricing system. This item is related to the dynamic pricing system. Kapsch Traffic Com (Kapsch) developed a dynamic pricing system for the 15 Express Lanes that has been operating since 2021. Kapsch installed and maintains traffic detection devices and developed an algorithm, which adjusts the toll rates on the 15 Express Lanes based on traffic density. Kapsch also maintains and manages the on-road toll rate signs which are used to display the current toll rate. The design and development of the Kapsch dynamic pricing systems took several years and have functioned well since implementation began. Dynamic pricing on the 91 Express Lanes is scheduled to be deployed in conjunction with the opening of the 15/91 Express Connector in late 2023. In order to achieve that schedule, staff has 97 Agenda Item 7 worked with Kapsch to develop a scope of work and cost for the addition of the 91 Express Lanes to the existing dynamic pricing system and the addition of one traffic detection device in the southern segment of the 15 Express Lanes. DISCUSSION: In order to leverage the prior development of the Kapsch provided dynamic pricing system and to allow for the coordination of toll rate setting and traffic density between the 15 Express Lanes and 91 Express Lanes, staff worked with Kapsch to negotiate a change order for the work related to dynamic pricing. The Kapsch work related to dynamic pricing is as follows: • Installation of 7 (6 on the 91 Express Lanes and 1 on the 15 Express Lanes) traffic monitoring devices; • Integration and maintenance of the data from the traffic monitoring devices into the dynamic pricing algorithm; and • Integrating and managing the display of dynamic prices on the 91 Express Lanes on-road price signs. Traffic Monitoring Devices Staff proposes that six traffic monitoring devices be strategically placed on poles within the shoulder adjacent to the 91 Express Lanes and one in the southern segment of the 15 Express Lanes. The devices will collect continuous traffic data from the Express Lanes in order to calculate traffic density. The traffic monitoring devices will be provided for by Kapsch who will install, calibrate and maintain them. Approval of an agreement to install the poles is a separate item on this same agenda. Integration of the Data Kapsch will be responsible for ensuring the data collected from the traffic monitoring devices is collected and transmitted through the communication network to the database. Kapsch will then uses the data to calculate density along the express lanes. Kapsch will expand the existing algorithm to include the 91 Express Lanes. They will use the density information derived from each of the six traffic monitoring devices to establish the toll rates for each of the possible trips on the 91 Express Lanes. They will publish the toll rates to the on-road price signs and retain a record of the toll rates. Kapsch will also perform work on the user interfaces to include the 91 dynamic prices for monitoring by staff and develop reports used to monitor the pricing. Additionally, as a part of this work Kapsch will be responsible for assigning the dynamically priced toll to each of the 91 Express Lanes toll transactions for processing to the user. As with the 15 98 Agenda Item 7 Express Lanes, Kapsch will be responsible for the day-to-day operation of the dynamic pricing and any future updates or adjustments required. On-road Price Signs The current 91 price signs are programmed to receive time of day pricing and Kapsch will need to update the interface with the 91 Express Lanes signs to receive the dynamic prices. Two of the three 91 Express Lanes price signs already receive dynamic prices for the 15 Express Lanes and require minor modifications. The 91 westbound sign, however, does not currently display any dynamic prices and requires additional work in order for Kapsch to communicate with the sign and display dynamic prices. Staff worked with Kapsch to develop the scope of work for the design, development, testing and maintenance of dynamic pricing on the 91 Express Lanes and for the additional traffic monitoring device on the 15 Express Lanes. The proposed pricing to implement this work is $2,235,586. The proposed maintenance cost for the remaining 7 years of the Kapsch agreement is $955,500. Table 1 provides a price breakdown. The additional work will be covered under the maintenance and performance requirements of the base Kapsch contract. The Commission previously underwent a process to add dynamic pricing for the 15/91 Connector to the Kapsch contract. The pricing established in the 15/91 Connector change order for labor hours and equipment was similar to that included in this change order. The Kapsch contract includes a competitive rate for job classifications exempting the need to negotiate hourly rates. Task Cost Dynamic Pricing Implementation $1,742,795 Traffic Monitoring Devices $492,791 On-going Maintenance & Operations $955,500 Total $3,191,086 Table 1: Pricing Breakdown Based on staff’s understanding of the level of work required to accomplish this work described in this change order staff believes the amount of this change order is fair and reasonable. Kapsch has proven their ability to deliver dynamic pricing for the 15 Express Lanes and staff is confident in their ability to do so again for the 91 Express Lanes. A contingency of $223,559 has been included should there be unforeseen implementation issues after the poles on which the traffic monitoring devices will be placed are installed. RECOMMENDATION: Staff recommends approval of Change Order No. 33 to amend the Toll Services Agreement between the Commission and Kapsch in the amount of $3,191,086 with a contingency of $223,559 with a total not to exceed of $3,414,645. Further, authorization is requested for the Chair or Executive Director to execute the change order on behalf of the Commission. 99 Agenda Item 7 FISCAL IMPACT: Services provided under this change order will be funded by 91 Express Lanes Toll Revenue. The work included in this change order will be paid over two fiscal years. The Fiscal Year 2023/24 budget includes an amount for, $2,035,000 and the remaining $1,379,645 will be requested with the subsequent fiscal year budget. Financial Information In Fiscal Year Budget: Yes Year: FY 2023/24+ Amount: $3,414,645 Source of Funds: Toll Revenues Budget Adjustment: N/A GL/Project Accounting No.: 009104 81301 00000 0000 591 31 81301 $2,459,145 009199 81002 00000 0000 591 31 81041 $955,500 Fiscal Procedures Approved: Date: 03/30/2023 Attachment: Draft Change Order No. 33 100 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 1 Sensitive Change Response / TSP Change Request RIVERSIDE COUNTY TRANSPORTATION COMMISSION I-15 Toll Services Provider Contract Change Order No. 33 Pursuant to: (check appropriate box) Written Change Notice No. _29_, dated _3/17/2023__, submitted by RCTC to TSP pursuant to Section 20.4.1 of the Contract TSP Change Request No._______, dated __________, submitted by TSP to RCTC pursuant to Section 20.6 of the Contract Directive Letter No. ________, dated __________, submitted by RCTC to TSP pursuant to Section 20.3 of the Contract Reference is made to that certain Toll Services Contract (Contract No. 16-31-043-00) dated 26 January 2017, by and between Riverside County Transportation Commission (“RCTC”), a public entity of the State of California (“RCTC”), and Kapsch TrafficCom USA, Inc., f/k/a Kapsch TrafficCom Transportation NA, Inc. (“Kapsch”), a corporation organized under the laws of Delaware (“TSP”), as amended, together with all Exhibits and prior amendments (the “Contract”). This Change Order amends the Contract. Capitalized terms used, but not defined, in this Change Order have the meanings given in, and all Section and Exhibit references shall be to the Contract. 101 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 2 Sensitive SECTION I – Narrative, Discussion of Additions, Deletions, Modifications to the Requirements of the Toll Services Contract A. Evaluation of Change including whether TSP considers any RCTC-Initiated Change to constitute a Change and the specific provision(s) of this Contract which permit a Change Order (Section 20.4.3(a)(i)): N/A – RCTC Initiated Change Order B. Overview of scope of Change (Section 20.4.3(a)(iii)). For detailed scope of Change, please complete the Change Response Price Form: All capitalized terms used in this Change Order No. 32 and not defined herein have the meanings given to such terms in the Toll Services Contract dated January 26, 2017 (as amended by this Change Order and the previous Change Orders), between the Riverside County Transportation Commission (“RCTC”) and Kapsch TrafficCom USA, Inc. (“TSP”) (together the “Contract”). Deploy and maintain dynamic pricing along the 91 Express Lanes and supporting equipment. See Attachment 1 for Scope and Attachment 1A through 1E for cost. C. Analysis of impact of the Change on the performance of other aspects of the D&D Work, O&M Work, RCTC or RCTC’s toll operations (as applicable); (Section 20.4.3(a)(v)): N/A D. Proposed plan for mitigating impacts of the Change (Section 20.4.2(a)(x)): N/A E. Additions / deletions / modifications to the requirements of the Contract including KPIs (if any) (Section 20.4.3(a)(viii)): N/A 102 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 3 Sensitive SECTION II – Cost Impact(s) A. Summary Compensation under this Change Order is to be paid (check the applicable boxes below): n/a1 $0.00 (“no cost”) Change Order. as a lump sum payment in accordance with the Statement of Work (Attachment 1A and 1B) for Technical specification updates - $2,235,586.00. as a series of monthly payments in accordance with Attachment 1C thru 1I – DPE O&M – Price Sheet – Monthly Payments as an adjustment to Total O&M Years 1 and 2 Cost or Total O&M Years 3, 4 and 5 Cost as a Unit Price Change Order for increases or decreases in the Contract Price [not to exceed] / [in the amount of] __________ dollars ($ __________)) as a Time and Materials Change Order, [not to exceed __________ dollars ($ __________)] as is set forth below, under Section II(B)([2] / [3]).[select the proper reference] If more than one box has been checked, also check this box and summarize terms here: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Documentation supporting the Change Order is attached as Annex[es] __________ [through __________]. B. Special Considerations 1. Delay and disruption damages for Excusable Delay (Section 20.10). n/a Compensation available for Change Orders are (only) extra Work Costs and delay Costs directly attributable to the proposed Change and exclude certain costs and expenses. • Total extra Work Costs: $__________ • Total delay and disruption damages: $ __________ 1 If $0 (i.e., a “no cost” Change Order), leave remainder of Section II blank. 103 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 4 Sensitive Discussion (if any): ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2. Deductive RCTC Changes. n/a If this Change Order is a deductive change Net Cost 2 Savings attributable to the deductive change $ __________ Amount due to RCTC attributable to the deductive Change (or which can be used by RCTC, in its sole discretion, to offset payment to TSP) $ __________ Discussion (if any): ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2 When both additions and reductions are involved in any one Change Order, the adjustment shall be determined on the basis of net increase or decrease. TSP Margin will be allowed only for the net increase in labor Cost in order to establish the amount to be added to the Contract Price. In determining a deductive change order, any deduction will include the amount of TSP Margin and Audited Overhead which would have been payable on such amounts by RCTC in accordance with Section 20. 