HomeMy Public PortalAbout05 May 10, 2023 CommissionComments are welcomed by the Commission. If you wish to provide comments to the Commission,
please complete and submit a Speaker Card to the Clerk of the Board.
MEETING AGENDA
TIME/DATE: 9:30 a.m. / Wednesday, May 10, 2023
LOCATION: PARKVIEW OFFICE COMPLEX
73-710 Fred Waring Drive
Conference Room 119
Palm Desert, CA 92260
COMMISSIONERS
Chair – Bob Magee
Vice Chair – Lloyd White
Second Vice Chair – Karen Spiegel
Kevin Jeffries, County of Riverside, District 1
Karen Spiegel, County of Riverside, District 2
Chuck Washington, County of Riverside, District 3
V. Manuel Perez, County of Riverside, District 4
Yxstian Gutierrez, County of Riverside, District 5
Sheri Flynn / Rick Minjares, City of Banning
Lloyd White / Julio Martinez, City of Beaumont
Joseph DeConinck / Johnny Rodriguez, City of Blythe
Linda Molina / Wendy Hewitt, City of Calimesa
Jeremy Smith / Jennifer Dain, City of Canyon Lake
Raymond Gregory / Mark Carnevale, City of Cathedral City
Steven Hernandez / Stephanie Virgen, City of Coachella
Wes Speake / Jim Steiner, City of Corona
Scott Matas / Russell Betts, City of Desert Hot Springs
Clint Lorimore / Todd Rigby, City of Eastvale
Linda Krupa / Malcolm Lilienthal, City of Hemet
Dana Reed / Ty Peabody, City of Indian Wells
Waymond Fermon / Oscar Ortiz, City of Indio
Brian Berkson / Armando Carmona, City of Jurupa Valley
Kathleen Fitzpatrick / Deborah McGarrey, City of La Quinta
Bob Magee / Natasha Johnson, City of Lake Elsinore
Bill Zimmerman / Dean Deines, City of Menifee
Ulises Cabrera / Edward Delgado, City of Moreno Valley
Cindy Warren / Ron Holliday, City of Murrieta
Berwin Hanna / Katherine Aleman, City of Norco
Jan Harnik / Kathleen Kelly, City of Palm Desert
Lisa Middleton / To Be Appointed, City of Palm Springs
Michael M. Vargas / Rita Rogers, City of Perris
Meg Marker / Lynn Mallotto, City of Rancho Mirage
Chuck Conder / Patricia Lock Dawson, City of Riverside
Alonso Ledezma / Valerie Vandever, City of San Jacinto
James Stewart / Jessica Alexander, City of Temecula
Joseph Morabito / Ashlee DePhillippo, City of Wildomar
Catalino Pining, Governor’s Appointee Caltrans District 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.org
MEETING AGENDA*
*Actions may be taken on any item listed on the agenda
9:30 a.m.
Wednesday, May 10, 2023
Parkview Office Complex
73-710 Fred Waring Drive
Conference Room 119
Palm Desert, CA 92260
This meeting is being conducted in person as well as via teleconference. Please visit
https://rivco.org/constituent-speaking-request to complete a speaker slip and receive further
instructions to participate via teleconference. For members of the public wishing to submit written
comments, please email comments to the Clerk of the Board at lmobley@rctc.org prior to May 9, 2023
and your comments will be made part of the official record of proceedings.
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to
the meeting, which are public records relating to open session agenda items, will be available for inspection by members
of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the
Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal Transit
Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is needed to participate
in a Commission meeting, including accessibility and translation services. Assistance is provided free of charge. Notification
of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements can be made to provide
assistance at the meeting.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes or less.
The Commission may, either at the direction of the Chair or by majority vote of the Commission, waive
this three-minute time limitation. Depending on the number of items on the Agenda and the number of
speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous
minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30)
minutes. Also, the Commission may terminate public comments if such comments become repetitious.
Speakers may not yield their time to others without the consent of the Chair. Any written documents to
be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy
applies to Public Comments and comments on Agenda Items.
Riverside County Transportation Commission Meeting Agenda
May 10, 2023
Page 2
Under the Brown Act, the Commission should not take action on or discuss matters raised during public
comment portion of the agenda that are not listed on the agenda. Commission members may refer such
matters to staff for factual information or to be placed on the subsequent agenda for consideration.
5. ADDITIONS / REVISIONS – The Commission may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to the
attention of the Commission subsequent to the posting of the agenda. An action adding an
item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the
Commission members present, adding an item to the agenda requires a unanimous vote. Added
items will be placed for discussion at the end of the agenda.
6. PUBLIC HEARING – PROPOSED BUDGET FOR FISCAL YEAR 2023/24
Page 1
Overview
This item is for the Commission to:
1) Discuss, review, and provide guidance on the proposed Fiscal Year 2023/24 Budget; and
2) Conduct a public hearing to receive input and comments on the proposed FY 2023/24
Budget on May 10 and June 14, 2023, and thereafter close the public hearing.
7. CONSENT CALENDAR – All matters on the Consent Calendar will be approved in a single motion
unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the
Consent Calendar will be placed for discussion at the end of the agenda.
7A. APPROVAL OF MINUTES – APRIL 12, 2023
Page 27
7B. SINGLE SIGNATURE AUTHORITY REPORT
Page 37
Overview
This item is for the Commission to:
1) Receive and file the Single Signature Authority report for the third quarter
ended March 31, 2023.
7C. MONTHLY INVESTMENT REPORT
Page 39
Overview
This item is for the Commission to:
1) Receive and file the Monthly Investment Report for the month ended
March 31, 2023.
Riverside County Transportation Commission Meeting Agenda
May 10, 2023
Page 3
7D. AGREEMENT FOR SALES TAX AUDIT AND REPORTING SERVICES
Page 42
Overview
This item is for the Commission to:
1) Approve Agreement No. 23-19-040-00 with MuniServices an Avenue Insights
and Analytics Company (MuniServices) to provide sales tax audit and reporting
services for a three-year term, and one two-year option to extend the
agreement in an amount not to exceed $110,000;
2) Adopt Resolution No. 23-002, “Authorization of the Riverside County
Transportation Commission to Examine Transactions and Use Tax Records”; and
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreement, on behalf of the Commission.
7E. 15 EXPRESS LANES MONTHLY STATUS REPORTS
Page 67
Overview
This item is for the Commission to:
1) Receive and file the 15 Express Lanes Monthly Reports for the three months
from October to December 2022.
7F. 91 EXPRESS LANES MONTHLY STATUS REPORTS
Page 95
Overview
This item is for the Commission to:
1) Receive and file the 91 Express Lanes Monthly Reports for the three months
from October to December 2022.
7G. 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 159
Overview
This item is for the Commission to:
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;
Riverside County Transportation Commission Meeting Agenda
May 10, 2023
Page 4
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.
7H. EXPRESS LANES INTELLIGENT TRANSPORTATION SYSTEMS POLES PROJECT
Page 181
Overview
This item is for the Commission to:
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.
7I. EXPRESS LANES CHANNELIZER AGREEMENT
Page 222
Overview
This item is for the Commission to:
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.
Riverside County Transportation Commission Meeting Agenda
May 10, 2023
Page 5
7J. AGREEMENT FOR COMPLETION OF PROJECT APPROVAL/ENVIRONMENTAL
DOCUMENT FOR THE STATE ROUTE 91 EASTBOUND CORRIDOR OPERATIONS
PROJECT
Page 239
Overview
This item is for the Commission to:
1) Award Agreement No. 23-31-041-00 with Parsons Transportation Group, Inc.
(Parsons) to provide project approval/environmental document (PA/ED) for the
State Route 91 Eastbound Corridor Operations Project (ECOP) in the amount of
$3,464,514, plus a contingency amount of $346,451, for a total amount not to
exceed $3,810,965;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review,
execute the agreement on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to approve contingency work up
to the total not to exceed amount as required for these services.
7K. AGREEMENT FOR ON-CALL RAILWAY FLAGGING SERVICES FOR THE RIVERSIDE
COUNTY TRANSPORTATION COMMISSION’S HIGHWAY AND EXPRESSWAY PROJECTS
ENCROACHING IN BURLINGTON NORTHERN SANTA FE
Page 312
Overview
This item is for the Commission to:
1) Award Agreement No. 23-31-061-00 to RailPros, Inc., to provide on-call Railway
Flagging Services for Riverside County Transportation Commission’s (RCTC)
current and future highway and/or expressway projects or activities of the
Commission within the right of way owned or operated by Burlington Northern
Santa Fe (BNSF), for a three-year term, and one, two-year option to extend the
agreement, in an amount not to exceed $2,400,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement and optional two-year term on behalf of the
Commission.
7L. AGREEMENT FOR ELEVATOR MAINTENANCE, INSPECTION AND REPAIR SERVICES
Page 335
Overview
This item is for the Commission to:
1) Approve Agreement No. 23-24-046-00 with Amtech Elevator Services to provide
elevator maintenance, inspection and repair services for a three-year term, and
one, two-year option to extend the agreement, in the amount of $400,000, plus
a contingency amount of $50,000, for a total amount not to exceed $450,000;
and
Riverside County Transportation Commission Meeting Agenda
May 10, 2023
Page 6
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreement, on behalf of the Commission.
8. APPROVAL OF VANCLUB VANPOOL PROGRAM SUBSIDY INCREASE AND AMENDMENTS TO
LEASING VENDOR AGREEMENTS
Page 359
Overview
1) Approve VanClub program vanpool subsidy increase from $400 a month per vanpool to
$600 a month per vanpool, effective July 1, 2023;
2) Approve Agreement No. 21-41-021-01, Amendment No. 1 to Agreement
No. 21-41-021-00 with Airport Van Rental (AVR Vanpool) to revise the monthly subsidy
amount to $600, effective July 1, 2023, with no change to the term or agreement
amount;
3) Approve Agreement No. 18-41-038-02, Amendment No. 2 to Agreement
No. 18-41-038-00 with California Vanpool Authority (CalVans) to revise the monthly
subsidy amount to $600, effective July 1, 2023, with no change to the term or agreement
amount;
4) Approve Agreement No. 18-45-063-04, Amendment No. 4 to Agreement
No. 18-45-063-00 with Commute with Enterprise (Enterprise) to revise the monthly
subsidy amount to $600, effective July 1, 2023, with no change to the term or agreement
amount; and
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission.
9. STATE AND FEDERAL LEGISLATIVE UPDATE
Page 373
Overview
1) Receive and file a state and federal legislative update.
10. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA
11. EXECUTIVE DIRECTOR REPORT
12. COMMISSIONER COMMENTS
Overview
This item provides the opportunity for brief announcements or comments on items or matters
of general interest.
13. CLOSED SESSION
13A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION
Pursuant to Government Code Section 54956.9 (d)(1)
Case No(s). CVRI2101970
Riverside County Transportation Commission Meeting Agenda
May 10, 2023
Page 7
14. ADJOURNMENT
The next Commission meeting is scheduled to be held at 9:30 a.m. on Wednesday,
June 14, 2023.
AGENDA ITEM 6
PUBLIC HEARING
Agenda Item 6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM: Budget and Implementation Committee
Sergio Vidal, Chief Financial Officer
THROUGH: Anne Mayer, Executive Director
SUBJECT: Proposed Budget for Fiscal Year 2023/24
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for Commission to:
1)Discuss, review, and provide guidance on the proposed Fiscal Year 2023/24 Budget; and
2)Conduct a public hearing to receive input and comments on the proposed FY 2023/24
Budget on May 10 and June 14, 2023, and thereafter close the public hearing.
BACKGROUND INFORMATION:
Staff completed the initial budget preparation process culminating with the attached executive
summary for the proposed FY 2023/24 Budget. The policy goals and objectives approved by the
Commission on March 8 formulate the basis for the upcoming FY 2023/24 budget. The long-
term policy goals that support the Commission’s objectives considered during the preparation
of the budget relates to promoting quality of life; achieving operations excellence; connecting
the economy; being a responsible partner; and maintaining fiscal accountability.
The Commission’s budget is primarily project-driven and includes service-driven enterprise
operations such as the Interstate 15 and State Route 91 Express Lanes. As a project driven-
agency, the Commission accumulates funds, or reserves, for specific projects and programs –
resulting in flexibility to adjust project development or programs in the event of an economic
downturn.
The proposed FY 2023/24 Budget (Attachment 1, Tables 18 anticipates that total uses will
exceed sources by approximately $160 million. Similar to prior years, accumulated reserves will
fund the deficiency, largely related to the use of fund balance for the following projects:
Regional Arterial call for projects funded by both Transportation Uniform Mitigation Fees
(TUMF) and Measure A regional arterial revenues; and 15/91 Express Lanes Connector funded
by SR-91 Surplus Toll Revenues.
Furthermore, Tables 18-20 (Attachment 1) provide a summary of budgeted sources and uses
from different perspectives (comparative, operating and capital, and fund type).
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Agenda Item 6
Sources
The proposed budget for FY 2023/24 reflects sources at approximately $1.02 billion, including
transfers in, a five percent decrease from the prior year. The decrease is largely attributable to
lower intergovernmental revenues related to project reimbursements offset by increases in
local sales taxes and investment income.
Measure A and Local Transportation Fund (LTF) revenues are each estimated to be $5 million
more than prior year largely due to continued strong economic activity in the County and
taxation of online sales (Measure A). State Transit Assistance estimated to be $7.4 million
greater than the prior year, largely due continued elevated costs related to fuel sales. Due to
the higher than anticipated interest rates the portfolio yield has been amended, translating to
an estimated $12 million from the prior year.
Furthermore, the estimated sources represents a cautiously optimistic outlook to the County’s
economic activity. Key trends to be monitored by staff impacting our estimates include but not
limited to following unemployment rate, interest, and inflation rates.
Uses
FY 2023/24 uses is estimated to be $1.19 billion, representing a two percent increase from the
prior year. The increases are largely related to the Public and Specialized Transit expenditures
due to exhausting COVID-19 pandemic relief funding by transit operators and higher operating
and capital contributions to Southern California Regional Rail Authority (SCRRA). Planning and
Programming anticipated increase in uses is largely attributable to grant funded Regional Early
Action Plan (REAP) 2.0 special study expenses and LTF disbursements.
Since the Commission is primarily project-driven, personnel costs represent less than two
percent of budgeted expenditures totaling approximately $17.6 million. As approved by the
Executive Committee, on April 10, 2023, budgeted personnel costs reflect the following
changes for the upcoming fiscal year:
Changes in Personnel Costs - FY 2023/24:
• Four (4) percent pool for performance merit-based salary increases; and
• Four (4) percent annual salary range cost of living adjustment (COLA). The COLA only
applies to the Commission’s salary range structure and is not automatically applied to
the current employees’ salaries. In June 2019, the Board approved the COLA will be
predicated on the percent change in the Consumer Price Index (CPI) – All-Urban Wage
Earners, covering Riverside, CA for the 12-month period ending December 31, rounded
to the nearest half a percent, with a maximum adjustment of 4 percent. The COLA will
be equal to the CPI, but no less than 0 percent and no greater than 4 percent. The CPI
for the All-Urban Wage Earners, covering Riverside, CA for the 12-month period ending
December 31, 2022, was 8.7 percent. In accordance with the Board’s action, CPI was
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Agenda Item 6
capped at 4 percent and applied to the Commission’s salary range structure for
FY 2023/24.
With the FY 2023/24 Budget, the Commission will continue to move forward current capital
projects to construction, thereby providing a stimulus to the local economy. Significant capital
projects and its current project phase are as follows:
Construction and/or Design-Build Phase:
• 71/91 Connector in Corona
• 15/91 Express Lanes Connector in Corona
Completion Phase (Anticipated):
• I-15 Express Lanes Project in northwestern Riverside County,
• Moreno Valley-March Field station upgrades and grade separation projects
• Design-build activities on the 15/91 Express Lanes Connector in Corona
• Mid County Parkway’s (MCP)
o I-215/Placentia Avenue interchange in Perris
Preliminary engineering, final design, and/or right of way acquisitions Phase(s):
• I-15 Express Lanes Project-Southern Extension
• I-15 Express Lanes Corridor Operations Project
• MCP’s construction project and I-215/Placentia Avenue interchange in Perris
• 71/91 Connector in Corona
Other major capital projects:
• Pass-through funding for Measure A local streets and roads
• SB 132 projects in northwestern Riverside County
• Western County TUMF and Measure A regional arterial projects
• Several commuter rail station upgrades and improvements
Table 21 in the executive summary presents a summary of highway, regional arterial, rail, and
regional conservation program projects.
A public hearing to allow for public comment on the proposed budget is required prior to the
adoption of the proposed budget, including proposed salary schedule. Accordingly, staff
recommends the Commission opens the public hearing on May 10, continues the public
hearing to June 14 followed by adoption of the proposed FY 2023/24 Budget. In accordance
with the Commission’s fiscal policies, the budget must be adopted no later than June 15 of each
year.
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Agenda Item 6
A summary of the proposed FY 2023/24 Budget is as follows:
FY 2023/24 Budget
Revenues and other financing sources:
Sales taxes-Measure A and Local Transportation Funds $ 435,000,000
Reimbursements (federal, state, and local) 201,941,200
Transportation Uniform Mitigation Funds, including reimbursements 31,000,000
State Transit Assistance 38,363,900
Tolls, penalties, and fees 97,989,000
Other revenues 723,500
Interest on investments 13,305,000
Transfers in 211,674,800
Total revenues and other financing sources 1,029,997,400
Expenditures and other financing uses:
Personnel salaries and fringe benefits 17,563,900
Professional services 23,618,500
Support services 21,648,300
Projects and operations 816,406,100
Capital outlay 7,837,200
Debt service (principal and interest) 91,416,200
Transfers out 211,674,800
Total expenditures and other financing uses 1,190,165,000
Excess (deficiency) of revenues and other financing sources over
(under) expenditures and other financing uses
(160,167,600)
Beginning fund balance (projected) 1,382,668,800
Ending fund balance (projected) $ 1,222,501,200
At its June 14 Commission meeting, staff will present the entire budget document with detailed
narratives and the FY 2023/24 salary schedule.
Attachment: Executive Summary for the Proposed FY 2023/24 Budget
Approved by the Budget and Implementation Committee on April 24, 2023
In Favor: 9 Abstain: 0 No: 0
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Executive Summary
Introduction
The budget for Fiscal Year (FY) 2023/24 is presented to the Board of Commissioners (Board) and the
citizens of Riverside County. The budget outlines the projects and programs the Commission plans to
undertake during the year and appropriates expenditures to accomplish these tasks. The budget also
shows the funding sources and fund balances for these projects and programs. This document serves
as the Commission’s monetary guideline for the fiscal year. To provide the reader a better
understanding of the projects and programs, staff included descriptive information regarding each
department and major programs and projects. This budget is presented based on the best available
economic information. The Board and staff will continuously monitor, assess, and re-prioritize the
budgeted revenues and expenditures as necessary. The discussion in each department includes a
review of accomplishments, major initiatives, and key assumptions.
Policy Goals and Objectives
As approved at its March 8, 2023, meeting, the Commission is driven by four core mission statements
and underlying goals for the residents of Riverside County and the transportation system upon which
they rely:
QUALITY OF LIFE
RCTC is focused on improving life for the people of Riverside County and empowering them to live
life at their pace.
Choice RCTC empowers the residents of Riverside County to choose how to safely get
to where they are going.
Environmental
Stewardship
RCTC protects and preserves the County’s environment for its residents.
Mobility RCTC provides access, equity, and choice in transportation; RCTC is a
multimodal mobility partner.
Equity
RCTC supports transportation services and projects that address inequities,
especially those in rural, low income, and disadvantaged communities.
Access
RCTC projects and programs are the connection to employment, housing,
schools, community institutions, parks, medical facilities, and shopping in the
region, and should be equitably accessible to all communities served.
Goods Movement
RCTC facilitates the funding and delivery of projects that mitigate the impact
of increased goods movement flow through Riverside County and advocates
for a reasonable balance between the need to maintain the supply chain and
to protect public health. Also identifies solutions to reduce truck congestion
and the community impacts from the flow of goods from nearby ports.
Public Engagement RCTC is committed to engaging Riverside County residents through ongoing
two-way communication and public outreach.
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OPERATIONAL EXCELLENCE
RCTC is a responsible and conservative steward of taxpayer dollars.
State of Good Repair RCTC invests in road safety and maintenance in its residents’ neighborhoods
and sustainable practices to maintain its stations and facilities.
Promises Fulfilled Projects are completed on-time, on-budget; RCTC delivers on its promises as a
steward of Riverside County residents’ investment.
Efficiency RCTC operates in an efficient and cost-effective manner.
Innovation RCTC seeks to implement innovative transportation solutions.
Information
RCTC seeks to provide information to the public that is transparent and easily
accessible; ensure customers receive prompt, dependable, and quality
service.
CONNECTING THE ECONOMY
RCTC is a driver of economic growth in Riverside County.
Workforce Mobility
RCTC improves the economy by creating a robust workforce to workplace
system; RCTC fosters workforce development by improving transportation
access from housing to employment, and education centers.
Population Growth
Since 1976, RCTC has been responsible for connecting the County’s economy
as the County’s population has quadrupled from 550,000 to over 2.5 million
today. RCTC is sensitive to each geographic area’s unique needs.
Economic Impact
RCTC has invested over $4.5 billion in the County’s economy thanks to Measure
A and toll revenues, which has a multiplier impact in terms of jobs and
economic opportunity throughout Riverside County.
RESPONSIBLE PARTNER
RCTC partners with local, tribal, regional, and state governments to deliver transportation projects
and programs.
Streets and Roads RCTC has invested over $1.4 billion in local priorities for maintaining streets and
roads and fixing potholes.
Transit
RCTC partners with transit operators to provide residents mobility choices,
flexibility, intercity and intercounty connectivity, and access—especially
during a post-pandemic recovery.
Active Transportation
Facilities
RCTC continually improves its stations for better bicycle and pedestrian access
and partners with agencies within the County to promote active
transportation alternatives, including the building of regional trails and bicycle
and pedestrian facilities in accordance with local general master and active
transportation plans.
Grants RCTC is a steward of state and federal grants to leverage Measure A dollars
and improve mobility for our communities.
Local Measure A Value RCTC invests Measure A dollars into projects and programs that benefit local
communities throughout the County.
Partnerships
RCTC will strive to form partnerships with key stakeholders in both the public
and private sector. The goal of collaborating with other entities is to ensure
support for projects and programs, relief from regulations, and to find solutions
for shared challenges.
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Staff used these core mission statements and goals to prepare this budget and develop the following
short-term objectives to further guide the planning for the FY 2023/24 budget.
Capital Project Development and Delivery
Continue preliminary engineering, design, right of way acquisition, and/or construction of projects
included in the Western County Highway Delivery Plan, and projects to improve operations of
Metrolink commuter rail service.
Continue to support operations planning and design of projects led by other agencies.
Continue as lead agency for partner agency projects, closeout the I-15/Railroad Canyon
Interchange project, continue preliminary engineering of the I-10/Highland Springs Avenue
Interchange project, and continue environmental clearance and design efforts for the Santa Ana
River Trail.
Consider opportunities to implement technology-based strategies, or Smart Freeway projects, to
manage traffic, reduce congestion and pollution, increase safety, and improve the quality of
commutes. Finalize plans, specifications and estimates for the Smart Freeway project on I-15 in
Temecula.
Maintain and enhance communication and collaboration with the California Department of
Transportation (Caltrans) to improve the Commission’s ability to deliver critical projects.
Collaborate with local jurisdictions to implement Transportation Uniform Mitigation Fee (TUMF)
regional arterial program projects and facilitate the delivery of eligible arterial improvements in
western Riverside County (Western County).
Continue active engagement in state and federal efforts to streamline and modernize the California
Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) to improve
the Commission’s ability to deliver critical projects.
Operations
Efficiently operate the 91 and 15 Express Lanes and achieve high customer satisfaction through
reduction in congestion, mobility improvements, and management of demand.
Efficiently and cost effectively operate the commuter rail station facilities, and 91/Perris Valley Line
(PVL) rail corridor to ensure reliable high quality commuter rail service.
Efficiently provide motorist assistance services so that motorists can conveniently travel and use
transportation facilities as safely as possible.
Regional Programs
Proactively engage state and federal legislators and agencies to advance principles identified in
the adopted Legislative Platform to ensure that the Commission receives consideration for
transportation projects and funding to key regional needs and mobility choice.
Monitor transit trends and the associated economic, social, and public health factors that impact
ridership and create barriers to transit growth.
Subsidize reliable and cost-effective Metrolink commuter rail service to and from Riverside County;
Southern Regional Rail Authority (SCRRA) is the operator of Metrolink.
Provide continued leadership in the planning and development for the Coachella Valley-San
Gorgonio Pass Rail Corridor Service (CV Rail).
Support innovative programs that provide transit assistance in rural areas or for riders with special
transit needs.
Promote cost controls and operating efficiency for transit operators.
Maintain effective partnerships among commuters, employers, and government to increase the
efficiency of our transportation system by encouraging and promoting telework and motorized and
non-motorized transportation alternatives such as vanpools.
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Management Services
Maintain close communication with Commissioners and educate policy makers on all issues of
importance to the Commission including Measure A.
Develop and execute a communication, public information, and community engagement strategy
for the purposes of education, partnership building, information sharing, and customer service.
Maintain administrative program delivery costs below the policy threshold of 4% of Measure A
revenues; the FY 2023/24 Management Services budget is 1.30% of Measure A revenues.
Maintain administrative salaries and benefits at less than 1% of Measure A revenues; the FY 2023/24
administrative salaries and benefits is 0.46% of Measure A revenues.
Maintain prudent cash reserves to provide some level of insulation for unplanned expenditures or
economic downturns.
Maintain strong bond ratings with rating agencies.
Establish and maintain revenues and reserves generated from toll operations to be available for
debt service in accordance with toll supported debt agreements; maintenance, repair, and
rehabilitation, administration, operations; and capital projects within the corridor.
Linking Commission and Departmental Mission Statements
The following matrix (Table 1) illustrates the linkage of the Commission’s core mission statements
described in this section to the individual departmental mission statements included in each
department’s section.
Table 1 – Relationship between Commission and Departmental Mission Statements
Department Quality
of Life
Operational
Excellence
Connecting
the Economy
Responsible
Partner
Management Services
Executive Management X X X X
Administration X
External Affairs X X X X
Finance X
Regional Programs
Planning and Programming X X X X
Rail Maintenance and Operations X X X X
Public and Specialized Transit X X X X
Commuter Assistance X X X X
Motorist Assistance X X X X
Regional Conservation X X X X
Capital Project Development and
Delivery X X X X
Toll Operations X X X X
Budget Overview
Total sources (Table 2) are budgeted at $1,029,997,400, a 5% decrease over the FY 2022/23 budget. The
decrease is largely a result in the reduction in intergovernmental revenues primarily related to various
SB 132 projects nearing completion. Total sources are comprised of revenues of $818,322,600 and
transfers in of $211,674,800. The projected fund balance at June 30, 2023, available for
expenditures/expenses (excluding amounts restricted for debt service of $11,282,000 and advances
receivable of $15,469,900) is $1,355,916,900. Accordingly, total funding available for the FY 2023/24
budget totals $2,385,914,300.
8
Table 2 – Sources FY 2022-2024
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Measure A Sales Tax 280,170,600$ 275,000,000$ 275,000,000$ 280,000,000$ 5,000,000$ 2%
LTF Sales Tax 150,694,000 150,000,000 150,000,000 155,000,000 5,000,000 3%
STA Sales Tax 29,988,300 30,964,600 39,055,000 38,363,900 7,399,300 24%
Intergovernmental 213,865,000 246,701,300 235,145,100 201,941,200 (44,760,100) -18%
TUMF Revenue 35,509,000 31,000,000 30,750,000 31,000,000 - 0%
Tolls, Penalties, and Fees 100,992,600 97,771,800 98,794,100 97,989,000 217,200 0%
Other Revenue 3,926,900 707,000 719,100 723,500 16,500 2%
Investment Income (Loss)(17,686,500) 1,168,400 5,103,000 13,305,000 12,136,600 1039%
Transfers In 158,254,900 247,462,200 216,171,100 211,674,800 (35,787,400) -14%
Debt Proceeds, Premium Gain (Loss)(6,733,700) - - - - N/A
TOTAL Sources 948,981,100$ 1,080,775,300$ 1,050,737,400$ 1,029,997,400$ (50,777,900)$ -5%
Riverside County has specific competitive advantages over nearby coastal counties (Los Angeles,
Orange, and San Diego), including housing that is more available and affordable as well as plentiful
commercial real estate and land available for development at lower costs. Prior to the COVID-19
pandemic in early 2020, Riverside County’s economy benefitted from employment gains due to the
County’s ability to attract businesses with lower commercial rents and a skilled labor force. Population
migration to the Inland Empire (i.e., Riverside and San Bernardino counties) occurred due to these
employment opportunities and a lower cost of living compared to the coastal counties. Stability in the
local labor market and housing advantages has increased economic activity and post COVID-19
pandemic recovery contributing to stable sales tax revenue growth as noted on Chart 3.
Chart 3 – Sources: Five-Year Trend
-$10,000,000
$40,000,000
$90,000,000
$140,000,000
$190,000,000
$240,000,000
$290,000,000
$340,000,000
FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24
Measure A Sales Tax
LTF Sales Tax
STA Sales Tax
TUMF
Federal, State, Local Revenues
Toll Revenue
Transfers In
Debt Proceeds, Premium Gain (Loss)
Regardless of the current and future economic conditions, the Commission faces formidable ongoing
challenges in terms of providing needed infrastructure enhancements to support a population and an
economy that has outgrown the capacity of its existing infrastructure. Fortunately, the foundation of the
regional economy continues to retain many of the fundamental positive attributes that fueled its earlier
growth, including more affordable real estate with proximity to coastal communities, a large pool of
skilled workers, and increasing wealth and education levels.
While the Commission’s primary revenues are the Measure A and LTF sales taxes, other revenues and
financing sources are required to fund the Commission’s programs and projects as illustrated in Chart
4. The Commission receives Measure A and LTF sales tax revenues from the California Department of
Tax and Fee Administration (CDTFA), as statutorily created and authorized successor to the former
California State Board of Equalization.
9
Chart 4 – Sources: Major Categories
Measure A Sales Tax 27%
LTF Sales Tax 15%
STA Sales Tax 4%
Intergovernmental 20%
TUMF Revenue 3%
Tolls, Penalties, and Fees 9%
Investment Income (Loss)1%
Transfers In 21%
Debt Proceeds, Premium …
After considering the state of the local economy, staff projects Measure A sales tax revenues of
$280,000,000 for FY 2023/24. This is a 2% change from the FY 2022/23 revised projection of $275,000,000.
Generally, the Commission reassesses its sales tax revenue projections at midyear based on the
economy and revenue trends; however, the Commission anticipates more frequent reviews throughout
FY 2023/24 as other key economic indicators such as the County’s unemployment rate and interest
rates become known.
On behalf of the County, the Commission administers the LTF for public transportation needs, local
streets and roads, and bicycle and pedestrian facilities. The majority of LTF funding received by the
County and available for allocation is distributed to all public transit operators in the County. The
Commission receives allocations for administration, planning, and programming in addition to funding
for Western County rail operations included in the commuter rail Short Range Transit Plan (SRTP). LTF sales
tax revenue is budgeted at $155,000,000, a 3% change from the FY 2022/23 revised $150,000,000
projection. The projection for the upcoming year is based on economic activity remaining relatively
flat due to uncertainty with the economy.
A statewide sales tax on motor vehicle diesel fuel generates STA funds, which the State Controller
allocates by formula to the Commission for allocations to the County’s public transit operators. SB 1
provides additional STA revenues, including State of Good Repair (SGR) funds for transit maintenance,
rehabilitation, and capital projects. The FY 2023/24 STA/SGR allocations, based on recent State
estimates, is $38,363,900.
Intergovernmental revenues, estimated to be $201,941,200, include reimbursement revenues from
federal sources of $89,308,100, state sources of $82,343,100, and local agencies of $30,290,000 for
highway and rail capital projects, rail operations and station maintenance, commuter assistance, and
motorist assistance programs as well as planning and programming activities. The anticipated decrease
of 18% in FY 2023/24 compared to the revised FY 2022/23 budget is related to decreases in state
reimbursements primarily related to SB 132 funding expended on various projects. SB 132 enacted in
April 2017 provided state funding for the 15/91 Express Lanes Connector and pass-through funding to
the County for projects such as the Hamner Bridge widening and to both the County and city of Corona
for various grade separation projects. Other state reimbursements will fund the 71/91 Connector, Mid
County Parkway (MCP) projects, station rehabilitation and planning and programming projects. Federal
reimbursements provide funding for the I-15 Express LanesSouthern Extension, SR-91 East Corridor
Operations project, 71/91 Connector, MCP projects, Smart Freeways, and station rehabilitation projects.
Local reimbursements will fund the I-15 Express Lanes – Northern Extension, 91 Express Lanes eastbound
to McKinley Avenue, Santa Ana River Trail Extension, rideshare services, and regional conservation.
Reimbursement revenues vary from year to year depending on project activities and funding levels.
10
Based on an amended Memorandum of Understanding (MOU) with the Western Riverside Council of
Governments (WRCOG), the Commission receives 48.1% of TUMF revenues (as updated by the most
recent Nexus study). TUMF represents fees assessed on new residential and commercial development
in Western County. The Commission projects FY 2023/24 TUMF related fees at $31,000,000.
FY 2022/23 marked the sixth complete fiscal year of toll operations for the RCTC 91 Express Lanes
following substantial completion of the 91 Project in March 2017. Since opening and through February
2020, the RCTC 91 Express Lanes traffic and toll revenues surpassed initial 2013 financing assumptions
and an updated Riverside County 91 Express Lanes Extension Investment Grade Traffic and Revenue
Study approved by the Commission in December 2018. The Commission estimates FY 2023/24 toll
revenues, penalties, and fees of $65,080,500 — comparable to the FY 2022/23 projected revenues of
$65,548,100.
FY 2022/23 marked the second full year of toll operations for the 15 Express Lanes following substantial
completion of the I-15 Express Lanes Project and opening of the 15 Express Lanes in April 2021. For FY
2023/24, the Commission projects $32,908,500 in toll revenues, penalties and fees for the 15 Express
Lanes, a slight decrease of 2% compared to the FY 2022/23 projected revenues of $33,246,000. The 2%
decrease is based on a slight downward trend identified in the past few months. Staff will continue to
monitor toll revenues and transactions and adjust the FY 2023/24 projections as necessary.
Other revenue of $723,500 includes property management generated from properties acquired in
connection with various highway and rail properties.
The Commission anticipates a 1039% increase in FY 2023/24 investment income from the FY 2022/23
budget due to higher estimated investment yields. The FY 2023/24 budget conservatively projects
investment income at a 1.1% investment yield compared to a 0.10% investment yield budgeted in FY
2022/23.
Transfers in of $211,674,800 relate to the transfer of LTF funding for general administration, planning and
programming, rail operations, and grade separation project allocations; approved interfund allocations
for specific projects and administrative cost allocations; and debt service requirements from highway,
new corridors, and regional arterial funds.
Total uses (Table 3), including transfers out of $211,674,800, are budgeted at $1,190,165,000 a 2%
increase from the prior year revised budget amount of $1,165,858,200. Program expenditures and
transfers out totaling $1,072,639,700 represent 90.1% of total budgeted uses in FY 2023/24. Program costs
increased by 2% from $1,049,417,700 in FY 2022/23 due to projects and programs identified below.
Table 3 – Uses FY 2022-2023
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Capital Highway, Rail, and Regional Arterials 399,705,700$ 537,782,500$ 443,289,400$ 543,312,400$ 5,529,900$ 1%
Capital Local Streets and Roads 84,801,100 83,029,900 83,029,900 84,545,100 1,515,200 2%
Commuter Assistance 3,434,500 4,640,100 4,429,700 6,819,200 2,179,100 47%
Debt Service 98,396,400 91,756,300 91,756,400 91,416,200 (340,100) 0%
Management Services 18,544,400 24,684,200 21,211,600 26,109,100 1,424,900 6%
Motorist Assistance 6,755,000 9,560,300 7,363,400 8,952,100 (608,200) -6%
Planning and Programming 5,009,400 10,683,600 8,606,500 29,600,500 18,916,900 177%
Public and Specialized Transit 95,994,500 202,068,600 185,862,300 243,247,900 41,179,300 20%
Rail Maintenance and Operations 16,869,100 53,671,400 47,896,500 59,091,100 5,419,700 10%
Regional Conservation 3,974,200 11,628,900 10,495,000 11,249,600 (379,300) -3%
Toll Operations 34,909,000 136,352,400 105,139,600 85,821,800 (50,530,600) -37%
TOTAL Uses 768,393,300$ 1,165,858,200$ 1,009,080,300$ 1,190,165,000$ 24,306,800$ 2% Note: Management Services includes Executive Management, Administration, External Affairs, and Finance.