104 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 5 Sensitive SECTION III – Completion Deadline Impacts (Applicable to All Change Orders) The status of the CSC Commencement Deadline is as follows: Unaffected by this Change Order Affected by [extending] / [accelerating] the date of the CSC Commencement Deadline by _________calendar days to __________ calendar days prior to Revenue Service Commencement. The status of the Revenue Service Commencement Deadline is as follows: Unaffected by this Change Order Affected by [extending] / [accelerating] the date of the Revenue Service Deadline by _________calendar days to __________ Days after the Package 4 Turnover Date. The status of the total Float is as follows: Unaffected by this Change Order Affected by this Change Order as follows: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ If this Change Order is issued as a result of, or relating to, an Excusable Delay or a shortening time, TSP’s Critical Path time impact delay analysis is attached as Annex _____ (Section 20.4.3(a)(vi)). n/a 105 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 6 Sensitive SECTION IV - (Reviewed and recommended agreed by TSP’s [Project Manager-D&D Work] or [Project Manager-O&M Work]) By: ___________________________________________ Name: Jim Kirwin Title: Project Manager Date: ___________________ Comments: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 106 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 7 Sensitive SECTION V - (Reviewed and agreed by TSP) The undersigned Authorized Representative of TSP hereby certifies, under penalty of perjury, as follows: 1. Sections I, II and III of this Change Order, including all Worksheets and Annexes, collectively represent a true, accurate and complete summary of all aspects of this Change Order. 2. The amounts of time and/or compensation set forth in this Change Order (a) are, in each case, justified as to entitlement and amount, (b) reflect all changes to compensation for and scheduling of the Project (inclusive of all Subcontractor and Supplier amounts, impacts), (c) is complete, accurate and current and (d), in each case, the amounts of time, if any, and/or compensation, if any, agreeable to, and is hereby agreed by, TSP. 3. This Change Order includes all known and anticipated impacts or amounts, direct, indirect and consequential, which have been and may be incurred, as a result of the event, occurrence or matter giving rise to this Change Order. This Change Order constitutes a full and complete settlement of all Losses, Claims, matters, issues and disputes existing as of the effective date of this Change Order, of whatever nature, kind or character relating to the event, occurrence or matter giving rise to this Change Order and the performance of any extra Work that this Change Order documents or relates, including all direct and indirect costs for services, equipment, manpower, materials, overhead, profit, financing, delay and disruption arising out of, or relating to, the issues set forth herein. TSP acknowledges that it shall not be entitled to assert any Claim for relief under the Contract for delay, disruption costs or any other adverse financial or Project Schedule impacts existing as of the effective date of this Change Order and arising out of, or relating to, the event, occurrence or matter giving rise to this Change Order or such extra Work. 4. If the foregoing Change Order includes claims of Subcontractors or Suppliers, TSP represents that authorized representatives of each Subcontractor and Supplier, if any, reviewed such claims, this Change Order and accept this Change Order as dispositive on the same, subject to separate Contract between TSP and each such Subcontractor and Supplier, as applicable. Furthermore, TSP has determined in good faith that such claims are justified as to both entitlement and amount. 5. The cost and pricing data forming the basis for the Change Order is complete, accurate and current, with specific reference to the California False Claims Act (Government Code section 12650 et. seq.) and the U.S. False Claims Act (31 USC § 3729 et seq.) 6. It is understood and agreed that this Change Order shall not alter or change, in any way, the force and effect of the Contract, including any previous amendment(s) thereto, except insofar as the same is expressly altered and amended by this Change Order. 7. This Change Order supersedes all prior commitments, negotiations, correspondence, conversations, Contracts or understanding applicable to the issues addressed herein. No deviation from the terms hereof shall be predicated upon any prior representations or Contracts, whether oral or written, other than the Contract, as amended in accordance with its terms. 107 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 8 Sensitive 8. This Change Order is binding upon, and shall insure to the benefit of, each of the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS, WHEREOF, TSP, intending to be legally bound, has executed this Change Order as of the date below. TSP: Kapsch TrafficCom USA, Inc. Date: ___________________ By: Name: Ray Cooper Title: Vice President and General Manager, Western Region Delivery and Operations 108 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 9 Sensitive SECTION VI - (Reviewed and recommended by RCTC) By: _______________________________________________ Name: Jennifer Crosson Title: Toll Operations Director Date: _4/##/2023______________ Comments: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 109 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 10 Sensitive SECTION VII - (Agreed by RCTC’s Authorized Representative) IN WITNESS WHEREOF, RCTC, intending to be legally bound, has executed this Change Order as of the date first written above. Date: ___________________ (the effective date of this Change Order) RCTC RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: _______________________________ Name: Anne Mayer Title: Executive Director 110 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 11 Sensitive ATTACHMENT 1 SCOPE OF WORK This scope of work will be broken out into 3 phases. Phases one and two will continue concurrently. Phase 1 – Microwave Vehicle Detector installation Kapsch will procure, install and integrate 11 new Microwave Vehicle Detectors (MVDs) on new and/or existing CCTV poles or other infrastructure provided by RCTC on the SR-91 and the I-15. For the new MVDs, 10 are along the SR-91 and 1 is on the along the I-15. The new or existing infrastructure used on the SR-91 will be next to existing CCTV locations at: CCTV 101, CCTV 103, CCTV 104, CCTV 109, CCTV 110, CCTV 111, and CCTV 112. For new infrastructure, a conduit will be included from the new infrastructure location to the existing CCTV referenced or associated pull box. For new infrastructure that will be constructed, Kapsch will support plan reviews and inspections for turnover, coordination with the designers and/or constructor as necessary. Kapsch will re-use the MVD installation mounting designs from the ELP and ELC Design packages and will connect the new MVDs into the existing network infrastructure, configure and tune as required. The MVDs data returned will remain consistent with the existing ELP infrastructure and be available to RCTC in the system database. For the remaining three locations, CCTV 121 and CCTV 122, it is anticipated Kapsch will use existing SR- 91 CCTV pole infrastructure and for CCTV 113 it is anticipated to use the infrastructure brought on by the ELC project. Note, the work and payment for the MVDs units to be installed at CCTV 121, 122 and 113 is to be handled by the option for 3 additional MVDs units in the ELC 8B CO and as such is not costed in this change order. List of documentation deliverables Kapsch will update: 1. Final Design Document Addendum 2. Roadside Maintenance Plan Addendum 3. SR-91 CCTV Cabinet Upgrade Drawing List of new documentation deliverables Kapsch will develop: 1. SR-91 MVDS Data Summary Report 2. MVDS Commissioning Test Procedures 3. MDVS Commissioning Test Report Proposed Payment Terms: Refer to Attachment 1A for payment. 15% Upon execution of the Change Order 25% Upon purchase of addition MVDs and associated hardware. 111 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 12 Sensitive 30% Upon installation completion of the MVDS units. 15% Upon RCTC approval of documentation deliverables listed above. 15% Upon RCTC approval of the Commissioning Test Report Phase 2 – Dynamic Pricing Development Kapsch will update its separate development & test environment for the Express Lanes Project (ELP) & Express Lanes Connector 8B Change Order to test SR-91 and connector segments within Kapsch’s Dynamic Pricing solution (DP), already in place for mainline I-15, by way of a Virtual Factory Acceptance Test (vFAT). The primary goal of the vFAT will be to establish that DP can correctly produce dynamic toll rates for these segments and that the configuration is compatible with the current configuration. After concluding vFAT, a modified Site Commissioning Test (SCT) will be performed to demonstrate: 1. Updates to the Express Lane Command Center (ELCC) user interfaces to include the connector and other portions of the roadway within the scope of the 8B change order; and 2. That Kapsch is able to connect to and control the SR-91 WB Changeable Message Sign (CMS). Kapsch will propose a plan for dynamically pricing the roadway after variable pricing is in place and in coordination with RCTC. After accepting the initial dynamic pricing settings, Kapsch will enable these settings as a background, or shadow, process and only transitioning from variable pricing to dynamic at RCTC’s discretion. Kapsch expects to perform the following key tasks as part of this scope: - vFAT Test: o Test Dynamic Pricing Engine software, o ELCC GUI Updates to handle display of pricing on West Bound CMS & sign overrides o ELCC GUI Updates to handle segment pricing overrides that were previously TOD, as these segments were not enabled for overrides when they were TOD o ELCC GUI Updates to handle display of SR-91 facility on MVD Stations - Network changes to support West Bound CMS control by ELCC. - Lane Controller Integration and Testing to control West Bound SR-91 CMS - Update of existing reports as needed - Dynamic Pricing tuning workshops List of documentation deliverables Kapsch will update: 4. Business Rule Document 5. Final Design Document Addendum 6. Site Commissioning Test (SCT) Procedures 7. Site Commissioning Test (SCT) Report 112 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 13 Sensitive List of new documentation deliverables Kapsch will develop: 4. Project Schedule 5. vFAT Test Procedures 6. vFAT Test Report 7. SR-91 Dynamic Pricing & WB CMS Transition Plan 8. Proposal for dynamically pricing SR-91, including detailed DP controller settings and modeled pricing results Assumptions: • Kapsch controls the RCTC portion of the SR-91 roadside network. • MVDS Units on the SR-91 Eastbound and Westbound have been installed, calibrated and integrated with the production system to collect vehicle speed, occupancy and count data. • Proposed DP configurations and results are based on: the best available MVDS data for the segments; a goal of decreasing demand to maintain a level of service of C, or better, to the maximum practical extent; and that the resulting rates need not match the variable pricing strategy in order to be accepted. • No new hardware or upgrades to existing hardware required. (Kapsch to confirm). Proposed Payment Terms: Refer to Attachment 1B for payment. 15% Upon execution of the Change Order 35% Upon Acceptance of vFAT Test Report 30% Upon go-live of Dynamic Pricing on the SR-91. 20% Upon RCTC Acceptance of Dynamic Pricing Rates on the SR-91. Phase 3 Dynamic Pricing Operations and Maintenance Kapsch will maintain systems and devices identified in Phase 1 and 2 for the term of the contract. Phase 3 monthly payments shall begin upon acceptance of Phase 2. 113 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 14 Sensitive ATTACHMENT 1A MICROWAVE DETECTION INSTALLATION AND INTEGRATION TOTAL COSTS # Item Description Unit Qty Unit Price Total 1 Labor – Kapsch SR-91 O&M Work Lot 1 $330,160.43 $330,160.36 2 Subcontractors Maintenance Service Contracts, Lane Closures, Security Services Lot 1 $12,900.00 $12,900.00 3 ODCs Technician ODCs – Vehicle Lease, Fuel, Maintenance, tolls, Bonding, etc. Lot 1 $13,791.83 $13,791.83 4 Materials Spares, Consumables, RMA and Repair Lot 1 $102,922.81 $102,922.81 5 Delay N/A Lot 1 $0.00 $0.00 6 TSP Margin (10% of Items 1&2) Lot 1 $33,016.00 $33,016.00 Total Costs $492,791.00 ATTACHMENT 1B 91 EXPRESS LANES DYNAMIC PRICING DEPLOYMENT AND INTEGRATION TOTAL COSTS # Item Description Unit Qty Unit Price Total 1 Labor – Kapsch SR-91 O&M Work Lot 1 $1,536,66.04 $1,536,66.04 2 Subcontractors Maintenance Service Contracts, Lane Closures, Security Services Lot 1 $0.00 $0.00 3 ODCs Technician ODCs – Vehicle Lease, Fuel, Maintenance, tolls, Bonding, etc. Lot 1 $52,483.96 $52,483.96 4 Materials Spares, Consumables, RMA and Repair Lot 1 $0.00 $0.00 5 Delay N/A Lot 1 $0.00 $0.00 6 TSP Margin (10% of Items 1&2) Lot 1 $153,65.00 $153,65.00 Total Costs $1,742,795.00 114 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 15 Sensitive ATTACHMENT 1C 91 DYNAMIC PRICING O&M – PRICE SHEET – MONTHLY PAYMENTS YEAR 4 - APRIL 2024 THROUGH MARCH 2025 # Item Description Unit Qty Unit Price Total 1 Labor – Kapsch SR-91 O&M Work Lot 1 $97,268.58 $97,268.58 2 Subcontractors Maintenance Service Contracts, Lane Closures, Security Services Lot 1 $8,600.00 $8,600.00 3 ODCs Technician ODCs – Vehicle Lease, Fuel, Maintenance, tolls, Bonding, etc. Lot 1 $1,159.00 $1,159.00 4 Materials Spares, Consumables, RMA and Repair Lot 1 $9,999.52 $9,999.52 5 Delay N/A Lot 1 $0.00 $0.00 6 TSP Margin (10% of Items 1&2) Lot 1 $9,727.00 $9,727.00 Year 4 Annual O&M Costs $126,754.00 12 months @ per month $10,562.83 ATTACHMENT 1D 91 DYNAMIC PRICING O&M – PRICE SHEET – MONTHLY PAYMENTS YEAR 5 - APRIL 2025 THROUGH MARCH 2026 # Item Description Unit Qty Unit Price Total 1 Labor – Kapsch SR-91 O&M Work Lot 1 $99,701.89 $99,701.89 2 Subcontractors Maintenance Service Contracts, Lane Closures, Security Services Lot 1 $8,600.00 $8,600.00 3 ODCs Technician ODCs – Vehicle Lease, Fuel, Maintenance, tolls, Bonding, etc. Lot 1 $1,183.00 $1,183.00 4 Materials Spares, Consumables, RMA and Repair Lot 1 $9,999.52 $9,999.52 5 Delay N/A Lot 1 $0.00 $0.00 6 TSP Margin (10% of Items 1&2) Lot 1 $9,970.00 $9,970.00 Year 5 Annual O&M Costs $129,454.00 12 months @ per month $10,787.83 115 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 16 Sensitive ATTACHMENT 1E 91 DYNAMIC PRICING O&M – PRICE SHEET – MONTHLY PAYMENTS YEAR 6 - APRIL 2026 THROUGH MARCH 2027 # Item Description Unit Qty Unit Price Total 1 Labor – Kapsch SR-91 O&M Work Lot 1 $102,690.12 $102,690.12 2 Subcontractors Maintenance Service Contracts, Lane Closures, Security Services Lot 1 $8,600.00 $8,600.00 3 ODCs Technician ODCs – Vehicle Lease, Fuel, Maintenance, tolls, Bonding, etc. Lot 1 $1,213.00 $1,213.00 4 Materials Spares, Consumables, RMA and Repair Lot 1 $9,999.52 $9,999.52 5 Delay N/A Lot 1 $0.00 $0.00 6 TSP Margin (10% of Items 1&2) Lot 1 $10,269.00 $10,269.00 Year 6 Annual O&M Costs $132,772.00 12 months @ per month $11,064.33 ATTACHMENT 1F 91 DYNAMIC PRICING O&M – PRICE SHEET – MONTHLY PAYMENTS YEAR 7 - APRIL 2027 THROUGH MARCH 2028 # Item Description Unit Qty Unit Price Total 1 Labor – Kapsch SR-91 O&M Work Lot 1 $105,776.68 $105,776.68 2 Subcontractors Maintenance Service Contracts, Lane Closures, Security Services Lot 1 $8,600.00 $8,600.00 3 ODCs Technician ODCs – Vehicle Lease, Fuel, Maintenance, tolls, Bonding, etc. Lot 1 $1,244.00 $1,244.00 4 Materials Spares, Consumables, RMA and Repair Lot 1 $9,999.52 $9,999.52 5 Delay N/A Lot 1 $0.00 $0.00 6 TSP Margin (10% of Items 1&2) Lot 1 $10,578.00 $10,578.00 Year 7 Annual O&M Costs $136,198.00 12 months @ per month $11,349.83 116 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 17 Sensitive ATTACHMENT 1G 91 DYNAMIC PRICING O&M – PRICE SHEET – MONTHLY PAYMENTS YEAR 8 - APRIL 2028 THROUGH MARCH 2029 # Item Description Unit Qty Unit Price Total 1 Labor – Kapsch SR-91 O&M Work Lot 1 $108,947.97 $108,947.97 2 Subcontractors Maintenance Service Contracts, Lane Closures, Security Services Lot 1 $8,600.00 $8,600.00 3 ODCs Technician ODCs – Vehicle Lease, Fuel, Maintenance, tolls, Bonding, etc. Lot 1 $1,275.00 $1,275.00 4 Materials Spares, Consumables, RMA and Repair Lot 1 $9,999.52 $9,999.52 5 Delay N/A Lot 1 $0.00 $0.00 6 TSP Margin (10% of Items 1&2) Lot 1 $10,895.00 $10,895.00 Year 8 Annual O&M Costs $139,718.00 12 months @ per month $11,643.17 ATTACHMENT 1H 91 DYNAMIC PRICING O&M – PRICE SHEET – MONTHLY PAYMENTS YEAR 9 - APRIL 2029 THROUGH MARCH 2030 # Item Description Unit Qty Unit Price Total 1 Labor – Kapsch SR-91 O&M Work Lot 1 $112,216.53 $112,216.53 2 Subcontractors Maintenance Service Contracts, Lane Closures, Security Services Lot 1 $8,600.00 $8,600.00 3 ODCs Technician ODCs – Vehicle Lease, Fuel, Maintenance, tolls, Bonding, etc. Lot 1 $1,308.00 $1,308.00 4 Materials Spares, Consumables, RMA and Repair Lot 1 $9,999.52 $9,999.52 5 Delay N/A Lot 1 $0.00 $0.00 6 TSP Margin (10% of Items 1&2) Lot 1 $11,222.00 $11,222.00 Year 9 Annual O&M Costs $143,346.00 12 months @ per month $11,945.50 117 Riverside County Transportation Commission I-15 Express Lanes Project – Toll Services 18 Sensitive ATTACHMENT 1I 91 DYNAMIC PRICING O&M – PRICE SHEET – MONTHLY PAYMENTS YEAR 10 - APRIL 2030 THROUGH MARCH 2031 # Item Description Unit Qty Unit Price Total 1 Labor – Kapsch SR-91 O&M Work Lot 1 $115,580.01 $115,580.01 2 Subcontractors Maintenance Service Contracts, Lane Closures, Security Services Lot 1 $8,600.00 $8,600.00 3 ODCs Technician ODCs – Vehicle Lease, Fuel, Maintenance, tolls, Bonding, etc. Lot 1 $1,342.00 $1,342.00 4 Materials Spares, Consumables, RMA and Repair Lot 1 $9,999.52 $9,999.52 5 Delay N/A Lot 1 $0.00 $0.00 6 TSP Margin (10% of Items 1&2) Lot 1 $11,558.00 $11,558.00 Year 10 Annual O&M Costs $147,079.00 12 months @ per month $12,256.58 118 91 EXPRESS LANES DYNAMIC PRICING CHANGE Toll Policy and Operations Committee April 12, 2023 Reinland Jones, Toll Technology Manager 1 2 •Change order to Kapsch Contract (this item). •Contract award for Pole Installation (next item). Dynamic Pricing Implementation Traffic Monitoring Devices 3 Traffic Monitoring Devices Dynamic Pricing Development 4 1 43 2 5 6•Collect data from traffic monitoring devices •Calculate the toll for each trip combination On-road Price Signs 5 $ 3.00 $ 6.00 $ 4.00 15 Express Lane Additional Device 6 •One additional device in southern segment •Provide for additional data to manage congested segment On-going maintenance and Management 7 •Traffic monitoring device repair and maintenance •Pricing algorithm maintenance •Sign manager software maintenance •On-going analysis of toll and traffic density Change Order Amount 8 Task Cost Traffic Monitoring Devices $492,791 Dynamic Pricing Implementation $1,742,795 Contingency $223,559 7 Years of Operation and Maintenance $955,500 Total $3,414,645 THANK YOU QUESTIONS 9 AGENDA ITEM 8 Agenda Item 8 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 12, 2023 TO: Toll Policy and Operations Committee FROM: Andrew Hedy, Toll Systems Engineer THROUGH: Reinland Jones, Toll Technology Manager SUBJECT: Express Lanes Intelligent Transportation Systems Poles Project STAFF RECOMMENDATION: This item is for the Committee to recommend the Commission take the following action: 1) Award Agreement No. 23-31-049-00 to International Line Builders, Inc. for the Express Lanes Intelligent Transportation Systems Poles Project in the amount of $399,835, plus a contingency amount of $60,000, for a total amount not to exceed $459,835; 2) Authorize the Executive Director or designee to approve contingency work as may be required for the Project; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: At its’ January 2023 Commission meeting, the Commission adopted Resolution No. 22-022 “Resolution of the Riverside County Transportation Commission Adopting the RCTC 91 Express Lane Toll Policy and Toll Schedule” whereby the 91 Express Lanes within Riverside County will be tolled using dynamic pricing. At that time, staff informed the Commission that it would seek approval for two items necessary to perform dynamic pricing: the installation of poles and changes to the existing dynamic pricing system. This item is related to the installation of poles. A critical component of dynamic pricing is the collection of traffic data which is used by the dynamic pricing algorithm to calculate tolls. In order to collect the required data, traffic monitoring devices mounted on poles along the 91 Express Lanes, in Riverside County, are needed. The 15 Express Lanes has traffic monitoring devices to collect data used by the 15 Express Lanes dynamic pricing system. After two years of operation, it has been determined that the placement of traffic monitoring devices on 60-foot poles is effective. The placement of the monitoring devices for the 15 Express Lanes has been effective at determining traffic density in 7 of the 8 tolled segments of the 15 Express Lanes. The southernmost segment of the 15 Express Lanes experiences high density traffic during peak periods. Staff has determined that an additional traffic detector in this segment would improve the setting of tolls in this segment. 119 Agenda Item 8 DISCUSSION: The 91 Express Lanes dynamic pricing is targeted to commence with the opening of the 15/91 Express Connector in late 2023. To achieve the implementation of dynamic pricing by late 2023, staff engaged the assistance of its consultant HNTB to prepare the required design documents. The HNTB prepared design documents were used in the procurement of a contractor to install the poles and required infrastructure and to simultaneously seek Caltrans approval. The 91 Express Lanes owns six 30-foot poles on the shoulder of State Route 91 along with the required power and a communications network. Cameras used to monitor the 91 Express Lanes operation are currently mounted on these poles. The current roadside system and dynamic pricing provider, Kapsch Traffic Com (Kapsch), and the Commission’s toll consultant, HNTB, evaluated the use of the existing poles for the mounting of the needed traffic monitoring devices. Staff determined that the pole locations align with the locations where the collection of traffic data is ideal. However, the height of the poles is not adequate to provide an uninterrupted view of the express lanes and thus a constant flow of data. The SR-91 is a freight corridor, and the existing 30-foot poles will not allow the traffic monitoring devices to have a constant line of sight across five lanes of traffic into the 91 Express Lanes. The evaluation determined that six 60-foot poles on the SR-91, adjacent to the existing 30-foot poles, are needed in order to provide an uninterrupted stream of data. Kapsch and HNTB also evaluated the southern segment of the 15 Express Lanes to locate possible existing infrastructure for the placement of an additional traffic detector. This evaluation determined that an existing sign structure can be used, but that the communication network needs to be extended to this location. The Commission does not have an existing contract for the work required to install the poles and provide the required connection to power and communications. In order for Kapsch to have sufficient time to install and test the traffic monitoring devices, the work related to the installation of the poles needs to be completed by October 2023. As the timeline is short, staff submitted the design plans for Caltrans approval while simultaneously undergoing the process of procuring a contractor. Procurement Process On February 8, 2023, the Commission advertised Invitation for Bids (IFB) No. 23-31-049-00 for the Express Lanes Intelligent Transportation Systems Poles Project. A public notice was advertised in the Press Enterprise, and the complete IFB, including all contract documents was posted on the Commission’s PlanetBids website, which is accessible through the Commission’s website. Electronic mail messages were sent to vendors registered in the Commission’s PlanetBids database that fit the IFB qualifications. Thirty-nine (39) firms downloaded the IFB. 5 were located in Riverside County. A pre-bid conference was held on February 15, 2023, five bids were received and publicly opened. A summary of the bids received is shown in Table 1. 120 Agenda Item 8 Firm Bid Amount (In order from low bid to high bid) Engineers Estimate (excluding Contingency) $ 410,436.13 1 International Line Builders, Inc. $ 399,835.00 2 Elecnor Belco Electric, Inc. $ 509,000.00 3 Servitek Electric, Inc. $ 620,856.00 4 Crosstown Electrical & Data, Inc. $ 799,963.00 5 High - Light Electric Inc. $ 807,787.00 The basis for award for a public works contract is the lowest responsive and responsible bidder as defined by the Commission’s procurement policy and state law. The bid price submitted by International Line Builders; Inc. was 2.65 percent lower than the engineer’s estimate. Although International Line Builders, Inc. was lower than the engineer’s estimate, an analysis of the bid did not find irregularities or omissions. After analyzing the bids received, staff concluded that International Line Builders, Inc. is the lowest responsible bidder submitting a responsive bid in the amount of $399,835 for the project. A contingency amount of approximately 15 percent ($60,000) is recommended for this agreement to account for other potential expenses. The 15 percent contingency amount is requested because the IFB was released with 95 percent PS&E plans and not approved 100 percent PS&E plans. The requested contingency is to cover any change orders as a result of the approved 100 percent PS&E plans in addition to unforeseen site conditions encountered during construction. RECOMMENDATION: The installation of this infrastructure is critical for deployment of dynamic pricing, therefore, staff recommends award of Agreement No. 23-31-049-00 to International Line Builders, Inc. for the amount of $399,835.00, plus a contingency amount of $60,000, for a total amount not to exceed $459,835. FISCAL IMPACT: Fiscal Year 2023/24 budget includes an amount of $459,835 for this item. The funding source is SR-91 toll revenue. 