11
Capital highway, rail, and regional arterials budgeted uses of $543,312,400 are 1% higher compared to
the FY 2022/23 budget due to project activities in various phases related to the 71/91 Connector, SR-79
realignment, I-15 Express Lanes project – southern extension, MCP projects, Smart Freeways, 91
eastbound COP, rail station improvements, and Western County Measure A and TUMF 2009 regional
arterial call for projects.
Local streets and roads expenditures of $84,545,100 reflects an increase of $1,515,200 over the FY
2022/23 budget and represent the disbursements of 2009 Measure A sales tax revenues to local
jurisdictions for the construction, repair, and maintenance of local streets and roads.
Commuter assistance budgeted expenditures of $6,819,200 is 47% higher than the FY 2022/23 budget
due to launching of a new free rail pass program and potential comprehensive bi-county Transportation
Demand Management plan.
Debt service of $91,416,200 is comparable to the FY 2022/23 budget.
Management services expenditures of $26,109,100 increased 6% due to audit services, staff training and
travel, technology equipment upgrades, and office improvements and expansion.
Motorist assistance expenditures of $8,952,100 decreased 6% due to cost savings with current FSP radio
systems and transfers out for SAFE matching funds to FSP and commuter assistance special projects.
Planning and programming budgeted expenditures of $29,600,500 increased 177% due to increased
projects and operation activities in connection with LTF disbursements for planning and programming,
other agency projects, and special studies related to Regional Early Action Plan (REAP 2.0) and toll
lanes.
Public and specialized transit budgeted expenditures of $243,247,900 are 20% higher than the FY
2022/23 budget due to expiration of federal stimulus funds (CARES Act, Coronavirus Response and Relief
Supplemental Appropriations Act, and American Rescue Plan Act of 2021) concur available in the prior
year to help respond to COVID-19 impacts rather than traditional operating subsidies to public transit
operators.
The rail maintenance and operations budgeted expenditures of $59,091,100 are 10% higher than the FY
2022/23 budget due to increases in rail station security guards, program management, utilities, and
Metrolink operations.
Regional conservation budgeted expenditures of $11,249,600 reflects a second full year serving as the
managing agency for the RCA. FY 2023/24 reflects a decrease of $379,300 or 3% primarily due to a
reduction in administration cost allocation and program management.
Toll operations expenses are budgeted at $85,821,800 to manage the operations, maintenance, and
capital support of the RCTC 91 Express Lanes and 15 Express Lanes. The 37% decrease for toll
operational expenses is due to lower required repair and rehabilitation activity on the RCTC 91 Express
Lanes, design build activity on the 91 Express Lanes eastbound lane to McKinley Avenue project, and
transfer of surplus toll revenues required for the 15/91 Express Lanes Connector project than the previous
year.
Chart 5 is an illustration of total uses included in the FY 2023/24 budget by major categories.
12
Chart 5 – Uses: Major Categories
Capital Highway, Rail, and
Regional Arterials
46%
Capital Local Streets and
Roads
7%
Commuter Assistance
1%
Debt Service
8%
Management Services
2%
Motorist Assistance
1%
Planning and Programming
2%
Public and Specialized
Transit
20%
Rail Maintenance and
Operations
5%
Regional Conservation
1%
Toll Operations
7%
Commission Personnel
The Commission’s salaries and benefits total $17,563,900 for FY 2023/24. This represents an increase of
$196,800 or 1% over the FY 2022/23 budget of $17,367,100 (Chart 6). The increase relates primarily to a
4% pool for performance merit-based salary increases and a 4% annual salary range structure cost of
living adjustment (COLA). The COLA only applies to the to the Commission’s salary range structure and
is not automatically applied to the current employees’ salaries. In June 2019, the Board approved the
COLA will be predicated on the percent change in the Consumer Price Index (CPI) – All Urban Wage
Earners, covering Riverside, CA for the 12-month period ending December 31, rounded to the nearest
half percent, with a maximum adjustment of 4%. The COLA will be equal to the CPI, but no less than 0%
and no greater than 4%. The CPI for the All-Urban Wage Earners, covering Riverside, CA for the 12-
month period ending December 31, 2022, was 8.7%. In accordance with the Board’s action, CPI was
capped at 4% and applied to the Commission’s salary range structure for FY 2023/24. Significant
variances in prior years (Chart 6) are primarily due to the Commission’s one-time disbursement to pay
down the California Public Employees Retirement System (CalPERS) unfunded actuarial pension liability
of $8.6 million in FY 2019/20; six months serving as the managing agency for the RCA in FY 2020/21;
reorganization of the toll program, the addition of three new positions, and a full year serving as the
managing agency for the RCA in FY 2021/22; and an increase to the Commission’s contribution to
employee health benefits in FY 2022/23. The Commission’s salary schedule for FY 2023/24 is included in
Appendix B and complies with Government Code §20636 “Compensation Earnable” and California
Code of Register §570.5, “Requirements for a Publicly Available Pay Schedule.”
13
Chart 6 – Salaries and Benefits Cost: Five-Year Comparison
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
$20,000,000
FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24
The 81 FTE positions included in the FY 2023/24 budget (Table 4) is comparable to the FY 2022/23 budget
and Management continues its commitment with its intent for the Commission’s enabling legislation
requiring a lean organization. The Commission will continue providing staff the tools needed to ensure
an efficient and productive work environment. However, small should not be viewed in an absolute
context; it is relative to the required tasks and the demands to be met.
Table 4 – Full-Time Equivalents by Department FY 2022—2024
FY 21/22 FY 22/23 FY 23/24
Executive Management 0.5 0.5 1.0
Administration 7.4 8.9 9.2
External Affairs 4.3 5.3 3.9
Finance 10.8 10.6 10.5
Planning and Programming 4.1 5.7 6.2
Rail Maintenance and Operations 3.8 4.0 4.1
Public and Specialized Transit 2.7 2.9 2.7
Commuter Assistance 0.9 1.3 1.3
Motorist Assistance 1.5 1.4 1.5
Regional Conservation 11.4 18.3 18.1
Capital Project Development and Delivery 13.1 14.7 14.7
Toll Operations 6.5 7.4 7.8
TOTAL 67.0 81.0 81.0
The Commission provides a comprehensive package of benefits to employees. The package includes
health, dental, vision, life insurance, short and long-term disability, workers’ compensation, tuition
assistance, sick and vacation leave, retirement benefits in the form of participation in the CalPERS,
postretirement health care, deferred compensation, and employee assistance program. Chart 7
illustrates the compensation components.
14
Chart 7 – Personnel Salaries and Benefits
Salaries
67%
Retirement
17%
Health
15%
Other Fringes
1%
Department Initiatives
Staff prepared each department’s budget based on key assumptions, accomplishments in FY 2022/23,
major initiatives for FY 2023/24, and department goals and related objectives. Tables 5 through 16
present the key initiatives and summary of expenditures/expenses for each department. The
department budgets section contains detailed discussions about each department.
Executive Management
Continue project development and delivery as the key Measure A priority.
Foster growth in usage of express lanes and ensure their financial success.
Continue planning efforts to advance passenger rail service in the CV Rail.
Advocate for state and federal investments in transportation to fund needed transportation priorities
in the County and stimulate the local economy.
Maintain regional cooperation and collaboration as a significant effort consistent with the
philosophy and mission of the Commission.
Support a comprehensive social media outreach program to build awareness of the Commission
and its role in the community.
Maintain an effective mid-sized transportation agency with dedicated staff.
Table 5 – Executive Management
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 336,000$ 403,200$ 403,200$ 536,500$ 133,300$ 33%
Professional 61,300 300,000 126,300 300,000 - 0%
Support 59,000 96,700 97,200 130,900 34,200 35%
TOTAL 456,300$ 799,900$ 626,700$ 967,400$ 167,500$ 21%
Administration
Provide high quality support services to the Commission and to internal and external customers.
Maintain an accurate and efficient electronic records management system.
Provide timely communications and high-quality support services to Commissioners.
Update technology to improve internal processes and interaction with the public.
Support and develop a motivated workforce with a framework of activities and practices that
comply with employment laws and regulations.
15
Table 6 – Administration
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 850,200$ 1,169,100$ 815,500$ 1,290,700$ 121,600$ 10%
Professional 1,139,600 1,184,000 1,104,000 1,187,100 3,100 0%
Support 334,600 1,435,200 1,237,400 1,635,800 200,600 14%
Capital Outlay 172,500 325,000 75,000 1,365,000 1,040,000 320%
Debt Service 606,000 - - - - N/A
TOTAL 3,102,900$ 4,113,300$ 3,231,900$ 5,478,600$ 1,365,300$ 33%
External Affairs
Develop effective partnerships with transportation providers to communicate a unified message to
Congress regarding mobility needs.
Advocate on behalf of Riverside County’s interests regarding the State’s Climate Action Plan for
Transportation Infrastructure.
Advocate positions in the State Legislature and in Congress that advance the County’s
transportation interests.
Continue a leadership role in formulating a countywide direction on federal transportation policies.
Conduct a concerted outreach effort to new federal and state representatives on local
transportation issues.
Use modern technology to support a robust public communication and engagement effort
focusing on accessible and transparent communication of the Commission’s projects and
programs.
Engage and seek understanding of the Riverside County’s community-based stakeholders to build
trust and gain support to inform the decision-making process.
Build awareness and support for the RCA and the implementation of the MSHCP.
Table 7 – External Affairs
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 861,900$ 1,318,100$ 872,800$ 798,700$ (519,400)$ -39%
Professional 654,700 1,335,000 793,000 1,306,000 (29,000) -2%
Support 84,200 247,100 103,500 324,800 77,700 31%
Capital Outlay - 5,000 - 5,000 - 0%
TOTAL 1,600,800$ 2,905,200$ 1,769,300$ 2,434,500$ (470,700)$ -16%
Finance
Proactively monitor, assess, manage, and minimize financial impacts on the Commission’s programs
and projects to the maximum extent possible.
Continue appropriate uses of long- and short-term financing to advance the Commission’s 2009
Measure A projects.
Provide support to the RCTC 91 Express Lanes and 15 Express Lanes toll operations contractor back
offices to ensure the proper accounting of toll revenues and operations and maintenance costs.
Keep abreast of Governmental Accounting Standards Board (GASB) technical activities affecting
the Commission’s accounting and financial reporting activities and implement new
pronouncements.
Upgrade the Enterprise Resource Planning (ERP) system to benefit all staff in the management of
accounting and project information and automation of a paperless workflow system.
Manage a centralized procurements process in order to strengthen controls and ensure consistency
in the application of procurement policies and procedures and adherence to applicable laws and
regulations.
Support outreach activities to encourage disadvantaged business enterprise (DBE) and small
business enterprise (SBE) participation in various contracts.
16
Table 8 – Finance
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 1,748,600$ 1,974,000$ 1,953,400$ 2,052,800$ 78,800$ 4%
Professional 1,247,200 2,410,800 1,874,700 2,372,400 (38,400) -2%
Support 865,000 1,086,300 1,085,900 1,879,900 793,600 73%
Capital Outlay 115,000 1,313,900 588,900 840,000 (473,900) -36%
Transfers Out 10,014,600 10,080,800 10,080,800 10,083,500 2,700 0%
TOTAL 13,990,400$ 16,865,800$ 15,583,700$ 17,228,600$ 362,800$ 2%
Planning and Programming
Monitor funding authority and responsibility related to the State Transportation Improvement
Program (STIP).
Ensure administration and implementation of STIP/Regional Improvement Program (RIP), Active
Transportation Program (ATP), and other funded projects consistent with California Transportation
Commission (CTC), Caltrans, and Southern California Association of Governments (SCAG) policies.
Continue to strategically program projects for all local agencies countywide into the Federal
Transportation Improvement Program (FTIP) and obligate funds in an expeditious manner for the
maximum use of all available funding, including monitoring the use of such funding to prevent from
lapsing.
Monitor all projects programmed to receive 2009 Measure A, TUMF, state, and federal funds to
ensure timely delivery and prevent funds from lapsing.
Focus on interregional concerns and maintain effective working relationships involving various multi-
county transportation issues.
Coordinate planning efforts with regional and local agencies relating to the development of
Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and greenhouse gas
reduction (GHG) implementation guidelines.
Administer the Bicycle and Pedestrian Facilities Program (SB 821).
Monitor and track local, state, and federal funding sources in a customized database system
including assisting in the administration of 2009 Measure A local streets and roads and LTF SB 821
programs.
Table 9 – Planning and Programming
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 957,100$ 1,117,300$ 899,700$ 1,478,200$ 360,900$ 32%
Professional 21,800 142,500 102,000 128,100 (14,400) -10%
Support 10,100 323,500 184,200 176,100 (147,400) -46%
Projects and Operations 3,131,500 6,855,300 6,309,300 23,080,700 16,225,400 237%
Capital Outlay 480,300 250,000 250,000 200,000 (50,000) -20%
Transfers Out 408,600 1,995,000 861,300 4,537,400 2,542,400 127%
TOTAL 5,009,400$ 10,683,600$ 8,606,500$ 29,600,500$ 18,916,900$ 177%
Rail Maintenance and Operations
As a member of the SCRRA, continue active participation in the governance and operations of the
Metrolink commuter rail system.
Continue the planning and implementation of capital improvements at the commuter rail stations
in the County, including security and rehabilitation projects and meeting parking requirements.
Continue to support and evaluate activities related to the PVL service, such as promoting ridership
especially for weekend service.
Establish the best approach to build, maintain, and operate cost effective and environmentally
sustainable facilities that meet the public’s transportation needs.
Lead the service development process and actively coordinate with all stakeholders along the CV
Rail for intercity passenger rail service.
Advance the next generation rail feasibility study to evaluate future growth opportunities for
passenger rail in the County.
17
Table 10 – Rail Maintenance and Operations
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 721,100$ 970,400$ 970,400$ 917,100$ (53,300)$ -5%
Professional 1,051,600 1,259,300 713,500 3,136,500 1,877,200 149%
Support 2,392,400 2,836,400 2,695,400 3,083,600 247,200 9%
Projects and Operations 10,431,600 45,887,900 41,885,800 49,978,300 4,090,400 9%
Capital Outlay 1,730,800 1,694,000 608,000 1,155,000 (539,000) -32%
Debt Service 14,400 - - - - N/A
Transfers Out 541,600 1,023,400 1,023,400 820,600 (202,800) -20%
TOTAL 16,883,500$ 53,671,400$ 47,896,500$ 59,091,100$ 5,419,700$ 10%
Public and Specialized Transit
Coordinate the operation of all public transportation services, especially for disadvantaged
communities and essential workers, within the County by promoting program efficiency between
transit operators.
Monitor and coordinate state and federal regulations for operating and/or capital impacts with
transit operators.
Continue public transit operator oversight and fiduciary responsibilities to ensure completion of
annual fiscal audits and state triennial performance audits in accordance with TDA regulations.
Support innovative programs that provide transit assistance in hard to serve rural areas or for riders
having very special transit needs and monitor funding of these programs.
Continue long-range planning activities to ensure that anticipated revenues are in line with
projected levels of service by transit operators.
Table 11 – Public and Specialized Transit
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 518,600$ 574,600$ 468,100$ 534,200$ (40,400)$ -7%
Professional 334,900 943,300 812,100 340,200 (603,100) -64%
Support 69,100 119,700 116,000 392,300 272,600 228%
Projects and Operations 86,842,100 166,087,700 150,884,400 199,847,300 33,759,600 20%
Transfers Out 8,229,800 34,343,300 33,581,700 42,133,900 7,790,600 23%
TOTAL 95,994,500$ 202,068,600$ 185,862,300$ 243,247,900$ 41,179,300$ 20%
Commuter Assistance
Position the program for the future by being more visible, regional, and innovative to enhance the
experience and participation of employer partners, commuters, and communities.
Transition from a locally provisioned Inland Empire-based rideshare and vanpool system to a
regional platform/database.
Maintain and grow employer partnerships through value-added services and tools for rideshare and
telework programs.
Maintain the long-term partnership with San Bernardino County Transportation Authority (SBCTA) to
manage and implement a “sister” commuter assistance program for residents and employers in San
Bernardino County.
Launch a free rail pass program for Riverside and San Bernardino County residents to experience
Metrolink for work, school, and play.
Optimize Park and ride facilities to support shared-ride arrangements and facilitate transit
connections.
Table 12 – Commuter Assistance
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 217,100$ 269,200$ 263,800$ 230,800$ (38,400)$ -14%
Professional 228,800 382,900 223,800 695,000 312,100 82%
Support 2,900 59,900 13,600 19,200 (40,700) -68%
Projects and Operations 2,823,600 3,668,400 3,668,800 5,693,000 2,024,600 55%
Debt Service 8,500 - - - - N/A
Transfers Out 162,100 259,700 259,700 181,200 (78,500) -30%
TOTAL 3,443,000$ 4,640,100$ 4,429,700$ 6,819,200$ 2,179,100$ 47%
18
Motorist Assistance
Maintain a high benefit-to-cost ratio related to the performance of the FSP program.
Support regional mobility by providing 24/7 access to real-time traffic information, transportation
options, and services.
Enhance highway safety and reduce congestion by providing a roving motorist assistance service
that patrols designated urban freeways and assists stranded or disabled vehicles.
Continue to pilot focused effort that expands access to transportation demand management
services and incentives to eastern Riverside County constituents.
Table 13 – Motorist Assistance
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 155,400$ 272,100$ 272,100$ 254,600$ (17,500)$ -6%
Professional 325,200 214,900 188,800 209,600 (5,300) -2%
Support 129,200 186,600 179,700 335,000 148,400 80%
Projects and Operations 3,651,400 5,454,500 3,939,600 5,076,700 (377,800) -7%
Transfers Out 2,493,800 3,432,200 2,783,200 3,076,200 (356,000) -10%
TOTAL 6,755,000$ 9,560,300$ 7,363,400$ 8,952,100$ (608,200)$ -6%
Regional Conservation
Maintain commitment to protecting sensitive habitat and ensuring open space is a key component
in enhancing the quality of life for local residents.
Enhance communications to stakeholders, members of the public, and elected officials to be
transparent about the RCA’s conservation efforts, funding, and collaboration opportunities.
Build upon relationships with local, state, and federal agencies to manage lands purchased or
controlled by the RCA.
Table 14 – Regional Conservation
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 2,525,400$ 3,776,800$ 3,776,400$ 3,749,100$ (27,700)$ -1%
Professional 134,100 3,484,000 2,692,700 4,203,600 719,600 21%
Support 7,400 426,300 355,200 525,800 99,500 23%
Projects and Operations 489,800 2,072,400 1,801,300 1,821,400 (251,000) -12%
Transfers Out 817,500 1,869,400 1,869,400 949,700 (919,700) -49%
TOTAL 3,974,200$ 11,628,900$ 10,495,000$ 11,249,600$ (379,300)$ -3%
Capital Project Development and Delivery
Continue project work on the 91 COP, I-15 Express LanesSouthern Extension, 15/91 Express Lanes
Connector, MCP projects, 71/91 Connector, SR-79 realignment, and Smart Freeway projects
included in the Western County Delivery Plan as well as projects on behalf of other agencies,
including the I-15/Railroad Canyon Interchange, I-10/Highland Springs Road Interchange, and
Santa Ana River Trail.
Continue design and operations planning of the 15/91 Express Lanes Connector, 91 Express Lanes
eastbound lane to McKinley Avenue, and design and development led by other agencies related
to the 241/91 Express Lanes Connector and I-15 Express LanesNorthern Extension.
Provide 2009 Measure A funding to the incorporated cities and the County for local streets and
roads maintenance, repair, and construction and to the Coachella Valley Association of
Governments (CVAG) for highways and regional arterials.
Provide TUMF regional arterial funding and support to local jurisdictions for regional arterial project
engineering, right of way acquisition, and construction.
Maintain a right of way acquisition and management program in support of capital projects and in
the most cost-effective manner within project schedules, while adhering to federal and state
regulations.
19
Maintain and manage the access, use, safety, and security of Commission-owned properties
including commuter rail stations, properties in acquisition process, and income-generating
properties.
Develop strategies to implement alternative financing structures including public express lanes.
Table 15 – Capital Project Development and Delivery
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 2,765,700$ 3,278,300$ 3,097,200$ 3,886,900$ 608,600$ 19%
Professional 2,246,700 3,192,100 3,078,600 6,271,000 3,078,900 96%
Support 280,900 1,583,100 266,200 2,517,500 934,400 59%
Projects and Operations 359,027,000 489,690,500 402,259,700 500,581,600 10,891,100 2%
Capital Outlay 3,739,300 5,150,000 5,150,000 4,187,200 (962,800) -19%
Debt Service 69,594,300 69,555,300 69,555,400 69,215,200 (340,100) 0%
Transfers Out 116,447,200 117,918,400 112,467,600 110,413,300 (7,505,100) -6%
TOTAL 554,101,100$ 690,367,700$ 595,874,700$ 697,072,700$ 6,705,000$ 1%
Toll Operations
Manage the operations of the RCTC 91 Express Lanes and 15 Express Lanes adhering to the
Commission’s Express Lanes toll policies.
Manage toll operations using investment grade traffic and revenue studies and cost estimate
assumptions specific to each express lane facility.
Provide timely and effective reporting of toll operation metrics including revenue, transactions,
carpool usage, and performance indicators.
Support the design-build activities related to the 15/91 Express Lanes Connector and 91 Express
Lanes eastbound lane to McKinley Avenue; and the design and development led by other
agencies related to the 241/91 Express Lanes Connector and I-15 Express LanesNorthern Extension.
Participate in the California Toll Operators Committee (CTOC) to advance regional and statewide
tolling initiatives, technology, interoperability, and coordination among California toll agencies.
Table 16 – Toll Operations
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Personnel 1,357,200$ 2,244,000$ 2,243,800$ 1,834,300$ (409,700)$ -18%
Professional 2,251,900 3,811,000 1,410,200 3,469,000 (342,000) -9%
Support and Maintenance 5,309,400 9,895,400 7,077,500 10,627,400 732,000 7%
Projects and Operations 19,978,700 43,737,000 41,155,700 30,327,100 (13,409,900) -31%
Capital Outlay 11,000 125,000 8,400 85,000 (40,000) -32%
Debt Service 28,173,200 22,201,000 22,201,000 22,201,000 - 0%
Transfers Out 6,000,800 76,540,000 53,244,000 39,479,000 (37,061,000) -48%
TOTAL 63,082,200$ 158,553,400$ 127,340,600$ 108,022,800$ (50,530,600)$ -32%
Fund Balances
The projected total fund balance as of June 30, 2023, is $1,382,668,800. The Commission expects the FY
2023/24 budgeted activities to result in a $160,167,600 decrease of total fund balance at June 30, 2024
to $1,222,501,200. The primary cause of the decrease is project activities in FY 2023/24 related to the
15/91 Express Lanes Connector, 15 COP, MCP projects close-out activity on the 91 Project, 91 Express
Lanes repair and rehabilitation, Smart Freeways, SR-79 realignment, rail station rehabilitation and
maintenance, Western County Measure A and TUMF regional arterial projects, and public transit
allocations. Table 17 presents the components of the projected fund balance by program at June 30,
2024.
20
Table 17 – Projected Fund Balances by Fund Type and Program at June 30, 2024
Western County Coachella Valley Palo Verde Other Total
Restricted:
Bond Financing 40,071,500$ -$ -$ -$ 40,071,500$
Commuter Assistance 24,111,300 - - - 24,111,300
Debt Service - - - 11,406,100 11,406,100
Economic Development 11,788,400 - - - 11,788,400
Highways 125,757,200 74,706,800 - 22,792,400 223,256,400
New Corridors 72,074,900 - - - 72,074,900
Planning and Programming - - - 1,504,900 1,504,900
Public and Specialized Transit 19,800,300 506,200 - 417,253,200 437,559,700
Rail 54,934,100 - - 26,320,800 81,254,900
CETAP - - - 66,894,400 66,894,400
Regional Arterials 7,436,200 - - 15,629,500 23,065,700
Motorist Assistance - - - 11,455,900 11,455,900
Toll Operations - - - 211,068,700 211,068,700
Assigned:
Management Services - - - 6,988,400 6,988,400
TOTAL Fund Balance 355,973,900$ 75,213,000$ -$ 791,314,300$ 1,222,501,200$
Measure A Sales Tax
Chart 8 illustrates the actual and projected trends in fund balances for each governmental and
enterprise fund type from FY 2020/21 through FY 2023/24.
Chart 8 – Projected Fund Balance Trends by Fund Type FY 2021 – 2024
$5,000,000
$130,000,000
$255,000,000
$380,000,000
$505,000,000
$630,000,000
$755,000,000
$880,000,000
$1,005,000,000
$1,130,000,000
General Fund Special Revenue
Funds
Capital Projects
Funds
Debt Service Fund Enterprise Fund
FY 20/21
FY 21/22
FY 22/23
FY 23/24
Budget Summary
The overall budget for FY 2023/24 is presented in Table 18 by summarized line items, Table 19 by
operating and capital classifications, and Table 20 by fund type. Highway, regional arterial, rail, and
regional conservation program projects expenditures are summarized in Table 21.