121 Agenda Item 8 Financial Information In Fiscal Year Budget: Yes Year: FY 2023/24 Amount: $ 459,835 Source of Funds: Toll Revenues Budget Adjustment: N/A GL/Project Accounting No.: 009103 81301 00135 0000 591 31 81301 $459,835 Fiscal Procedures Approved: Date: 03/30/2023 Attachment: Draft Agreement No. 23-31-049-00 with International Line Builders, Inc. 122 17336.00000\32452511.1 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION SHORT FORM CONSTRUCTION CONTRACT EXPRESS LANES ITS POLES PROJECT AGREEMENT NO. 23-31-049-00 1.PARTIES AND DATE. This Contract is made and entered into this ________ day of _________, 2023 by and between the Riverside County Transportation Commission, a public agency of the State of California (“Commission”) and International Line Builders, Inc. DBA ILB Electric, a CORPORATION with its principal place of business at 3955 Temescal Canyon Road, Corona, CA 92883 (“Contractor”). Commission and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract. 2.RECITALS. 2.1 Commission. Commission is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the Commission on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing ITS poles related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Commission. The following license classifications are required for this Project: “A” General Engineering Contractor. 2.3 Project. Commission desires to engage Contractor to render such services for the Express Lanes ITS Poles Project (“Project”) as set forth in this Contract. 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract. 3.TERMS 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: •Scope of Work/Schedule (Exhibit “A”) •ITS Pole Plans (Exhibit “B”) •Special Conditions (Exhibit “C”) •Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) •Public Works Contractor Registration Certification (Exhibit “E”) •Payment and Performance Bonds (Exhibit “F”) •Addenda •Change Orders executed by the Commission •2018 Edition of the Caltrans Standard Specifications, and Revised Standard Specifications (Excluding Division 1) DRA F T 123 17336.00000\32452511.1 2 • Manual for Uniform Traffic Control Devices (MUTCD) California edition • Notice Inviting Bids, if any • Instructions to Bidders, if any • Contractor’s Bid 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Commission all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference. 3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the Commission. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the Commission may direct the Contractor to proceed with the performance of the change on a time and materials basis. 3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the Commission may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Commission may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. The Commission has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed DRA F T 124 17336.00000\32452511.1 3 on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Commission in a timely fashion will result in the rejection of the proposed substitution. Contractor shall bear all of the Commission’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 120 working days, beginning the effective date of the Limited Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the Commission. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the Commission will suffer damage. Contractor shall pay to the Commission as fixed and liquidated damages the sum of One Thousand Dollars ($1,000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the Commission, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the Commission to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Commission, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work. 3.5 Control and Payment of Subordinates; Contractual Relationship. Commission retains Contractor on an independent contractor basis and Contractor is not an employee of Commission. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social DRA F T 125 17336.00000\32452511.1 4 security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 3.6 Commission’s Basic Obligation. Commission agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Commission shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract. 3.7 Compensation and Payment. 3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Commission agrees to pay Contractor the Total Contract Price of Three Hundred Ninety-Nine Thousand, Eight Hundred Thirty-five Dollars ($399,835.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the Commission. 3.7.1.1 Alternate Bid Item. The bid includes an alternate bid item for ________. The total price for the alternate bid item is __________________. The Total Contract Price above does not include the alternate bid item. If the Commission elects to proceed with the alternate bid item, the Total Contract Price shall be adjusted to include the amount set forth in this section. 3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, Commission will arrange for payment of the Total Contract Price upon completion and approval by Commission of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, Commission will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the Commission an itemized application for payment in the format supplied by the Commission indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the Commission may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the Commission and in such detail and form as the Commission shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. 3.7.3 Prompt Payment. Commission shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others. 3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the Commission, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107. 3.7.5 Other Retentions. In addition to Contract retentions, the Commission may deduct from each progress payment an amount necessary to protect Commission from loss DRA F T 126 17336.00000\32452511.1 5 because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Commission in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Commission during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Commission, incurred by the Commission for which Contractor is liable under the Contract; and (11) any other sums which the Commission is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Commission to deduct any of these sums from a progress payment shall not constitute a waiver of the Commission’s right to such sums. 3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the Commission will permit the substitution of securities for any monies withheld by the Commission to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Commission, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Commission shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the Commission has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Commission. 3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Commission at the time of payment. To the extent that title has not previously been vested in the Commission by reason of payments, full title shall pass to the Commission at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Commission, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 3.7.8 Labor and Material Releases. Contractor shall furnish Commission with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Commission. 3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is DRA F T 127 17336.00000\32452511.1 6 $25,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Commission shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Commission, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. 3.7.10 Apprenticeable Crafts. If the Total Contract Price exceeds $35,000 and if Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. 3.7.11 Hours of Work. If the Total Contract Price exceeds $25,000, Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. 3.7.12 Payroll Records. If the Total Contract Price exceeds $25,000, Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Commission, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.7.13 Contractor and Subcontractor Registration. If the Total Contract Price exceeds $25,000, then pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform DRA F T 128 17336.00000\32452511.1 7 public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 3.7.14 Labor Compliance; Stop Orders. If the Total Contract Price exceeds $25,000, Contractor acknowledges that it is aware that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Commission. Contractor shall defend, indemnify and hold the Commission, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.8 Performance of Work; Jobsite Obligations. 3.8.1 Water Quality Management and Compliance. 3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. 3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site. DRA F T 129 17336.00000\32452511.1 8 3.8.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage Commission, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. 3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. 3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the Commission and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, Commission may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit. 3.8.1.6 Reservation of Right to Defend. Commission reserves the right to defend any enforcement action brought against the Commission for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Commission for the costs (including the Commission’s attorney’s fees) associated with, any settlement reached between the Commission and the relevant enforcement entity. 3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by Commission, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, Commission will provide the Contractor with a list of training programs that meet the requirements of this paragraph. 3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor 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, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing DRA F T 130 17336.00000\32452511.1 9 in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 3.8.3 Laws and Regulations. Contractor 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 Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Commission in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Commission, Contractor shall be solely responsible for all costs arising therefrom. Commission is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of Commission are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold Commission, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.8.4 Permits and Licenses. Contractor shall be responsible for securing Commission permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any Commission permits, Contractor shall pay the Commission’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for Commission’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Commission of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Commission; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Commission shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Commission shall compensate Contractor for the costs of: (1) DRA F T 131 17336.00000\32452511.1 10 locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of Commission to provide for removal or relocation of such utility facilities. 3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify Commission against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling. 3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify Commission in writing and shall furnish all labor and material releases required by this Contract. Commission shall thereupon inspect the Work. If the Work is not acceptable to the Commission, the Commission shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the Commission. Once the Work is acceptable to Commission, Commission shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which Commission may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code. 3.10 Claims; Government Code Claim Compliance. 3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the Commission, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the Commission. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or DRA F T 132 17336.00000\32452511.1 11 after any other event giving rise to the Claim. The Claim shall be submitted in writing to the Commission and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. 3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format: 3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made 3.10.3.2 List of documents relating to claim: (A) Specifications (B) Drawings (C) Clarifications (Requests for Information) (D) Schedules (E) Other 3.10.3.3 Chronology of events and correspondence 3.10.3.4 Analysis of claim merit 3.10.3.5 Analysis of claim cost 3.10.3.6 Time impact analysis in CPM format 3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq. 3.10.4 Commission’s Response. Upon receipt of a claim pursuant to this Section, Commission shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. 3.10.4.1 If Commission needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the DRA F T 133 17336.00000\32452511.1 12 mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, Commission shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 3.10.4.2 Within 30 days of receipt of a claim, Commission may request in writing additional documentation supporting the claim or relating to defenses or claims Commission may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of Commission and the Contractor. 3.10.4.3 Commission’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 3.10.5 Meet and Confer. If the Contractor disputes Commission’s written response, or Commission fails to respond within the time prescribed, the Contractor may so notify Commission, in writing, either within 15 days of receipt of Commission’s response or within 15 days of Commission’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, Commission shall schedule a meet and confer conference within 30 days for settlement of the dispute. 3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, Commission shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after Commission issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with Commission and the Contractor sharing the associated costs equally. Commission and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. 3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 3.10.6.3 Unless otherwise agreed to by Commission and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. DRA F T 134 17336.00000\32452511.1 13 3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. 3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation. 3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section: 3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. 3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. 3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Commission. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the Commission. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. DRA F T 135 17336.00000\32452511.1 14 3.10.10 Non-Waiver. Commission’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. Commission’s failure to respond shall not waive Commission’s rights to any subsequent procedures for the resolution of disputed claims. 3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Commission. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Commission may terminate this Contract pursuant to Section 3.17.3; provided, however, that the Commission needs to provide Contractor with only one (1) day advanced written notice. 3.12 Indemnification. 3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Commission, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Commission or the Commission’s agents, servants, or independent contractors who are directly responsible to the Commission, or for defects in design furnished by those persons. 3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of Commission’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against Commission or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Commission or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse Commission for the cost of any settlement paid by Commission or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Commission's attorney's fees and costs, including expert witness fees. Contractor shall reimburse Commission and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Commission, its officials, employees, agents and authorized volunteers. 3.13 Insurance. DRA F T 136 17336.00000\32452511.1 15 3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Commission that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the Commission to terminate this Contract for cause. 3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage: 3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract. 3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract. 3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the Commission to add the following provisions to the insurance policies: 3.13.3.1 General Liability. (1) Such policy shall give the Commission, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Commission, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its officials, DRA F T 137 17336.00000\32452511.1 16 employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it. 3.13.3.2 Automobile Liability. (1) Such policy shall give the Commission, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Commission, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. 3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Commission, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. 3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Commission; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Commission, its officials, employees, agents and authorized volunteers. 3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Commission, its officials, employees, agents and authorized volunteers. 3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Commission. Contractor 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 officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the Commission guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the Commission. Exception may be made for the State Compensation Insurance Fund when not specifically rated. 3.13.7 Verification of Coverage. Contractor shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Contract 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, and shall be on forms supplied or approved by the Commission. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission DRA F T 138 17336.00000\32452511.1 17 reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the Commission, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the Commission in writing. 3.13.9 Reporting of Claims. Contractor shall report to the Commission, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract. 3.14 Bond Requirements. 3.14.1 Payment Bond. If required by law or otherwise specifically requested by Commission in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Commission concurrently with this Contract a Payment Bond in an amount required by the Commission and in a form provided or approved by the Commission. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Commission. 3.14.2 Performance Bond. If specifically requested by Commission in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Commission concurrently with this Contract a Performance Bond in an amount required by the Commission and in a form provided or approved by the Commission. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Commission. 3.14.3 Bond Provisions. Should, in Commission’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from Commission. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Commission, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Commission. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Commission, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Commission. If Contractor fails to furnish any required bond, the Commission may terminate the Contract for cause. 3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Commission. 3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any DRA F T 139 17336.00000\32452511.1 18 defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Commission of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Commission in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Commission may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Commission, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Commission by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Commission. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Commission, the Commission shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the Commission for any expenses incurred hereunder upon demand. 3.16 Employee/Labor Certifications. 3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract. 3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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. 3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. DRA F T 140 17336.00000\32452511.1 19 3.17 General Provisions. 3.17.1 Commission’s Representative. The Commission hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“Commission’s Representative”). Commission’s Representative shall have the power to act on behalf of the Commission for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the Commission’s Representative or his or her designee. 3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the Commission (“′Contractor’s Representative”). Following approval by the Commission, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Commission, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Commission, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Commission’s written approval. 3.17.3 Termination. This Contract may be terminated by Commission at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Commission for any reason other than the fault of Contractor, Commission shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, Commission may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Commission’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Commission may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, Commission may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. 3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Commission, the matter shall be referred to Commission’s Representative, whose decision shall be binding upon Contractor. 3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Commission all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be DRA F T 141 17336.00000\32452511.1 20 made and become effective at the time the Commission tender final payment to Contractor, without further acknowledgment by the Parties. 3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: CONTRACTOR: COMMISSION: International Line Builders, Inc. Riverside County Dba ILB Electric Transportation Commission 3955 Temescal Canyon Road 4080 Lemon Street, 3rd Floor Corona, CA 92883 Riverside, CA 92501 Attn: Curt Rusick Attn: Executive Director Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.17.7 Time of Essence. Time is of the essence in the performance of this Contract. 3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Commission. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Commission may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 3.17.13 [Reserved] DRA F T 142 17336.00000\32452511.1 21 3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Commission shall have the right to terminate this Contract without liability. 3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Commission shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of Commission, during the term of his or her service with Commission, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the Commission’s Filing Officer as required under state law in the performance of the Work. 3.17.16 Certification of License. 