21
Table 18 – Budget Comparative by Summarized Line Item FY 2022—2024
FY 21/22 FY 22/23 FY 22/23 FY 23/24 Dollar Percent
Actual Revised Budget Projected Budget Change Change
Revenues
Measure A Sales Tax 280,170,600$ 275,000,000$ 275,000,000$ 280,000,000$ 5,000,000$ 2%
LTF Sales Tax 150,694,000 150,000,000 150,000,000 155,000,000 5,000,000 3%
STA Sales Tax 29,988,300 30,964,600 39,055,000 38,363,900 7,399,300 24%
Federal Reimbursements 45,608,400 82,205,900 49,581,100 89,308,100 7,102,200 9%
State Reimbursements 156,813,300 148,621,900 167,689,800 82,343,100 (66,278,800) -45%
Local Reimbursements 11,443,300 15,873,500 17,874,200 30,290,000 14,416,500 91%
TUMF Revenue 35,509,000 31,000,000 30,750,000 31,000,000 - 0%
Tolls, Penalties, and Fees 100,992,600 97,771,800 98,794,100 97,989,000 217,200 0%
Other Revenue 3,926,900 707,000 719,100 723,500 16,500 2%
Investment Income (Loss)(17,686,500) 1,168,400 5,103,000 13,305,000 12,136,600 1039%
TOTAL Revenues 797,459,900 833,313,100 834,566,300 818,322,600 (14,990,500) -2%
Expenditures/Expenses
Personnel Salaries and Benefits 13,014,300 17,367,100 16,036,400 17,563,900 196,800 1%
Professional and Support
Professional Services 9,697,800 18,659,800 13,119,700 23,618,500 4,958,700 27%
Support Costs 9,544,200 18,296,200 13,411,800 21,648,300 3,352,100 18%
TOTAL Professional and Support Costs 19,242,000 36,956,000 26,531,500 45,266,800 8,310,800 22%
Projects and Operations
Program Operations 32,467,700 40,768,600 36,179,400 49,582,800 8,814,200 22%
Engineering 10,967,600 30,339,200 18,197,200 33,235,000 2,895,800 10%
Construction 142,507,200 233,601,300 199,423,400 273,036,400 39,435,100 17%
Design Build 74,817,600 74,712,300 62,235,800 37,921,000 (36,791,300) -49%
Right of Way/Land 23,332,900 56,897,300 29,708,400 45,923,500 (10,973,800) -19%
Operating and Capital Disbursements 95,379,500 210,451,900 191,763,900 247,272,300 36,820,400 17%
Special Studies 1,075,100 1,874,200 1,366,600 14,890,000 13,015,800 694%
Local Streets and Roads 84,801,100 83,029,900 83,029,900 84,545,100 1,515,200 2%
Regional Arterials 21,027,000 31,779,000 30,000,000 30,000,000 (1,779,000) -6%
TOTAL Projects and Operations 486,375,700 763,453,700 651,904,600 816,406,100 52,952,400 7%
Debt Service
Principal Payments 30,573,200 31,405,000 31,405,000 32,635,000 1,230,000 4%
Interest Payments 64,039,700 60,351,300 60,351,400 58,781,200 (1,570,100) -3%
Cost of Issuance 3,783,500 - - - - N/A
TOTAL Debt Service 98,396,400 91,756,300 91,756,400 91,416,200 (340,100) 0%
Capital Outlay 6,248,900 8,862,900 6,680,300 7,837,200 (1,025,700) -12%
TOTAL Expenditures/Expenses 623,277,300 918,396,000 792,909,200 978,490,200 60,094,200 7%
Excess (deficiency) of Revenues over
(under) Expenditures/Expenses 174,182,600 (85,082,900) 41,657,100 (160,167,600) (75,084,700) 88%
Other Financing Sources (Uses)
Transfers In 158,254,900 247,462,200 216,171,100 211,674,800 (35,787,400) -14%
Transfers Out (145,116,000) (247,462,200) (216,171,100) (211,674,800) 35,787,400 -14%
Debt Proceeds, Premium Gain (Loss)(6,733,700) - - N/A
Net Financing Sources (Uses)6,405,200 - - - - N/A
Excess (deficiency) of Revenues over
(under) Expenditures/Expenses and Other
Financing Sources (Uses)180,587,800 (85,082,900) 41,657,100 (160,167,600) (75,084,700) 88%
Beginning Fund Balance 1,160,423,900 1,341,011,700 1,341,011,700 1,382,668,800 41,657,100 3%
ENDING FUND BALANCE 1,341,011,700$ 1,255,928,800$ 1,382,668,800$ 1,222,501,200$ (33,427,600)$ -3%
22
Table 19 – Operating and Capital Budget FY 2023/24
FY 23/24 FY 23/24 FY 23/24
Operating Budget Capital Budget TOTAL Budget
Revenues
Measure A Sales Tax 38,641,000$ 241,359,000$ 280,000,000$
LTF Sales Tax 155,000,000 - 155,000,000
STA Sales Tax 38,363,900 - 38,363,900
Federal Reimbursements 19,828,900 69,479,200 89,308,100
State Reimbursements 23,146,000 59,197,100 82,343,100
Local Reimbursements 13,769,800 16,520,200 30,290,000
TUMF Revenue - 31,000,000 31,000,000
Tolls, Penalties, and Fees - 97,989,000 97,989,000
Other Revenue - 723,500 723,500
Investment Income 5,966,200 7,338,800 13,305,000
TOTAL Revenues 294,715,800 523,606,800 818,322,600
Expenditures/Expenses
Personnel Salaries and Benefits 11,572,700 5,991,200 17,563,900
Professional and Support
Professional Services 13,859,500 9,759,000 23,618,500
Support Costs 8,401,400 13,246,900 21,648,300
TOTAL Professional and Support Costs 22,260,900 23,005,900 45,266,800
Projects and Operations
Program Operations 15,269,400 34,313,400 49,582,800
Engineering - 33,235,000 33,235,000
Construction - 273,036,400 273,036,400
Design Build - 37,921,000 37,921,000
Right of Way and Land 6,140,000 39,783,500 45,923,500
Operating and Capital Disbursements 247,272,300 - 247,272,300
Special Studies 14,890,000 - 14,890,000
Local Streets and Roads - 84,545,100 84,545,100
Regional Arterials - 30,000,000 30,000,000
TOTAL Projects and Operations 283,571,700 532,834,400 816,406,100
Debt Service
Principal Payments - 32,635,000 32,635,000
Interest Payments - 58,781,200 58,781,200
TOTAL Debt Service - 91,416,200 91,416,200
Capital Outlay 3,565,000 4,272,200 7,837,200
TOTAL Expenditures/Expenses 320,970,300 657,519,900 978,490,200
Excess (deficiency) of Revenues over
(under) Expenditures/Expenses (26,254,500) (133,913,100) (160,167,600)
Other Financing Sources (Uses)
Transfers In 54,793,700 156,881,100 211,674,800
Transfers Out (61,782,500) (149,892,300) (211,674,800)
Net Financing Sources (Uses)(6,988,800) 6,988,800 -
Excess (deficiency) of Revenues over
(under) Expenditures/Expenses and Other
Financing Sources (Uses)(33,243,300) (126,924,300) (160,167,600)
Beginning Fund Balance 569,628,600 813,040,200 1,382,668,800
ENDING FUND BALANCE 536,385,300$ 686,115,900$ 1,222,501,200$
23
Table 20 – Budget by Fund Type FY 2023/24
FY 23/24
General Fund Special Revenue Capital Projects Debt Service Enterprise TOTAL Budget
Revenues
Measure A Sales Tax -$ 280,000,000$ -$ -$ -$ 280,000,000$
LTF Sales Tax - 155,000,000 - - - 155,000,000
STA Sales Tax - 38,363,900 - - - 38,363,900
Federal Reimbursements 19,221,100 67,274,900 - 2,812,100 - 89,308,100
State Reimbursements 13,541,900 68,801,200 - - - 82,343,100
Local Reimbursements 2,000 22,213,600 - - 8,074,400 30,290,000
TUMF Revenue - 31,000,000 - - - 31,000,000
Tolls, Penalties, and Fees - - - - 97,989,000 97,989,000
Other Revenue - 623,500 - - 100,000 723,500
Investment Income 358,500 10,277,800 248,100 124,100 2,296,500 13,305,000
TOTAL Revenues 33,123,500 673,554,900 248,100 2,936,200 108,459,900 818,322,600
Expenditures/Expenses
Personnel Salaries and Benefits 6,912,700 8,816,900 - - 1,834,300 17,563,900
Professional and Support
Professional Services 5,549,100 14,600,400 - - 3,469,000 23,618,500
Support Costs 4,679,100 6,341,800 - - 10,627,400 21,648,300
TOTAL Professional and Support Costs 10,228,200 20,942,200 - - 14,096,400 45,266,800
Projects and Operations
Program Operations - 24,661,000 - - 24,921,800 49,582,800
Engineering - 33,235,000 - - - 33,235,000
Construction - 269,014,100 - - 4,022,300 273,036,400
Design Build - 36,538,000 - - 1,383,000 37,921,000
Right of Way/Land - 45,923,500 - - - 45,923,500
Operating and Capital Disbursements 47,425,000 199,847,300 - - - 247,272,300
Special Studies 14,890,000 - - - - 14,890,000
Local Streets and Roads - 84,545,100 - - - 84,545,100
Regional Arterials - 30,000,000 - - - 30,000,000
TOTAL Projects and Operations 62,315,000 723,764,000 - - 30,327,100 816,406,100
Debt Service
Principal Payments - - - 32,635,000 - 32,635,000
Interest Payments - - - 36,580,200 22,201,000 58,781,200
TOTAL Debt Service - - - 69,215,200 22,201,000 91,416,200
Capital Outlay 3,410,000 4,342,200 - - 85,000 7,837,200
TOTAL Expenditures/Expenses 82,865,900 757,865,300 - 69,215,200 68,543,800 978,490,200
Excess (deficiency) of Revenues over
(under) Expenditures/Expenses (49,742,400) (84,310,400) 248,100 (66,279,000) 39,916,100 (160,167,600)
Other Financing Sources (Uses)
Transfers In 50,976,300 91,173,300 - 69,215,200 310,000 211,674,800
Transfers Out (5,877,700) (163,506,000) - (2,812,100) (39,479,000) (211,674,800)
Net Financing Sources (Uses)45,098,600 (72,332,700) - 66,403,100 (39,169,000) -
Excess (deficiency) of Revenues over
(under) Expenditures/Expenses and Other
Financing Sources (Uses)(4,643,800) (156,643,100) 248,100 124,100 747,100 (160,167,600)
Beginning Fund Balance 37,228,600 1,101,292,400 22,544,200 11,282,000 210,321,600 1,382,668,800
ENDING FUND BALANCE 32,584,800$ 944,649,300$ 22,792,300$ 11,406,100$ 211,068,700$ 1,222,501,200$
24
Table 21 – Highway, Regional Arterial, Rail, and Regional Conservation Program Projects FY 2023/24
Description
15 COP 2,746,000$
71/91 Connector 300,000
91 eastbound COP 2,000,000
I-15 Express Lanes―Ingress/Egress 1,000,000
I-15 Express Lanes―Southern Extension 8,178,000
MCP 50,000
MCP construction package 5,000,000
MCP I-215/Placentia Avenue Interchange 5,000
Riverside County-Santa Ana River Trail Extension (details presented in Section 3.2 Planning and Programming)1,581,000
Smart Freeways 1,700,000
SR-60 Truck Lanes Habitat Mitigation 500,000
SR-74 corridor ― Ethanac Road 565,000
SR-79 realignment 440,000
SUBTOTAL HIGHWAY ENGINEERING 24,065,000
REGIONAL ARTERIAL ENGINEERING
I-10/Highland Springs Avenue Interchange 1,000,000
I-15/Railroad Canyon Interchange 30,000
Various Western County Measure A regional arterial (MARA) and TUMF regional arterial projects 3,910,000
SUBTOTAL REGIONAL ARTERIAL ENGINEERING 4,940,000
RAIL ENGINEERING
Moreno Valley―March Field Station upgrade 200,000
Perris Valley Line Double Track 2,250,000
Perris Valley Line Layover Facility 1,030,000
Riverside Downtown Station grade crossing 500,000
Riverside Downtown Station track and platform 250,000
SUBTOTAL RAIL ENGINEERING 4,230,000
TOTAL HIGHWAY, REGIONAL ARTERIAL, AND RAIL ENGINEERING 33,235,000$
HIGHWAY CONSTRUCTION
15 Express Lanes (details presented in Section 3.4 Toll Operations)100,000$
15/91 Express Lanes Connector 3,114,000
71/91 Connector 64,000,000
91 Express Lanes (details presented in Section 3.4 Toll Operations)3,922,300
91 Project 1,445,000
Hamner Bridge widening 15,000,000
I-15 Express Lanes Project 497,000
MCP I-215/Placentia Avenue Interchange 550,500
Riverside County―Santa Ana River Trail (details presented in Sections 5.2 Planning and Programming and 5.3 Capital
Projects)35,000
Smart Freeways 12,240,000
SR-60 Truck Lanes 520,000
General (details presented in Section 3.3 Capital Projects)1,900,200
SUBTOTAL HIGHWAY CONSTRUCTION 104,566,400
REGIONAL ARTERIAL CONSTRUCTION
I-15/Railroad Canyon Interchange 231,000
Various Western County MARA and TUMF regional arterial projects 150,864,000
SUBTOTAL REGIONAL ARTERIAL CONSTRUCTION 151,095,000
RAIL CONSTRUCTION
Moreno Valley―March Field station upgrade 17,250,000
Perris Valley Line Station Layover Facility 125,000
SUBTOTAL RAIL CONSTRUCTION 17,375,000
TOTAL HIGHWAY, REGIONAL ARTERIAL, AND RAIL CONSTRUCTION 273,036,400$
25
Table 21 - Highway, Regional Arterial, Rail, and Regional Conservation Program Projects FY 2023/24, continued
Description
HIGHWAY DESIGN BUILD
15/91 Express Lanes Connector 33,073,000$
91 Express Lanes (details presented in Section 3.4 Toll Operations)203,000
91 Express Lanes eastbound lane to McKinley Avenue (details presented in Section 3.4 Toll Operations )1,180,000
91 Project 440,000
I-15 Express Lanes Project 542,000
I-15 Express Lanes―Northern Extension 483,000
I-15 Express Lanes―Southern Extension 2,000,000
TOTAL HIGHWAY DESIGN BUILD 37,921,000$
HIGHWAY RIGHT OF WAY AND LAND
15/91 Express Lanes connector 55,000$
60/215 East Junction high occupancy vehicle (HOV) lane connectors 25,000
71/91 Connector 640,000
91 Project 700,000
I-15 Express Lanes Project 198,000
I-215 corridor improvements (central segment)/Scott Road to Nuevo Road 250,000
Jurupa Avenue grade separation 1,000,000
McKinley Avenue grade separation 2,400,000
MCP 5,150,000
MCP I-215/Placentia Avenue Interchange 20,862,000
Pachappa Underpass 4,000
Riverside County―Santa Ana River Trail Extension (details presented in Section 3.2 Planning and Programming)4,440,000
SR-60 Truck Lanes Habitat Mitigation 25,000
SR-91 HOV lanes/Adams Street to 60/91/215 interchange 30,000
General (details presented in Section 3.3 Capital Projects)150,500
SUBTOTAL HIGHWAY RIGHT OF WAY AND LAND 35,929,500
REGIONAL ARTERIAL RIGHT OF WAY AND LAND
I-10/Highland Springs Avenue Interchange 10,000
I-15/Railroad Canyon Interchange 10,000
Various Western County MARA and TUMF regional arterial projects 7,814,000
SUBTOTAL REGIONAL ARTERIAL RIGHT OF WAY AND LAND 7,834,000
RAIL RIGHT OF WAY AND LAND
Moreno Valley―March Field station upgrade 10,000
Perris Valley Line double track 150,000
General 300,000
SUBTOTAL RAIL RIGHT OF WAY AND LAND 460,000
REGIONAL CONSERVATION RIGHT OF WAY AND LAND
Regional Conservation acquisition consultant costs (details presented in Section 3.2 Regional Conservation)1,700,000
TOTAL HIGHWAY, REGIONAL ARTERIAL, RAIL, AND REGIONAL CONSERVATION RIGHT OF WAY AND LAND 45,923,500$
GRAND TOTAL HIGHWAY, REGIONAL ARTERIAL, RAIL, AND REGIONAL CONSERVATION PROGRAMS 390,115,900$
26
1
PROPOSED BUDGET
FISCAL YEAR 2023/24
COMMISSION MEETING
MAY 10, 2023
Sergio Vidal, Chief Financial Officer
2
Agenda
•Outline of Budget Process
•FY 2023/24 Budget Overview
•Capital Project Development and Delivery
•Measure A Cap
•Next Steps
3
Budget Process
Budget
Development
Budget
Compilation
Budget Review
and Adoption
•Resource Estimation
•Commission Goals
•Department Goals and
Budget Development
•Analysis
•Reconciliation
•Initial: Executive
summary
•Final: Budget document
4
FY 2023/24 Budget Considerations
Sales tax, LTF and TUMF revenues
•Use of Measure A and TUMF revenues for project expenditures and
related debt service
•Use of LTF/STA revenues for transit operations and capital needs
RCTC projects and programs
•Use of accumulated reserves for projects and programs, as necessary
•Flexibility to change scope and timing of capital projects
•Significant outsourcing of engineering and operations
5
FY 2023/24 Budget Summary
FY 2023/24
Beginning Fund Balance (7/1/2023)1,382,668,800$
Revenues 818,322,600
Transfers In 211,674,800
Total Estimated Sources 1,029,997,400
Expenditures/Expenses (887,074,000)
Debt Service (91,416,200)
Transfers Out (211,674,800)
Total Estimated Uses (1,190,165,000)
Uses Over Sources (offset by beginning fund balance)(160,167,600)
Ending Fund Balance (6/30/2024)1,222,501,200$
6
Revenues/Sources Breakdown
FY 2022/23 FY 2022/23 FY 2023/24
Revised Budget Projected Budget
Measure A Sales Tax 275,000,000$ 275,000,000$ 280,000,000$
LTF Sales Tax 150,000,000 150,000,000 155,000,000
STA Sales Tax, including SGR 30,964,600 39,055,000 38,363,900
Intergovernmental 246,701,300 235,145,100 201,941,200
TUMF Revenue 31,000,000 30,750,000 31,000,000
Tolls, Penalties, and Fees 97,771,800 98,794,100 97,989,000
Other Revenue 707,000 719,100 723,500
Investment Income 1,168,400 5,103,000 13,305,000
Transfers In 247,462,200 216,171,100 211,674,800
TOTAL Sources 1,080,775,300$ 1,050,737,400$ 1,029,997,400$
7
Revenues/Sources Comparison
$-
$100
$200
$300
$400
$500
$600
$700
Mil
l
i
o
n
s
FY 2022/23 Revised Budget
FY 2022/23 Projected
FY 2023/24 Budget
8
Expenditures/Expenses by Department
FY 2022/23 FY 2022/23 FY 2023/24
Revised Budget Projected Budget
Capital Highway, Rail, and Regional Arterials 537,782,500$ 443,289,400$ 543,312,400$
Capital Local Streets and Roads 83,029,900 83,029,900 84,545,100
Commuter Assistance 4,640,100 4,429,700 6,819,200
Debt Service 91,756,300 91,756,400 91,416,200
Management Services 24,684,200 21,211,600 26,109,100
Motorist Assistance 9,560,300 7,363,400 8,952,100
Planning and Programming 10,683,600 8,606,500 29,600,500
Public and Specialized Transit 202,068,600 185,862,300 243,247,900
Rail Maintenance and Operations 53,671,400 47,896,500 59,091,100
Regional Conservation 11,628,900 11,628,900 11,249,600
Toll Operations 136,352,400 105,139,600 85,821,800
TOTAL Expenditures/Expenses 1,165,858,200$ 1,010,214,200$ 1,190,165,000$
9
Capital Project Development & Delivery
Department Highlights
15/91 Express Lanes Connector
I-15 Express Lanes –Southern Extension
I-15 Corridor Operations Project
SR-91 eastbound Corridor Operations Project
SR-91 Project close out
Mid County Parkway
71/91 Connector Project
Smart Freeway Projects
On-Call Regional Arterial Projects
10
Expenditures/Expenses Comparison
$-
$50
$100
$150
$200
$250
$300
$350
$400
$450
$500
$550
$600
$650
$700
$750
$800
Mil
l
i
o
n
s
FY 2022/23 Revised Budget
FY 2022/23 Projected
FY 2023/24 Budget
11
Expenditures/Expenses by Function
FY 2022/23 FY 2022/23 FY 2023/24 Percent
Revised Budget Projected Budget Change
Salaries and Benefits 17,367,100$ 16,036,400$ 17,563,900$ 1%
Professional Services 18,659,800 13,119,700 23,618,500 27%
Support Costs 18,296,200 13,411,800 21,648,300 18%
Projects and Operations 763,453,700 651,904,600 816,406,100 7%
Debt Service 91,756,300 91,756,400 91,416,200 0%
Capital Outlay 8,862,900 6,680,300 7,837,200 -12%
TOTAL Expenditures/Expenses 918,396,000$ 792,909,200$ 978,490,200$ 7%
*Excludes transfers out
12
Measure A Cap on administrative costs
$1,283,800 ,
Salaries and
Benefits, 0.46%
$2,351,600 ,
Administrative
Costs, 0.84%
FY 2023/24
Budget
Administrative salaries & benefits cap 1%; Total administrative costs cap 4%
13
Next Steps
Close public hearing and adopt budget June 14, 2023
Review the final budget draft, close the public hearing, and adopt the final budget
Open public hearing May 10, 2023
Receive input on the proposed budget and open the public hearing
Continue monitoring revenues and costs
Measure A administrative salaries and benefits
Funding needs for projects and transit operations
Sales Tax and TUMF revenue trends
Timeliness of federal and state reimbursements
QUESTIONS, DISCUSSION
14
15
Measure A Revenue Program Allocation
16
Expenditures/Expenses by
Function Comparison
$-
$100
$200
$300
$400
$500
$600
$700
$800
Salaries and Benefits Professional Services Support Costs Projects and
Operations
Debt Service Capital Outlay
Mil
l
i
o
n
s
*Excludes transfers out
FY 2022/23 Revised Budget
FY 2022/23 Projected
FY 2023/24 Budget
AGENDA ITEM 7A
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEETING MINUTES
Wednesday, April 12, 2023
1. CALL TO ORDER
The Riverside County Transportation Commission was called to order by
Chair Bob Magee at 9:32 a.m. in the Board Room at the County of Riverside Administrative
Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. Public Comment
Dial-In-Number: 1-669-900-6833 Meeting ID: 843 3689 1259, Passcode: 869862.
2. ROLL CALL
Commissioners/Alternates Present Commissioners Absent
Brian Berkson Bob Magee Ulises Cabrera
Russell Betts Meg Marker Steven Hernandez
Chuck Conder Joseph Morabito Yxstian Gutierrez
Joseph DeConinck Catalino Pining Alonso Ledezma
Waymond Fermon Dana Reed Lisa Middleton
Kathleen Fitzpatrick Jeremy Smith Linda Molina
Sheri Flynn Wes Speake V. Manuel Perez
Raymond Gregory Karen Spiegel James Stewart
Berwin Hanna Michael M. Vargas Cindy Warren
Jan Harnik Lloyd White Chuck Washington
Kevin Jeffries Bill Zimmerman
Linda Krupa
Clint Lorimore*
*Arrived after the meeting was called to order.
At this time, Chair Magee welcomed back city of Norco’s Commissioner Berwin Hanna.
3. PLEDGE OF ALLEGIANCE
Chair Bob Magee led the Commission in a flag salute.
4. PUBLIC COMMENTS
There were no requests to speak from the public.
Commissioner Clint Lorimore joined the Commission meeting.
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Riverside County Transportation Commission Meeting Minutes
April 12, 2023
Page 2
5. ADDITIONS / REVISIONS
Lisa Mobley, Administrative Services Director/Clerk of the Board, announced there was a
revision to Agenda Item 8, “Agreement with the San Bernardino County Transportation
Authority for the Interstate 15 Cross-County Toll Segment” and copies were distributed to
the Commissioners.
6. CONSENT CALENDAR
M/S/C (Gregory/Smith) to approve the following Consent Calendar items.
6A. APPROVAL OF MINUTES – MARCH 8, 2023
6B. MONTHLY INVESTMENT REPORT
1) Receive and file the Monthly Investment Report for the month ended
February 28, 2023.
6C. QUARTERLY REPORTING OF CONTRACT CHANGE ORDERS FOR CONSTRUCTION
CONTRACTS
1) Receive and file the Quarterly Report of Contract Change Orders for
Construction Contracts for the three months ended December 31, 2022.
6D. RIVERSIDE COUNTY TRANSPORTATION COMMISSION FISCAL YEAR 2022/23
SHORT RANGE TRANSIT PLAN AMENDMENTS
1) Approve the reprogramming of a principal amount of $395,275 plus any
interest from the city of Riverside’s (City) Special Transportation Services
Proposition 1B Public Transportation Modernization, Improvement, and
Service Enhancement Account (PTIMSEA) to the Commission’s South Perris
Parking Lot Rehabilitation Project;
2) Approve an allocation of $417,631 from the Federal Transit Administration
(FTA) Section 5339 Program for the South Perris Parking Lot Rehabilitation
Project;
3) Approve the budget amendment and changes to the Commission’s
amended FY 2022/23 Short Range Transit Plan (SRTP) to reflect the above-
mentioned funding revisions;
4) Direct staff to submit the federally funded and regionally significant
projects to the Southern California Association of Governments for
inclusion into the Federal Transportation Improvement Program as
needed for the FTA Program of Projects; and
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Riverside County Transportation Commission Meeting Minutes
April 12, 2023
Page 3
5) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute necessary amended agreements related to these allocations on
behalf of the Commission.
6E. MEASURE A SPECIALIZED TRANSIT PROGRAM COVID-19 AND ECONOMIC RELIEF
FUNDING
1) Approve Amendment No. 1 to Agreement No. 21-26-096-00 with Friends
of Moreno Valley Senior Center, Inc. for an additional $40,050 of Measure
A Specialized Transit funds for a not-to-exceed amount of $337,135;
2) Approve Amendment No. 1 to Agreement No. 21-26-077-00 with Care
Connexus for an additional $57,704 of Measure A Specialized Transit
funds for a not-to-exceed amount of $969,336;
3) Approve Amendment No. 1 to Agreement No. 21-26-076-00 with Care-A-
Van for an additional $50,000 of Measure A Specialized Transit funds for
a not-to-exceed amount of $1,046,884;
4) Approve Amendment No. 1 to Agreement No. 21-026-087-00 with
EXCEED dba Valley Resource Center for an additional $99,600 of Measure
A Specialized Transit funds for a not-to-exceed amount of $344,460; and
5) Authorize Executive Director, or designee, to approve a temporary waiver
of the Measure A Specialized Transit Program match requirement of
34 percent as needed for all recipients in Fiscal Years 2022/23 and
2023/24.
7. RIVERSIDE TRANSIT AGENCY UPDATE FROM CEO KRISTIN WARSINSKI
Kristin Warsinski, Riverside Transit Agency’s (RTA) Chief Executive Officer, presented an
RTA update, highlighting the following areas:
• RTA
o Established as a Joint Powers Agency on August 15, 1975
o Service began on March 16, 1977
o Service area: 2,500 square miles of Western Riverside County
o 18 cities and Supervisorial Districts I, II, III, V
• RTA locations
o Riverside Headquarters, a satellite office in Hemet, contractor locations in
Perris, and provides 648 jobs
• Fixed route bus service
o 32 local fixed routes
− 3 commuter routes – Riverside County, Orange County, and San
Bernardino County
• Dial-A-Ride service
o Curb-to-curb, advanced reservation service for seniors age 65 and above
and persons with disabilities
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April 12, 2023
Page 4
o Partner with: Banning Connect, Beaumont Transit, city of Riverside,
Corona Transit, and other senior/disabled services
• GoMicro
o On-demand service that offers shared rides in the Hemet-San Jacinto
microtransit zone and the Route 44 map was displayed for that area
• Service features
• Bus stops
• Displayed a ridership heat map
o High ridership in Corona, Riverside, Moreno Valley, and Perris
o Consistent ridership in Hemet and San Jacinto, increased with GoMicro
At this time, Charlie Ramirez, RTA’s Chief Financial Officer, presented the RTA’s finances
for this fiscal year, highlighting the following:
• FY 2023 Budget
o Operating Budget: $93,245,222
o Capital Budget: $15,917,364
• FY 2023 Budget funding sources
• New projects:
o GoMobile: Buy passes, pay your fare, plan your trip, check the arrival time
of your next bus, and receive service alerts
• The fareboxes were all replaced on RTA’s fixed route buses
o Easy payment options: Cash and coin, paper magnetic-striped passes,
mobile ticketing, tap-enabled credit/debit card
o Coming soon: Apple Pay and Google Pay, and smartcards
• Fare promotions
• Student eligibility: U-Pass for UC Riverside, Cal Baptist University, and La Sierra
University; and the Go-Pass for Riverside City College, Moreno Valley College,
Norco College, and Mt. San Jacinto College
Kristin Warsinski then presented some of the RTA’s projects looking forward, highlighting
the following:
• Sustainable Service Plan (SSP) – Project purpose
o Update the bus network to better reflect travel post-pandemic
o Hold extensive outreach to capture unmet needs
o March 27, 2023 Board approved SSP for implementation
• Community outreach
• Vine Street Mobility Hub
• Transition to zero-emission buses
• How to stay informed: Website, iAlterts, GoMobile app, BusWatch, Social Media,
and Google transit
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April 12, 2023
Page 5
Kristin Warsinski stated they would like to continue to provide RTA updates yearly and
she thanked the Commission for having them.
Anne Mayer, Executive Director, expressed appreciation to Kristin Warsinski and Charlie
Ramirez for their presentation and for all the work they do. She explained at the February
2023 Commission Workshop several Commissioners talked about the importance of
transit and providing reasonable, feasible, and affordable transit to their constituents and
the conversation today gives an opportunity to see how much the RTA is doing here. It is
exciting to see the new opportunities and the fact that the RTA is on the cutting edge in
so many areas it is really a great partnership between RCTC and the RTA. They are excited
to see how the GoMicro service works because it seems like it has a lot of potential.
Commissioner Wes Speake expressed appreciation for the presentation as it is good to
see how much the RTA is doing. He concurred on the hydrogen with the push that is
happening nationwide with the Hydrogen Hub Program and the state is getting behind
this not just from the government level but from the business side and are seeing a
groundswell of support for it. He stated the GoMicro service seems wonderful and asked
about the expansion for the GoMicro and the criteria for where they go next.
Kristin Warsinski replied the RTA is currently working on their service standards, which
will define a little more how they decide that. For Micro Transit to work properly and
what they have seen is that Micro Transit could not be on Route 1, which is the busiest
route on the corridor. It needs to be an area where there is a definite transit dependency
and some sort of consistent base but not high ridership. There are some areas in Perris
and in Temecula the RTA has looked at and there is a lot of opportunity all throughout
the RTA’s service area to just use it to feed the core network and they will come up with
more defined ways to make that decision in the coming months.
Commissioner Sheri Flynn stated she represents the city of Banning and noticed on the
RTA route it does not go to Banning or Beaumont and asked if it is not offered to Banning
or Beaumont since they have their own transit in Banning.
Kristin Warsinski replied that the cities of Banning and Beaumont have their local routes
that serve their cities specifically and they have a connecting place between the two cities
and the RTA has Route 31 which goes from Moreno Valley through the Pass Area, down
to Hemet and San Jacinto and it stops both at the Beaumont Walmart and in Banning by
Sun Lakes and the Rite Aid. The RTA does more of the regional over there so if they need
to get out of the Pass Area they can go to Moreno Valley and then connect to Riverside.
Governor’s Appointee Catalino Pining, Caltrans District 8, stated Caltrans is looking for
opportunities to partner with a transit agency and used the transit signal priority on state
routes as an example and he would like to discuss with the RTA if there is any opportunity
along state routes that Caltrans can help with the operation.
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April 12, 2023
Page 6
Commissioner Chuck Conder stated he travels the city a lot and even before the pandemic
he has never seen more than four or five people in a bus and asked if the RTA has looked
at going to smaller buses that might be more fuel efficient.
Kristin Warsinski replied their contracted fixed route has smaller buses and currently
there is not a federally approved zero emission engine and at this point it is unclear how
they would go to hydrogen so those are CNG for now. The 40-foot buses are directly
operated which is in the coach operators’ memorandum of understanding, so it would
take a negotiation with the union to change the size of the bus they drive, but it is
something the RTA could look at.
M/S/C to:
1) Receive an update from CEO Kristin Warsinski.
8. AGREEMENT WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR
THE INTERSTATE 15 CROSS-COUNTY TOLL SEGMENT
David Thomas, Toll Project Delivery Director stated he also has Sergio Vidal, Chief
Financial Officer, and Rick Grebner, Parsons, to help answer questions. He then presented
the Interstate 15 Cross-County Toll Segment with the San Bernardino County
Transportation Authority (SBCTA), highlighting the following:
• Project background
o RCTC
91 Corridor Improvement Project
15 Express Lanes Project
15/91 Express Lanes Connector
15 Express Lanes Project – Southern Extension
• SBCTA
o 10 Express Lanes Project (Contract 1)
o 10 Express Lanes (Future Contracts)
o 15 Express Lanes (Contract 1)
o 15 Express Lanes (Future Contracts)
• Displayed the Candidate Express Lane Network Map (SCAG 2024 RTP)
• SBCTA Interstate 15 Corridor and Freight Express Lanes Project background and a
map
• I-15 Cross-County Toll Segment Project background and a map
• Cooperative agreement and other agreements
• Transportation Infrastructure Finance and Innovation Act (TIFIA) Due Diligence
Review
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Riverside County Transportation Commission Meeting Minutes
April 12, 2023
Page 7
David Thomas provided an update that the TIFIA consent was received this morning and
is expected to be fully executed later this month with the completion of all agreements
and it is not anticipated that staff will need to return to the Commission on this item.
• A figure of the access improvements near Cantu-Galleano Ranch Road and cost
summary
• SBCTA reimbursement
Anne Mayer stated staff has been working on these agreements for over three years and
the goal has always been to create a cooperative arrangement with SBCTA that was
beneficial to the traveling public. The entire goal has been to build a project that operates
seamlessly, that is responsible with relationship to RCTC’s financial obligations on RCTC’s
existing financing. She acknowledged David Thomas, Sergio Vidal, Rick Grebner, Jennifer
Crosson, Toll Operations Director, and the teams for the hard work as they have been
professional, focused on a problem-solving mode to find a way to meet all the criteria,
and for their diligence. She recognized the TIFIA Office for receiving their consent this
morning it is a relief to have the consent of the U.S. Department of Transportation to
move forward and thankful for the collaboration with SBCTA.
M/S/C (Reed/Spiegel) to:
1) Approve Agreement No. 23-31-028-00 with the San Bernardino County
Transportation Authority (SBCTA) detailing project terms during design
and construction phases and operations for the proposed Interstate 15
(I-15) Cross-County Toll Segment (Project);
2) Approve Agreement No. 17-31-002-03 with the California Department
of Transportation and SBCTA detailing the assignment to SBCTA of the
Commission’s rights and obligations to lease, operate, and maintain a
portion of the Commission’s existing 15 Express Lanes Toll Facility;
3) Approve the Second Supplemental Toll Revenue Indenture to the
Master Indenture (I-15 Toll Road) dated July 1, 2017;
4) Adopt Resolution No. 23-001, “Authorizing the Execution and Delivery
of a Supplemental Toll Revenue Indenture in Connection with the Partial
Assignment of a Portion of the I-15 Toll Express Lanes and Taking of All
Other Actions Necessary in Connection Therewith”;
5) Authorize the Chair or Executive Director, pursuant to U.S. Department
of Transportation (DOT) Transportation Infrastructure Finance and
Innovation Act (TIFIA) office consent and Commission bond and legal
counsel review, to execute the agreements and other required financing
related documents on behalf of the Commission;
6) Authorize the Chair or Executive Director, pursuant to U.S. DOT TIFIA
office consent and Commission bond and legal counsel review, to
execute an agreement between SBCTA and SBCTA’s back-office toll
service provider (TSP), and subsequent amendments or new
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Riverside County Transportation Commission Meeting Minutes
April 12, 2023
Page 8
agreements with any successor back-office TSP, to which the
Commission will be signatory to ensure that revenues are transferred
annually from SBCTA through its back-office TSP to the Commission;
7) Authorize the allocation to SBCTA of approximately $14 million in
federal Congestion Mitigation and Air Quality (CMAQ) funds for design
and construction phase costs for 15 Express Lane access improvements
near Cantu-Galleano Ranch Road for the Project;
8) Authorize the transfer of $310,000 in Measure A (Economic
Development) funds to the 15 Express Lanes to account for construction
impacts related to 15 Express Lanes access improvements near Cantu-
Galleano Ranch Road;
9) Authorize the allocation of a contingency amount not to exceed $1
million in federal CMAQ funds for 15 Express Lane access improvements
near Cantu-Galleano Ranch Road; and
10) Authorize the Executive Director, or designee, to approve contingency
work as may be required for the Project.
9. STATE AND FEDERAL LEGISLATIVE UPDATE
David Knudsen, External Affairs Director, presented an update for the state and federal
legislative activities.
M/S/C to:
1) Receive and file a state and federal legislative update.
10. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION
There were no items pulled from the Consent Calendar.
11. EXECUTIVE DIRECTOR’S REPORT
Anne Mayer:
• Reminded the Commissioners as they travel to Sacramento and Washington, D.C.
if there is a transportation issue that needs to be raised to contact RCTC for key
talking points or for any information that is needed to share while on those trips.
• Reported that she, Aaron Hake, Deputy Executive Director, David Knudsen, Joie
Edles Yanez, Capital Projects Manager, and Lorelle Moe-Luna, Multimodal Services
Director, all traveled to the city of Blythe on April 11. She thanked Commissioner
Joey DeConinck for the hospitality. They had met with several members from the
city council, city staff, and the transit agency to discuss important transportation
issues for the city of Blythe.
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Riverside County Transportation Commission Meeting Minutes
April 12, 2023
Page 9
12. COMMISSIONER COMMENTS
12A. Commissioner Joey DeConinck thanked Anne Mayer and staff for coming to the
city of Blythe. They were able to see all the freeway construction happening out
there.
12B. Commissioner Jan Harnik announced the Southern California Association of
Governments’ (SCAG) General Assembly is being held on May 4 and 5, 2023 at the
JW Marriott in Palm Desert. SCAG is working on the Regional Transportation Plan
(RTP) Sustainable Communities Strategy or Connect SoCal are having workshops
throughout the region. For the Coachella Valley it will be held on May 2 at the
UCR Satellite in Palm Desert, there will be two workshops so that everyone’s voice
can be heard about their transportation preferences and any input so that the best
RTP can be made. Go to the SCAG website to look for where those workshops will
be to let their community members know and make sure their voices are heard.
12C. Commissioner Waymond Fermon thanked the Commission and his colleagues for
the work that has gone on in the Coachella Valley, the reason being is they have
the Coachella music festivals starting this weekend. The festivals will go for the
next three weeks, and they have seen so many improvements as it pertains to the
impacts of traffic in the area. This is the first year they have the Acrisure Arena
that is along I-10 in this corridor, and they will see some impacts. It will speak to
how important the future is in looking at multiple means of transportation into
the Coachella Valley and to continue to garner support for RCTC’s CV Rail Project
and other interchanges including the Monroe Bridge Interchange Project they are
moving forward with.
12D. Commissioner Kevin Jeffries reported there is a lawsuit that has been filed in the
state of Montana to force the United States Forest Service to stop using Phos-Chek
fire retardant. The claim is that it is not permitted to be dropped because it
violates clean water standards and pollutes the mountain side that they are trying
to stop the fire on. If it is successful, it will have a dramatic impact in their
communities in Riverside County as every community that abuts the National
Forest would no longer have the air dropping capacity provided by the United
States Forest Service as California Department of Forestry and Fire Protection
(CalFire) and the Forest Service use the same facilities and materials so it could
also have an impact in California.
12E. Catalino Pining reported with the significant rain received this past winter Caltrans
has been receiving a lot of complaints regarding potholes and pavement distress.
They are looking at that either by emergency, or their maintenance forces through
their work, or through projects. Starting on April 13 Caltrans is postponing any
activities that will impact traffic during the Coachella festivals unless there is an
emergency that needs to be addressed.
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Riverside County Transportation Commission Meeting Minutes
April 12, 2023
Page 10
12F. Commissioner Speake thanked Catalino Pining for the upcoming project on the
southbound I-15 between Old Temescal Road and Ontario as there is going to be
a new auxiliary lane. That project will be kicked off soon and will be out to bid in
a few years. He is delighted to see Catalino Pining in his role and his broad
experience with the district and is looking forward to working with Mr. Pining on
continuing those auxiliary lanes in that direction.
12G. Commissioner Chuck Conder announced on April 22-23, 2023 the Air Show returns
to March Air Reserve Base for the first time in five years. Gates open at 8:00 a.m.,
free parking, and free admission to the show on the main base side.
13. ADJOURNMENT
There being no further business for consideration by the Riverside County Transportation
Commission, Chair Magee adjourned the meeting at 10:34 a.m. The next Commission
meeting is scheduled to be held at 9:30 a.m. on Wednesday, May 10, 2023.
Respectfully submitted,
Lisa Mobley
Administrative Services Director /
Clerk of the Board
36
AGENDA ITEM 7B
Agenda Item 7B
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM:
Budget and Implementation Committee
Alicia Johnson, Senior Procurement Analyst
Jose Mendoza, Procurement Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Single Signature Authority Report
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
1) Receive and file the Single Signature Authority report for the third quarter ended
March 31, 2023.
BACKGROUND INFORMATION:
Certain contracts are executed under single signature authority as permitted in the Commission’s
Procurement Policy Manual adopted in March 2021. The Executive Director is authorized to sign
services contracts that are less than $250,000 individually and in an aggregate amount not to
exceed $2 million in any given fiscal year. Additionally, in accordance with Public Utilities Code
Section 130323(c), the Executive Director is authorized to sign contracts for supplies, equipment,
materials, and construction of all facilities and works under $50,000 individually.
The attached report details all contracts that have been executed for the third quarter ended
March 31, 2023, under the single signature authority granted to the Executive Director.
The unused capacity of single signature authority for services as of March 31, 2023, is $1,550,231.
Attachment: Single Signature Authority Report as of March 31, 2023
37
CONTRACT #
CONSULTANT DESCRIPTION OF SERVICES ORIGINAL CONTRACT
AMOUNT PAID AMOUNT REMAINING
CONTRACT AMOUNT
AMOUNT AVAILABLE July 1, 2022
$2,000,000.00
22-45-099-00 California Highway Patrol Call Box Coordinator Services 15,900.00 1,354.00 14,546.00
19-31-030-04 Arcadis I-15/Railroad Canyon Interchange Project 214,293.00 123,253.00 91,040.00
23-65-045-00 KOA Corporation 2022/2023 SCAG's County Transportation Commission REAP 2.0 Grant Writing
Services 70,630.00 41,025.00 29,605.00
22-62-008-02 Center for Transportation and the
Environment, Inc
Implementation Plan Services for the Riverside County Zero-Emission Bus Rollout
and Implementation Plans
48,946.00 0.00 48,946.00
23-31-054-00 RailPros SR 71/SR91 Flagging Services 100,000.00 0.00 100,000.00
AMOUNT USED 449,769.00
$1,550,231.00
None N/A $- $- $-
Alicia Johnson Matthew Wallace
Prepared by Reviewed by
SINGLE SIGNATURE AUTHORITY
AS OF MARCH 31, 2023
Note: Shaded area represents new contracts listed in the third quarter.
AMOUNT REMAINING through March 31, 2023
Agreements that fall under Public Utilities Code 130323 (C)
38
AGENDA ITEM 7C
Agenda Item 7C
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM:
Budget and Implementation Committee
Megan Kavand, Senior Financial Analyst
Sergio Vidal, Chief Financial Officer
THROUGH: Anne Mayer, Executive Director
SUBJECT: Monthly Investment Report
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
1) Receive and file the Monthly Investment Report for the month ended March 31, 2023.
BACKGROUND INFORMATION:
The Commission’s investment reports have generally reflected investments primarily
concentrated in the Riverside County Pooled Investment Fund as well as investments in mutual
funds for sales tax revenue bonds debt service payments.
As a result of significant project financings such as the State Route 91 Corridor Improvement
Project (91 Project or 91 CIP) and the Interstate 15 Express Lanes Project (I-15 ELP), the
Commission engaged MetLife Investment Management, LLC, formerly Logan Circle Partners, L.P.
(MetLife), as the investment manager for the bond proceeds and other required funds.
Additionally, the Commission engaged Payden & Rygel Investment Management (Payden &
Rygel) to make specific investments for Commission operating funds. The Commission approved
initial agreements with the investment managers in May 2013 following a competitive
procurement and has extended the agreements through the annual recurring contracts process.
MetLife invested the debt proceeds and subsequent other required contributions for the 91
Project and I-15 ELP in separate accounts of the Short-Term Actively Managed Program (STAMP).
The Commission completed the 91 Project financing in 2013, the I-15 ELP and 91 Project
completion financing (2017 Financing) in July 2017 and the 2021 91 Project refinancing
(2021 Financing) in October 2021. Consistent with financing expectations, the Commission
expended all 91 Project debt proceeds and equity contributions, except for the toll revenue
bonds debt service reserve, and subsequent to commencement of operations, established other
required accounts. The Commission continues to expend the 2017 Financing bond proceeds on
the I-15 ELP and funded required reserve accounts.
39
Agenda Item 7C
The monthly investment report for March 2023, as required by state law and Commission policy,
reflects the investment activities resulting from the 91 Project, 2017 Financing, 2021 Financing
and available operating cash. As of March 31, 2023, the Commission’s cash and investments
were comprised of the following:
CASH AND INVESTMENTS PORTFOLIO AMOUNTS 1
Operating $ 837,558,729
Trust 274,296,985
Commission-managed 190,294,038
STAMP for 91 CIP 57,546,887
STAMP for 2017 Financing 30,974,268
Total $ 1,390,670,907
Note: 1 Unreconciled and unaudited
As of March 31, 2023, the Commission’s cash and investments are in compliance with both the
Commission’s investment policy adopted on December 14, 2022, and permitted investments
described in the indenture for the Commission’s sales tax revenue bonds and the master
indentures for the Commission’s toll revenue bonds. Additionally, the Commission has adequate
cash flows for the next six months.
FISCAL IMPACT:
This is an information item. There is no fiscal impact.