3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature. 3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. 3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. 3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 3.17.20 Commission’s Right to Employ Other Contractors. Commission reserves right to employ other contractors in connection with this Project or other projects. DRA F T 143 17336.00000\32452511.1 22 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND INTERNATIONAL LINE BUILDERS, INC. DBA ILB ELECTRIC IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***]. RIVERSIDE COUNTY INTERNATIONAL LINE BUILDERS, INC. TRANSPORTATION COMMISSION By: By: Anne Mayer Executive Director Its: Printed Name: APPROVED AS TO FORM: By: General Counsel DRA F T 144 17336.00000\32452511.1 23 EXHIBIT “A” SCOPE OF WORK / SCHEDULE SCOPE OF WORK Introduction Riverside County Transportation Commission (RCTC) is seeking bids to install high mast poles along the 91 and 15 corridors. The high mast poles shall provide the capability to mount vehicle detection sensors that will detect traffic density on the Riverside Express Lanes. The installation shall include the high mast poles, foundation for the high mast poles, conduit, and pull boxes for communication and electrical in accordance with 2018 Caltrans Plans and Specifications as further described below and on the project plans. Description of Work Permits: The work shall also be performed in accordance with the following Permits: Caltrans Encroachment Permits from District 8 RCTC will obtain the Parent Encroachment Permit and will provide it to the Contractor upon issuance. The Contractor will need to obtain a Dual Encroachment Permit from the State of California Department of Transportation prior to the start of the NTP 1 work in compliance with the contract documents. The Contractor shall be fully responsible for identifying and obtaining, at his own expense, all licenses and permits required in connection with the prosecution of the Work. If RCTC proceeds with the issuance of NTP 2, the Contractor will also need to obtain a separate Dual Encroachment Permit from the State of California Department of Transportation for that specific scope of work. Site preparation: Contractor will be responsible for any excavation, grading, SWPPP measures and other site work necessary to prepare the site locations for the installations. Contractor shall document the existing condition of the sites and submit to RCTC for record. Foundations, Conduit, and Pull Boxes for High Mast ITS Poles: Contractor will be responsible for all labor, equipment, materials and incidentals necessary to perform the work. The work under these items shall include constructing new concrete foundations for high mast poles in accordance with the 2018 Caltrans Plans, Electrical Systems – Closed Circuit Television Pole and Foundation Details, Plan ES-16C. A communications pull box shall be installed at each pole location (as noted on plan) unless there is an existing pull box that can be used. Communications pull box shall be provided by the Contractor. Contractor shall install new conduit between the new foundation (or planned mounting location), new pull box at pole location, and the existing pull box where DRA F T 145 17336.00000\32452511.1 24 poles and planned equipment will tie into the RCTC toll equipment system, as indicated on plans. Contractor shall furnish and install pull rope from the existing pull box to new pole foundation, including at least 75 feet of slack at top of foundation. MVDS cabling and equipment will be installed by others. Contractor shall investigate existing utility locations and protect them in-place. If a utility conflict exists, Contractor shall notify RCTC and propose an alternate location that avoids existing utilities. At Site Location 3, RCTC is considering an option to install MVDS equipment directly to the Maple St. Bridge (Plan Sheet E-3) in lieu of a pole mounted design. Due to the separate review/approvals necessary from Caltrans for this bridge mounted design, an alternate pole mounted design has also been developed (Plan Sheet E-3A) should approvals not be obtained from Caltrans. RCTC will provide direction to the contractor on which option is to be installed. Installation of High Mast ITS Poles: Contractor will be responsible for all labor, equipment, materials and incidentals necessary to perform the work. The work under these items shall include installing seven high mast poles, at the locations shown on the contract plans. Contractor shall furnish and install a pole number on all poles at the direction of the Engineer. Contractor shall determine Global Positioning System (GPS) coordinates for every installed high mast pole and provide coordinates to RCTC. Maintenance of Traffic: Contractor will be responsible for providing their own traffic control as necessary to perform the work. Work shall also include preparation of required Traffic Control plans and obtaining any required permits or licenses (e.g., Caltrans Encroachment rider, etc.). Lane closures within Caltrans Right-of-way are not permitted during daytime hours. Due to the limited access at the various site locations, contractor may need to perform work during nighttime hours. Closure of the Express Lanes may also be required to perform the work. Restoration of Sites: Contractor will be responsible for the removal and disposal of excess spoils and materials. At the completion of the work, the sites shall be cleaned up and restored to their original condition. Contractor Deliverables 1. All submittals, mix designs, shop drawings, as required by Caltrans Specifications. o Engineering design and calculations: This will typically include detailed drawings and specifications for the high mast pole, as well as calculations to ensure that the pole is able to withstand wind loads and other forces. 2. Preconstruction/Existing Conditions Documentation 3. Project Schedule DRA F T 146 17336.00000\32452511.1 25 4. Traffic Control Plans 60’ High Mast Pole Pole Data Base Plate Data CIDH Pile Data Height Min OD Bottom Thickness Upper Thickness Diameter Thickness Anchor Bolt Size Bolt Circle Dia. Len Base Top Tot. Dia. 60’ 18” 9.5” 0.3125” 0.1875” 32” 2” 12 2.25” 25” 3’-6” 13’- 0” SCHEDULE Issuance of LNTP April 2023 (Anticipated) Issuance of NTP 1 June 2023 (Anticipated) Issuance of NTP 2 (at RCTC’s discretion) August 2023 (Anticipated) Completion of all Work LNTP + 120 Working Days DRA F T 147 - 26 - 17336.00000\32452511.1 EXHIBIT “B” ITS POLE PLANS (UNDER SEPARATE COVER) DRA F T 148 - 27 - 17336.00000\32452511.1 EXHIBIT “C” SPECIAL CONDITIONS ARTICLE 1. BONDS Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the Commission four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Commission and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of Commission, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Commission. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. ARTICLE 2. INCORPORATION OF CERTAIN CALTRANS STANDARD SPECIFICATIONS DIVISION 1 REQUIREMENTS Section 7-1.02M, Public Resources Code, through Section 7-1.04, Public Safety, of the 2018 Caltrans Standard Specifications shall apply to this Contract. ARTICLE 3. UMBRELLA/EXCESS LIABILITY POLICY REQUIREMENT In addition to the insurance obligations set forth in the Contract, Contractor shall provide an umbrella or excess liability policy with a minimum limit of Five Million Dollars ($5,000,000). The umbrella or excess policy must contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. The required umbrella liability limits are separate from and in addition to the required general liability limits. The umbrella or excess policies shall not contain exclusions barring follow-form coverage for required coverages in this specification. DRA F T 149 - 28 - 17336.00000\32452511.1 EXHIBIT “D” CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. INTERNATIONAL LINE BUILDERS, INC. By: _________________________ Signature _________________________ Name (Print) _________________________ Title (Print) DRA F T 150 - 29 - 17336.00000\32452511.1 EXHIBIT “E” PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1 Name of Contractor: DIR Registration Number: DIR Registration Expiration:_________________________ Small Project Exemption: _____ Yes or _____ No Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges: • Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Contractor Signature Name and Title Dated 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” DRA F T 151 - 30 - 17336.00000\32452511.1 EXHIBIT “F” PAYMENT AND PERFORMANCE BONDS DRA F T 152 - 31 - 17336.00000\32452511.1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the Riverside County Transportation Commission (hereinafter referred to as “Commission”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Commission in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Commission, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Commission, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Commission from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Commission’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the Commission to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Commission’s option: DRA F T 153 - 32 - 17336.00000\32452511.1 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Commission, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Commission under the Contract and any modification thereto, less any amount previously paid by the Commission to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the Commission to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Commission under the Contract and any modification thereto, less any amount previously paid by the Commission to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Commission may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Commission, when declaring the Contractor in default, notifies Surety of the Commission’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__). (Corporate Seal) Contractor/ Principal By Title DRA F T 154 - 33 - 17336.00000\32452511.1 (Corporate Seal) Surety By Attorney-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of process in California, if different ___________________________________________ from above) ___________________________________________ (Telephone number of Surety and ___________________________________________ Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. DRA F T 155 - 34 - 17336.00000\32452511.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above DRA F T 156 - 35 - 17336.00000\32452511.1 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the Riverside County Transportation Commission (hereinafter designated as the “Commission”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows: _____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the Commission in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or DRA F T 157 - 36 - 17336.00000\32452511.1 subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Commission and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. DRA F T 158 - 37 - 17336.00000\32452511.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above DRA F T 159 INTELLIGENT TRANSPORTATION SYSTEMS PROJECT Toll Policy and Operations Committee Meeting April 12, 2023 Andrew Hedy / Toll Systems Engineer 1 Traffic Monitoring Devices 2 •Collect traffic data within the express lanes •Provides express lanes density based on speed, volumes and capacity •Required at locations throughout the 91 Express Lanes •Required at 1 location on the 15 Express Lanes Pole Locations 3 •15 Express Lanes experience and lessons learned •Traffic Monitoring Devices require uninterrupted stream of data •State Route 91 requires six 60-foot poles Traffic Device Locations 4 New ITS Pole Locations ELC Deployed Traffic Detection 5 •One additional device in the southbound final segment •Improve dynamic pricing in that segment 15 Express Lanes Procurement 6 •Invitation for Bids was advertised on February 8, 2023. •A pre-bid conference was held on February 15, 2023. •Final bid submission was March 16, 2023, at 2pm. Firm (In order from low bid to high bid) Bid Amount Engineers Estimate $ 410,436 1 International Line Builders, Inc.$ 399,835 2 Elecnor Belco Electric, Inc.$ 509,000 3 Servitek Electric, Inc.$ 620,856 4 Crosstown Electrical & Data, Inc.$ 799,963 5 High -Light Electric Inc.