Attachment: Investment Portfolio Report
40
Riverside County Transportation Commission
Investment Portfolio Report
Period Ended: March 31, 2023
STATEMENT
BALANCE 1 FINANCIAL
INSTUTION STATEMENTS
RATING
MOODYS /
S&P
COUPON
RATE
PAR
VALUE
PURCHASE
DATE
MATURITY
DATE
YIELD TO
MATURITY
PURCHASE
COST
MARKET
VALUE
UNREALIZED
GAIN (LOSS)
OPERATING FUNDS
City National Bank Deposits 9,069,614 City National Bank Available upon request A3/BBB+N/A N/A
County Treasurer's Pooled Investment Fund 828,489,115 County Treasurer Available upon request
Subtotal Operating Funds 837,558,729
FUNDS HELD IN TRUST
County Treasurer's Pooled Investment Fund:
Local Transportation Fund 274,296,985 County Treasurer Available upon request
Subtotal Funds Held in Trust 274,296,985
COMMISSION MANAGED PORTFOLIO
US Bank Payden & Rygel Operating 54,633,738 US Bank Available upon request
First American Government Obligation Fund 135,660,300 US Bank Available upon request N/A N/A N/A
Subtotal Commission Managed Portfolio 190,294,038
STAMP PORTFOLIO for 91 CIP
2013 Series A & Series B Reserve Fund 12,564,346 US Bank Available upon request
2021 Series B Reserve Fund 37,421,365 US Bank Available upon request
2021 Series C Reserve Fund 7,561,176 US Bank Available upon request
Subtotal STAMP Portfolio - 91 CIP 57,546,887
STAMP PORTFOLIO for 2017 Financing
Sales Tax I15 ELP Project Revenue Fund 15,502,349 US Bank Available upon request
Ramp Up Fund 15,471,919 US Bank Available upon request
Subtotal STAMP Portfolio - 2017 Financing 30,974,268
TOTAL All Cash and Investments 1,390,670,907$
Notes:
1 Unreconciled and unaudited
Available upon request
Available upon request
Available upon request
Available upon request
Available upon request
Available upon request
Available upon request
Available upon request
$-
$100,000,000
$200,000,000
$300,000,000
$400,000,000
$500,000,000
$600,000,000
$700,000,000
$800,000,000
$900,000,000
STAMP Portfolio for 91 CIP Reserve - 0.9%
STAMP Portfolio for 91 CIP Residual Fund - 2.69%
STAMP Portfolio for 91 CIP TIFIA Reserve Fund - 0.54%
STAMP Portfolio for 2017 Financing I15 ELP Project Revenue Fund
- 1.11%
STAMP Portfolio for 2017 Financing Ramp Up Fund - 1.11%
Commission Managed Portfolio - 13.68%
Trust Funds - 19.72%
Operating Funds - 60.23%
Nature of Investments Mutual Funds,
9.76%
County
Pool/Cash,
79.95%
Fixed Income ,
10.29%
41
AGENDA ITEM 7D
Agenda Item 7D
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM: Budget and Implementation Committee
Matt Wallace, Deputy Director of Financial Administration
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreement for Sales Tax Audit and Reporting Services
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 23-19-040-00 with MuniServices an Avenue Insights and
Analytics Company (MuniServices) to provide sales tax audit and reporting services for a
three-year term, and one two-year option to extend the agreement in an amount not to
exceed $110,000;
2) Adopt Resolution No. 23-002, “Authorization of the Riverside County Transportation
Commission to Examine Transactions and Use Tax Records”; and
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement, on behalf of the Commission.
BACKGROUND INFORMATION:
The Measure A sales tax revenues is the largest revenue source for the Commission. Sales tax
audit and recovery services are critical to ensure the Commission secures lost revenues, identifies
non-compliance, and is able to project Measure A sales tax in current and future years. These
services will allow staff to assess factors and trends that impact sales tax, recover revenue from
businesses due to misreporting or failure to report sales tax, and forecast Measure A sales tax
revenues. Additionally, these services will include legislative advocacy for legislation impacting
sales taxes.
Consistent with the Commission’s philosophy of operating with a lean staff, the Commission
relies on consultants to analyze short-term trends in taxable sales and related sales tax revenues
on a timely basis or to ensure that the Commission is receiving the correct sales tax revenues.
Therefore, in order to ensure the correct collection, allocation, and distribution of Measure A
sales taxes, the Commission requires the services of a professional, qualified firm that specializes
in revenue enhancement services consisting of sales and use tax audits and providing timely sales
tax analysis.
42
Agenda Item 7D
DISCUSSION:
Staff conducted a formal, competitive procurement process, in accordance with the
Commission’s Procurement Policy Manual, to obtain sales tax audit and reporting services.
Procurement Process
Staff determined the weighted factor method of source selection to be the most appropriate for
this procurement, as it allows the Commission to identify the most advantageous proposal with
price and other factors considered. Non-price factors include elements such as qualifications of
firm and personnel and understanding and approach for sales tax audit and reporting services as
set forth under the terms of Request for Proposals (RFP) No. 23-19-040-00.
RFP No. 23-19-040-00 for Sales Tax Audit and Reporting Services was released by staff on January
19, 2023. The RFP was posted on the Commission’s PlanetBids website, which is accessible
through the Commission’s website. Utilizing PlanetBids, emails were sent to 341 firms, zero (0)
of which are located in Riverside County. Through the PlanetBids site, 11 firms downloaded the
RFP. Staff responded to all questions submitted by potential proposers by February 2, 2023. Two
firms – HdL (Brea, CA) and MuniServices (Centreville, VA) - submitted responsive proposals prior
to the 2:00 p.m. submittal deadline on February 16, 2023. Utilizing the evaluation criteria set
forth in the RFP, all firms were evaluated and scored by an evaluation committee comprised of
Commission staff.
Based on the evaluation committee’s assessment of the written proposals and pursuant to the
terms of the RFP, the evaluation committee shortlisted and invited the two firms to the interview
phase of the evaluation and selection process. Interviews of the shortlisted firms were
conducted March 9, 2023.
As a result of the completion of the evaluation process, the evaluation committee recommends
contract award to MuniServices, as this firm earned the highest total evaluation score. A
summary of the proposed costs submitted with the written proposals and the total evaluation
score rankings following the final evaluation are summarized below:
Firm Annual
Contract Price
Annual Estimated
Recovery Cost
Overall Ranking
MuniServices $ 22,000 $180,000* 1
HdL $ 4,200 $ 150,000* 2
*The fees paid for these audit services are contingent on the actual recovery of the additional sales tax revenue. The
Annual Estimated Recovery Cost assumes $1m in recoveries per year.
In its role as the Commission’s sales tax audit and reporting services provider, MuniServices will
audit Riverside County businesses’ quarterly sales tax reports and will submit findings to the
California Department of Tax and Fee Administration (CDTFA) for review and determination of
errors of sales tax reporting. Upon the CDTFA’s review and concurrence with the error, which
43
Agenda Item 7D
may take several months, the Commission would receive the additional revenues. The fees paid
to MuniServices for these audit services are contingent on the actual recovery of the additional
sales tax revenue. Based on MuniServices’ proposal, recoveries under $3 million will incur a
higher fee percentage of 18 percent, while higher recoveries will be paid at a fee percentage that
declines to 12 percent for recoveries over $10 million.
MuniServices has also proposed providing sales tax analysis reporting service (STARS) on a
quarterly basis. This would include sales tax analysis reports, sales tax tracking and analysis
software updates, short-term sales tax forecast updates, and face-to-face sales tax review and
training sessions. The annual fees for the STARS service would be $22,000.
While Hdl’s cost is lower and both Hdl and MuniServices perform sales tax audit services for the
sales tax revenues allocated to cities and counties, MuniServices specializes in district taxes and
local Bradley Burns sales taxes, has long-term Riverside County experience and knowledge, and
works closely with the CDTFA on all phases of sales, use and district tax discovery and correction.
MuniServices’ data analytics, accurate forecasting, concise reporting tools have allowed the
Commission to maximize revenues and make informed business decisions. Additionally,
MuniServices would provide, at no additional charge, government relations services designed to
keep the Commission well-informed of legislative activities that may threaten revenues.
Furthermore, MuniServices has extensive experience with regional transportation agencies such
as Orange County Transportation Authority, Los Angeles Metropolitan Transit Authority, San
Diego Association of Governments, and Santa Clara Valley Transportation Authority.
MuniServices is able to leverage experience within the region to identify trends that may impact
the County of Riverside Sales Tax (Measure A).
Since 2008, MuniServices has recovered approximately $15 million for the Commission. Based
on the technology and enhanced discovery tools recently implemented by MuniServices along
with leveraging the fifteen years of experience analyzing Measure A sales tax trends, the
expectation is for the firm to continue strong collections on behalf of the Commission.
The proposed sales tax audit services may result in additional sales tax revenues that may have
otherwise not been paid. Staff believes MuniServices offers the best value given their knowledge
and expertise of both district sales tax and local sales tax, innovative tools, accurate forecasting,
and history of providing similar services to other California transportation agencies. Accordingly,
staff recommends that Agreement No. 23-19-40-00 be awarded to MuniServices for an initial
term of three years plus one two-year option for sales tax audit services contingent on sales tax
revenue recoveries and for STARS at an annual fee of $22,000 and a five-year cost of $110,000.
The resolution accompanying this staff report must also be adopted by the Commission and
submitted to the CDTFA to designate MuniServices as authorized by the Commission to examine
the records of the CDTFA.
The Commission’s standard form professional services agreement, with the added provisions
required by law related to access sales or transactions and use tax records, will be entered into
with MuniServices subject to any changes approved by the Executive Director, pursuant to legal
44
Agenda Item 7D
counsel review. Staff also recommends authorization for the Chair or Executive Director to
finalize and execute the agreement.
FISCAL IMPACT:
This project has a budget of $ 110,000 for up to a five-year period. Funding for this project is
comprised of Measure A.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2023-24+
Amount: $ 110,000
Source of Funds: Measure A Budget Adjustment: No
N/A
GL/Project Accounting No.: 001001 65520 00000 0001 101 19 65520
Fiscal Procedures Approved:
Date: 04/14/2023
Attachments:
1) Resolution No. 23-002, “Authorization of the Riverside County Transportation Commission
to Examine Transactions and Use Tax Records”
2) Agreement No. 23-19-040-00 with MuniServices, LLC.
Approved by the Budget and Implementation Committee on April 24, 2023
In Favor: 10 Abstain: 0 No: 0
45
RESOLUTION NO. 23-002
AUTHORIZATION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO EXAMINE
TRANSACTIONS AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 88-1 and No. 02-001 of the Riverside County
Transportation Commission (Commission) and Section 7270 of the Revenue and Taxation Code,
the Commission has a contract with the California Department of Tax and Fee Administration
(defined in the Revenue and Taxation Code as the “Board”) to perform all functions incident to
the administration and operation of the Transactions and Use Tax Ordinance; and
WHEREAS, the Commission deems it desirable and necessary for authorized
representatives of the Commission to examine confidential transactions and use tax records of
the Board pertaining to transactions and use taxes collected by the Board for the Commission
pursuant to that contract; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of Board records and establishes criminal
penalties for the unlawful disclosure of information contained in or derived from, the
transactions and use tax records of the Board;
NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:
Section 1. That the Executive Director or Chief Financial Officer of the Commission are
hereby designated by the Board of Commissioners to the Board to represent the Commission
with authority to examine transactions and use tax records of the Board pertaining to
transactions and use taxes collected for the Commission by the Board pursuant to the contract
between the Commission and the Board. The information obtained by examination of Board
records shall be used only for purposes related to the collection of the Commission’s
transactions and use taxes by the Board pursuant to the contract.
Section 2. That the Executive Director or Chief Financial Officer of the Commission are
hereby designated by the Board of Commissioners to the Board to represent the Commission
with authority to examine those transactions and use tax records of the Board for purposes
related to the following governmental functions of the Commission:
a)Review of sales tax records to ensure proper allocation and remittance to the
Commission;
b)Economic development; and
c)Other governmental functions as required by the Commission.
The information obtained by examination of Board records shall be used only for those
governmental functions of the Commission listed above, and only as permitted by law.
ATTACHMENT 1
46
Section 3. That MuniServices, LLC is hereby designated to examine the transactions and
use tax records of the Board pertaining to transactions and use taxes collected for the
Commission by the Board. The person or entity designated by this section meets all of the
following conditions:
a) Has an existing contract with the Commission to examine those transactions and
use tax records;
b) Is required by that contract to disclose information contained in, or derived from
those transactions and use tax records only to the officer or employee
authorized under Section 1 and Section 2 of this resolution to examine the
information;
c) Is prohibited by that contract from performing consulting services for a retailer
during the term of that contract;
d) Is prohibited by that contract from retaining the information contained in, or
derived from those transactions and use tax records after that contract has
expired.
BE IT FURTHER RESOLVED that the information obtained by examination of Board
records shall be used only for purposes related to the collection of Commission’s transactions
and use taxes by the Board pursuant to the contracts between the Commission and Board.
ADOPTED this 10th day of May, 2023.
Robert E. Magee, Chair
Riverside County Transportation Commission
ATTEST:
Lisa Mobley, Clerk of the Board
Riverside County Transportation Commission
47
17336.00000\32845205.2
Agreement No. 23-19-040-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR SALES TAX AUDIT & REPORTING SERVICES
WITH MUNISERVICES, LLC.
1.PARTIES AND DATE.
This Agreement is made and entered into this day of , 2023, by
and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Co-
mmission") and MUNISERVICES ("Consultant"), a CORPORATION.
2.RECITALS.
2.1 Consultant desires to perform and assume responsibility for the
provision of certain professional consulting services required by Commission on the terms
and conditions set forth in this Agreement. Consultant represents that it is a professional
consultant, experienced in providing Transaction and Use Tax services to public clients, is
licensed in the State of California, and is familiar with the plans of Commission.
2.2 Commission desires to engage Consultant to render certain consulting
services for the Transaction and Use Tax (hereinafter referred to as (“Sales and Use Tax")
Audit and Analysis Project ("Project") as set forth herein.
3.TERMS.
3.1 General Scope of Services. Consultant promises and agrees to
furnish to Commission all labor materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately provide professional consulting services
and advice on various issues affecting the decisions of Commission regarding the Project
and on other programs and matters affecting Commission, hereinafter referred to as
"Services". The Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state, and federal laws, rules and regulations.
3.2 Term. The term of this Agreement shall be from the date first specified
above to ______________, unless earlier terminated as provided herein. Commission
shall pay Consultant in accordance with Exhibit "C", as set forth in this Agreement.
ATTACHMENT 2
48
17336.00000\32845205.2
2
3.3 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, the Commission shall respond to Consultant's
submittals in a timely manner. Upon request of the Commission, Consultant shall provide a
more detailed schedule of anticipated performance to meet the Schedule of Services.
3.4 Independent Contractor; Control and Payment of Subordinates. The
Services shall be performed by Consultant under its supervision. Consultant will determine
the means, method and details of performing the Services subject to the requirements of
this Agreement. Commission retains Consultant on an independent contractor basis and
Consultant is not an employee of Commission. Consultant retains the right to perform
similar or different services for others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Consultant shall not
be employees of Commission and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, and workers' compensation insurance.
3.5 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of Commission.
3.6 Substitution of Key Personnel. Consultant has represented to
Commission that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant may
substitute other personnel of at least equal competence and experience upon written
approval of Commission. In the event that Commission and Consultant cannot agree as to
the substitution of key personnel, Commission shall be entitled to terminate this Agreement
for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for
performance of this Agreement are as follows: __________________________________.
3.7 Commission’s Representative. Commission hereby designates the
Chief Financial Officer, or his or her designee, to act as its representative for the
performance of this Agreement ("Commission’s Representative"). Commission's
representative shall have the power to act on behalf of Commission for all purposes under
this Agreement. Consultant shall not accept direction from any person other than
Commission's Representative or his or her designee.
3.8 Consultant’s Representative. Consultant hereby designates Carl
Kumpf, or his or her designee, to act as its representative for the performance of this
Agreement ("Consultant’s Representative"). Consultant’s Representative shall have full
49
17336.00000\32845205.2
3
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant’s Representative shall supervise and direct the Services,
using his or her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions
of the Services under this Agreement.
3.9 Coordination of Services. Consultant agrees to work closely with
Commission staff in the performance of Services and shall be available to Commission's
staff, consultants and other staff at all reasonable times.
3.10 Standard of Care; Licenses. Consultant shall perform the Services
under this Agreement in a skillful and competent manner, consistent with the standard
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned
to them. Finally, Consultant represents that it, its employees and subcontractors have all
licenses, permits, qualifications and approvals of whatever nature that are legally required
to perform the Services and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Consultant shall perform, at its own cost and
expense and without reimbursement from Commission, any Services necessary to correct
errors or omissions which are caused by the Consultant’s failure to comply with the
standard of care provided for herein, and shall be fully responsible to the Commission for
all damages and other liabilities provided for in the indemnification provisions of this
Agreement arising from the Consultant’s errors and omissions.
3.11 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to Commission, Consultant shall be solely responsible for all costs
arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
50
17336.00000\32845205.2
4
3.12 Insurance.
3.12.1 Time for Compliance. Consultant shall not commence work
under this Agreement until it has provided evidence satisfactory to the Commission that it
has secured all insurance required under this section, in a form and with insurance
companies acceptable to the Commission. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has secured all insurance
required under this section.
3.12.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives, employees or
subcontractors. Consultant shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall meet
at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services
Office Commercial General Liability coverage (occurrence form CG 0001 or exact
equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage
(form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other
form with general aggregate limit is used, either the general aggregate limit shall apply
separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) if Consultant has an employees, Workers’ Compensation
and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of
the State of California. Employer’s Practices Liability limits of $1,000,000 per accident.
3.12.3 Professional Liability. Consultant shall procure and maintain,
and require its sub-consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to
their profession. Such insurance shall be in an amount not less than $1,000,000
[___INCREASE IF NECESSARY - OTHERWISE LEAVE AS IS AND DELETE THIS
NOTE___] per claim. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Consultant. “Covered
Professional Services” as designated in the policy must specifically include work performed
under this Agreement. The policy must “pay on behalf of” the insured and must include a
provision establishing the insurer's duty to defend.
51
17336.00000\32845205.2
5
3.12.4 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Consultant shall provide endorsements on forms approved by
the Commission to add the following provisions to the insurance policies:
(A) General Liability.
(i) Commercial General Liability Insurance must
include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising
Injury; (3) premises/operations liability; (4) products/completed operations liability; (5)
aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX)
exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form
property damage; and (9) independent consultants coverage.
(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims
or suits by one insured against another; or (3) contain any other exclusion contrary to this
Agreement.
(iii) The policy shall give the Commission, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20
10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy
shall be “primary and non-contributory” and will not seek contribution from the
Commission’s insurance or self-insurance and shall be at least as broad as CG 20 01 04
13, or endorsements providing the exact same coverage.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the Commission, its directors, officials, officers, employees
and agents shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the Commission, its directors,
officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or
self-insurance maintained by the Commission, its directors, officials, officers, employees
and agents shall be excess of the Consultant’s insurance and shall not be called upon to
contribute with it in any way.
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(C) Workers’ Compensation and Employers Liability
Coverage.
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to
be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and he/she will comply with such provisions
before commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of
subrogation against the Commission, its directors, officials, officers, employees and agents
for losses paid under the terms of the insurance policy which arise from work performed by
the Consultant.
(D) All Coverages.
(i) Defense costs shall be payable in addition to the
limits set forth hereunder.
(ii) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any insurance. It shall be a
requirement under this Agreement that any available insurance proceeds broader than or in
excess of the specified minimum insurance coverage requirements and/or limits set forth
herein shall be available to the Commission, its directors, officials, officers, employees and
agents as additional insureds under said policies. Furthermore, the requirements for
coverage and limits shall be (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement
may be satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit of the
Commission (if agreed to in a written contract or agreement) before the Commission’s own
insurance or self-insurance shall be called upon to protect it as a named insured. The
umbrella/excess policy shall be provided on a “following form” basis with coverage at least
as broad as provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least
thirty (30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured Endorsement
to the Commission at least ten (10) days prior to the effective date of cancellation or
expiration.
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(v) The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with
a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Consultant, and any approval of said
insurance by the Commission, is not intended to and shall not in any manner limit or qualify
the liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, Commission has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by Commission will be
promptly reimbursed by Consultant or Commission will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, Commission may cancel this
Agreement. The Commission may require the Consultant to provide complete copies of all
insurance policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors,
officials, officers, employees or agents shall be personally responsible for any liability
arising under or by virtue of this Agreement.
3.12.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the Commission. If the
Commission does not approve the deductibles or self-insured retentions as presented,
Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant
shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expenses.
3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California,
and satisfactory to the Commission.
3.12.7 Verification of Coverage. Consultant shall furnish Commission
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the Commission. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. All certificates and endorsements must be received and approved
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by the Commission before work commences. The Commission reserves the right to require
complete, certified copies of all required insurance policies, at any time.
3.12.8 Subconsultant Insurance Requirements. Consultant shall not
allow any subcontractors or subconsultants to commence work on any subcontract until
they have provided evidence satisfactory to the Commission that they have secured all
insurance required under this section. Policies of commercial general liability insurance
provided by such subcontractors or subconsultants shall be endorsed to name the
Commission as an additional insured using ISO form CG 20 38 04 13 or an endorsement
providing the exact same coverage. If requested by Consultant, the Commission may
approve different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
3.13 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.14 Fees and Payment.
3.14.1 Compensation. Consultant shall receive compensation,
including authorized reimbursements, for all Services rendered under this Agreement at the
rates set forth in Exhibit "C" attached hereto. The total compensation for Consultant’s
Services, as further detailed in Exhibit “A-2”, shall not exceed ______________________
without written approval of Commission's Executive Director (“Total Compensation”).
Compensation for Consultant’s Sales and Use Tax Audit Services, as further detailed in
Exhibit “A-1”, shall be on a contingency fee basis only and is not subject to the above
referenced not-to-exceed Total Compensation amount. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set forth
in this Agreement.
3.14.2 Payment of Compensation. Consultant shall submit to
Commission a quarterly statement which indicates work completed. Commission shall,
within 45 days of receiving such statement, review the statement and pay all approved
charges thereon.
3.14.3 Reimbursement for Expenses. Consultant shall not be
reimbursed for any expenses unless authorized in writing by Commission.
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3.14.4 Extra Work. At any time during the term of this Agreement,
Commission may request that Consultant perform Extra Work. As used herein, "Extra
Work" means any work which is determined by Commission to be necessary for the proper
completion of the Project, but which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Consultant shall not perform, nor be
compensated for, Extra Work without written authorization from Commission's Executive
Director.
3.15 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred and fees charged under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of Commission during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.16 Termination of Agreement.
3.16.1 Grounds for Termination. Commission may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof. Upon termination, Consultant shall be compensated only for those
services which have been fully and adequately rendered to Commission through the
effective date of the termination, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.16.2 Effect of Termination. If this Agreement is terminated as
provided herein, Commission may require Consultant to provide all finished or unfinished
Documents and Data, as defined below, and other information of any kind prepared by
Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within fifteen
(15) days of the request.
3.16.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, Commission may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.17 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
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CONSULTANT: COMMISSION:
MuniServices, LLC. Riverside County
5860 Trinity Parkway, Ste. 120 Transportation Commission
Centreville, VA 20120 4080 Lemon Street, 3rd Floor
_____________________ Riverside, CA 92501
Attn: Carl Kumpf Attn: Executive Director
Such notice shall be deemed made when personally delivered or when
mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.18 Ownership of Materials/Confidentiality.
3.18.1 Documents & Data. This Agreement creates an exclusive and
perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all
copyrights and designs embodied in plans, specifications, studies, drawings, estimates,
materials, data and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that
Commission is granted an exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right
to grant the exclusive and perpetual license for all such Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were
prepared by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents
& Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at Commission’s sole risk.
3.18.2 Intellectual Property. In addition, Commission shall have and
retain all right, title and interest (including copyright, patent, trade secret and other
proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data,
computer programs or software and source code, enhancements, documents, and any and
all works of authorship fixed in any tangible medium or expression, including but not limited
to, physical drawings or other data magnetically or otherwise recorded on computer media
(“Intellectual Property”) prepared or developed by or on behalf of Consultant under this
Agreement as well as any other such Intellectual Property prepared or developed by or on
behalf of Consultant under this Agreement.
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The Commission shall have and retain all right, title and interest in
Intellectual Property developed or modified under this Agreement whether or not paid for
wholly or in part by Commission, whether or not developed in conjunction with Consultant,
and whether or not developed by Consultant. Consultant will execute separate written
assignments of any and all rights to the above referenced Intellectual Property upon
request of Commission.
Consultant shall also be responsible to obtain in writing separate
written assignments from any subcontractors or agents of Consultant of any and all right to
the above referenced Intellectual Property. Should Consultant, either during or following
termination of this Agreement, desire to use any of the above-referenced Intellectual
Property, it shall first obtain the written approval of the Commission.
All materials and documents which were developed or prepared by the
Consultant for general use prior to the execution of this Agreement and which are not the
copyright of any other party or publicly available and any other computer applications, shall
continue to be the property of the Consultant. However, unless otherwise identified and
stated prior to execution of this Agreement, Consultant represents and warrants that it has
the right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and
perpetual license to copy, use, modify or sub-license any and all Intellectual Property
otherwise owned by Consultant which is the basis or foundation for any derivative,
collective, insurrectional, or supplemental work created under this Agreement.
3.18.3 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of Commission, be used by
Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use Commission's name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of Commission.
3.18.4 Infringement Indemnification. Consultant shall defend,
indemnify and hold the Commission, its directors, officials, officers, employees, volunteers
and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name,
trademark, or any other proprietary right of any person or entity in consequence of the use
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on the Project by Commission of the Documents & Data, including any method, process,
product, or concept specified or depicted.
3.19 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.20 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and costs of such actions.
3.21 Indemnification. To the fullest extent permitted by law, Consultant shall
defend (with counsel of Commission’s choosing), indemnify and hold Commission, its
directors, officials, officers, employees, consultants, volunteers, and agents free and
harmless from any and all claims, fines, penalties, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, in any manner arising out of or incident to alleged negligent acts,
omissions, or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants, and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of
consequential damages, expert witness fees, and attorneys fees and other related costs
and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any
and all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against Commission, its directors, officials, officers, employees,
consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment, award
or decree that may be rendered against Commission or its directors, officials, officers,
employees, consultants, agents, or volunteers, in any such suit, action or other legal
proceeding. Consultant shall reimburse Commission and its directors, officials, officers,
employees, consultants, agents, and/or volunteers, for any and all legal expenses and
costs, including reasonable attorney’s fees, incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by Commission, its
directors, officials officers, employees, consultants, agents, or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance as a “design professional” (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by
a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
Consultant’s obligations as set forth in this Section shall survive expiration or
termination of this Agreement.
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3.22 Entire Agreement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be supplemented, amended, or
modified by a writing signed by both parties.
3.23 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
3.24 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.25 Commission's Right to Employ Other Consultants. The Commission
reserves the right to employ other consultants in connection with this Project.
3.26 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties, and shall not be assigned by Consultant without the
prior written consent of Commission.
3.27 Prohibited Interests and Conflicts.
3.27.1 Solicitation. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, Commission shall have the right to
rescind this Agreement without liability.
3.27.2 Conflict of Interest. For the term of this Agreement, no member,
officer or employee of Commission, during the term of his or her service with Commission,
shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.27.3 Conflict of Employment. Employment by the Consultant of
personnel currently on the payroll of the Commission shall not be permitted in the
performance of this Agreement, even though such employment may occur outside of the
employee’s regular working hours or on weekends, holidays or vacation time. Further, the
employment by the Consultant of personnel who have been on the Commission payroll
within one year prior to the date of execution of this Agreement, where this employment is
caused by and or dependent upon the Consultant securing this or related Agreements with
the Commission, is prohibited.
3.27.4 Employment Adverse to the Commission. Consultant shall
notify the Commission, and shall obtain the Commission’s written consent, prior to
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accepting work to assist with or participate in a third-party lawsuit or other legal or
administrative proceeding against the Commission during the term of this Agreement.
3.28 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Consultant shall also comply with all relevant provisions of
Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or
other related Commission programs or guidelines currently in effect or hereinafter enacted.
3.29 Subcontracting. Consultant shall not subcontract any portion of the
work or Services required by this Agreement, except as expressly stated herein, without
prior written approval of the Commission. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
3.30 No Waiver. Failure of Commission to insist on any one occasion upon
strict compliance with any of the terms, covenants or conditions hereof shall not be deemed
a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
3.31 Subpoenas or Court Orders. Should Consultant receive a subpoena or
court order related to this Agreement, the Services or the Project, Consultant shall
immediately provide written notice of the subpoena or court order to the Commission.
Consultant shall not respond to any such subpoena or court order until notice to the
Commission is provided as required herein, and shall cooperate with the Commission in
responding to the subpoena or court order.
3.32 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to,
the indemnification and confidentiality obligations, and the obligations related to receipt of
subpoenas or court orders, shall survive any such expiration or termination.
3.33 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.34 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.35 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
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3.36 Incorporation of Recitals. The recitals set forth above are true and
correct and are incorporated into this Agreement as though fully set forth herein.
3.37 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.
3.38 Conflicting Provisions. In the event that provisions of any attached
exhibits conflict in any way with the provisions set forth in this Agreement, the language,
terms and conditions contained in this Agreement shall control the actions and obligations
of the Parties and the interpretation of the Parties’ understanding concerning the
performance of the Services.
3.39 Headings. Article and Section Headings, paragraph captions or
marginal headings contained in this Agreement are for convenience only and shall have no
effect in the construction or interpretation of any provision herein.
3.40 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein, without
the prior written consent of the Commission. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by reason
of such attempted assignment, hypothecation or transfer.
3.41 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.42 Electronically Transmitted 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]
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SIGNATURE PAGE
TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR SALES TAX AUDIT & REPORTING SERVICES
WITH [___CONSULTANT___]
IN WITNESS WHEREOF, this Agreement was executed on the date first
written above.
RIVERSIDE COUNTY CONSULTANT
TRANSPORTATION COMMISSION MUNISERVICES, LLC
By: __________________________ By: ____________________________
Anne Mayer Signature
Executive Director
___________________________
Name
____________________________
Title
Approved as to Form: Attest:
By: ____________________________ By: ________________________
Best Best & Krieger LLP
General Counsel 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.
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A-1
EXHIBIT "A"
SCOPE OF SERVICES
[___INSERT___]
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B-1
EXHIBIT "B"
SCHEDULE OF SERVICES
[___INSERT___]
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C-1
EXHIBIT "C"
COMPENSATION
[___INSERT___]
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AGENDA ITEM 7E
Agenda Item 7E
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM:
Toll Policy and Operations Committee
Gary Clothier, Senior Management Analyst
Jennifer Crosson, Toll Operations Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: 15 Express Lanes Monthly Status Reports
TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
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
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Status Report
October 31, 2022
ATTACHMENT 1
68
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
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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%
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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%)
71
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.
72
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
73
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
74
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.
75
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
76
Status Report
November 30, 2022
ATTACHMENT 2
77
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
78
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%
79
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%)
80
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.
81
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
82
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
83
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.
84
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
85
Status Report
December 31, 2022
ATTACHMENT 3
86
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
87
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%
88
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%)
89
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.
90
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
91
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
92
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.
93
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
94
AGENDA ITEM 7F
Agenda Item 7F
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM:
Toll Policy and Operations Committee
Gary Clothier, Senior Management Analyst
Jennifer Crosson, Toll Operations Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: 91 Express Lanes Monthly Status Reports
TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
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
95
Orange County Transportation Authority
Riverside County Transportation Commission
Status Report
October 2022
As of October 31, 2022
ATTACHMENT 1
96
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
97
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%
98
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%
99
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.
100
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
101
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
102
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.
103
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
104
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%
105
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%
106
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.
107
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
108
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
109
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
110
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
111
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.
112
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
113
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
114
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
115
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
116
Orange County Transportation Authority
Riverside County Transportation Commission
Status Report
November 2022
As of November 30, 2022
ATTACHMENT 2
117
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
118
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%
119
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%
120
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.
121
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
122
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
123
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.
124
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.
125
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%
126
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%
127
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.
128
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
129
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
130
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
131
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
132
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.
133
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
134
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
135
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
136
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
137
Orange County Transportation Authority
Riverside County Transportation Commission
Status Report
December 2022
As of December 31, 2022
ATTACHMENT 3
138
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
139
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%
140
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%
141
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.
142
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
143
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
144
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.
145
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.
146
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%
147
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%
148
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.
149
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
150
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
151
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
152
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
153
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.
154
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
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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
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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
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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
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AGENDA ITEM 7G
Agenda Item 7G
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM: Toll Policy and Operations Committee
Reinland Jones, Toll Technology Manager
THROUGH: Anne Mayer, Executive 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
TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
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.
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Agenda Item 7G
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
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.
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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
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
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Agenda Item 7G
$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.
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
Approved by the Toll Policy and Operations Committee on April 12, 2023
In Favor: 3 Abstain: 0 No: 0
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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.
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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
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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.
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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.
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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
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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:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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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.
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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
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SECTION VI - (Reviewed and recommended by RCTC)
By: _______________________________________________
Name: Jennifer Crosson
Title: Toll Operations Director
Date: _4/##/2023______________
Comments:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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AGENDA ITEM 7H
Agenda Item 7H
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM:
Toll Policy and Operations Committee
Andrew Hedy, Toll Systems Engineer
Reinland Jones, Toll Technology Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Express Lanes Intelligent Transportation Systems Poles Project
TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
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
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Agenda Item 7H
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.
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
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Agenda Item 7H
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.
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.
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Agenda Item 7H
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.
Approved by the Toll Policy and Operations Committee on April 12, 2023
In Favor: 3 Abstain: 0 No: 0
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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)
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• 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
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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
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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
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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
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$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
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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.
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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
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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)
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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
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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
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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.
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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.
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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.
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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,
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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
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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
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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.
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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
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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]
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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.
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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
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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
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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
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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
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EXHIBIT “B”
ITS POLE PLANS
(UNDER SEPARATE COVER)
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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.
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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)
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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.”
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EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
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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:
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(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
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(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.
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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
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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
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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.
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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
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AGENDA ITEM 7I
Agenda Item 7I
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM: Toll Policy and Operations Committee
Reinland Jones, Toll Technology Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Express Lanes Channelizer Agreement
TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
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
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Agenda Item 7I
UR channelizers and determined that the UR channelizer is durable and is an approved Caltrans
material.
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.
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Agenda Item 7I
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
Approved by the Toll Policy and Operations Committee on April 12, 2023
In Favor: 3 Abstain: 0 No: 0
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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.
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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,
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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
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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.
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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.
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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.
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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
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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:
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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.
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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]
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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.
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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.
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Agreement No. _____________
EXHIBIT “B”
DELIVERY SCHEDULE
DELIVERY:
Equipment shall be delivered to Corona, CA 92879.
[Additional details to be inserted from Bid Documents]
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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]
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AGENDA ITEM 7J
Agenda Item 7J
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Sri Srirajan, Senior Capital Projects Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreement for Completion of Project Approval/Environmental Document for
the State Route 91 Eastbound Corridor Operations Project
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Award Agreement No. 23-31-041-00 with Parsons Transportation Group, Inc. (Parsons) to
provide project approval/environmental document (PA/ED) for the State Route 91
Eastbound Corridor Operations Project (ECOP) in the amount of $3,520,968, plus a
contingency amount of $352,097, for a total amount not to exceed $3,873,065;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, execute the
agreement on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to approve contingency work up to the
total not to exceed amount as required for these services.
BACKGROUND INFORMATION:
In May 2022, the Commission authorized staff to proceed with the PA/ED and revalidation of the
SR-91 ECOP). The SR-91 ECOP will add a general purpose (GP) lane in the EB direction on SR-91
from SR-241 in Orange County to the SR-71 interchange area in Riverside County (see Exhibit A).
The purpose of the Project is to improve traffic operations and safety along the eastbound SR-91
between SR-241 and SR-71 and complete a component of the SR-91 Corridor Improvement
Project (CIP) Ultimate Project.