$ 807,787 Staff Recommendations 7 1.Award Agreement No.23-31-049-00 to International Line Builders,Inc.for the Express Lanes Intelligent Transportation Systems Poles Project in the amount of $399,835,plus a contingency amount of $60,000,for a total amount not to exceed $459,835. 2.Authorize the Chair or Executive Director,pursuant to legal counsel review,to execute the agreement on behalf of the Commission;and 3.Forward to the Commission for final action. 8 Thank You! Questions AGENDA ITEM 9 Agenda Item 9 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 12, 2023 TO: Toll Policy and Operations Committee FROM: Reinland Jones, Toll Technology Manager THROUGH: Jennifer Crosson, Toll Operations Director SUBJECT: Express Lanes Channelizer Agreement STAFF RECOMMENDATION: This item is for the Committee to recommend the Commission take the following action(s): 1) Award Agreement No. 23-31-053-00 to Statewide Traffic Safety and Signs for channelizers for the express lanes for a one-year term in the amount of $215,173, plus a contingency amount of $32,276, for a total amount not to exceed $247,449; 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 execute purchase orders to the vendor under the terms of the agreement. BACKGROUND INFORMATION: The Commission maintains the 91 Express Lanes and 15 Express Lanes which includes the channelizers that provide a barrier between the general-purpose lanes and the express lanes. The channelizers reduce the opportunity for vehicles to enter or exit the express lanes in areas where they are not permitted and thus reduces the opportunity for evasion of the toll and disruption to the flow of traffic in both the express lanes and general-purpose lanes. Damaged or missing channelizers are replaced by Caltrans while performing routine maintenance of the express lanes. Caltrans replaces, on average, 6,500 channelizers each year while performing routine maintenance of the express lanes. The Commission currently has a three-month supply of channelizer inventory. The Commission is currently purchasing channelizers through an agreement with Statewide Traffic Safety and Signs (Statewide) which expires April 18, 2023, a new channelizer purchase agreement is required. Statewide was awarded the current contract in response to a competitive low bid in 2022. The Commission has used various types of channelizers over the course of the express lanes’ operation. Both staff and Caltrans have evaluated the durability and safety of the currently used UR channelizers and determined that the UR channelizer is durable and is an approved Caltrans material. 160 Agenda Item 9 Procurement Process IFB No. 23-31-053-00 for 6,500 UR channelizers was released by staff on February 23, 2023. The Commission received three bids. With each IFB issued, a public notice was advertised in the Press Enterprise and the IFB was posted on the Commission’s PlanetBids website, which is accessible through the Commission’s website. Utilizing PlanetBids, emails were sent to 210 firms. Three vendors submitted electronic bids. The Commission received three bids: Statewide, located in Riverside, California; Synergy Traffic Control, Inc. located in Gardena, California; and Technology International, Inc. located in Lake Mary, Florida. The cost summary of each bid is shown in Table 1. The unit price for the channelizer includes the cost of the channelizer, the base of the channelizer, and sales tax. The per unit cost for a UR channelizer with the lowest bidder, Statewide, is nine cents more expensive than the current contract with Statewide. Statewide is a reputable provider of channelizers and has been providing the Commission with channelizers reliably. Table 1 −Bids Proposer Name Total Bid Price Per Unit Price 1 Statewide Safety Systems $215,172.75 $33.10 2 Synergy Traffic Control $293,565.19 $45.16 3 Technology International $318,871.31 $49.06 RECOMMENDATION: The channelizers are an integral part of maintaining the safety and integrity of the express lanes toll systems and traffic operations; therefore, staff recommends award of Agreement No. 23-31-053-00 to Statewide Traffic Safety and Signs for channelizers for the 91 Express Lanes and 15 Express Lanes for a one-year term in the amount of $215,173, plus a contingency amount of $32,276, for a total amount not to exceed $247,449. FISCAL IMPACT: The Fiscal Year 2022/23 and FY 2023/24 budget includes the required amount for channelizer purchases. The funding source is both I-15 and SR-91 toll revenue. 161 Agenda Item 9 Financial Information In Fiscal Year Budget: Yes Year: FY 2022/23 FY 2023/24 Amount: $50,000 $197,449 Source of Funds: Toll Revenues Budget Adjustment: N/A GL/Project Accounting No.: 009199 73305 00000 0000 591 31 73301 $148,469 001599 73305 00000 0000 515 31 73301 $98,980 Fiscal Procedures Approved: Date: 03/30/2023 Attachment: Draft Agreement No. 23-31-053-00 with Statewide Traffic Safety and Signs 162 17336.02126\41094138.1 Agreement No. _____________ RIVERSIDE COUNTY TRANSPORTATION COMMISSION EQUIPMENT PURCHASE AGREEMENT FOR CHANNELIZERS WITH STATEWIDE TRAFFIC SAFETY AND SIGNS, INC. This Equipment Purchase Agreement (“Agreement”) is entered into this _____ day of __________, 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”), and STATEWIDE TRAFFIC SAFETY AND SIGNS, INC., a Delaware Corporation (“Contractor”). Commission and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS. A. “Equipment” means all equipment, items, parts, materials, labor or other services, including design, and engineering services, provided by Contractor as specified in Exhibit “A,” attached hereto and incorporated herein by reference. B. “Delivery Date(s)” means that date or dates upon which the Equipment is to be delivered to Commission, ready for approval, testing and/or use as specified in Exhibit “B.” C. “Purchase Order” means an order issued by Commission, which shall be subject to and fulfilled by Contractor in accordance with all terms and conditions of this Agreement. Section 2. TERM. The term of this Agreement shall be one (1) year, commencing on the date first set forth above. Section 3. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without Commission’s written approval. Machinery, equipment or material installed in the Equipment without the approval required by this Section 3 will be deemed to be defective material for purposes of Section 5. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, Commission will decide the question of equality. When requested by Commission, Contractor will furnish Commission with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Equipment. Material samples will be submitted at Commission’s request. 163 17336.02126\41094138.1 2 Section 4. INSPECTIONS AND TESTS. Commission shall have the right to inspect and/or test the Equipment prior to acceptance. If upon inspection or testing the Equipment or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, Commission may reject the Equipment or exercise any of its rights under Section 5.B. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair Commission’s right to reject nonconforming goods, irrespective of Commission’s failure to notify Contractor of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. Section 5. WARRANTY. A. Contractor warrants that the Equipment will be of merchantable quality and free from defects in design, engineering, material and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Contractor and Commission, from the date of acceptance of the Equipment by Commission. Contractor further warrants that any services provided in connection with the Equipment will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. The warranty shall not apply to Equipment damaged by drivers. B. For any breach of the warranties contained in Section 5.A, Contractor will, immediately after receiving notice from Commission, at the option of Commission, and at Contractor’s own expense and without cost to Commission: 1. Replace the defective Equipment with conforming Equipment, F.O.B. Commission’s plant, office or other location of Commission where the Equipment was originally performed or delivered; or 2. Repay to Commission the purchase price of the defective Equipment. If Commission selects replacement, any defects will be remedied without cost to Commission, including but not limited to, the costs of removal, and replacement of the defective Equipment, and reinstallation of new Equipment. All such defective Equipment that is so remedied will be similarly warranted as stated above. C. Contractor also warrants that the Equipment is free and clear of all liens and encumbrances whatsoever, that Contractor has a good and marketable title to same, and that Contractor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Equipment. Contractor agrees to indemnify, defend and hold Commission harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties. D. In the event of a breach by Contractor of its obligations under this Section 5, 164 17336.02126\41094138.1 3 Commission will not be limited to the remedies set forth in this Section 5, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to Commission under the California Commercial Code. Section 6. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of Commission. No extra charges of any kind will be allowed unless specifically agreed to in writing by Commission’s authorized representative. The prices specified in Exhibit “C” include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Equipment; and (ii) all charges for packing, freight and transportation to destination. The total amount payable by Commission for all Purchase Orders under this Agreement shall not exceed a cumulative maximum total value of Two Hundred Fifteen Thousand One Hundred Seventy Two Dollars and Seventy Five Cents ($215,172.75). It is understood and agreed that there is no guarantee, either expressed or implied that Purchase Orders in this dollar amount will be authorized under this Agreement. The total amount payable per Purchase Order shall be as set forth in the relevant Purchase Order. Section 7. CHANGES. Commission, at any time, by a written order, may make changes in the Equipment, including but not limited to, Commission’s requirements and specifications. If such changes affect the cost of the Equipment or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between Commission and Contractor and such change will be authorized by a change order document signed by Commission and accepted by Contractor. Section 8. PAYMENTS. A. Terms of payment for each Purchase Order, are net thirty (30) days, less any applicable credits, or after receipt of invoice. Contractor shall invoice in accordance to the delivery schedule but not more frequently than each billing period. Final payment shall be made by Commission after Contractor has satisfied all contractual requirements for a Purchase Order. Payment of invoices shall not constitute acceptance of Devices. B. No Equipment shall be delivered, and no payment made by Commission therefor, unless authorized by a Purchase Order. All Purchase Orders shall be subject to and fulfilled by Contractor in accordance with all terms and conditions of this Agreement. C. Payments otherwise due may be withheld by Commission on account of defective Equipment not timely replaced in accordance with the warranty 165 17336.02126\41094138.1 4 provisions, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Contractor to make payments properly to its subcontractors or for material or labor, the failure of Contractor to perform any of its other obligations under the Agreement, or to protect Commission against any liability arising out of Contractor’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, Commission may remove them at Contractor’s expense. Section 9. SCHEDULE FOR DELIVERY. A. The time of Contractor’s performance is of the essence for this Agreement. The Equipment will be delivered in accordance with the schedule set forth in Exhibit “B.” Contractor must immediately notify Commission in writing any time delivery is behind schedule or may not be completed on schedule. B. In the event that the Equipment is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Contractor will fully cooperate in scheduling the delivery so that Commission can maximize the efficient completion of such project(s). Section 10. TAXES. A. Contractor agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Equipment provided under this Agreement. B. Contractor will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Contractor will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Equipment provided hereunder, will be the responsibility of Contractor. In addition, all taxes assessed by any taxing jurisdiction based on Contractor property used or consumed in the provision of the Equipment such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Contractor. D. Contractor will, upon written request, submit to Commission written evidence of any filings or payments of all taxes required to be paid by Contractor hereunder. 