The SR-91 CIP (EA 0F540) was approved in 2012. Consistent with the environmental impact
report/environmental impact statement (EIR/EIS), implementation of the SR-91 CIP will be
phased over a 20-year period, beginning with an Initial Phase and culminating with completion
of the Ultimate Project by 2035. Separate phases were anticipated to be identified and
programmed to implement the improvements on SR-91 and Interstate 15 between the Initial
Phase and completion of the Ultimate Project by 2035, as funding becomes available. In
May 2020, Orange County Transportation Authority (OCTA), in coordination with RCTC,
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Agenda Item 7J
Transportation Corridor Agencies (TCA), Caltrans, and the cities of Anaheim, Yorba Linda, and
Corona initiated the SR-91 ECOP Alternative Analysis study. The purpose of the study was to
identify feasible alternatives and range of cost for adding the SR-91 eastbound operational lane
from SR-241 to SR-71 as identified in the SR-91 CIP EIR/EIS. The Alternative Analysis study report
was completed in April 2022 and recommends four feasible design variations that range in total
cost from $49 million to $154 million.
Exhibit A
DISCUSSION:
Procurement Process
Pursuant to Government Code 4525 et seq, selection of architect, engineer, and related services
shall be on the basis of demonstrated competence and on professional qualifications necessary
for the satisfactory performance of the services required. Therefore, staff used the qualification
method of selection for the procurement. Evaluation criteria included elements such as firm
experience and stability, quality and experience of key personnel, project understanding and
approach, and the ability to respond to the requirements set forth under the terms of a request
for qualifications (RFQ).
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Agenda Item 7J
RFQ No. 23-31-041-00 for the State Route 91 Eastbound Corridor Operations Project was
released by staff on January 5, 2023. The RFQ was posted on the Commission’s Planet Bids
website, which is accessible through the Commission’s website. Through Planet Bids, 56 firms
downloaded the RFQ; 7 of these firms are located in Riverside County. A pre-submittal meeting
was held on January 18, 2023 and was attended by 12 firms. Staff responded to all questions
submitted by potential proposers prior to the January 25, 2023 clarification deadline.
One firm –Parsons– submitted a responsive and responsible statement of qualifications prior to
the 2:00 p.m. submittal deadline on February 9, 2023. Since staff received one proposal for the
RFQ, it reviewed the solicitation specifications for undue restrictiveness and surveyed potential
sources that chose not to submit a proposal. Reasons for not submitting a proposal included not
performing the particular type of services, and not being able to find other firms to team up with
to cover the full scope of work. Staff concluded the requirements listed in the scope of work and
other terms and conditions were not unnecessarily or excessively restrictive, an adequate
opportunity to compete was provided, and factors other than the solicitation were responsible
for the receipt of one proposal for the RFQ.
Based on the evaluation criteria set forth in the RFQ, the firm was evaluated and scored by an
evaluation committee comprised of Commission, Caltrans, and Orange County Transportation
Authority staff. Accordingly, the evaluation committee recommends contract award to Parsons
for the PA/ED for the SR-91 ECOP.
Subsequently, staff negotiated the scope of work (including the appropriate level of effort, labor
categories/mix, etc.), cost, and schedule proposal received from Parsons for the PA/ED services
and established a fair and reasonable price. The proposed cost is $3,520,968 which includes the
base cost of $2,830,450 and an optional cost of $690,517. Due to a wide range of alternative
analysis to be performed, there are several optional scope areas included in the agreement. As
part of the federal procurement process for architectural and engineering services, the contract
is subject to a pre-award audit by Caltrans Audits and Investigations Unit. The result of the pre-
award audit may change the proposed cost slightly and is expected to be finalized prior to
Commission approval in May 2023.
RECOMMENDATION:
Staff recommends award of Agreement No. 23-31-041-00 to Parsons for PA/ED for the SR-91
ECOP in the amount of $3,520,968, plus a contingency amount of $352,097, for a total amount
not to exceed $3,873,065. Staff also recommends authorization for the Chair or Executive
Director, pursuant to legal counsel review, to execute the agreement for the Project, and
authorization of the Executive Director, or designee, to approve contingency work up to the total
not to exceed amount as required for these services.
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Agenda Item 7J
FISCAL IMPACT:
Financial Information
In Fiscal Year Budget: N/A Year: FY 2023/24
FY 2024/25+ Amount: $1,500,000
$2,310,965
Source of Funds: STBG, HIP, Local Budget Adjustment: No
GL/Project Accounting No.: 003055 261 81101 00000 0000 261 31 81101
Fiscal Procedures Approved:
Date: 04/14/2023
Attachment: Agreement No. 23-31-041-00 with Parsons
Approved by the Western Riverside County Programs and Projects Committee on
April 24, 2023
In Favor: 10 Abstain: 0 No: 0
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Agreement No. 23-31-041-00
PROFESSIONAL SERVICES AGREEMENT
WITH FHWA FUNDING/ASSISTANCE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT WITH
PARSONS TRANSPORTATION GROUP, INC.
FOR THE
COMPLETION OF PROJECT APPROVAL/ENVIRONMENTAL DOCUMENT (PA/ED)
FOR THE STATE ROUTE 91 EASTBOUND CORRIDOR OPERATIONS PROJECT
Parties and Date.
This Agreement is made and entered into this ___ day of _______, 2023, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the
Commission") and PARSONS TRANSPORTATION GROUP, INC. ("Consultant"), a
CORPORATION. The Commission and Consultant are sometimes referred to herein
individually as “Party”, and collectively as the “Parties”.
Recitals.
A. On November 8, 1988 the Voters of Riverside County approved Measure A
authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax
(the “tax”) to fund transportation programs and improvements within the County of
Riverside, and adopting the Riverside County Transportation Improvement Plan (the
“Plan”).
B. Pursuant to Public Utility Code Sections 240000 et seq., the Commission is
authorized to allocate the proceeds of the Tax in furtherance of the Plan.
C. On November 5, 2002, the voters of Riverside County approved an extension of
the Measure A tax for an additional thirty (30) years for the continued funding of
transportation and improvements within the County of Riverside.
D. A source of funding for payment for professional services provided under this
Agreement is federal funds administered by the California Department of Transportation
(“Caltrans”) from the United States Department of Transportation pursuant to the
following project/program: Highway Infrastructure Program (HIP), Surface
Transportation Block Grant Program (STBG), and Measure A.
E. Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the Commission on the terms and conditions
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set forth in this Agreement. Consultant represents that it is experienced in providing
Project Approval/Environmental Document (PA/ED) services to public clients, is
licensed in the State of California (if necessary), and is familiar with the plans of the
Commission.
F. The Commission desires to engage Consultant to render such services for the
State Route 91 Eastbound Corridor Operations Project (“Project”), as set forth in this
Agreement.
Terms.
1. General Scope of Services. Consultant shall furnish all technical and
professional services, including labor, material, equipment, transportation, supervision
and expertise, and incidental and customary work necessary to fully and adequately
supply the professional PA/ED services necessary for the Project (“Services”). The
Services are more particularly described in Exhibit “A” attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with,
this Agreement, the exhibits attached hereto and incorporated herein by reference, and
all applicable local, state and federal laws, rules and regulations.
2. Commencement of Services. The Consultant shall commence work upon receipt
of a written "Notice to Proceed" or "Limited Notice to Proceed" from Commission.
3. Pre-Award Audit. As a result of the federal funding for this Project, and to the
extent Caltrans procedures apply in connection therewith, issuance of a “Notice to
Proceed” may be contingent upon completion and approval of a pre-award audit. Any
questions raised during the pre-award audit shall be resolved before the Commission
will consider approval of this Agreement. The federal aid provided under this
Agreement is contingent on meeting all Federal requirements and could be withdrawn,
thereby entitling the Commission to terminate this Agreement, if the procedures are not
completed. The Consultant’s files shall be maintained in a manner to facilitate Federal
and State process reviews. In addition, the applicable federal agency, or Caltrans
acting in behalf of a federal agency, may require that prior to performance of any work
for which Federal reimbursement is requested and provided, that said federal agency or
Caltrans must give to Commission an “Authorization to Proceed”.
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4. Caltrans Audit Procedures.
4.1 Consultant and certain subconsultant contracts, including cost proposals
and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an
incurred cost audit, an Independent Cost Review (ICR) Audit, or a CPA ICR audit work
paper review. If selected for audit or review, this Agreement, Consultant’s cost proposal
and ICR and related work papers, if applicable, will be reviewed to verify compliance
with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA
ICR audit work paper review it is Consultant’s responsibility to ensure federal, state, or
local government officials are allowed full access to the CPA’s work papers including
making copies as necessary. This Agreement, Consultant’s cost proposal, and ICR
shall be adjusted by Consultant and approved by the Commission’s contract manager to
conform to the audit or review recommendations. Consultant agrees that individual
terms of costs identified in the audit report shall be incorporated into this Agreement by
this reference if directed by Commission at its sole discretion. Refusal by Consultant to
incorporate audit or review recommendations, or to ensure that the federal, state or
local governments have access to CPA work papers, will be considered a breach of the
Agreement terms and cause for termination of this Agreement and disallowance of prior
reimbursed costs. Additional audit provisions applicable to this Agreement are set forth
in Sections 24 and 25 of this Agreement.
4.2 During Caltrans’ review of the ICR audit work papers created by the
Consultant’s independent CPA (which may include review by the Independent Office of
Audits and Investigations), Caltrans will work with the CPA and/or Consultant toward a
resolution of issues that arise during the review. Each party agrees to use its best
efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant
issues during the review and is unable to issue a cognizant approval letter, Commission
will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition
Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing
Standards); CAS (Cost Accounting Standards), if applicable; in accordance with
procedures and guidelines of the American Association of State Highways and
Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and
guidelines} is received and approved by Caltrans.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) – the
accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two
hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the
proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the
accepted rate will be seventy-five percent (75%) of the proposed rate.
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4.3 If Caltrans is unable to issue a cognizant letter per Section 4.2 above,
Caltrans may require Consultant to submit a revised independent CPA-audited ICR and
audit report within three (3) months of the effective date of the Caltrans’ management
letter. Caltrans will then have up to six (6) months to review the Consultant’s and/or the
independent CPA’s revisions.
4.4 If the Consultant fails to comply with the provisions of this Section 4, or if
Caltrans is still unable to issue a cognizant approval letter after the revised independent
CPA audited ICR is submitted, overhead cost reimbursement will be limited to the
accepted ICR that was established upon initial rejection of the ICR and set forth in
Section 4.2 above for all rendered services. In this event, this accepted ICR will become
the actual and final ICR for reimbursement purposes under this Agreement.
4.5 Consultant may submit to Commission final invoice only when all of the
following items have occurred: (1) Caltrans accepts or adjusts the original or revised
independent CPA audited ICR; (2) all work under this Agreement has been completed
to the satisfaction of Commission; and, (3) Caltrans has issued its final ICR review
letter. The Consultant must submit its final invoice to Commission no later than sixty
(60) calendar days after occurrence of the last of these items. The accepted ICR will
apply to this Agreement, and all other agreements executed between the Commission
and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.
5. Term.
5.1 This Agreement shall go into effect on the date first set forth above,
contingent upon approval by Commission, and Consultant shall commence work after
notification to proceed by Commission’s Contract Administrator. This Agreement shall
end on June 30, 2027, unless extended by contract amendment.
5.2 Consultant is advised that any recommendation for Agreement award is
not binding on Commission until this Agreement is fully executed and approved by the
Commission.
5.3 This Agreement shall remain in effect until the date set forth above, unless
earlier terminated as provided herein. Consultant shall complete the Services within
the term of this Agreement, and shall meet any other established schedules and
deadlines. All applicable indemnification provisions of this Agreement shall remain in
effect following the termination of this Agreement.
6. Commission’s Contract Administrator. The Commission hereby designates the
Commission’s Executive Director, or his or her designee, to act as its Contract
Administrator for the performance of this Agreement (“Commission’s Contract
Administrator”). Commission’s Contract Administrator shall have the authority to act on
behalf of the Commission for all purposes under this Agreement. Commission’s
Contract Administrator shall also review and give approval, as needed, to the details of
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Consultant’s work as it progresses. Consultant shall not accept direction or orders from
any person other than the Commission’s Contract Administrator or his or her designee.
7. Consultant’s Representative. Consultant hereby designates Nicole DePuy to act
as its Representative for the performance of this Agreement (“Consultant’s
Representative”). Consultant’s Representative shall have full authority to act on behalf
of Consultant for all purposes under this Agreement. The Consultant’s Representative
shall supervise and direct the Services, using his or her professional skill and attention,
and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement. Consultant shall work closely and cooperate fully with Commission’s
Contract Administrator and any other agencies which may have jurisdiction over, or an
interest in, the Services. Consultant’s Representative shall be available to the
Commission staff at all reasonable times. Any substitution in Consultant’s
Representative shall be approved in writing by Commission’s Contract Administrator.
8. Substitution of Key Personnel. Consultant has represented to the Commission
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon written approval by
the Commission. In the event that the Commission and Consultant cannot agree as to
the substitution of the key personnel, the Commission shall be entitled to terminate this
Agreement for cause, pursuant to the provisions herein. The key personnel for
performance of this Agreement are as follows: Nicole DePuy, Mark Firger, Michelle
Cooper, Angela Schnapp, Kevin Castro, Brian Patschull, Jon Hermstad, Jeff Sparks,
Tomo Takahashi, and Rob Malone.
9. Standard of Care; Licenses; Evaluation.
9.1 Consultant represents and maintains that it is skilled in the professional
calling necessary to perform all Services, duties and obligations required by this
Agreement to fully and adequately complete the Project. Consultant shall perform the
Services and duties in conformance to and consistent with the standards generally
recognized as being employed by professionals in the same discipline in the State of
California. Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Consultant
further represents and warrants to the Commission that its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever
nature that are legally required to perform the Services, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. Consultant shall
perform, at its own cost and expense and without reimbursement from the Commission,
any services necessary to correct errors or omissions which are caused by the
Consultant’s failure to comply with the standard of care provided for herein, and shall be
fully responsible to the Commission for all damages and other liabilities provided for in
the indemnification provisions of this Agreement arising from the Consultant’s errors
and omissions. Any employee of Consultant or its sub-consultants who is determined
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by the Commission to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee
who fails or refuses to perform the Services in a manner acceptable to the Commission,
shall be promptly removed from the Project by the Consultant and shall not be re-
employed to perform any of the Services or to work on the Project.
9.2 Consultant’s performance will be evaluated by Commission. A copy of the
evaluation will be sent to Consultant for comments. The evaluation together with the
comments shall be retained as part of the Agreement record.
10. Independent Contractor. The Services shall be performed by Consultant or
under its supervision. Consultant will determine the means, methods and details of
performing the Services subject to the requirements of this Agreement. Commission
retains Consultant on an independent contractor basis and not as an employee, agent
or representative of the Commission. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall at all times
be under Consultant’s exclusive direction and control. Consultant shall pay all wages,
salaries and other amounts due such personnel in connection with their performance of
Services and as required by law. Consultant shall be responsible for all reports and
obligations respecting such personnel, including but not limited to, social security taxes,
income tax withholdings, unemployment insurance, disability insurance, and workers’
compensation insurance.
11. Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set
forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant
represents that it has the professional and technical personnel to perform the Services
in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, the Commission shall respond to Consultant’s submittals in a timely
manner. Upon request of Commission’s Contract Administrator, Consultant shall
provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
11.1 Modification of the Schedule. Consultant shall regularly report to the
Commission, through correspondence or progress reports, its progress in providing
required Services within the scheduled time periods. Commission shall be promptly
informed of all anticipated delays. In the event that Consultant determines that a
schedule modification is necessary, Consultant shall promptly submit a revised
Schedule of Services for approval by Commission’s Contract Administrator.
11.2 Trend Meetings. Consultant shall conduct trend meetings with the
Commission’s Contract Administrator and other interested parties, as requested by the
Commission, on a bi weekly basis or as may be mutually scheduled by the Parties at a
standard day and time. These trend meetings will encompass focused and informal
discussions concerning scope, schedule, and current progress of Services, relevant
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cost issues, and future Project objectives. Consultant shall be responsible for the
preparation and distribution of meeting agendas to be received by the Commission and
other attendees no later than three (3) working days prior to the meeting.
11.3 Progress Reports. As part of its monthly invoice, Consultant shall submit
a progress report, in a form determined by the Commission, which will indicate the
progress achieved during the previous month in relation to the Schedule of Services.
Submission of such progress report by Consultant shall be a condition precedent to
receipt of payment from the Commission for each monthly invoice submitted.
12. Delay in Performance.
12.1 Excusable Delays. Should Consultant be delayed or prevented from the
timely performance of any act or Services required by the terms of the Agreement by
reason of acts of God or of the public enemy, acts or omissions of the Commission or
other governmental agencies in either their sovereign or contractual capacities, fires,
floods, epidemics, pandemics, quarantine restrictions, strikes, freight embargoes or
unusually severe weather, performance of such act shall be excused for the period of
such delay.
12.2 Written Notice. If Consultant believes it is entitled to an extension of time
due to conditions set forth in subsection 12.1, Consultant shall provide written notice to
the Commission within seven (7) working days from the time Consultant knows, or
reasonably should have known, that performance of the Services will be delayed due to
such conditions. Failure of Consultant to provide such timely notice shall constitute a
waiver by Consultant of any right to an excusable delay in time of performance.
12.3 Mutual Agreement. Performance of any Services under this Agreement
may be delayed upon mutual agreement of the Parties. Upon such agreement,
Consultant’s Schedule of Services shall be extended as necessary by the Commission.
Consultant shall take all reasonable steps to minimize delay in completion, and
additional costs, resulting from any such extension.
13. Preliminary Review of Work. All reports, working papers, and similar work
products prepared for submission in the course of providing Services under this
Agreement shall be submitted to the Commission’s Contract Administrator in draft form,
and the Commission may require revisions of such drafts prior to formal submission and
approval. In the event plans and designs are to be developed as part of the Project,
final detailed plans and designs shall be contingent upon obtaining environmental
clearance as may be required in connection with Federal funding. In the event that
Commission’s Contract Administrator, in his or her sole discretion, determines the
formally submitted work product to be not in accordance with the standard of care
established under this Agreement, Commission’s Contract Administrator may require
Consultant to revise and resubmit the work at no cost to the Commission.
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14. Appearance at Hearings. If and when required by the Commission, Consultant
shall render assistance at public hearings or other meetings related to the Project or
necessary to the performance of the Services. However, Consultant shall not be
required to, and will not, render any decision, interpretation or recommendation
regarding questions of a legal nature or which may be construed as constituting a legal
opinion.
15. Opportunity to Cure; Inspection of Work. Commission may provide Consultant
an opportunity to cure, at Consultant’s expense, all errors and omissions which may be
disclosed during Project implementation. Should Consultant fail to make such
correction in a timely manner, such correction may be made by the Commission, and
the cost thereof charged to Consultant. Consultant shall allow the Commission’s
Contract Administrator, Caltrans and FHWA to inspect or review Consultant’s work in
progress at any reasonable time.
16. Claims Filed by Contractor.
16.1 If claims are filed by the Commission’s contractor for the Project
(“Contractor”) relating to work performed by Consultant’s personnel, and additional
information or assistance from the Consultant’s personnel is required by the
Commission in order to evaluate or defend against such claims; Consultant agrees to
make reasonable efforts to make its personnel available for consultation with the
Commission’s construction contract administration and legal staff and for testimony, if
necessary, at depositions and at trial or arbitration proceedings.
16.2 Consultant’s personnel that the Commission considers essential to assist
in defending against Contractor claims will be made available on reasonable notice from
the Commission. Consultation or testimony will be reimbursed at the same rates,
including travel costs that are being paid for the Consultant’s personnel services under
this Agreement.
16.3 Services of the Consultant’s personnel and other support staff in
connection with Contractor claims will be performed pursuant to a written contract
amendment, if necessary, extending the termination date of this Agreement in order to
finally resolve the claims.
16.4 Nothing contained in this Section shall be construed to in any way limit
Consultant’s indemnification obligations contained in Section 29. In the case of any
conflict between this Section and Section 29, Section 29 shall govern. This Section is
not intended to obligate the Commission to reimburse Consultant for time spent by its
personnel related to Contractor claims for which Consultant is required to indemnify and
defend the Commission pursuant to Section 29 of this Agreement.
17. Final Acceptance. Upon determination by the Commission that Consultant has
satisfactorily completed the Services required under this Agreement and within the term
herein, the Commission shall give Consultant a written Notice of Final Acceptance.
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Upon receipt of such notice, Consultant shall incur no further costs hereunder, unless
otherwise specified in the Notice of Final Acceptance. Consultant may request
issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily
completed all Services required under the terms of this Agreement. In the event
copyrights are permitted under this Agreement, then in connection with Federal funding,
it is hereby acknowledged and agreed that the United States Department of
Transportation shall have the royalty-free non-exclusive and irrevocable right to
reproduce, publish, or otherwise use, and to authorize others to use, the work for
governmental purposes.
18. Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. For example, and not by way
of limitation, Consultant shall keep itself fully informed of and in compliance with all
implementing regulations, design standards, specifications, previous commitments that
must be incorporated in the design of the Project, and administrative controls including
those of the United States Department of Transportation. Compliance with Federal
procedures may include completion of the applicable environmental documents and
approved by the United States Department of Transportation. For example, and not by
way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or
published Record of Decision may be required to be approved and/or completed by the
United States Department of Transportation. Consultant shall be liable for all violations
of such laws and regulations in connection with Services. If the Consultant performs
any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the Commission, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
19. Fees and Payment.
19.1 The method of payment for this Agreement will be based on actual cost
plus a fixed fee. Commission shall reimburse Consultant for actual costs (including labor
costs, employee benefits, travel, equipment rental costs, overhead and other direct
costs) incurred by Consultant in performance of the Services. Consultant shall not be
reimbursed for actual costs that exceed the estimated wage rates, employee benefits,
travel, equipment rental, overhead, and other estimated costs set forth in the approved
Consultant cost proposal attached hereto as Exhibit “C” and incorporated herein by
reference (“Cost Proposal”) unless additional reimbursement is provided for by a written
amendment. In no event shall Consultant be reimbursed for overhead costs at a rate
that exceeds Commission’s approved overhead rate set forth in the Cost Proposal. In
the event that Commission determines that a change to the Services from that specified
in the Cost Proposal and this Agreement is required, the contract time or actual costs
reimbursable by Commission shall be adjusted by contract amendment to
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accommodate the changed work. The maximum total cost as specified in Section 19.9
shall not be exceeded, unless authorized by a written amendment.
19.2 The indirect cost rate established for this Agreement is extended through
the duration of this Agreement. Consultant’s agreement to the extension of the 1-year
applicable period shall not be a condition or qualification to be considered for the work
or Agreement award.
19.3 In addition to the allowable incurred costs, Commission shall pay
Consultant a fixed fee of THREE HUNDRED ELEVEN THOUSAND, NINE HUNDRED
DOLLARS ($311,900). The fixed fee is nonadjustable for the term of this Agreement,
except in the event of a significant change in the Scope of Services, and such
adjustment is made by written amendment.
19.4 Reimbursement for transportation and subsistence costs shall not exceed
the rates specified in the approved Cost Proposal. In addition, payments to Consultant
for travel and subsistence expenses claimed for reimbursement or applied as local
match credit shall not exceed rates authorized to be paid exempt non-represented State
employees under current State Department of Personnel Administration (DPA) rules,
unless otherwise authorized by Commission. If the rates invoiced are in excess of
those authorized DPA rates, and Commission has not otherwise approved said rates,
then Consultant is responsible for the cost difference and any overpayments shall be
reimbursed to the Commission on demand.
19.5 When milestone cost estimates are included in the approved Cost
Proposal, Consultant shall obtain prior written approval for a revised milestone cost
estimate from the Contract Administrator before exceeding such cost estimate.
19.6 Progress payments shall be made monthly in arrears based on Services
provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee shall
be included in the monthly progress payments. If Consultant fails to submit the required
deliverable items according to the schedule set forth in the Scope of Services,
Commission shall have the right to delay payment or terminate this Agreement in
accordance with the provisions of Section 21 Termination.
19.7 No payment shall be made prior to approval of any Services, nor for any
Services performed prior to approval of this Agreement.
19.8 Consultant shall be reimbursed, as promptly as fiscal procedures will
permit upon receipt by Commission’s Contract Administrator of itemized invoices in
triplicate. Invoices shall be submitted no later than 45 calendar days after the
performance of work for which Consultant is billing. Invoices shall detail the work
performed on each milestone and each project as applicable. Invoices shall follow the
format stipulated for the approved Cost Proposal and shall reference this Agreement
number and project title. Final invoice must contain the final cost and all credits due
Commission including any equipment purchased under the Equipment Purchase
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provisions of this Agreement. The final invoice should be submitted within 60 calendar
days after completion of Consultant’s work. Invoices shall be mailed to Commission’s
Contract Administrator at the following address:
Riverside County Transportation Commission
Attention: Accounts Payable
P.O. 12008
Riverside, CA 92502
19.9 The total amount payable by Commission including the fixed fee shall not
exceed THREE MILLION, FOUR HUNDRED SIXTY-FOUR THOUSAND, FIVE
HUNDRED FOURTEEN DOLLARS ($3,464,514).
19.10 Salary increases shall be reimbursable if the new salary is within the
salary range identified in the approved Cost Proposal and is approved by Commission’s
Contract Administrator. For personnel subject to prevailing wage rates as described in
the California Labor Code, all salary increases, which are the direct result of changes in
the prevailing wage rates are reimbursable.
19.11 Consultant shall not be reimbursed for any expenses unless authorized in
writing by the Commission’s Contract Administrator.
19.12 All subcontracts in excess of $25,000 shall contain the above provisions.
20. Disputes.
20.1 Any dispute, other than audit, concerning a question of fact arising under
this Agreement that is not disposed of by mutual agreement of the Parties shall be
decided by a committee consisting of RCTC’s Contract Administrator and the Director of
Capital Projects, who may consider written or verbal information submitted by
Consultant.
20.2 Not later than 30 days after completion of all Services under this
Agreement, Consultant may request review by the Commission’s Executive Director of
unresolved claims or disputes, other than audit. The request for review will be submitted
in writing.
20.3 Neither the pendency of a dispute, nor its consideration by the committee
will excuse Consultant from full and timely performance in accordance with the terms of
this Agreement.
21. Termination; Suspension.
21.1 Commission reserves the right to terminate this Agreement for any or no
reason upon thirty (30) calendar days written notice to Consultant with the reasons for
termination stated in the notice.
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21.2 Commission may terminate this Agreement with Consultant should
Consultant fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination, Commission may proceed with the
work in any manner deemed proper by Commission. If Commission terminates this
Agreement with Consultant, Commission shall pay Consultant the sum due to
Consultant under this Agreement for Services completed and accepted prior to
termination, unless the cost of completion to Commission exceeds the funds remaining
in this Agreement. In such case, the overage shall be deducted from any sum due
Consultant under this Agreement and the balance, if any, shall be paid to Consultant
upon demand.
21.3 In addition to the above, payment upon termination shall include a
prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit
on unperformed Services. Consultant shall provide documentation deemed adequate by
Commission’s Contract Administrator to show the Services actually completed by
Consultant prior to the effective date of termination. This Agreement shall terminate on
the effective date of the Notice of Termination.
21.4 Discontinuance of Services. Upon receipt of the written Notice of
Termination, Consultant shall discontinue all affected Services as directed in the Notice
or as otherwise provided herein, and deliver to the Commission all Documents and
Data, as defined in this Agreement, as may have been prepared or accumulated by
Consultant in performance of the Services, whether completed or in progress.
21.5 Effect of Termination for Cause. In addition to the above, Consultant shall
be liable to the Commission for any reasonable additional costs incurred by the
Commission to revise work for which the Commission has compensated Consultant
under this Agreement, but which the Commission has determined in its sole discretion
needs to be revised, in part or whole, to complete the Project because it did not meet
the standard of care established herein. Termination of this Agreement for cause may
be considered by the Commission in determining whether to enter into future
agreements with Consultant.
21.6 Cumulative Remedies. The rights and remedies of the Parties provided in
this Section are in addition to any other rights and remedies provided by law or under
this Agreement.
21.7 Waivers. Consultant, in executing this Agreement, shall be deemed to
have waived any and all claims for damages which may otherwise arise from the
Commission’s termination of this Agreement, for convenience or cause, as provided in
this Section.
21.8 Consultant may not terminate this Agreement except for cause.
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21.9 Suspension. In addition to the termination rights above, Commission may
temporarily suspend this Agreement, at no additional cost to Commission, provided that
Consultant is given written notice of temporary suspension. If Commission gives such
notice of temporary suspension, Consultant shall immediately suspend its activities
under this Agreement. A temporary suspension may be issued concurrent with a notice
of termination.
22. Cost Principles and Administrative Requirements.
22.1 Consultant agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be
used to determine the cost allowability of individual items.
22.2 Consultant also agrees to comply with federal procedures in accordance
with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
22.3 Any costs for which payment has been made to Consultant that are
determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by Consultant to Commission.
22.4 All subcontracts in excess of $25,000 shall contain the above provisions.
23. Retention of Records/Audit. For the purpose of determining compliance with
Public Contract Code 10115, et seq. and Title 21, California Code of Regulations,
Chapter 21, Section 2500 et seq., when applicable and other matters connected with
the performance of this Agreement pursuant to Government Code 8546.7; Consultant,
subconsultants, and Commission shall maintain and make available for inspection all
books, documents, papers, accounting records, and other evidence pertaining to the
performance of this Agreement, including but not limited to, the costs of administering
this Agreement. All parties shall make such materials available at their respective
offices at all reasonable times during this Agreement period and for three years from the
date of final payment under this Agreement. The state, State Auditor, Commission,
FHWA, or any duly authorized representative of the Federal Government shall have
access to any books, records, and documents of Consultant and it’s certified public
accountants (CPA) work papers that are pertinent to this Agreement and indirect cost
rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall
be furnished if requested. Subcontracts in excess of $25,000 shall contain this
provision.
23.1 Accounting System. Consultant and its subcontractors shall establish
and maintain an accounting system and records that properly accumulate and
segregate expenditures by line item for the Services. The accounting system of
Consultant and its subcontractors shall conform to Generally Accepted Accounting
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Principles (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or invoices.
24. Audit Review Procedures.
24.1 Any dispute concerning a question of fact arising under an interim or post
audit of this Agreement that is not disposed of by agreement, shall be reviewed by
Commission’s Chief Financial Officer.
24.2 Not later than 30 days after issuance of the final audit report, Consultant
may request a review by Commission’s Chief Financial Officer of unresolved audit
issues. The request for review shall be submitted in writing.
24.3 Neither the pendency of a dispute nor its consideration by Commission
shall excuse Consultant from full and timely performance, in accordance with the terms
of this Agreement.
25. Subcontracting.
25.1 Nothing contained in this Agreement or otherwise, shall create any
contractual relation between Commission and any subconsultant(s), and no subcontract
shall relieve Consultant of its responsibilities and obligations hereunder. Consultant
agrees to be as fully responsible to Commission for the acts and omissions of its
subconsultant(s) and of persons either directly or indirectly employed by any of them as
it is for the acts and omissions of persons directly employed by Consultant.
Consultant’s obligation to pay its subconsultant(s) is an independent obligation from
Commission’s obligation to make payments to the Consultant.
25.2 Consultant shall perform the Services with resources available within its
own organization and no portion of the Services shall be subcontracted without written
authorization by Commission’s Contract Administrator, except that, which is expressly
identified in the approved Cost Proposal.
25.3 Consultant shall pay its subconsultants within fifteen (15) calendar days
from receipt of each payment made to Consultant by Commission.
25.4 Any subcontract in excess of $25,000 entered into as a result of this
Agreement shall contain all the provisions stipulated in this Agreement to be applicable
to subconsultants.
25.5 Any substitution of subconsultant(s) must be approved in writing by
Commission’s Contract Administrator prior to the start of work by the subconsultant(s).
25.6 Exhibit “C” may also set forth the rates at which each subconsultant shall
bill the Consultant for Services and that are subject to reimbursement by the
Commission to Consultant. Additional Direct Costs, as defined in Exhibit “C” shall be
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the same for both the Consultant and all subconsultants, unless otherwise identified in
Exhibit “C”. The subconsultant rate schedules and cost proposals contained herein are
for accounting purposes only.
26. Equipment Purchase
26.1 Prior authorization, in writing, by Commission’s Contract Administrator
shall be required before Consultant enters into any unbudgeted purchase order, or
subcontract for supplies, equipment, or Consultant services. Consultant shall provide an
evaluation of the necessity or desirability of incurring such costs.
26.2 For purchase of any item, service or consulting work not covered in
Consultant’s Cost Proposal and exceeding $5,000 prior authorization by Commission’s
Contract Administrator is required. Three competitive quotations must be submitted
with the request for such purchase, or the absence of bidding must be adequately
justified.
26.3 Any equipment purchased as a result of this Agreement is subject to the
following:
Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable
property is defined as having a useful life of at least two years and an acquisition cost of
$5,000 or more. If the purchased equipment needs replacement and is sold or traded in,
Commission shall receive a proper refund or credit at the conclusion of this Agreement,
or if this Agreement is terminated, Consultant may either keep the equipment and credit
Commission in an amount equal to its fair market value, or sell such equipment at the
best price obtainable at a public or private sale, in accordance with established
Commission procedures; and credit Commission in an amount equal to the sales price.
If Consultant elects to keep the equipment, fair market value shall be determined at
Consultant’s expense, on the basis of a competent independent appraisal of such
equipment. Appraisals shall be obtained from an appraiser mutually agreeable to
Commission and Consultant. If Consultant determines to sell the equipment, the terms
and conditions of such sale must be approved in advance by Commission. 2 CFR, Part
200 requires a credit to Federal funds when participating equipment with a fair market
value greater than $5,000 is credited to the project.
26.4 All subcontracts in excess $25,000 shall contain the above provisions.
27. Labor Code Requirements.
27.1 Prevailing Wages.
(a) Consultant shall comply with the State of California’s General Prevailing
Wage Rate requirements in accordance with California Labor Code, Section 1770, and
all Federal, State, and local laws and ordinances applicable to the Services.
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(b) Any subcontract entered into as a result of this Agreement, if for more
than $25,000 for public works construction or more than $15,000 for the alteration,
demolition, repair, or maintenance of public works, shall contain all of the provisions of
this Section.
(c) When prevailing wages apply to the Services described in the Scope of
Services, transportation and subsistence costs shall be reimbursed at the minimum
rates set by the Department of Industrial Relations (DIR) as outlined in the applicable
Prevailing Wage Determination. See http://www.dir.ca.gov.
(d) Copies of the prevailing rate of per diem wages in effect at
commencement of this Agreement are on file at the Commission’s offices. Consultant
shall make copies of the prevailing rates of per diem wages for each craft, classification
or type of worker needed to execute the Services available to interested parties upon
request, and shall post copies at the Consultant’s principal place of business and at the
project site. Consultant shall defend, indemnify and hold the Commission, its elected
officials, officers, employees and agents free and harmless from any claims, liabilities,
costs, penalties or interest arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
27.2 DIR Registration. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5
and 1771.1, the Consultant and all subconsultants must be registered with the
Department of Industrial Relations. If applicable, Consultant shall maintain registration
for the duration of the Project and require the same of any subconsultants. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
27.3 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight
hours of labor shall constitute a legal day’s work, and the time of service of any worker
employed on the work shall be limited and restricted to eight hours during any one
calendar day, and forty hours in any one calendar week, except when payment for
overtime is made at not less than one and one-half the basic rate for all hours worked in
excess of eight hours per day (“Eight-Hour Law”), unless Consultant or the Services are
not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty,
$50.00 for each worker employed in the execution of this Agreement by him, or by any
sub-consultant under him, for each calendar day during which such workman is required
or permitted to work more than eight hours in any calendar day and forty hours in any
one calendar week without such compensation for overtime violation of the provisions of
the California Labor Code, unless Consultant or the Services are not subject to the
Eight-Hour Law.
27.4 Employment of Apprentices. This Agreement shall not prevent the employment
of properly indentured apprentices in accordance with the California Labor Code, and
no employer or labor union shall refuse to accept otherwise qualified employees as
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indentured apprentices on the work performed hereunder solely on the ground of race,
creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid
the standard wage paid to apprentices under the regulations of the craft or trade in
which he or she is employed and shall be employed only in the craft or trade to which
he or she is registered.