166 17336.02126\41094138.1 5 Section 11. INDEPENDENT CONTRACTOR. Contractor enters into this Agreement as an independent contractor and not as an employee of Commission. Contractor shall have no power or authority by this Agreement to bind Commission in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of Commission. Commission shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 12. SUBCONTRACTS. Unless otherwise specified, Contractor must obtain Commission’s written permission before subcontracting any portion of the Equipment. Except for the insurance requirements in Section 15.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Equipment, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Contractor from its obligations to Commission, including, but not limited to Contractor’s insurance and indemnification obligations. No subcontract or order will bind Commission. Section 13. TITLE AND RISK OF LOSS. Unless otherwise agreed, Commission will have title to, and risk of loss of, all completed and partially completed portions of the Equipment upon delivery, as well as materials delivered to and stored on Commission property which are intended to become a part of the Equipment. However, Contractor will be liable for any loss or damage to the Equipment and/or the materials caused by Contractor or its subcontractors, their agents or employees, and Contractor will replace or repair said Equipment or materials at its own cost to the complete satisfaction of Commission. Notwithstanding the foregoing, in the event that the Commission has paid Contractor for all or a portion of the Equipment which remains in the possession of Contractor, then Commission shall have title to, and the right to take possession of, such Equipment at any time following payment therefor. Risk of loss for any Equipment which remains in the possession of Contractor shall remain with Contractor until such Equipment has been delivered or Commission has taken possession thereof. Contractor will have risk of loss or damage to Contractor’s property used in the construction of the Equipment but which does not become a part of the Equipment. 167 17336.02126\41094138.1 6 Section 14. INDEMNIFICATION. A. Contractor shall defend, indemnify and hold the Commission, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Equipment or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the Commission. B. Contractor’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Commission, its officials, officers, employees, agents or volunteers shall be at Contractor’s own cost, expense and risk. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Commission or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse Commission and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Commission, its officials, officers, employees, agents or volunteers. Section 15. INSURANCE. A. General. Contractor shall take out and maintain: 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Contractor if transporting hazardous materials. 168 17336.02126\41094138.1 7 5. If Contractor is also the manufacturer of any equipment included in the Equipment, Contractor shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give Commission, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Contractor’s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the Commission or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the Commission, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. 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. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section 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. D. Evidence of Insurance. Contractor shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the Commission. All certificates and endorsements must be received and approved by the Commission before delivery commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Contractor shall ensure that third party shippers contracted by Contractor have adequate insurance coverage for the shipped Equipment. Section 16. LIENS. A. Contractor, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Equipment, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in 169 17336.02126\41094138.1 8 any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Contractor, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Contractor, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Contractor will save and hold Commission harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Contractor will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 17. TERMINATION OF AGREEMENT OR PURCHASE ORDER BY COMMISSION. A. Should Contractor at any time refuse or fail to deliver the Equipment with promptness and diligence, or to perform any of its other obligations under this Agreement or any Purchase Order, Commission may terminate Contractor’s right to proceed with the delivery of the Equipment by written notice to Contractor. In such event Commission may obtain the Equipment by whatever method it may deem expedient, including the hiring of another Contractor or other contractors. In such case Contractor will not be entitled to receive any further payments, other than for Equipment delivered and accepted prior to termination.. If Commission’s cost of obtaining the Equipment, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the relevant Purchase Order, Contractor will be liable for and will pay the difference to Commission. B. Commission may, for its own convenience, terminate this Agreement at any time, provided that no Purchase Order is outstanding at the time of such termination. Such termination will be effective in the manner specified in such notice. C. Termination of this Agreement for convenience or cause shall be without prejudice to any claims which Commission may have against Contractor. Section 18. MISCELLANEOUS PROVISIONS. A. 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: 170 17336.02126\41094138.1 9 COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Attn: Executive Director CONTRACTOR: Statewide Traffic Safety and Signs, Inc. [Address] Attn: [Name] 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. B.Assignment or Transfer. Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the Commission, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Contractor from the Commission under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the Commission. C.Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D.Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E.Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. F.Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. G. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. H.No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. I.Authority to Enter 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. 171 17336.02126\41094138.1 10 J.Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. K.Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. L.Commission’s Right to Employ Other Contractors. Commission reserves its right to employ other contractors in connection with the Equipment. M.Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Equipment specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. N.Piggybacking. The Orange County Transportation Authority (“OCTA”) shall have the right, in its discretion, to utilize this Agreement for its own purchases during the term hereof, and Contractor has agreed to extend the terms of this Agreement to OCTA. This provision in no way commits OCTA to make any purchase under this Agreement. Any purchases made by OCTA pursuant to the terms of this Agreement shall be transactions between OCTA and Contractor, and Commission shall have no responsibility or liability whatsoever for any such purchases. O.Conflicting Provisions. In the event of any conflict between the terms of this Agreement and any exhibit or attachment hereto, the terms of this Agreement shall govern. P.Electronically Submitted Signatures; Electronic Signatures. 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. This Agreement may be signed using an electronic signature. [SIGNATURES ON FOLLOWING PAGE] 172 17336.02126\41094138.1 11 SIGNATURE PAGE FOR EQUIPMENT PURCHASE AGREEMENT BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND [_________________] AGREEMENT NO. ___________ IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: ____________________________ Anne Mayer, Executive Director STATEWIDE TRAFFIC SAFETY AND SIGNS, INC. By: ____________________________ Its: ____________________________ APPROVED AS TO FORM: By: _____________________ Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 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. 173 17336.02126\41094138.1 12 EXHIBIT “A” EQUIPMENT SPECIFICATIONS 8FG336WHTUR350 – FG300 36” Length White UR (Urethane) Post with 1ea. 3”x12” Strip of AR 1000 White Vertically Placed with an 800BASE100 – FG300 Black Base. 174 17336.02126\41094138.1 Agreement No. _____________ EXHIBIT “B” DELIVERY SCHEDULE DELIVERY: Equipment shall be delivered to Corona, CA 92879. [Additional details to be inserted from Bid Documents] 175 17336.02126\41094138.1 14 Exhibit “C” FEE SCHEDULE NAME OF CONTRACTOR: By executing this Agreement, the Contractor certifies and agrees that it has read and examined the Equipment Purchase Agreement documents, including all specifications and all exhibits for the following: The purchase and delivery of the __________________ as set forth in Exhibit “A” and “B.” The Contractor agrees to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required under the Agreement for the following TOTAL PRICE: [FEE SCHEDULE FROM BID DOCUMENTS TO BE INSERTED] 176 AGENDA ITEM 10 Agenda Item 10 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 12, 2023 TO: Toll Policy and Operations Committee FROM: Lisa Mobley, Administrative Services Director/Clerk of the Board THROUGH: Aaron Hake, Deputy Executive Director SUBJECT: Election of Officers STAFF RECOMMENDATION: This item is for the Toll Policy and Operations Committee to conduct an election of officers for 2023 – Chair and Vice Chair. BACKGROUND INFORMATION: At its April 11, 2018 Executive Committee meeting, the Executive Committee approved the formation of a standing Toll Policy and Operations Committee. Subject to supervision by the Commission, the jurisdiction of the Toll Policy and Operations Committee shall be as follows: policies involving the Commission’s toll facilities, setting tolls or rates, considering contracts with vendors working on the toll program, statewide and federal legislative issues regarding tolling, outreach and marketing of the toll facilities, interactions with neighboring jurisdictions regarding toll matters, user-based funding programs and future opportunities for toll facility development in Riverside County. This committee meets on an as needed basis. Membership shall be comprised of up 11 regular members of the Commission selected by the Chair. The election of officers for the full Commission and its Committees are held on an annual basis. Commissioners Ben Benoit was elected as Chair and Michael Vargas was elected as Vice Chair as the Toll Policy and Operations Committee’s officers in February 2022. Once the election has been conducted, the new Chair and Vice Chair will immediately be seated in their new positions. Past Chair of the Toll Policy and Operations Committee are as follows: 2019 – Brian Berkson, City of Jurupa Valley 2020 – Brian Berkson, City of Jurupa Valley 2021 – Lloyd White, City of Beaumont 2022 – Ben Benoit, City of Wildomar 177 RIVERSIDE COUNTY TRANSPORTATION COMMISSION TOLL POLICY AND OPERATIONS COMMITTEE ROLL CALL APRIL 12, 2023 Present Absent City of Canyon Lake X  City of Eastvale X  City of Indian Wells  X City of Jurupa Valley  X City of Perris X  RIVERSIDE COUNTY TRANSPORTATION COMMISSION TOLL POLICY AND OPERATIONS COMMITTEE COMMISSIONER SIGN -IN SHEET APRIL 12, 2023 NAME AGENCY E_MAIL ADDRESS _X e :V-7CAr- t.... AKA �7O