If California Labor Code Section 1777.5 applies to the Services, Consultant and any
subcontractor hereunder who employs workers in any apprenticeable craft or trade shall
apply to the joint apprenticeship council administering applicable standards for a
certificate approving Consultant or any sub-consultant for the employment and training
of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant
shall employ the number of apprentices provided for therein, as well as contribute to the
fund to administer the apprenticeship program in each craft or trade in the area of the
work hereunder.
The parties expressly understand that the responsibility for compliance with provisions
of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor
Code in regard to all apprenticeable occupations lies with Consultant
28. Ownership of Materials/Confidentiality.
28.1 Documents & Data. This Agreement creates an exclusive and perpetual
license for Commission to copy, use, modify, reuse, or sub-license any and all
copyrights and designs embodied in plans, specifications, studies, drawings, estimates,
materials, data and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that Commission is
granted an exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to grant the
exclusive and perpetual license for all such Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents & Data at any
time, provided that any such use not within the purposes intended by this Agreement
shall be at Commission’s sole risk.
28.2 Intellectual Property. In addition, Commission shall have and retain all
right, title and interest (including copyright, patent, trade secret and other proprietary
rights) in all plans, specifications, studies, drawings, estimates, materials, data,
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computer programs or software and source code, enhancements, documents, and any
and all works of authorship fixed in any tangible medium or expression, including but not
limited to, physical drawings or other data magnetically or otherwise recorded on
computer media (“Intellectual Property”) prepared or developed by or on behalf of
Consultant under this Agreement as well as any other such Intellectual Property
prepared or developed by or on behalf of Consultant under this Agreement.
The Commission shall have and retain all right, title and interest in Intellectual Property
developed or modified under this Agreement whether or not paid for wholly or in part by
Commission, whether or not developed in conjunction with Consultant, and whether or
not developed by Consultant. Consultant will execute separate written assignments of
any and all rights to the above referenced Intellectual Property upon request of
Commission.
Consultant shall also be responsible to obtain in writing separate written assignments
from any subcontractors or agents of Consultant of any and all right to the above
referenced Intellectual Property. Should Consultant, either during or following
termination of this Agreement, desire to use any of the above-referenced Intellectual
Property, it shall first obtain the written approval of the Commission.
All materials and documents which were developed or prepared by the Consultant for
general use prior to the execution of this Agreement and which are not the copyright of
any other party or publicly available and any other computer applications, shall continue
to be the property of the Consultant. However, unless otherwise identified and stated
prior to execution of this Agreement, Consultant represents and warrants that it has the
right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and perpetual license to
copy, use, modify or sub-license any and all Intellectual Property otherwise owned by
Consultant which is the basis or foundation for any derivative, collective, insurrectional,
or supplemental work created under this Agreement.
28.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information,
and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by
Consultant. Such materials shall not, without the prior written consent of Commission,
be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use Commission’s
name or insignia, photographs of the Project, or any publicity pertaining to the Services
or the Project in any magazine, trade paper, newspaper, television or radio production
or other similar medium without the prior written consent of Commission.
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28.4 Infringement Indemnification. Consultant shall defend, indemnify and hold
the Commission, its directors, officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or
any other proprietary right of any person or entity in consequence of the use on the
Project by Commission of the Documents & Data, including any method, process,
product, or concept specified or depicted.
29. Indemnification. To the fullest extent permitted by law, Consultant shall defend
(with counsel of Commission’s choosing), indemnify and hold Commission, its directors,
officials, officers, employees, consultants, volunteers, and agents free and harmless
from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to alleged negligent acts, omissions, or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants, and
contractors arising out of or in connection with the performance of the Services, the
Project or this Agreement, including without limitation the payment of consequential
damages, expert witness fees, and attorneys fees and other related costs and
expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any
and all such aforesaid suits, actions or other legal proceedings of every kind that may
be brought or instituted against Commission, its directors, officials, officers, employees,
consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against Commission or its directors, officials,
officers, employees, consultants, agents, or volunteers, in any such suit, action or other
legal proceeding. Consultant shall reimburse Commission and its directors, officials,
officers, employees, consultants, agents, and/or volunteers, for any and all legal
expenses and costs, including reasonable attorney’s fees, incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Commission, its directors, officials officers, employees, consultants, agents, or
volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of
Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall
be limited to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a
final adjudication by a court of competent jurisdiction, Consultant’s liability for such
claim, including the cost to defend, shall not exceed the Consultant’s proportionate
percentage of fault.
Consultant’s obligations as set forth in this Section shall survive expiration or
termination of this Agreement.
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30. Insurance.
30.1 Time for Compliance. Consultant shall not commence work under this
Agreement until it has provided evidence satisfactory to the Commission that it has
secured all insurance required under this Section, in a form and with insurance
companies acceptable to the Commission. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has secured all insurance
required under this Section.
30.2 Minimum Requirements. Consultant shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives,
employees or subcontractors. Consultant shall also require all of its subcontractors to
procure and maintain the same insurance for the duration of the Agreement. Such
insurance shall meet at least the following minimum levels of coverage:
(a) Minimum Scope of Insurance. Coverage shall be at least as broad
as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA
0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
(b) Minimum Limits of Insurance. Consultant shall maintain limits no
less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form
with general aggregate limit is used, either the general aggregate limit shall apply
separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit. Limits may be achieved by any combination of primary and
excess or umbrella liability insurance; (2) Automobile Liability: $2,000,000 per accident
for bodily injury and property damage. Limits may be achieved by any combination of
primary and excess or umbrella liability insurance; and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the
State of California. Employer’s Practices Liability limits of $1,000,000 per accident.
30.3 Professional Liability. Consultant shall procure and maintain, and require
its sub-consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their
profession. For Consultant, such insurance shall be in an amount not less than
$1,000,000 per claim. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Consultant. “Covered
Professional Services” as designated in the policy must specifically include work
performed under this Agreement. The policy must “pay on behalf of” the insured and
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must include a provision establishing the insurer’s duty to defend. Subconsultants of
Consultant shall obtain such insurance in an amount not less than $1,000,000 per
claim. Notwithstanding the foregoing, the Commission may consider written requests to
lower or dispense with the errors and omissions liability insurance requirement
contained in this Section for certain subconsultants of Consultant, on a case-by-case
basis, depending on the nature and scope of the Services to be provided by the
subconsultant. Approval of such request shall be in writing, signed by the
Commission’s Contract Administrator.
30.4 Aircraft Liability Insurance. Prior to conducting any Services requiring use
of aircraft, Consultant shall procure and maintain, or cause to be procured and
maintained, aircraft liability insurance or equivalent form, with a single limit as shall be
required by the Commission. Such insurance shall include coverage for owned, hired
and non-owned aircraft and passengers, and shall name, or be endorsed to name, the
Commission, Caltrans and their directors, officials, officers, employees and agents as
additional insureds with respect to the Services or operations performed by or on behalf
of the Consultant.
30.5 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms approved by
the Commission to add the following provisions to the insurance policies:
(a) General Liability.
(i) Commercial General Liability Insurance must include
coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising
Injury; (3) premises/operations liability; (4) products/completed operations liability; (5)
aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX)
exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form
property damage; and (9) independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to this
Agreement.
(iii) The policy shall give the Commission, its directors, officials,
officers, employees, and agents insured status using ISO endorsement forms 20 10 10
01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy shall be
“primary and non-contributory” and will not seek contribution from the Commission’s or
Caltrans’ insurance or self-insurance and shall be at least as broad as CG 20 01 04 13,
or endorsements providing the exact same coverage.
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(b) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the Commission, Caltrans and their directors, officials,
officers, employees and agents shall be covered as additional insureds with respect to
the ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Consultant or for which the Consultant is responsible;
and (2) the insurance coverage shall be primary insurance as respects the Commission,
Caltrans and their directors, officials, officers, employees and agents, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant’s scheduled
underlying coverage. Any insurance or self-insurance maintained by the Commission,
Caltrans and their directors, officials, officers, employees and agents shall be excess of
the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(c) Workers’ Compensation and Employers Liability Coverage.
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of subrogation
against the Commission, its directors, officials, officers, employees and agents for
losses paid under the terms of the insurance policy which arise from work performed by
the Consultant.
(d) All Coverages.
(i) Defense costs shall be payable in addition to the limits set
forth hereunder.
(ii) Requirements of specific coverage or limits contained in this
Section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. It shall be a requirement
under this Agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits set forth herein
shall be available to the Commission, Caltrans and their directors, officials, officers,
employees and agents as additional insureds under said policies. Furthermore, the
requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of
coverage of any insurance policy or proceeds available to the named insured;
whichever is greater.
(iii) The limits of insurance required in this Agreement may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella
or excess insurance shall contain or be endorsed to contain a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit of the
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Commission (if agreed to in a written contract or agreement) before the Commission’s
own insurance or self-insurance shall be called upon to protect it as a named insured.
The umbrella/excess policy shall be provided on a “following form” basis with coverage
at least as broad as provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least thirty (30)
days prior written notice of cancellation of any policy required by this Agreement, except
that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured
Endorsement to the Commission at least ten (10) days prior to the effective date of
cancellation or expiration.
(v) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims-
made policy with a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the Commission, is not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Commission has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by Commission will be promptly
reimbursed by Consultant or Commission will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, Commission may cancel this
Agreement. The Commission may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors, officials,
officers, employees or agents shall be personally responsible for any liability arising
under or by virtue of this Agreement.
Each insurance policy required by this Agreement shall be endorsed to state that:
30.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the Commission. If the
Commission does not approve the deductibles or self-insured retentions as presented,
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Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the
Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
30.7 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and
satisfactory to the Commission.
30.8 Verification of Coverage. Consultant shall furnish Commission with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the Commission. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that
insurer to bind coverage on its behalf. All certificates and endorsements must be
received and approved by the Commission before work commences. The Commission
reserves the right to require complete, certified copies of all required insurance policies,
at any time.
30.9 Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the Commission that they have secured all insurance
required under this Section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the Commission
as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing
the exact same coverage. If requested by Consultant, the Commission may approve
different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
30.10 Other Insurance. At its option, the Commission may require such
additional coverage(s), limits and/or the reduction of deductibles or retentions it
considers reasonable and prudent based upon risk factors that may directly or indirectly
impact the Project. In retaining this option Commission does not warrant Consultant’s
insurance program to be adequate. Consultant shall have the right to purchase
insurance in addition to the insurance required in this Section.
31. Safety. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
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apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
As between Consultant and the construction contractors only, the construction
contractors shall remain solely responsible for construction safety notwithstanding any
safety obligations of Consultant at the jobsite. The foregoing sentence shall not impact
nor in any way modify or alter Consultant’s indemnity and defense obligations to the
Commission, as set forth in Section 29 of this Agreement, not any of Consultant’s duties
or obligations set forth under this Agreement, including the attached exhibits.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Commission
has determined that the Project will contain areas that are open to public traffic.
Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14,
and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions
for safe operation of its vehicles and the protection of the traveling public from injury and
damage from such vehicles.
32. Additional Work. Any work or activities that are in addition to, or otherwise
outside of, the Services to be performed pursuant to this Agreement shall only be
performed pursuant to a separate agreement between the parties. Notwithstanding the
foregoing, the Commission’s Executive Director may make a change to the Agreement,
other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a
change which is “outside the scope” of the Agreement; in other words, work which
should not be regarded as having been fairly and reasonably within the contemplation of
the parties when the Agreement was entered into. An example of a change which is not
a Cardinal Change would be where, in a contract to construct a building there are many
changes in the materials used, but the size and layout of the building remains the same.
Cardinal Changes are not within the authority of this provision to order, and shall be
processed by the Commission as “sole source” procurements according to applicable
law, including the requirements of FTA Circular 4220.1D, paragraph 9(f).
(a) In addition to the changes authorized above, a modification which is
signed by Consultant and the Commission’s Executive Director, other than a Cardinal
Change, may be made in order to: (1) make a negotiated equitable adjustment to the
Agreement price, delivery schedule and other terms resulting from the issuance of a
Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of
the parties modifying the terms of this Agreement (“Bilateral Contract Modification”).
(b) Consultant shall not perform, nor be compensated for any change,
without written authorization from the Commission’s Executive Director as set forth
herein. In the event such a change authorization is not issued and signed by the
Commission’s Executive Director, Consultant shall not provide such change.
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33. Prohibited Interests.
33.1 Solicitation. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, the Commission shall have the
right to rescind this Agreement without liability.
33.2 Consultant Conflict of Interest.
(a) Consultant shall disclose any financial, business, or other
relationship with Commission that may have an impact upon the outcome of this
Agreement, or any ensuing Commission construction project. Consultant shall also list
current clients who may have a financial interest in the outcome of this Agreement, or
any ensuing Commission construction project, which will follow.
(b) Consultant hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the performance of
Services under this Agreement. Consultant agrees to advise Commission of any actual,
apparent or potential conflicts of interest that may develop subsequent to the date of
execution of this Agreement. Consultant further agrees to complete any statements of
economic interest if required by either Commission or State law.
(c) Any subcontract in excess of $25,000 entered into as a result of
this Agreement, shall contain all of the provisions of this Article.
(d) Consultant hereby certifies that neither Consultant, nor any firm
affiliated with Consultant will bid on any construction contract, or on any contract to
provide construction inspection for any construction project resulting from this
Agreement. An affiliated firm is one, which is subject to the control of the same persons
through joint-ownership, or otherwise.
(e) Except for subconsultants whose services are limited to providing
surveying or materials testing information, no subconsultant who has provided design
services in connection with this Agreement shall be eligible to bid on any construction
contract, or on any contract to provide construction inspection for any construction
project resulting from this Agreement.
33.3 Commission Conflict of Interest. For the term of this Agreement, no
member, officer or employee of the Commission, during the term of his or her service
with the Commission, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
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33.4 Conflict of Employment. Employment by the Consultant of personnel
currently on the payroll of the Commission shall not be permitted in the performance of
this Agreement, even though such employment may occur outside of the employee’s
regular working hours or on weekends, holidays or vacation time. Further, the
employment by the Consultant of personnel who have been on the Commission payroll
within one year prior to the date of execution of this Agreement, where this employment
is caused by and or dependent upon the Consultant securing this or related Agreements
with the Commission, is prohibited.
33.5 Covenant Against Contingent Fees. As required in connection with
federal funding, the Consultant warrants that he/she has not employed or retained any
company or person, other than a bona fide employee working for the Consultant, to
solicit or secure this Agreement, and that he/she has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or formation of this Agreement. For breach or violation of this warranty, the
Commission shall have the right to terminate this Agreement without liability pursuant to
the terms herein, or at its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
33.6 Rebates, Kickbacks or Other Unlawful Consideration. Consultant
warrants that this Agreement was not obtained or secured through rebates kickbacks or
other unlawful consideration, either promised or paid to any Commission employee. For
breach or violation of this warranty, Commission shall have the right in its discretion; to
terminate this Agreement without liability; to pay only for the value of the work actually
performed; or to deduct from the contract price; or otherwise recover the full amount of
such rebate, kickback or other unlawful consideration.
33.7 Covenant Against Expenditure of Commission, State or Federal Funds for
Lobbying. The Consultant certifies that to the best of his/ her knowledge and belief no
state, federal or local agency appropriated funds have been paid, or will be paid by or
on behalf of the Consultant to any person for the purpose of influencing or attempting to
influence an officer or employee of any state or federal agency; a Member of the State
Legislature or United States Congress; an officer or employee of the Legislature or
Congress; or any employee of a Member of the Legislature or Congress, in connection
with the award of any state or federal contract, grant, loan, or cooperative agreement, or
the extension, continuation, renewal, amendment, or modification of any state or federal
contract, grant, loan, or cooperative agreement.
(a) If any funds other than federal appropriated funds have been paid,
or will be paid to any person for the purpose of influencing or attempting to influence an
officer or employee of any federal agency; a Member of Congress; an officer or
employee of Congress, or an employee of a Member of Congress; in connection with
this Agreement, the Consultant shall complete and submit the attached Exhibit “F”,
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Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with the
attached instructions.
(b) The Consultant’s certification provided in this Section is a material
representation of fact upon which reliance was placed when this Agreement was
entered into, and is a prerequisite for entering into this Agreement pursuant to Section
1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the
disclosure and certification requirements set forth in Section 1352, Title 31, US. Code
may result in a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
(c) The Consultant also agrees by signing this Agreement that he/she
shall require that the language set forth in this Section be included in all Consultant
subcontracts which exceed $100,000, and that all such subcontractors shall certify and
disclose accordingly.
33.8 Employment Adverse to the Commission. Consultant shall notify the
Commission, and shall obtain the Commission’s written consent, prior to accepting work
to assist with or participate in a third-party lawsuit or other legal or administrative
proceeding against the Commission during the term of this Agreement.
34. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
35. Right to Employ Other Consultants. Commission reserves the right to employ
other consultants in connection with the Project.
36. Governing Law. This Agreement shall be governed by and construed with the
laws of the State of California. Venue shall be in Riverside County.
37. Disputes; Attorneys’ Fees.
37.1 Prior to either party commencing any legal action under this Agreement,
the Parties agree to try in good faith, to resolve any dispute amicably between them. If a
dispute has not been resolved after forty-five (45) days of good-faith negotiations and as
may be otherwise provided herein, then either Party may seek any other available
remedy to resolve the dispute.
37.2. If either Party commences an action against the other Party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing Party in such litigation shall be entitled to have and recover from the losing
Party reasonable attorneys’ fees and, all other costs of such actions.
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38. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
39. Headings. Article and Section Headings, paragraph captions or marginal
headings contained in this Agreement are for convenience only and shall have no effect
in the construction or interpretation of any provision herein.
39.1 Notices. All notices permitted or required under this Agreement shall be
given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
CONSULTANT: COMMISSION:
Parsons Transportation Group Riverside County Transportation Commission
3200 E. Guasti Road, Suite 200 4080 Lemon Street, 3rd Floor
Ontario, CA 91761 Riverside, CA 92501
Attn: Nicole DePuy Attn: Executive Director
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. mail, first class postage prepaid, and
addressed to the Party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
40. Conflicting Provisions. In the event that provisions of any attached exhibits
conflict in any way with the provisions set forth in this Agreement, the language, terms
and conditions contained in this Agreement shall control the actions and obligations of
the Parties and the interpretation of the Parties’ understanding concerning the
performance of the Services.
41. Amendment or Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
42. Entire Agreement. This Agreement contains the entire agreement of the Parties
relating to the subject matter hereof and supersedes all prior negotiations, agreements
or understandings.
43. 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.
44. Provisions Applicable When Federal Department of Transportation Funds Are
Involved. When funding for the Services provided by this Agreement are provided, in
whole or in part, from the United States Department of Transportation, Consultant shall
also fully and adequately comply with the provisions included in Exhibit “D” (Federal
Department of Transportation Requirements and California Department of
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Transportation (Caltrans) DBE program requirements) attached hereto and incorporated
herein by reference.
45. Survival. All rights and obligations hereunder that by their nature are to continue
after any expiration or termination of this Agreement, including, but not limited to, the
indemnification and confidentiality obligations, shall survive any such expiration or
termination.
46. No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
47. Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Workers’ Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
48. Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
49. Subpoenas or Court Orders. Should Consultant receive a subpoena or court
order related to this Agreement, the Services or the Project, Consultant shall
immediately provide written notice of the subpoena or court order to the Commission.
Consultant shall not respond to any such subpoena or court order until notice to the
Commission is provided as required herein, and shall cooperate with the Commission in
responding to the subpoena or court order.
50. Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein, without the
prior written consent of the Commission. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
51. Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties, and shall not be assigned by Consultant without the prior
written consent of Commission.
52. Incorporation of Recitals. The recitals set forth above are true and correct and
are incorporated into this Agreement as though fully set forth herein.
53. No Waiver. Failure of Commission to insist on any one occasion upon strict
compliance with any of the terms, covenants or conditions hereof shall not be deemed a
waiver of such term, covenant or condition, nor shall any waiver or relinquishment of
any rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
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54. Electronically Transmitted 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]
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SIGNATURE PAGE
TO
PROFESSIONAL SERVICES AGREEMENT
WITH FHWA FUNDING/ASSISTANCE
IN WITNESS WHEREOF, this Agreement was executed on the date first written
above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Anne Mayer
Executive Director
Approved as to Form:
By:
Best, Best & Krieger LLP
General Counsel
PARSONS TRANSPORTATION GROUP
By:
Signature
Name
Title
ATTEST:
By:
Its: ___________________________
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial
officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
RCTC.
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Model Agreement Exhibit A
EXHIBIT “A” - SCOPE OF SERVICES
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EXHIBIT A (PART 1)
91 ECOP – Scope of Work Page 1 3/24/2023
State Route 91 Eastbound Corridor Operations Project (91 ECOP)
Scope of Work
Background
The Riverside County Transportation Commission (Commission), in cooperation with the Federal Highway
Administration (FHWA) and the California Department of Transportation (Caltrans), is proposing to add a
sixth general purpose (GP) lane in the eastbound (EB) direction from SR-241 in Orange County to SR-71 in
Riverside County. The Project improvements are within the Ultimate SR-91 Corridor Improvement Project
(CIP) footprint. The SR-91 CIP (0F5400) was approved in 2012. As stated in the approved Environmental
Impact Report/Environmental Impact Statement (EIR/EIS), implementation of the SR-91 CIP would be in
phases over a 20-year period, beginning with an Initial Phase and culminating with completion of the
Ultimate Project by 2035, as funding becomes available. This Project is a component of the Ultimate Project
for SR-91 CIP along eastbound SR-91 between SR-241 and SR-71. The purpose of the Project is to improve
traffic operations and safety along eastbound SR-91 between SR-241 and SR-71.
Assumptions
· Alternative Analysis includes up to six (6) alternatives during Phase 2. It is assumed that
concurrence on the preferred alternative will be obtained prior to proceeding with Phase 3.
· Materials Report and Life Cycle Cost Analysis will not be required as part of the PA/ED phase.
· No Supplemental Survey is required for the PA/ED phase.
· No Value Analysis Study will be required.
· No public hearing will be required for the environmental revalidation effort.
· No Supplemental EIR/EIS is required. If the results of the supplemental technical studies indicate
that there are significant or substantial impacts beyond those identified in the SR-91 CIP Final
EIR/EIS, dated August 2012, a Supplemental EIR/EIS would be required, which would require an
amendment to this scope.
· No Section 4(f) impacts.
· No Section 106 or Native American consultations.
· Paleontological Monitoring Plan is not required as part of the PA/ED and will be prepared during
the PS&E phase.
· Jurisdictional Determination Report is not required.
· Focus surveys for plants or animals are not required.
· Utility Potholing is excluded.
Optional Scope of Work
· Air Quality, Climate Change, and Energy Reports
Trigger: Air Quality Report, Air Quality Conformity Analysis, Air Quality Conformity
Findings Checklist, Climate Change analysis, or Energy Report
· Induced Demand Analysis and Report (VMT Analysis and Report)
Trigger: Induced Demand Analysis/VMT Analysis
· Studying up to two (2) additional alternatives during Phase 2, Alternative Analysis.
Trigger: More than 6 alternatives require preliminary evaluation or additional
engineering analysis is required on the alternatives being evaluated.
· Mindeman Landslide Technical Memorandum
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A technical memorandum is required to justify avoiding impacts to the Mindeman
Landslide.
· Structures (Full Standard). The optional scope of work includes Structure Preliminary
Geotechnical Design Reports and Advanced Planning Studies for up to three (3) additional
nonstandard retaining walls that may be required if a “full standard” alternative is selected.
Additional nonstandard walls are required beyond the base scope listed under Task
4.1.11.1.
· Slope Stabilization Alternative Analysis
Trigger: Project requires evaluating alternatives to stabilize existing eroding slopes.
· Field Survey of Existing Slopes
Trigger: Project requires field survey of existing slopes to accurately evaluate slope
stabilization measures.
· Materials Report/Life Cycle Cost Analysis
Trigger: Caltrans requires a Materials Report and/or Life Cycle Cost Analysis be prepared
as part of the PA/ED phase.
Scope of Work
1. Project Management
1.1. Coordination and Meetings
Consultant shall direct & coordinate the work of its staff and subconsultants throughout the course of the
Project. Consultant shall serve as the primary contact for the consultant team in communication with
RCTC, Caltrans, OCTA, TCA, Counties, Cities, and other agencies.
Consultant shall coordinate and attend monthly PDT meetings and additional focus meetings. Agendas,
meeting minutes, & an action item list shall be prepared by the Consultant and distributed to the PDT at
each meeting. Consultant shall conduct weekly teleconference with RCTC staff to provide status updates
and shall act as an extension of staff as part of the project management duties and timely delivery of
documents.
1.2. Project Administration
Consultant shall execute and maintain subcontracts with each subconsultant. Consultant will perform
project administration services consisting of monthly invoicing, monitoring progress against budget, and
preparing monthly progress reports.
1.3. Project Schedule
Consultant shall provide a detailed project schedule, indicating milestones, major activities and
deliverables. Consultant shall update and submit the schedule on a monthly basis, to coincide with the
PDT meetings or as required.
1.4. Project Management Plan
Consultant will develop a Project Management Plan which includes a list of deliverables, milestone
submittal schedule, summary of organization responsibilities and contacts, specific scope of work, task
budgets, reporting and invoicing procedures, QA/QC plan, and project filing system. The Project
Management Plan will include a Risk Management Plan.
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1.5. Adjacent Project Coordination
Consultant shall prepare an Adjacent Project Coordination matrix and update periodically to track on-
going and planned projects. Consultant shall coordinate with stakeholders and adjacent project owners
to stay up to date on adjacent projects.
1.6. Caltrans Encroachment Permit
Consultant will prepare and submit a Caltrans Encroachment Permit Application to obtain a permit for
PA/ED field activities including site visits, supplemental survey, and environmental surveys. Consultant
will keep this permit active over the course of the PA/ED phase.
Deliverables: Project Management Plan, Project Schedule, Caltrans Encroachment Permit (PA/ED
Phase)
1.7. Resource Agency Coordination
Consultant will coordinate with the various resource agencies regarding the environmental commitment
record mitigation measures as well as anticipated impacts at Coal Canyon Undercrossing.
2. PHASE 1 : Project Definition
2.1. Project Definition
Consultant shall identify the project limits and project study limits, prepare the draft purpose and need,
prepare conceptual exhibits including cross sections for each alternative, and establish independent
utility and logical termini for the project.
2.2. Data Collection
2.2.1. Existing Right of Way Mapping
Consultant will field locate cadastral monuments in the project area to establish the right of way
along the south side of the SR-91 within the project limits and from record information obtained
from RCTC and Caltrans.
2.2.2. Existing Utility Mapping
Consultant will send Letter #1 (As-Built Requests) to utility owners to confirm existing utility base
mapping and perform field visit to review existing utilities in the field. Consultant will update the
existing utility base mapping as needed and prepare existing utility plans for Supplemental Project
Report.
Deliverables: Purpose and Need, Conceptual Exhibits, Existing ROW Mapping, Existing Utility Plans
3. PHASE 2: Alternative Determination
3.1. Alternative Analysis
Consultant will evaluate each viable alternative from the previously prepared Alternative Analysis Report.
Consultant will work closely with RCTC to modify the alternatives as needed. Alternatives include express
lane ingress/egress design, single versus two lane off ramp at Green River Road, and lane/shoulder
widths along SR-91. Up to six (6) alternatives will be evaluated to determine nonstandard features, right-
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of-way impacts, utility impacts, impacts to the Mindeman Landslide, bridge and retaining wall impacts,
and cost.
3.2. Alternative Analysis Workshops
Consultant will prepare for and attend four alternative analysis workshops with the various project
stakeholders. Understanding that all stakeholders may not be able to attend both workshops, up to 8
additional smaller working group meetings will be held with the various stakeholders.
3.3. Alternative Determination Technical Memorandum
Consultant will prepare an Alternative Determination Technical Memorandum documenting the
alternatives studied, recommending the preferred alternative, and documenting the justification for each
alternative studied but rejected. The general contents of this Technical Memorandum will include:
· Purpose of the Technical Memorandum
· Project Description
· Background
· Preferred Project Alternative
· Alternatives Studied but Rejected from Further Analysis
o Rough Order of Magnitude Cost Estimate
o Summary of justification including:
Impacts to Mindeman Landslide
Significant Environmental Impacts
Constructability/Feasibility Issues
Utility Impacts
Right-of-way impacts
Major Nonstandard Features (Lane Widths, Shoulder Widths, Sight Distance)
Consultant will coordinate with project stakeholders to obtain concurrence on the preferred alternative
prior to proceeding to Phase 3.
Deliverables: Alternative Analysis Technical Memorandum
4. PHASE 3: Technical Studies – Engineering and Environmental
4.1. Engineering Technical Studies
4.1.1. Supplemental Traffic Analysis
Consultant will utilize information in the following reports:
· 91 CIP Traffic Study Report
· 15/91 ELC Revenue Study
· Traffic volumes and simulation model outputs prepared by RCTC’s traffic consultant
The work limits are assumed to be from the SR-91/SR-241/Gypsum Canyon Rd interchange to the SR-
91/Green River Rd Interchange. The study limits are one interchange beyond the project work limits.
4.1.1.1. Existing Traffic Counts
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Consultant will utilize available traffic counts to the extent possible. Historical traffic data will be
supplemented with additional counts collected by the Project team.
4.1.1.2. Traffic Forecasting / Operations Analysis Methodology Memo
Consultant will prepare a Traffic Forecasting/Traffic Operations Analysis Methodology Memo
documenting the key input assumptions and methodology to be used to produce existing and
future traffic volumes and the procedures and assumptions to be used in the traffic operations
analysis and discuss with RCTC and Caltrans staff for concurrence. The memo will be developed
based on input from RCTC’s traffic consultant to present and document the modeling work and
traffic analysis performed. The memo will identify the basic geometry of the Build Alternative and
the changes to the existing condition that will constitute the No-Build Alternative. After review by
RCTC & Caltrans staff, a Final Technical Memo will be prepared. The memo will be submitted to
RCTC and Caltrans for approval prior to undertaking the forecasting work.
Deliverables: Draft & Final Traffic Forecasting / Traffic Operations Analysis Methodology
Memo
4.1.1.3. Traffic Data for Noise Analysis Memo
Consultant shall develop a Traffic Data for Noise Analysis Memo documenting the traffic volumes,
vehicle composition by lane and speeds to be used for noise studies undertaken for the
Environmental Revalidation of the SR-91 Corridor Improvement Project (CIP). Consultant shall
coordinate with RCTC’s traffic consultant to obtain traffic data and present it in the required
formats. The memo will be submitted to RCTC and Caltrans for approval.
Deliverables: Draft & Final Traffic Data for Noise Analysis Memo
4.1.1.4. Supplemental Traffic Operations Analysis Report (TOAR)
Consultant will prepare a supplemental TOAR containing traffic operations analysis. The
supplemental TOAR will include procedures and assumptions used in the traffic operations and
traffic safety analysis. Available data, reports, and relevant studies will be reviewed in preparation
of the supplemental TOAR. In addition, Project related impacts and mitigation measures shall be
identified. The study will meet the requirements for NEPA and CEQA documentation required for
the project. The results of related studies will be considered and incorporated as appropriate. The
supplemental TOAR will be submitted to RCTC and Caltrans for review and approval.
The TOAR will analyze AM and PM peak hour conditions for the following scenarios:
· Existing (Base Year)
· No Build (ETC Year)
· Build (ETC Year)
· No Build (Design Year)
· Build (Design Year)
The TOAR will include the following analyses:
· Mainline Segment Analysis
· Weaving Segment Analysis
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· Ramp Merge/Diverge Analysis
· Tolled Express Lane (TEL) Segment Analysis
· Intersection Analysis
· Safety Analysis
Deliverables: Draft & Final Supplemental Traffic Operations Analysis Report
4.1.1.5. VMT Exemption Justification Memo
Consultant will prepare a VMT Exemption Justification Memo to document the justification for
not performing induced demand analysis and VMT analysis as part of the revalidation effort.
The justification for this includes that the SR-91 CIP EIR/EIS was adopted prior to the
implementation of SB 743 and the supplemental traffic analysis is not anticipated to
substantially change the initial study’s results.
Deliverables: Draft & Final VMT Exemption Justification Memo
4.1.2. Geometric Approval Drawings/Supplemental Design Standard Decision Document
Consultant will provide preliminary engineering services to clearly define the project and gain
consensus from project stakeholders. This scope includes preparing the Geometric Approval
Drawings for the preferred alternative along with the SDSDD for both Caltrans District 8 and
District 12 and holding the necessary workshops and stakeholder comment resolution meetings to
obtain approval.
Deliverables: Geometric Approval Drawings and Supplemental Design Standard Decision
Document
4.1.3. Storm Water Data Report (SWDR)
Consultant will prepare a Long Form Storm Water Data Report based on the preferred alternative.
During this PA/ED phase, the focus of the report will be to establish applicable permanent and
temporary BMP requirements. It is assumed that the new impervious surface (NIS) will exceed 1
acre and that treatment will be required for the project, and that it will be feasible to implement
such BMPs within the project area. The report will document preliminary treatment BMP sizes,
types, and locations, and complete the associated and required checklists. Proposed Design
Pollution Prevention BMPs will be identified using the corresponding checklist. Proposed
Temporary Construction Site BMPs will also be identified along with the project’s risk level.
Consultant will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final SWDR
4.1.4. Conceptual Drainage Study Report
Consultant will prepare a Conceptual Drainage Study Report. The Conceptual Drainage Study Report
will include a preliminary on-site and off-site hydrologic analysis within the project limits for the
selected preferred alternative. Preliminary plans will be included that identify drainage impacts
within the project limits including the relocation or realignment of existing drainage systems and
determine the drainage improvements for on-site and off-site drainage facilities. This will be
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identified in coordination with existing and proposed Post Construction Treatment Best
Management Practices and will be done for the preferred alternative. There are no expected
modifications or encroachments within the regulatory floodway. Caltrans and County drainage
systems will be reviewed and the impacts of the preferred alternative on these facilities will be
studied. Necessary replacements and/or improvements including incorporation of Post
Construction Treatment Best Management Practices will be reflected in the cost estimates.
Consultant will coordinate with other agencies regarding their plans for drainage improvements
affecting the project. Consultant will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final Conceptual Drainage Study Report
4.1.5. Right of Way Data Sheet
Consultant shall prepare the Right of Way (ROW) Data Sheet, including the Utility Relocation
Information, for inclusion in the Supplemental Project Report. Consultant will coordinate with RCTC
and Caltrans to obtain concurrence.
Deliverables: Draft and Final ROW Data Sheet
4.1.6. Utility Information Sheet and Conflict Matrix
Consultant shall prepare the Utility Information Sheet and Conflict Matrix for inclusion in the
Supplemental Project Report. Consultant will coordinate with RCTC and Caltrans to obtain
concurrence.
Deliverables: Draft and Final Utility Information Sheet and Conflict Matrix
4.1.7. Cost Estimate for the Preferred Alternative
Consultant shall prepare the standard 11-page cost estimate for the preferred alternative and
coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final 11-page cost estimate
4.1.8. Transportation Management Plan (TMP) Data Sheet
Consultant will prepare a TMP Data Sheet based on the most recent edition of the Caltrans TMP
Guidelines. The TMP Data Sheet will identify preliminary costs for TMP strategies such as Public
Information, Incident Management, Demand Management, etc. It is assumed that the TMP Data
Sheet will be prepared after the preferred alternative has been selected. Consultant will coordinate
with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final TMP Data Sheet
4.1.9. Staging Concept Plans
Consultant will prepare Stage Construction Concept Exhibits for the proposed improvements. The
Stage Construction Concept Exhibits will identify the work zone and description of work, depict the
proposed traffic control layout and temporary traffic control devices such as delineators, barrier,
barricades, and temporary striping. Other items such as temporary signage, striping details, and
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delineator spacing will not be shown. For the purposes of this proposal, it is assumed that six (6)
major construction stages will be depicted, and that up to two (2) rounds of comments will be
received by the reviewing agency. It is assumed that the Stage Construction Concept Exhibits will be
prepared after the preferred alternative has been selected. Consultant will coordinate with RCTC
and Caltrans to obtain concurrence.
Deliverables: Draft and Final Staging Concept Plans
4.1.10. Overhead Sign Concept Plan
Consultant will prepare an Overhead Sign Concept Plan that covers the extent of the project limits
and any outlying overhead signs impacted by the proposed project. The Overhead Sign Concept
Plan will be limited to showing the overall intended messaging along the corridor to ensure it meets
CAMUTCD requirements. This includes existing and proposed overhead sign panels (including
Express Lane signs), sign structures (i.e. one post, two post, bridge mounted), changeable message
signs, toll gantries, stationing, and existing and proposed striping. The Overhead Sign Concept Plan
will not cover items such as electrical components, overhead sign dimensions, sign structure type,
and roadside signs unless they are directly relevant to conveying the proposed messaging. It is
assumed that the Overhead Sign Concept Plan will be prepared after the preferred alternative has
been selected. Consultant will coordinate with RCTC, Caltrans, and FHWA, if needed, to obtain
concurrence on the Overhead Sign Concept Plan.
Deliverables: Draft and Final Overhead Sign Concept Plan
4.1.11. Geotechnical Services
The scope of work will include a review of proposed plans, site reconnaissance, review of aerial
photographs, review of published geotechnical and seismic maps and other data, and review of
existing subsurface information within the corridor; no subsurface exploration is proposed at this
stage. Geotechnical analysis, reports, and recommendations will be prepared in accordance with the
current Caltrans Geotechnical Manual report guideline modules.
4.1.11.1. Structure Preliminary Geotechnical Report
Consultant will prepare Structure Preliminary Geotechnical Design Reports in support of the
Advanced Planning Studies for the following structures. A separate SPGR will be submitted for
each structure to support APS as required by and in accordance with “Caltrans Geotechnical
Manual, Foundation Reports For Bridges (January 2021)” and “Caltrans Geotechnical Manual,
Foundation Reports For Earth Retaining Systems (ERS) (January 2021).”
· County Line Creek Bridge (Widen)
· Coal Canyon Undercrossing (Widen)
· Retaining Wall No. 538 (Sta 538+00), Cut Wall, Approx. Length = 200 ft
· Retaining Wall No. 560 (Sta 560+00), Cut Wall, Approx. Length = 800 ft
· Retaining Wall No. 582 (Sta 582+00), Fill Wall, Approx. Length = 800 ft
· Retaining Wall No. 609 (Sta 609+00), Cut Wall, Approx. Length = 1200 ft
Deliverables: Structure Preliminary Geotechnical Reports
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4.1.11.2. Preliminary Geotechnical Design Report
Consultant will prepare a single Preliminary Geotechnical Design Report (PGDR) for the roadway
portions of the project. The report will be a paper study (no fieldwork) and provide the
necessary information for the PA/ED stage of the project. The report will be prepared based on
the proposed PA/ED plans, published geologic and seismic data, available as-built drawings and
Log of Test Borings (LOTB) for existing structures, recent subsurface information and
geotechnical reports from the SR-91 CIP D-B. The PGDR will be prepared in accordance with
“Caltrans Geotechnical Manual, Geotechnical Design Reports (February 2021)” for evaluation of
the roadway project alternatives under consideration for project scoping, cost estimating, and
geotechnical design considerations.
Deliverables: Draft & Final Preliminary Geotechnical Design Report
4.1.12. Structure Advanced Planning Studies
It is assumed that an Advanced Planning Study will be required for each nonstandard wall
and bridge widening. Advanced Planning Studies for the following structures are assumed:
· County Line Creek Bridge (Widen)
· Coal Canyon Undercrossing (Widen)
· Retaining Wall No. 538 (Sta 538+00), Cut Wall, Approx. Length = 200 ft
· Retaining Wall No. 560 (Sta 560+00), Cut Wall, Approx. Length = 800 ft
· Retaining Wall No. 582 (Sta 582+00), Fill Wall, Approx. Length = 800 ft
· Retaining Wall No. 609 (Sta 609+00), Cut Wall, Approx. Length = 1200 ft
Deliverables: Structure Advanced Planning Studies
4.1.13. Supplemental Noise Abatement Decision Report (SNADR)
Consultant will prepare Supplemental Noise Abatement Decision Report (SNADR). Consultant will
coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final SNADR
4.2. Environmental Technical Studies
4.2.1. Initial Site Assessment (ISA) Technical Memorandum
Consultant will prepare ISA Technical Memorandum to update potential impacts from hazardous
materials. A new records search would be required along with a field survey to document site
conditions. Consultant will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final ISA Technical Memorandum
4.2.2. Air Quality Conformity Memorandum
Consultant will prepare Air Quality Conformity Memorandum to document that the previous Air
Quality Conformity Determination for the project still stands. This scope of work assumes that the
air quality analysis will follow the same approach used for the SR-91 Corridor Operations Project. A
Technical Memorandum will be prepared to document the approach used to reach the conclusion
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that the previously issued Project Level Conformity Determination for the SR-91 CIP remains valid
for obtaining the Record of Decision for the currently proposed improvements associated with the
Ultimate SR-91 CIP. This methodology was based on the following three triggers for redetermination
of conformity: (1) a significant change in the project’s design concept and scope; (2) 3 years’ lapse
since the most recent major step to advance the project; (3) or initiation of a supplemental
environmental document for air quality purposes.
Deliverables: Air Quality Technical Memorandum
4.2.3. Supplemental Noise Study Report
Consultant will prepare a Noise Study Workplan, perform noise measurements, and prepare the
Supplemental Noise Study Report. Consultant will coordinate with RCTC and Caltrans to obtain
concurrence.
Deliverables: Draft and Final Supplemental Noise Study Report
4.2.4. Natural Resources
Consultant will obtain new species lists, perform field surveys, and prepare a Supplemental Natural
Environment Study. Consultant will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final Supplemental Natural Environmental Study
4.2.5. Cultural Resources
Cultural Resources Records Search. Consultant will initiate a cultural records search request from the
Eastern Information Center (EIC) for the portion of the project area within Riverside County and
with the South Central Coastal information Center (SCCIC) for the portion of the project area in
Orange County. The records searches will identify known cultural resources and previous
investigations situated within a 1.0-mile search radius around the preferred alternative. In addition,
the Built Environment Resources Directory (BERD) will be reviewed to identify properties listed on
or determined eligible for listing on the National Register of Historic Places (NRHP) and the
California Register of Historical Resources (CRHR). Historic-age maps and photographs will be
reviewed to determine if there are historic-age (i.e., 50 years old or older) structures or features
within the Project area.
Sacred Lands File Search. Consultant will contact the California Native American Heritage
Commission (NAHC) for a new/updated Sacred Lands File (SLF) search. Current NAHC lead times are
6 to 8 weeks; Consultant will remain in communication with the NAHC and will alert the
Commission and Caltrans if NAHC results cannot be returned within the 6- to 8-week projected
timeline. The NAHC will determine whether any reported Native American sacred lands are located
within or adjacent to the project area. In addition, the NAHC will provide a list of Native American
tribes affiliated with the project area. No new Section 106 or Native American consultations are
anticipated.
Cultural Resources Survey. Consultant will perform an intensive cultural resources survey of
approximately 4.5 linear miles south of the eastbound lanes of SR-91, between the interchanges
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with SR-241 to the west and SR-71 to the east, near Chino, as delineated in the APE map. Fieldwork
will examine the Project area for prehistoric and historic-age archaeological sites and historic-age
built structures or features. Any newly identified archaeological resources and historic-age elements
of the built environment will be mapped and documented in detail. Sufficient information will be
collected to prepare a California Department of Parks and Recreation (DPR) 523 site record for each
identified resource. Any previously recorded resources will be examined with the site constituents
and conditions compared to those originally documented. Any changes or new information will be
documented, and an updated DPR 523 record will be prepared.
Supplemental Archaeological Survey Report. Consultant will prepare an Archaeological Survey
Report (ASR) summarizing the Project description, regulatory context, environmental setting, and
historic, ethnographic, and prehistoric background of the area. The report will describe the methods
and results of the records search, SLF search, and pedestrian survey. Any cultural resources
identified within the survey area will be described in detail with DPR 523 records provided as a
confidential appendix to the report. The report will include recommendations for any further work
that may be required, such as formal evaluation of resources for eligibility to the NRHP and CRHR.
The report will be prepared following the standards specified by Caltrans in the Standard
Environmental Reference (SER), Volume 2: Cultural Resources.
Supplemental Historic Properties Survey Report. Consultant will prepare a Supplemental Historic
Properties Survey Report (SHPSR) summarizing the project description, regulatory context,
environmental setting, and historic, ethnographic, and prehistoric background of the area. The
SHPSR will describe the methods and results of the updated records searches and SLF search and
will summarize results from previous cultural resources investigations within the project area. The
SHPSR will include recommendations for any further work that may be required, such as formal
evaluation of resources for eligibility to the NRHP and CRHR. The report will be prepared following
the standards specified by Caltrans in the Standard Environmental Reference (SER), Volume 2:
Cultural Resources. Consultant will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Supplemental Archaeological Survey Report, Supplemental Historic Properties Survey
Report (SHPSR)
4.2.6. Supplemental Community Impact Assessment Memorandum
Consultant will prepare a Supplemental Community Impact Assessment Memorandum. Consultant
will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final Supplemental Community Impact Assessment Memorandum
4.2.7. Paleontological Resources
Consultant will prepare a Paleontological Identification Report/Paleontological Evaluation Report
(PIR/PER) Memorandum. Since the paleontological records search for the SR-91 CIP was completed
more than 10 years ago, supplemental records searches will be requested from the Natural History
Museum of Los Angeles County and the Western Science Center. The qualified paleontologist will
then produce a Memorandum summarizing any updates to the project description, maps, geology,
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paleontological potential, and mitigation recommendations for the project area. The Memorandum
will also state if the information in the adopted SR-91 CIP EIR/EIS and previously approved
revalidations remains valid with regard to paleontological resources. Consultant will coordinate with
RCTC and Caltrans to obtain concurrence.
Deliverables: PIR/PER Memorandum
4.2.8. Energy and Climate Change Memo
Consultant will prepare Energy and Climate Change Memorandum. Consultant will coordinate with
RCTC and Caltrans to obtain concurrence. The memorandum will document that the SR-91 ECOP is
consistent with Caltrans energy climate change requirements.
Deliverables: Energy and Climate Change Memorandum
4.2.9. Focused Bat Survey and Reporting
Most of the structures within the proposed project area that contain bat roosting habitat have been
surveyed within the past few years for other projects, and maternity-season surveys are typically
valid for several years provided there are no changes to site conditions. Consequently, recent data
can be used to analyze potential impacts from the proposed project and avoid any unnecessary
duplication of survey effort. However, the SR-91/SR-241 flyover structures at Gypsum Canyon has not
been surveyed since summer 2017. Given that the Canyon and Canyon 2 fires in fall 2017 may have
affected roosting habitat south of this flyover along the SR-241, and there is a potential for some of
those colonies to have relocated to the SR-241 flyovers, nighttime acoustic and emergence survey
may be conducted at those structures, if requested by RCTC or Caltrans.
After the nighttime acoustic and emergence survey is completed, the bat specialist will analyze all
acoustic data collected and prepare a brief report documenting the survey results. The report will
also include project-specific recommendations to minimize potential adverse effect to bats from the
proposed project for incorporation into the project’s environmental documents.
PHASE 4: Complete PA/ED and Revalidation
5.1 Supplemental Project Report
Consultant will update the 91 CIP Project Report sections that change or require discussion due to the
91 ECOP. Sections that do not change will be documented as ‘no change’ within the Supplemental
Project Report. The 91 CIP approved Project Report contained the following sections: (bold italics
indicates changes are anticipated)
Consultant will prepare SPR Attachments not previously described in Section 4:
· Vicinity Map
· Geometric Plans for the Preferred Alternative (Layouts, Typical Sections, Profiles)
Deliverables: Draft & Final Supplemental Project Report
5.2 Environmental Revalidation and Environmental Commitments Record (ECR)
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The Consultant will prepare a CEQA/NEPA Revalidation/Re-Evaluation Form summarizing the results of
the environmental impacts associated with the 91 ECOP project. For environmental resources resulting
in no change since the previous environmental approval and/or minor change in the environmental
setting and/or effects, a short discussion justifying the validity of the Final EIR/EIS will be prepared in
the Revalidation Form.
Consultant will review 91 CIP ECR to identify the measures applicable to the 91 ECOP and revise if
needed based on the results of the supplemental engineering and environmental technical studies.
Deliverable: CEQA/NEPA Revalidation and Environmental Commitments Record
5.3 Notice of Determination (NOD) / Record of Decision (ROD)
Consultant shall prepare a Notice of Determination (NOD) and Record of Decision (ROD) discussing
potential effects of the 91 ECOP. Since the revalidation will not be circulated for public review,
response to comments will not be included in the ROD. The following activities will be conducted by
the Consultant for this effort:
· Prepare NOD/ROD summarizing the results of the supplemental environmental studies
· Draft Statute of Limitations on Claims and submit to Caltrans for review and approval
Deliverables: NOD/ROD; Statute of Limitation on Claims
6 OPTIONAL SCOPE OF WORK
6.1 Air Quality, Climate Change, and Energy Reports
Consultant will prepare an Air Quality Report (AQR), an Air Quality Conformity Analysis (AQCA), an Air
Quality Conformity Findings Checklist, and a Climate Change insert for capacity-increasing projects
using annotated outline templates from the Caltrans website. The AQR will analyze operational mobile
source emissions from vehicles traversing the Project corridor under existing conditions and in the
opening and horizon years with and without the Project using traffic forecast data from the regional
transportation model that is assumed will be provided by RCTC’s traffic consultant. The AQR will
address long-term changes in emissions of ozone precursors, criteria air pollutants, mobile source air
toxics (MSATs), and greenhouse gases (GHGs) using the California Air Resources Board (CARB) EMission
FACtor (EMFAC) model. The AQR will also address temporary, short-term emissions of air pollutants
during construction activities, as well as federal requirements related to Transportation Conformity.
Consultant will evaluate consistency with Regional Conformity by confirming that the Project is
programmed in the most recently approved Southern California Association of Governments (SCAG)
Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) that has obtained approval
of its regional conformity analysis from the Federal Highways Administration (FHWA) and Federal
Transit Administration (FTA), as well as the most recent Federal Transportation Improvement Program
(FTIP). The Project-Level Conformity assessment will involve ensuring that the Project’s proposed
improvements are accurately described in the SCAG RTP/SCS entry with the correct opening year, as
well as addressing a Hot Spots analysis due to Riverside County’s current nonattainment status for the
particulate matter (PM) ambient air quality standards. Consultant will prepare a PM Conformity Hot
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Spot Analysis to be presented to the SCAG Transportation Conformity Working Group (TCWG). The
approach to demonstrating that the Project is not a Project of Air Quality Concern (POAQC) will follow
the same tiering evaluation as the 2020 SR-91 COP, in that the Project is captured within the
conformity analysis corresponding to the 2012 SR-91 CIP EIR/EIS for the Ultimate Project and less than
three (3) years have lapsed since the last major project milestone (SR-91 COP westbound construction).
The TCWG determination will be posted via public notice since the environmental document will not
circulate.
In addition to the AQR, Consultant will prepare a Climate Change insert for the environmental
document developed by Caltrans for capacity-increasing projects. Similar to the AQR, the Climate
Change assessment will disclose annual GHG emissions estimated for existing conditions and the
opening and horizon year of the Project for the Build and No Build Alternatives. The analysis will also
consider the Project’s consistency with the SCAG SCS in accordance with Senate Bill 375 and will
provide an overview of relevant GHG emissions reduction strategies at the regional and local levels. An
adaptation analysis will be included that addresses possible future environmental concerns related to
climate change such as sea level rise, precipitation and flooding, wildfires, and extreme heat. This
scope accounts for responding to two rounds of comments received from Caltrans review.
Consultant will prepare an Energy Report based on methodology provided by Caltrans in Chapter 13 of
the Standard Environmental Reference and using the Energy Analysis Outline (2022). The Energy
Report will determine if implementation of the Project would result in the wasteful, inefficient, or
unnecessary use of energy, or wasteful use of energy resources. The analysis will include estimating
direct energy use during construction activities and long-term changes in energy use (i.e.,
transportation fuels) indirectly resulting from the additional capacity along the Project corridor.
Regarding short-term energy consumption, fuel use will be estimated using the Sacramento
Metropolitan Air Quality Management District (SMAQMD) Road Construction Emissions Model (RCEM)
and the United States Environmental Protection Agency (U.S. EPA) GHG equivalencies formulas. To
address long-term energy consumption, fuel use in the corridor will be estimated using emission
factors from the EMFAC model and traffic data provided by the project team (i.e., vehicle miles
traveled and vehicle speeds). The Energy Report will also include a qualitative discussion of indirect
energy consumption from roadway maintenance, direct energy consumption from lighting, and
consistency with local and State Energy Conservation Plans.
Deliverables: Air Quality Report (AQR), Air Quality Conformity Analysis (AQCA), Air Quality
Conformity Findings Checklist, Climate Change insert, Energy Report
6.2 Induced Demand Analysis Report
Consultant will run the Regional Travel Demand model runs to forecast vehicle miles traveled (VMT).
The induced demand analysis will adhere to the Transportation Analysis Framework (TAF) guidance and
will use VMT measurements based on the 2020 SCAG Activity Based Model benchmarked by the
National Center for Sustainable Transportation (NCST) Calculator. The analysis will compare the VMT
with and without the project to determine if there is a significant impact. If VMT increases occur, the
consultant will evaluate mitigation measures to determine their ability to reduce the project's VMT
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impacts based on Transportation Analysis under CEQA (TAC) guidelines for evaluating transportation-
related projects.
Deliverables: Induced Demand Analysis Report
6.3 Additional Alternative Analysis
Up to two (2) additional alternatives will be evaluated to determine nonstandard features, right-of-way
impacts, utility impacts, impacts to the Mindeman Landslide, bridge and retaining wall impacts, and cost.
Two additional alternatives will be included in the Alternative Determination Technical Memorandum
discussed under Task 3.3.
6.4 Mindeman Landslide Technical Memorandum
Consultant will prepare a technical memorandum addressing the Mindeman Landslide. The technical
memorandum will be a desktop study to justify the avoidance of widening alternatives that would
impact the landslide area.
Deliverables: Mindeman Landslide Technical Memorandum
6.5 Structures (Full Standard)
6.5.1 Structure Preliminary Geotechnical Report (Full Standard)
In addition to the structures listed in 4.1.11.1, Consultant will prepare Structure Preliminary
Geotechnical Design Reports in support of the APS for the following structures. A separate SPGR
will be submitted for each structure to support APS as required by and in accordance with
“Caltrans Geotechnical Manual, Foundation Reports For Bridges (January 2021)” and “Caltrans
Geotechnical Manual, Foundation Reports For Earth Retaining Systems (ERS) (January 2021).”
· Retaining Wall No. 574 (Sta 574+00), Cut Wall, Approx. Length = 600 ft
· Retaining Wall No. 580 (Sta 580+00), Fill Wall, Approx. Length = 170 ft
· Retaining Wall No. 598 (Sta 598+00), Cut Wall, Approx. Length = 860 ft
Deliverables: Structure Preliminary Geotechnical Reports
6.5.2 Structure Advanced Planning Studies (Full Standard)
Additional Structures include:
· Retaining Wall No. 574 (Sta 574+00), Cut Wall, Approx. Length = 600 ft
· Retaining Wall No. 580 (Sta 580+00), Fill Wall, Approx. Length = 170 ft
· Retaining Wall No. 598 (Sta 598+00), Cut Wall, Approx. Length = 860 ft
Deliverables: Structure Advanced Planning Studies
6.6 Slope Stabilization Alternative Analysis
Consultant will evaluate alternatives to stabilize spot locations of eroding slopes along eastbound SR-91.
It is assumed that up to 3 locations will be evaluated. A technical memorandum will be prepared to
document the existing conditions, alternatives for consideration, and cost. Consultant will evaluate
environmental impacts associated with the slope stabilization alternatives. It is assumed that no
subsurface investigation will be required as part of this alternative analysis.
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Deliverables: Slope Stabilization Technical Memorandum
6.7 Field Survey of Existing Slopes
Consultant will perform field survey of existing slopes to support the Slope Stabilization Technical
Memorandum, if necessary. Up to 3 locations are assumed.
Deliverables: Field Survey of Existing Slopes
6.8 Materials Report/Life Cycle Cost Analysis
Consultant shall prepare Materials Report providing pavement section recommendations. A Life Cycle
Cost Analysis will be prepared to determine the preferred pavement type.
Deliverables: Materials Report, Life Cycle Cost Analysis
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Model Agreement Exhibit B
EXHIBIT “B” - SCHEDULE OF SERVICES
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FIGURE C-7: ScheduleFIGURE #-#: 91 ECOP Schedule Summary
91 ECOP SCHEDULE
ID TASK NAME
DURATION START FINISH 2023 2024 2025 2026
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
1 91 ECOP PA/ED Phase 723 days Thu 6/1/23 Mon 3/9/26
2 Notice To Proceed (NTP)0 days Thu 6/1/23 Thu 6/1/23
3 Kick-Off Meeting 0 days Wed 6/14/23 Wed 6/14/23
4 Adjacent Project Coordination 505 days Thu 6/15/23 Wed 5/21/25
5 Project Management Plan/Risk Management Plan 60 days Thu 6/1/23 Wed 8/23/23
10 Project Definition (PHASE 1)20 days Thu 6/15/23 Wed 7/12/23
11 Project Description, Purpose & Need, Exhibit 20 days Thu 6/15/23 Wed 7/12/23
16 Data Collection 65 days Thu 6/15/23 Wed 9/13/23
17 Existing Right-of-Way Mapping 30 days Thu 6/15/23 Wed 7/26/23
19 Utility Coordination 65 days Thu 6/15/23 Wed 9/13/23
23 Alternative Determination (PHASE 2)245 days Thu 6/15/23 Wed 5/22/24
24 Alternative Determination Report 150 days Thu 6/15/23 Wed 1/10/24
36 Supplemental Traffic Studies 225 days Thu 7/13/23 Wed 5/22/24
50 Technical Studies - Engineering and Environmental (PHASE 3)295 days Thu 1/11/24 Wed 2/26/25
51 Environmental Technical Studies 272 days Thu 1/11/24 Fri 1/24/25
52 Noise 272 days Thu 1/11/24 Fri 1/24/25
53 Traffic Counts (For Noise Study)65 days Thu 1/11/24 Wed 4/10/24
58 Noise Study Report Workplan 70 days Thu 1/11/24 Wed 4/17/24
66 Field Measurements 5 days Thu 4/18/24 Wed 4/24/24
68 TNM Calibration Model 60 days Thu 4/25/24 Wed 7/17/24
75 Noise Build Model 55 days Thu 7/18/24 Wed 10/2/24
80 Supplemental Noise Study Report 40 days Thu 10/3/24 Wed 11/27/24
85 Supplemental Noise Abatement Decision Report 50 days Mon 11/18/24 24 Fri 1/24/25
90 Air Quality 125 days Thu 1/11/24 Wed 7/3/24
96 Supplemental NES 150 days Thu 1/11/24 Wed 8/7/24
105 Cultural Resources Memo 110 days Thu 1/11/24 Wed 6/12/24
111 Paleontological Resources 90 days Thu 1/11/24 Wed 5/15/24
116 ISA Memo 90 days Thu 1/11/24 Wed 5/15/24
121 Energy and Climate Change Memo 160 days Thu 1/11/24 Wed 8/21/24
128 Community Impact Assessment Memo 90 days Thu 1/11/24 Wed 5/15/24
133 Engineering Technical Studies 295 days Thu 1/11/24 Wed 2/26/25
134 (GAD) Drawings and (DSDD) Document 215 days Thu 1/11/24 Wed 11/6/24
149 Overhead Sign Concept Plan 100 days Thu 4/4/24 Wed 8/21/24
157 ROW Data Sheet 60 days Thu 8/15/24 Wed 11/6/24
165 TMP Data Sheet 70 days Thu 8/15/24 Wed 11/20/24
173 Staging Concept Plans 130 days Thu 7/18/24 Wed 1/15/25
181 Conceptual Drainage Study Report 135 days Thu 7/18/24 Wed 1/22/25
189 Storm Water Data Report (SWDR) 95 days Thu 8/15/24 Wed 12/25/24
197 Preliminary Structures Engineering 140 days Thu 8/15/24 Wed 2/26/25
206 Preliminary Geotechnical Report 75 days Thu 8/15/24 Wed 11/27/24
212 Complete SPR and Revalidation (Phase 4) 348 days Thu 11/7/24 Mon 3/9/26
213 Environmental Revalidation 95 days Thu 12/26/24 Wed 5/7/25
221 Supplemental Project Report (SPR) 140 days Thu 11/7/24 Wed 5/21/25
226 Notice of Determination/Record of Decision (NOD/ROD)205 days Mon 5/26/25 Mon 3/9/26
LEGEND Critical Path Noncritical Path
The Parsons team has the existing data to kickoff
the alternative analysis directly following NTP.
NOD/ROD RCTC Committee and Commission Adoption, and
Statute of Limitations is anticipated to take 9 months. PS&E
phase can be be delivered concurrently, if not sooner.
PA/ED Phase is anticipated to take
2 years from NTP to SPR approval
Critical Path is expected to run through the Supplemental
Noise Analysis and Environmental Revalidation
1
Riverside County Transportation Commission
Completion of Project Approval/Environmental Document for the State Route 91 Eastbound Corridor Operations Project
FIGURE #-#: 91 ECOP Schedule Summary
91 ECOP SCHEDULE
ID TASK NAME
DURATION START FINISH 2023 2024 2025 2026
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
1 91 ECOP PA/ED Phase 723 days Thu 6/1/23 Mon 3/9/26
2 Notice To Proceed (NTP)0 days Thu 6/1/23 Thu 6/1/23
3 Kick-Off Meeting 0 days Wed 6/14/23 Wed 6/14/23
4 Adjacent Project Coordination 505 days Thu 6/15/23 Wed 5/21/25
5 Project Management Plan/Risk Management Plan 60 days Thu 6/1/23 Wed 8/23/23
10 Project Definition (PHASE 1)20 days Thu 6/15/23 Wed 7/12/23
11 Project Description, Purpose & Need, Exhibit 20 days Thu 6/15/23 Wed 7/12/23
16 Data Collection 65 days Thu 6/15/23 Wed 9/13/23
17 Existing Right-of-Way Mapping 30 days Thu 6/15/23 Wed 7/26/23
19 Utility Coordination 65 days Thu 6/15/23 Wed 9/13/23
23 Alternative Determination (PHASE 2)245 days Thu 6/15/23 Wed 5/22/24
24 Alternative Determination Report 150 days Thu 6/15/23 Wed 1/10/24
36 Supplemental Traffic Studies 225 days Thu 7/13/23 Wed 5/22/24
50 Technical Studies - Engineering and Environmental (PHASE 3)295 days Thu 1/11/24 Wed 2/26/25
51 Environmental Technical Studies 272 days Thu 1/11/24 Fri 1/24/25
52 Noise 272 days Thu 1/11/24 Fri 1/24/25
53 Traffic Counts (For Noise Study)65 days Thu 1/11/24 Wed 4/10/24
58 Noise Study Report Workplan 70 days Thu 1/11/24 Wed 4/17/24
66 Field Measurements 5 days Thu 4/18/24 Wed 4/24/24
68 TNM Calibration Model 60 days Thu 4/25/24 Wed 7/17/24
75 Noise Build Model 55 days Thu 7/18/24 Wed 10/2/24
80 Supplemental Noise Study Report 40 days Thu 10/3/24 Wed 11/27/24
85 Supplemental Noise Abatement Decision Report 50 days Mon 11/18/24 24 Fri 1/24/25
90 Air Quality 125 days Thu 1/11/24 Wed 7/3/24
96 Supplemental NES 150 days Thu 1/11/24 Wed 8/7/24
105 Cultural Resources Memo 110 days Thu 1/11/24 Wed 6/12/24
111 Paleontological Resources 90 days Thu 1/11/24 Wed 5/15/24
116 ISA Memo 90 days Thu 1/11/24 Wed 5/15/24
121 Energy and Climate Change Memo 160 days Thu 1/11/24 Wed 8/21/24
128 Community Impact Assessment Memo 90 days Thu 1/11/24 Wed 5/15/24
133 Engineering Technical Studies 295 days Thu 1/11/24 Wed 2/26/25
134 (GAD) Drawings and (DSDD) Document 215 days Thu 1/11/24 Wed 11/6/24
149 Overhead Sign Concept Plan 100 days Thu 4/4/24 Wed 8/21/24
157 ROW Data Sheet 60 days Thu 8/15/24 Wed 11/6/24
165 TMP Data Sheet 70 days Thu 8/15/24 Wed 11/20/24
173 Staging Concept Plans 130 days Thu 7/18/24 Wed 1/15/25
181 Conceptual Drainage Study Report 135 days Thu 7/18/24 Wed 1/22/25
189 Storm Water Data Report (SWDR) 95 days Thu 8/15/24 Wed 12/25/24
197 Preliminary Structures Engineering 140 days Thu 8/15/24 Wed 2/26/25
206 Preliminary Geotechnical Report 75 days Thu 8/15/24 Wed 11/27/24
212 Complete SPR and Revalidation (Phase 4) 348 days Thu 11/7/24 Mon 3/9/26
213 Environmental Revalidation 95 days Thu 12/26/24 Wed 5/7/25
221 Supplemental Project Report (SPR) 140 days Thu 11/7/24 Wed 5/21/25
226 Notice of Determination/Record of Decision (NOD/ROD)205 days Mon 5/26/25 Mon 3/9/26
LEGEND Critical Path Noncritical Path
The Parsons team has the existing data to kickoff
the alternative analysis directly following NTP.
NOD/ROD RCTC Committee and Commission Adoption, and
Statute of Limitations is anticipated to take 9 months. PS&E
phase can be be delivered concurrently, if not sooner.
PA/ED Phase is anticipated to take 2 years from NTP to SPR approval
Critical Path is expected to run through the Supplemental
Noise Analysis and Environmental Revalidation
1
Riverside County Transportation Commission
Completion of Project Approval/Environmental Document for the State Route 91 Eastbound Corridor Operations Project
27/28 of 30
Project Approval/Environmental Document
for the State Route 91 Eastbound Corridor Operations Project
54-55Technical Proposal / C. Project Understanding and Approach
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Model Agreement Exhibit C
EXHIBIT “C” - COMPENSATION PROVISIONS
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FIRM PROJECT TASKS/ROLE COST
Parsons Transportation Group, Inc.PA/ED for SR-91 Eastbound Corridor Operations 2,361,897$
Psomas Supplemental Survey/ Right-of-Way Mapping 198,110$
Group Delta Consultants, Inc.Geotechnical 273,717$
LSA Associates, Inc.Bat Specialist 5,893$
Bargas Environmental Consulting, LLC Paleontological Studies/Cultural Resources 17,424$
Chen Ryan Associates, Inc. Staging Concept Plans, TMP Data Sheet,
Overhead Sign Concept Plans, Storm Water Data
Report, Conceptual Drainage Study 469,896$
Terry A. Hayes Associates, Inc.Air Quality Suport 71,977$
Vandermost Consulting Services, Inc.Biological Resources 65,600$
3,464,514$ TOTAL COSTS
1 Commission authorization pertains to total contract award amount. Compensation adjustments between consultants may occur;
however, the maximum total compensation authorized may not be exceeded.
EXHIBIT "C"
Prime Consultant:
Sub Consultants:
COMPENSATION SUMMARY1
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Model Agreement Exhibit D
EXHIBIT "D"
FEDERAL DEPARTMENT OF TRANSPORTATION
FHWA AND CALTRANS REQUIREMENTS
1. NONDISCRIMINATION & STATEMENT OF COMPLIANCE.
A. Consultant’s signature affixed herein shall constitute a certification under penalty of
perjury under the laws of the State of California that CONSULTANT has, unless
exempt, complied with, the nondiscrimination program requirements of Government
Code Section 12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Agreement, Consultant and its subconsultants shall
not deny the Agreement’s benefits to any person on the basis of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status, nor shall they unlawfully
discriminate, harass, or allow harassment against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status. Consultant and its subconsultants shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such
discrimination and harassment.
C. Consultant and its subconsultants shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations
promulgated thereunder (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-
11139.5, and any regulations or standards adopted by Commission to implement such
article. The applicable regulations of the Fair Employment and Housing Commission
implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full.
D. Consultant shall permit access by representatives of the Department of Fair
Employment and Housing and the Commission upon reasonable notice at any time
during the normal business hours, but in no case less than twenty-four (24) hours’
notice, to such of its books, records, accounts, and all other sources of information and
its facilities as said Department or Commission shall require to ascertain compliance
with this clause.
E. Consultant and its subconsultants shall give written notice of their obligations
under this clause to labor organizations with which they have a collective bargaining or
other Agreement.
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F. If this Agreement is federally funded, the Consultant shall comply with regulations
relative to Title VI (nondiscrimination in federally-assisted programs of the Department
of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title
VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance
will implement and maintain a policy of nondiscrimination in which no person in the state
of California shall, on the basis of race, color, national origin, religion, sex, age,
disability, be excluded from participation in, denied the benefits of or subject to
discrimination under any program or activity by the recipients of federal assistance or
their assignees and successors in interest.
G. If this Agreement is federally funded, Consultant shall comply with regulations
relative to non-discrimination in federally-assisted programs of the U.S. Department of
Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964).
Specifically, the Consultant shall not participate either directly or indirectly in the
discrimination prohibited by 49 CFR §21.5, including employment practices and the
selection and retention of subconsultants.
H. Consultant and its subconsultants will never exclude any person from participation
in, deny any person the benefits of, or otherwise discriminate against anyone in
connection with the award and performance of any contract covered by 49 CFR 26 on
the basis of race, color, sex, or national origin. In administering the Commission
components of the DBE Program plan, Consultant and its subconsultants will not,
directly, or through contractual or other arrangements, use criteria or methods of
administration that have the effect of defeating or substantially impairing
accomplishment of the objectives of the DBE Program plan with respect to individuals of
a particular race, color, sex, or national origin.
I. Consultant shall include the nondiscrimination and compliance provisions of this
section in all subcontracts to perform work under this Agreement.
2. DEBARMENT AND SUSPENSION CERTIFICATION
CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of
perjury under the laws of the State of California, that CONSULTANT has complied with
Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment
and Suspension (nonprocurement)”, which certifies that he/she or any person
associated therewith in the capacity of owner, partner, director, officer, or manager, is
not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency; has not been suspended, debarred, voluntarily
excluded, or determined ineligible by any federal agency within the past three (3) years;
does not have a proposed debarment pending; and has not been indicted, convicted, or
had a civil judgment rendered against it by a court of competent jurisdiction in any
matter involving fraud or official misconduct within the past three (3) years. Any
exceptions to this certification must be disclosed to COMMISSION.
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B. Exceptions will not necessarily result in denial of recommendation for award, but will
be considered in determining CONSULTANT responsibility. Disclosures must indicate to
whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by
the General Services Administration are to be determined by the Federal highway
Administration.
3. TITLE VI ASSURANCES
During the performance of this Agreement, the consultant, for itself, its assignees and
successors in interest (hereinafter collectively referred to in this section as
CONSULTANT) agrees as follows:
A. Compliance with Regulations: CONSULTANT shall comply with the regulations
relative to nondiscrimination in federally assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS), which are
herein incorporated by reference and made a part of this agreement.
B. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub-applicants, including
procurements of materials and leases of equipment. CONSULTANT shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the agreement covers a program set
forth in Appendix B of the Regulations.
C. Solicitations for Sub-agreements, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by
CONSULTANT for work to be performed under a sub- agreement, including
procurements of materials or leases of equipment, each potential sub-applicant or
supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under
this Agreement and the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
D. Information and Reports: CONSULTANT shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by the recipient or FHWA to be pertinent to ascertain compliance
with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of
another who fails or refuses to furnish this information, CONSULTANT shall so certify to
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the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT
has made to obtain the information.
E. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with
the nondiscrimination provisions of this agreement, the recipient shall impose such
agreement sanctions as it or the FHWA may determine to be appropriate, including, but
not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable
period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.
F. Incorporation of Provisions: CONSULTANT shall include the provisions of
paragraphs (1) through (6) in every sub-agreement, including procurements of materials
and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or
procurement as the recipient or FHWA may direct as a means of enforcing such
provisions including sanctions for noncompliance, provided, however, that, in the event
CONSULTANT becomes involved in, or is threatened with, litigation with a sub-
applicant or supplier as a result of such direction, CONSULTANT may request the
recipient enter into such litigation to protect the interests of the State, and, in addition,
CONSULTANT may request the United States to enter into such litigation to protect the
interests of the United States.
G. During the performance of this contract, the CONSULTANT agrees to comply with
the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination
on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CR Part 27;
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• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R.
parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English Proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C.1681 et
seq).
4. PROMPT PAYMENT
Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15)
days after receipt of each progress payment, unless otherwise agreed to in writing, the
respective amounts allowed Consultant on account of the work performed by the
subconsultants, to the extent of each subconsultant’s interest therein. In the event that
there is a good faith dispute over all or any portion of the amount due on a progress
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payment from Consultant or subconsultant to a subconsultant, Consultant or
subconsultant may withhold no more than 150 percent of the disputed amount. Any
violation of this requirement shall constitute a cause for disciplinary action and shall
subject the Consultant or subconsultant to a penalty, payable to the applicable
subconsultant, of 2 percent of the amount due per month for every month that payment
is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be
entitled to his or her attorney’s fees and costs. The sanctions authorized under this
requirement shall be separate from, and in addition to, all other remedies, either civil,
administrative, or criminal. This clause applies to both DBE and non-DBE
subconsultants.
5. RELEASE OF RETAINAGE
No retainage will be held by the Commission from progress payments due to
Consultant. Consultant and subconsultants are prohibited from holding retainage from
subconsultants. Any delay or postponement of payment may take place only for good
cause and with the Commission’s prior written approval. Any violation of these
provisions shall subject Consultant or the violating subconsultant to the penalties,
sanctions, and other remedies specified in Section 3321 of the California Civil Code.
This requirement shall not be construed to limit or impair any contractual, administrative
or judicial remedies, otherwise available to Consultant or subconsultant in the event of a
dispute involving late payment or nonpayment by Consultant, deficient subconsultant
performance and/or noncompliance by a subconsultant. This clause applies to both
DBE and non-DBE subconsultants.
6. LEGAL REMEDIES
In addition to those contract remedies set forth under relevant provisions of California
law, either Party to this Agreement may, where applicable, seek legal redress for
violations of this Agreement pursuant to the relevant provisions of 49 C.F.R. Parts 23
and 26, to the relevant federal or state statutory provisions governing civil rights
violations, and to the relevant federal and state provisions governing false claims or
“whistleblower” actions, as well as any and all other applicable federal and state
provisions of law.
The Consultant shall include a provision to this effect in each of its agreements with its
subcontractors.
7. DBE PARTICIPATION
Caltrans has developed a statewide DBE program pursuant to 49 C.F.R. Part 26. The
requirements and procedures, as applicable, of the Caltrans DBE program are hereby
incorporated by reference into this Agreement. Even if no DBE participation will be
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reported, Consultant shall complete all DBE forms in compliance with the Caltrans DBE
program, and a final utilization report in the form provided by the Commission.
A. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations
entitled “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.” Consultants who enter into a federally-
funded agreement will assist the Commission in a good faith effort to achieve
California’s statewide overall DBE goal.
B. This Agreement has established a 22% DBE goal. If a DBE subconsultant is
unable to perform, the Consultant must make a good faith effort to replace him/her with
another DBE subconsultant, if the goal is not otherwise met. A DBE is a firm meeting
the definition of a DBE as specified in 49 CFR.
C. All DBE participation will count toward the Caltrans federally mandated
statewide overall DBE goal. Credit for materials or supplies Consultant purchases from
DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE
manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular
dealer.
• Only fees, commissions, and charges for assistance in the procurement and
delivery of materials or supplies count if obtained from a DBE that is neither a
manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular
dealer."
D. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are
encouraged to participate in the performance of agreements financed in whole or in part
with federal funds. The Consultant, subrecipient or subconsultant shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this Agreement.
The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award
and administration of US DOT- assisted agreements. Failure by the contractor to carry
out these requirements is a material breach of this Agreement, which may result in the
termination of this Agreement or such other remedy as the Commission, Caltrans or the
Department of Transportation deems appropriate.
E. Any subcontract entered into as a result of this Agreement shall contain all of the
provisions of this section.
F. A DBE may be terminated only as further set forth in Section 13 below.
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8. DBE PARTICIPATION GENERAL INFORMATION
It is Consultant's responsibility to be fully informed regarding the requirements of 49
CFR, Part 26, and the Caltrans DBE program. Particular attention is directed to the
following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be
certified through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime contractor, subcontractor, joint
venture partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE joint-venture partner must be responsible for specific contract items of
work or clearly defined portions thereof. Responsibility means actually performing,
managing and supervising the work with its own forces. The DBE joint venture partner
must share in the capital contribution, control, management, risks and profits of the
joint-venture commensurate with its ownership interest.
D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55
that is, must be responsible for the execution of a distinct element of the work and must
carry out its responsibility by actually performing, managing and supervising the work,
as more fully described in section 8 below.
E. The Consultant shall list only one subcontractor for each portion of work as
defined in the Consultant's bid/proposal and all DBE subcontractors should be listed in
the Consultant's bid/cost proposal list of subcontractors.
F. A Consultant who is a certified DBE is eligible to claim all of the work in the
Agreement toward the DBE participation except that portion of the work to be performed
by non-DBE subcontractors.
G. Consultant shall notify the Commission’s contract administrator or designated
representative of any changes to its anticipated DBE participation prior to starting the
affected work.
9 . COMMERCIALLY USEFUL FUNCTION
A. A DBE performs a commercially useful function when it is responsible for
execution of the work of the Agreement and is carrying out its responsibilities by actually
performing, managing, and supervising the work involved. To perform a commercially
useful function, the DBE must also be responsible with respect to materials and
supplies used on the Agreement, for negotiating price, determining quality and quantity,
ordering the material, and installing (where applicable) and paying for the material itself.
To determine whether a DBE is performing a commercially useful function, evaluate the
amount of work subcontracted, industry practices; whether the amount the firm is to be
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paid under the Agreement is commensurate with the work it is actually performing, and
other relevant factors.
B. A DBE does not perform a commercially useful function if its role is limited to that
of an extra participant in a transaction, Agreement, or project through which funds are
passed in order to obtain the appearance of DBE participation. In determining whether a
DBE is such an extra participant, examine similar transactions, particularly those in
which DBEs do not participate.
C. If a DBE does not perform or exercise responsibility for at least thirty percent of
the total cost of its Agreement with its own work force, or the DBE subcontracts a
greater portion of the work of the Agreement than would be expected on the basis of
normal industry practice for the type of work involved, it will be presumed that it is not
performing a commercially useful function.
10. DBE CERTIFICATION AND DE-CERTIFICATION STATUS
If a DBE subcontractor is decertified before completing its work, the decertified
subcontractor shall notify the Contractor in writing with the date of de-certification. If a
subcontractor becomes a certified DBE during the life of the Agreement, the
subcontractor shall notify the Contractor in writing with the date of certification. Any
changes should be reported to the Commission’s Contract Administrator within 30 days.
11. DBE RECORDS
A. The Contractor shall maintain records of materials purchased and/or supplied
from all subcontracts entered into with certified DBEs. The records shall show the name
and business address of each DBE subconsultant, DBE vendor, and DBE trucking
company and the total dollar amount actually paid each business regardless of tier. The
records shall show the date of payment and the total dollar figure paid to all firms. DBE
prime Contractors shall also show the date of work performed by their own forces along
with the corresponding dollar value of the work.
In addition to all other requirements, Consultant shall complete and submit, on a
monthly basis, the Monthly DBE Payment form (Caltrans Exhibit 9-F of Chapter 9 of the
LAPM).
B. Upon completion of the Agreement, a summary of these records shall be
prepared and submitted on the most current version of the form entitled, “Final Report-
Utilization of Disadvantaged Business Enterprises (DBE),” CEM- 2402F (Exhibit 17-F in
Chapter 17 of the LAPM), certified correct by the Contractor or the Contractor’s
authorized representative and shall be furnished to the Commission’s Contract
Administrator with the final invoice. Failure to provide the summary of DBE payments
with the final invoice will result in the Commission withholding $10,000 until the form is
submitted. This amount will be returned to the Contractor when a satisfactory “Final
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Report Utilization of Disadvantaged Business Enterprises (DBE)” is submitted to the
Commission’s Contract Administrator.
a. Prior to the fifteenth of each month, the Contractor shall submit documentation to
the Commission’s Contract Administrator showing the amount paid to DBE trucking
companies. The Contractor shall also obtain and submit documentation to the
Commission’s Contract Administrator showing the amount paid by DBE trucking
companies to all firms, including owner-operators, for the leasing of trucks. If the DBE
leases trucks from a non-DBE, the Contractor may count only the fee or commission the
DBE receives as a result of the lease arrangement.
b. The Contractor shall also submit to the Commission’s Contract Administrator
documentation showing the truck number, name of owner, California Highway Patrol CA
number, and if applicable, the DBE certification number of the truck owner for all trucks
used during that month. This documentation shall be submitted on the Caltrans
”Monthly DBE Trucking Verification,” CEM-2404(F) form provided to the Contractor by
the Commission’s Contract Administrator.
12. REPORTING MATERIAL OR SUPPLIES PURCHASED FROM DBEs
When Reporting DBE Participation, Material or Supplies purchased from DBEs may
count as follows:
A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the
cost of the materials or supplies will count toward the DBE participation. A DBE
manufacturer is a firm that operates or maintains a factory or establishment that
produces on the premises, the materials, supplies, articles, or equipment required under
the Agreement and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of
the cost of the materials or supplies toward DBE goals. A DBE regular dealer is a firm
that owns, operates or maintains a store, warehouse, or other establishment in which
the materials, supplies, articles or equipment of the general character described by the
specifications and required under the Agreement, are bought, kept in stock, and
regularly sold or leased to the public in the usual course of business. To be a DBE
regular dealer, the firm must be an established, regular business that engages, as its
principal business and under its own name, in the purchase and sale or lease of the
products in question. A person may be a DBE regular dealer in such bulk items as
petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or
maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers’ own distribution equipment, shall be by a long-term
lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers,
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brokers, manufacturers’ representatives, or other persons who arrange or expedite
transactions are not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor
a regular dealer, will be limited to the entire amount of fees or commissions charged for
assistance in the procurement of the materials and supplies, or fees or transportation
charges for the delivery of materials or supplies required on the job site, provided the
fees are reasonable and not excessive as compared with fees charged for similar
services.
13. TERMINATION AND SUBSTITUTION OF DBE SUBCONSULTANTS
Consultant shall utilize the specific DBEs listed to perform the work and supply the
materials for which each is listed unless Consultant or DBE subconsultant obtains the
Commission’s written consent. Consultant shall not terminate or substitute a listed DBE
for convenience and perform the work with their own forces or obtain materials from
other sources without authorization from the Commission. Unless the Commission’s
consent is provided, the Consultant shall not be entitled to any payment for work or
material unless it is performed or supplied by the listed DBE on the attached Consultant
Contract DBE Commitment form.
The Commission authorizes a request to use other forces or sources of materials if
Consultant shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and
specifications for the project.
2. The Commission stipulated that a bond is a condition of executing the
subcontract and the listed DBE fails to meet the Commission’s bond
requirements.
3. Work requires a consultant's license and listed DBE does not have a valid
license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials
(failing or refusing to perform is not an allowable reason to remove a DBE if
the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or
debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Agreement.
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to
perform the work on the Contract.
11. The Commission determines other documented good cause.
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Consultant shall notify the original DBE of the intent to use other forces or material
sources and provide the reasons and provide the DBE with 5 days to respond to the
notice and advise Consultant and the Commission of the reasons why the use of other
forces or sources of materials should not occur.
Consultant’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from Consultant to the DBE regarding the request.
3. Notices from the DBEs to Consultant regarding the request.
If a listed DBE is terminated or substituted, Consultant must make good faith efforts to
find another DBE to substitute for the original DBE. The substitute DBE must perform at
least the same amount of work as the original DBE under the contract to the extent
needed to meet or exceed the DBE goal.
14. DEBARMENT, SUSPENSION AND OTHER INELIGIBILITY AND VOLUNTARY
EXCLUSION
In accordance with 49 CFR Part 29, which by this reference is incorporated herein,
Consultant’s subconsultants completed and submitted the Certificate of subconsultant
Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion as
part of the Consultant’s proposal. If it is later determined that Consultant’s
subconsultants knowingly rendered an erroneous Certificate, the Commission may,
among other remedies, terminate this Agreement.
15. ENVIRONMENTAL COMPLIANCE
A. Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in
excess of $100,000).
B. Mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, and by signing this
Agreement, Consultant certifies under penalty of perjury that no more than one final
unappealable finding of contempt of court by a federal court has been issued against
Consultant within the immediately preceding two-year period, because of Consultant’s
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failure to comply with an order of a federal court that orders Consultant to comply with
an order of the National Labor Relations Board.
17. FUNDING REQUIREMENTS
It is mutually understood between the Parties that this Agreement may have been
written before ascertaining the availability of funds or appropriation of funds, for the
mutual benefit of both Parties, in order to avoid program and fiscal delays that would
occur if the Agreement were executed after that determination was made.
This Agreement is valid and enforceable only if sufficient funds are made available to
Commission for the purpose of this Agreement. In addition, this Agreement is subject to
any additional restrictions, limitations, conditions, or any statute enacted by the
Congress, State Legislature, or Commission governing board that may affect the
provisions, terms, or funding of this Agreement in any manner.
It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be
amended to reflect any reduction in funds.
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EXHIBIT “E” - CONSULTANT DBE COMMITMENT
Consultant to Complete this Section
1. Local Agency Name: _Riverside County Transportation Commission__
2. Project Location: _Riverside County, CA_________________________
3. Project Description: _Completion of PA/ED for the SR-91 Eastbound Corridor Operations Project__
4. Consultant Name: _Parsons Transportation Group_______________________________________
5. Contract DBE Goal %: __22.5%__
DBE Commitment Information
6. Description of Services to be Provided 7. DBE Firm
Contact Information 8. DBE Cert.
Number 9. DBE %
Paleontological Studies/Cultural Resources Bargas Environmental Consulting 41165 0.5%
Staging Concept Plans, TMP Data Sheet,
Overhead Sign Concept Plans, Storm Water Data
Report, Conceptual Drainage Study
Chen Ryan Associates, Inc. 40083 18%
Air Quality Report Terry A. Hayes Associates Inc. 40312 1%
Biological Resources Vandermost Consulting Services, Inc. 40141 3%
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EXHIBIT “F” - DISCLOSURE OF LOBBYING ACTIVITIES
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 1
LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1.Type of Federal Action:2.Status of Federal Action:3.Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4.Name and Address of Reporting Entity 5.If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6.Federal Department/Agency:7.Federal Program Name/Description:
CFDA Number, if applicable ____________________
8.Federal Action Number, if known:9.Award Amount, if known:
10.Name and Address of Lobby Entity 11.Individuals Performing Services
(If individual, last name, first name, MI) (including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12.Amount of Payment (check all that apply)14.Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
13.Form of Payment (check all that apply):c. commission
a. cash d. contingent fee
b. in-kind; specify: nature _______________e deferred
Value _____________ f. other, specify _________________________
15.Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16.Continuation Sheet(s) attached: Yes No
17.Information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
Not Applicable
Chris A. Johnson, PE
Vice President,
2/9/2023858.568.8568
EXHIBIT K - 1
Parsons Transportation Group Inc.
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AGENDA ITEM 7K
Agenda Item 7K
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Bryce Johnston, Senior Capital Projects Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT:
Agreement for On-Call Railway Flagging Services for the Riverside County
Transportation Commission’s Highway and Expressway Projects Encroaching
in Burlington Northern Santa Fe
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Award Agreement No. 23-31-061-00 to RailPros, Inc., to provide on-call Railway Flagging
Services for Riverside County Transportation Commission’s (RCTC) current and future
highway and/or expressway projects or activities of the Commission within the right of
way owned or operated by Burlington Northern Santa Fe (BNSF), for a three-year term,
and one, two-year option to extend the agreement, in an amount not to exceed
$2,400,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement and optional two-year term on behalf of the Commission.
BACKGROUND INFORMATION:
When the Commission’s projects encroach into or over the BNSF railroad or operated right of
way, BNSF requires the presence of a BNSF flagger. The BNSF flagger coordinates between BNSF
forces, contractor employees, BNSF dispatchers, and BSNF trains to ensure the construction
crews and operations do not enter the tracks. In addition, flagging services are mandated by
federal law when working within close proximity to active rail lines. The BNSF flagging services
can only be performed by qualified BNSF personnel or by qualified individuals approved by BNSF.
BNSF flagging services and funding are normally included in a construction and maintenance
(BNSF C&M) agreement between BNSF and the Commission.
On August 16, 2022, RCTC learned that BNSF would no longer be providing flagging services with
BNSF personnel as identified in the BNSF C&M agreements. All flagging services would need to
be coordinated through an agreement with an approved third-party company, see Attachment
2. As a result, RCTC would be required to enter into a new agreement with the third-party
flagging company.
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Agenda Item 7K
The Commission has an immediate need for the provision of on-call BNSF flagging services for all
highway and expressway projects and maintenance of commuter stations which encroach into
BNSF owned railroad or operated right of way.
RCTC has the following ongoing projects which require flagging on BNSF right of way:
1. State Route 71 / SR-91 Interchange Improvement Project
2. Interstate 15 / SR-91 Express Lane Connector
3. Operation and Maintenance of Commuter Stations at:
• Riverside Downtown
• Riverside La Sierra
• Corona North Main
• Corona West
• Jurupa Valley / Pedley
RCTC anticipates future needs for flagging within BNSF right of way beyond the projects listed
above.
DISCUSSION:
Procurement Process
BNSF identified RailPros Inc. as the only BNSF approved flagging provider in this region, due to
their familiarity and expertise, thus necessitating a sole source agreement. The Commission
anticipates the use of federal funds for this sole source agreement, which requires Caltrans’
approval. Staff has secured Caltrans’ approval through a Public Interest Finding (PIF) for
SR-71/SR-91 Interchange Improvement Project and will obtain a PIF for each project included in
this agreement, see Attachment 3.
FISCAL IMPACT:
Staff recommends approval of Agreement No. 23-31-061-00 between the Commission and
RailPros Inc. in the amount of $2,400,000. This agreement will be funded by the following fund
sources:
• Surface Transportation Block Grant (STBG)
• Congestion Mitigation and Air Quality (CMAQ)
• Other future federal funds
• Measure A for local match
• State SB 132
• 91 surplus toll revenue
• Federal Transit Administration (FTA)
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Agenda Item 7K
Each on-call flagging service requests will utilize the most applicable fund source designated to
the project.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2022/23
FY 2023/24+ Amount: $250,000
$2,150,000
Source of Funds: STBG, Measure A, State SB 132, FTA
CMAQ, 91 Surplus Toll Revenue Budget Adjustment: No
GL/Project Accounting No.: XXXXXX 81304 00000 0000 XXX 31 81301 (Various Projects/Funds)
Fiscal Procedures Approved:
Date: 04/14/2023
Attachments:
1) Draft On-Call Flagging Services Agreement No. 23-31-061-00 with RailPros, Inc.
2) BNSF Notification Letter, Dated February 14, 2023
3) Public Interest Finding, Dated February 17, 2023
Approved by the Western Riverside County Programs and Projects Committee on
April 24, 2023
In Favor: 10 Abstain: 0 No: 0
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Agreement No. 23-31-061
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ON CALL RAIL FLAGGING SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ___ day of ___________, 2023 by and
between the Riverside County Transportation Commission (“Commission”) and RailPros, Inc., a
California corporation. Commission and Contractor are sometimes individually referred to as
“Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Commission is the Transportation Commission for the County of Riverside
and organized under the laws of the State of California with the power to contract for services
necessary to achieve its purpose.
2.2 Commission requires the provision of on-call railway flagging services for
certain projects or activities of the Commission within twenty-five feet of the centerline of certain
railroad tracks over which Burlington Northern Santa Fe (BNSF) or Union Pacific (UP) operate
(collectively, the “Project”).
2.3 Contractor desires to perform and assume responsibility for the provision of
the on-call railway flagging services required by Commission on the terms and conditions set forth
in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
Commission all labor, materials, tools, equipment, services, and incidental and customary work,
as necessary, to fully and adequately provide the on-call railway flagging services (“Services”)
The Services are generally described in Exhibit “A”.
3.1.2 Term. The term of this Agreement shall be from the date first set forth
above to May 31, 2026, unless earlier terminated as provided herein. Contractor shall complete
the Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. Commission retains Contractor on an independent contractor basis and not as an
employee. Contractor retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Contractor shall also not be employees of Commission and 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 of Services
under this Agreement and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. The Commission’s Representative shall provide
Contractor’s Representative (defined below) with a proposed schedule of activities that will take
place within twenty-five (25) feet from the centerline of tracks for which Commission will require
the Services. The Commission shall provide Contractor with a general description of the proposed
activities to be conducted by the Commission. Contractor shall provide the Services expeditiously,
on all dates and at all times established and agreed upon by the parties for the Services pursuant to
the terms of this Agreement.
In the event of cancellation of scheduled Services the following shall apply: any
day for which Consultant is provided less than 24 hours’ notice of cancellation shall be considered
a billable day for which Consultant shall be entitled to payment in accordance with the terms of
this Agreement. Cancellation must be made in writing to BNSF.Info@railpros.com
3.2.3 Commission’s Representative. The Commission hereby designates the
Executive Director, or his or her designee, to act as its representative for the performance of this
Agreement (“Commission’s Representative”). Commission’s Representative shall have the power
to act on behalf of the Commission for all purposes under this Agreement. Contractor shall not
accept direction or orders from any person other than the Commission’s Representative or his or
her designee.
3.2.4 Contractor’s Representative. Contractor hereby designates Gary Killion, or
his or her designee, to act as its representative for the performance of this Agreement
(“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s
Representative shall supervise and direct the Services, using his best skill and attention, and shall
be responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
3.2.5 Coordination of Services. Contractor agrees to work closely with
Commission staff in the performance of Services and shall be available to Commission’s staff,
consultants and other staff at all reasonable times.
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3.2.6 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, 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 Services. Contractor warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the Services 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 Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. As provided
for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost
and expense and without reimbursement from the Commission, any services necessary to correct
errors or omissions which are caused by the Contractor’s failure to comply with the standard of
care provided for herein. Any employee of the Contractor or its sub-contractors who is determined
by the Commission to be uncooperative, incompetent, a threat to the adequate or timely completion
of the Project, a threat to the safety of persons or property, or any employee who fails or refuses
to perform the Services in a manner acceptable to the Commission, shall be promptly removed
from the Project by the Contractor and shall not be re-employed to perform any of the Services or
to work on the Project.
3.2.7 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the 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: (A) adequate life protection and life saving equipment and
procedures; (B) instructions in accident prevention for all employees and subcontractors, such as
safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the
proper inspection and maintenance of all safety measures.
3.2.8 Laws and Regulations; Employee/Labor Certifications. 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 Project or the Services, 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 Services. If the 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.
3.2.9 Labor Certification. By its signature hereunder, Contractor certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers’ Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.2.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
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applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence work
under this Agreement until it has provided evidence satisfactory to the Commission that it has
secured all insurance required under this section, in a form and with insurance companies
acceptable to the Commission. In addition, Contractor shall not allow any subcontractor to
commence work on any subcontract until it has secured all insurance required under this section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the 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 Agreement. Such insurance shall meet at least the following minimum levels
of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1
(any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation insurance as required by the State of California and Employer’s Liability
Insurance.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)
Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) if
Contractor has an employees, Workers’ Compensation and Employer’s Liability: Workers’
Compensation limits as required by the Labor Code of the State of California. Employer’s
Practices Liability limits of $1,000,000 per accident. Contractor may meet the specified insurance
requirements set forth in this Agreement for automobile and general liability through excess or
umbrella liability coverage.
3.2.11.3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms approved by
the Commission to add the following provisions to the insurance policies:
(A) General Liability.
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(i) Commercial General Liability Insurance must
include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Injury;
(3) premises/operations liability; (4) products/completed operations liability; (5) aggregate limits
that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7)
contractual liability with respect to this Agreement; (8) broad form property damage; and (9)
independent contractors coverage.
(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to this Agreement.
(iii) The policy shall give the Commission, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10 01
and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy
shall be “primary and non-contributory” and will not seek contribution from the Commission’s
insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements
providing the exact same coverage.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and
agents shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be
primary insurance as respects the Commission, its directors, officials, officers, employees and
agents, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s
scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission,
its directors, officials, officers, employees and agents shall be excess of the Contractor’s insurance
and shall not be called upon to contribute with it in any way.
(C) Workers’ Compensation and Employers Liability Coverage.
(i) Contractor certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to be
insured against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before commencing
work under this Agreement.
(ii) The insurer shall agree to waive all rights of
subrogation against the Commission, its directors, officials, officers, employees and agents for
losses paid under the terms of the insurance policy which arise from work performed by the
Contractor.
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(D) All Coverages.
(i) Defense costs shall be payable in addition to the
limits set forth hereunder.
(ii) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other requirement,
or a waiver of any coverage normally provided by any insurance. It shall be a requirement under
this Agreement that any available insurance proceeds broader than or in excess of the specified
minimum insurance coverage requirements and/or limits set forth herein shall be available to the
Commission, its directors, officials, officers, employees and agents as additional insureds under
said policies. Furthermore, the requirements for coverage and limits shall be (1) the minimum
coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits
of coverage of any insurance policy or proceeds available to the named insured; whichever is
greater.
(iii) The limits of insurance required in this Agreement
may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and non-contributory basis for the benefit of the Commission (if agreed to in a
written contract or agreement) before the Commission’s own insurance or self-insurance shall be
called upon to protect it as a named insured. The umbrella/excess policy shall be provided on a
“following form” basis with coverage at least as broad as provided on the underlying policy(ies).
(iv) Contractor shall provide the Commission at least
thirty (30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Contractor shall provide at least ten (10) days prior written notice of cancellation
of any such policy due to non-payment of premium. If any of the required coverage is cancelled
or expires during the term of this Agreement, the Contractor shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the Commission at least ten
(10) days prior to the effective date of cancellation or expiration.
(v) The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Contractor shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Contractor shall purchase a one (1) year extended reporting period A) if the retroactive
date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not
renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date
subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits
of insurance coverage to be maintained by Contractor, and any approval of said insurance by the
Commission, is not intended to and shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not
limited to, the provisions concerning indemnification.
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(vii) If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Commission has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by Commission will be promptly reimbursed by
Contractor or Commission will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, Commission may cancel this Agreement. The Commission may
require the Contractor to provide complete copies of all insurance policies in effect for the duration
of the Project.
(viii) Neither the Commission, nor any of its directors,
officials, officers, employees or agents shall be personally responsible for any liability arising
under or by virtue of this Agreement.
Each insurance policy required by this Agreement shall be
endorsed to state that:
3.2.11.4 Deductibles and Self-Insurance Retentions. Any deductibles
or self-insured retentions must be declared to and approved by the Commission. If the Commission
does not approve the deductibles or self-insured retentions as presented, 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 directors, officials, officers,
employees and agents; or, (2) the Contractor shall procure a bond guaranteeing payment of losses
and related investigation costs, claims and administrative and defense expenses.
3.2.11.5 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California,
and satisfactory to the Commission.
3.2.11.6 Verification of Coverage. Contractor shall furnish
Commission with original certificates of insurance and endorsements effecting coverage required
by this Agreement on forms satisfactory to the Commission. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to bind coverage
on its behalf. All certificates and endorsements must be received and approved by the Commission
before work commences. The Commission reserves the right to require complete, certified copies
of all required insurance policies, at any time.
3.2.11.7 Subcontractor Insurance Requirements. Contractor shall not allow
any subcontractors or subcontractors to commence work on any subcontract until they have
provided evidence satisfactory to the Commission that they have secured all insurance required
under this section. Policies of commercial general liability insurance provided by such
subcontractors or subcontractors shall be endorsed to name the Commission as an additional
insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If
requested by Contractor, the Commission may approve different scopes or minimum limits of
insurance for particular subcontractors or subcontractors.
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3.2.12 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of Commission during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.3 Fees and Payments; Labor Code Requirements.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services provided pursuant to this Agreement, at the rates set
forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation
provided under this Agreement shall not exceed Two Million, Four Hundred Thousand Dollars
($2,400,000). Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to Commission a
monthly itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since the
initial Task Order commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. Commission shall, within 30 days of receiving such
statement, review the statement and pay all approved charges thereon. All invoices not disputed
within fifteen (15) days of receipt shall be deemed approved and payable by Commission. Late
payments of undisputed invoices shall be subject to a 1.5% fee for every thirty (30) days that
payment is delinquent.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by Commission.
3.3.4 Extra Work. At any time during the term of this Agreement, Commission
may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work
which is determined by Commission to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from Commission’s Representative.
3.3.5 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. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation
is $1,000 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 Agreement. Contractor shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
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Services available to interested parties upon request, and shall post copies at the 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.
3.3.6 Payroll Records. In accordance with the requirements of California Labor
Code Section 1776, if applicable, Contractor shall keep accurate payroll records which are either
on forms provided by the Division of Labor Standards Enforcement or which contain the same
information required by such forms.
3.3.7 Registration. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and
1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractor. This Project may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility
to comply with all applicable registration and labor compliance requirements.
3.3.8 Employment of Apprentices. This Agreement shall not prevent the
employment of properly indentured apprentices in accordance with the California Labor Code, and
no employer or labor union shall refuse to accept otherwise qualified employees as indentured
apprentices on the work performed hereunder solely on the ground of race, creed, national origin,
ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to
apprentices under the regulations of the craft or trade in which he or she is employed and shall be
employed only in the craft or trade to which he or she is registered.
If California Labor Code Section 1777.5 applies to the Services, Contractor and
any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply
to the joint apprenticeship council administering applicable standards for a certificate approving
Contractor or any sub-contractor for the employment and training of apprentices. Upon issuance
of this certificate, Contractor and any sub-contractor shall employ the number of apprentices
provided for therein, as well as contribute to the fund to administer the apprenticeship program in
each craft or trade in the area of the work hereunder.
The parties expressly understand that the responsibility for compliance with
provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor
Code in regard to all apprenticeable occupations lies with Contractor.
3.3.9 Eight-Hour Law. Pursuant to the provisions of the California Labor Code,
eight hours of labor shall constitute a legal day's work, and the time of service of any worker
employed on the work shall be limited and restricted to eight hours during any one calendar day,
and forty hours in any one calendar week, except when payment for overtime is made at not less
than one and one-half the basic rate for all hours worked in excess of eight hours per day ("Eight-
Hour Law"), unless Contractor or the Services are not subject to the Eight-Hour Law. Contractor
shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this
Agreement by him, or by any sub-contractor under him, for each calendar day during which such
workman is required or permitted to work more than eight hours in any calendar day and forty
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hours in any one calendar week without such compensation for overtime violation of the provisions
of the California Labor Code, unless Contractor or the Services are not subject to the Eight-Hour
Law.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. Commission may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Contractor
shall be compensated only for those services which have been adequately rendered to Commission,
and Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
Commission may require Contractor to provide all finished or unfinished Documents and Data and
other information of any kind prepared by Contractor in connection with the performance of
Services under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, Commission may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 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:
CONSULTANT: COMMISSION:
Railpros Riverside County
1320 Greenway Drive Transportation Commission
Suite 490 4080 Lemon Street, 3rd Floor
Irving, Texas, 75038 Riverside, CA 92501
Attn: Gary Killion Attn: Executive Director
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
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3.5.2 Indemnification. To the fullest extent permitted by law, 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 of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any breach of this
Agreement or alleged negligent acts, errors or omissions of Contractor, its officials, officers,
employees, subcontractors, contractors or agents in connection with the performance of the
Services, the Project, or this Agreement, including without limitation the payment of all
consequential damages, expert witness fees and reasonable attorneys’ fees and other related costs
and expenses.
3.5.3 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.4 Commission’s Right to Employ Other Contractors. Commission reserves
right to employ other contractors in connection with this Project.
3.5.5 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.6 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the Commission. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
3.5.7 Construction; References; Captions. 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. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and subcontractors of
Contractor, except as otherwise specified in this Agreement. All references to Commission include
its officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content or intent of this
Agreement.
3.5.8 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.9 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.
3.5.10 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
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3.5.11 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.
3.5.12 Prohibited Interests. 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. Contractor further
agrees to file, or shall 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 Services. For breach or violation of this warranty, Commission shall have the right to rescind
this Agreement without liability. For the term of this Agreement, no member, officer or employee
of Commission, during the term of his or her service with Commission, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.13 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.14 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.15 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.16 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.17 Electronically Transmitted 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]
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SIGNATURE PAGE FOR
ON CALL RAIL FLAGGING SERVICES AGREEMENT
BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND RAILPROS, INC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first
set forth above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
Anne Mayer, Executive Director
Approved as to form:
Best Best & Krieger LLP
General Counsel
RAILPROS, INC.
Signature
Name
Title
ATTEST:
Signature
Name
Title
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 referenced persons are not the intended signators, evidence of signature authority shall be provided to
RCTC.
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EXHIBIT “A”
SCOPE OF SERVICES AND COMPENSATION
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1. SCOPE OF WORK
Provide on-call flagging services to RCTC or its Contractors at the dates, locations and times
requested.
Contractor warrants that (i) Services will be provided in a workmanlike manner, (ii) Contractor
Personnel will have the requisite experience, skills, knowledge, training and education to perform
Services in a professional manner and in accordance with this Agreement.
The Services will be provided in compliance with all governmental laws, regulations, and rules,
and in accordance with Maintenance of Way and Signal Department On-Track-Safety Roadway
Worker Rules and the Operating Rules.
2. SERVICE LOCATION
The scope of work includes flagging service for the following projects which require flagging on
BNSF and Union Pacific Right-of-Way:
1. SR-71 / SR-91 Interchange Improvement Project
2. I-15 / SR-91 Express Lane Connector
3. Operation and Maintenance of Commuter Stations at:
• Riverside Downtown
• Riverside La Sierra
• Corona North Main
• Corona West
• Jurupa Valley / Pedley
Future RCTC projects and/or station within BNSF and Union Pacific Right-of-Way will be part
of this agreement without the need to amend this agreement.
3. COMPENSATIONS
3.1 The rates for each flagger crew are inclusive and include but not limited to vacation
allowance, paid holidays, Railway and unemployment insurance, public liability and
property damage insurance, health and welfare benefits, vehicle, transportation, meals,
lodging, radio, equipment, supervision and other costs incidental to performing flagging
services.
3.2 Services are billed for the Roadway Worker in Charge’s (RWIC’s) time on site, to include
any time setting up and taking down track protection, if applicable.
3.3 Each time a flagger is called, the minimum period for billing will be the eight (8) hour
basic day.
3.4 A minimum 24-hour cancellation notice is required, otherwise it is considered a billable
day and will be compensated per applicable standard 8-hour day.
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3.5 Overtime rate be charged for any hour after the Standard 8-hours day.
3.6 Prevailing Wage Rates
Standard Workday:
Standard 8-hour day………………………. $1,350
Overtime per hour ….…………………….. $170
Nights, Weekends, and Holidays:
Standard 8-hour day……………………. $1700
Overtime per hour rate…………………. $215
3.7 Rates are subject to adjustment based on increases in the applicable state prevailing wage
rate as established by the Department of Industrial Relations
3.8 Non-Prevailing Wage Rates
Standard 8-hour day………………………. $904.16
Overtime………………………………… $135.82
Double-time per hour……………………. $158.62
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Jason L. Sanchez BNSF Railway Company
Manager Engineering 740 E. Carnegie Drive
San Bernardino, CA 92408
909-386-4470
Jason.Sanchez@bnsf.com
February 14, 2023
Mr. Bryce Johnston:
Per our previous discussions during the pre-construction meeting, be advised that BNSF
will not be able to provide flagging services with our own Maintenance of Way
employees for 91/71 Connector Project.
Because of the current labor shortages, BNSF has been unable to keep up with our
maintenance labor needs, therefore, earlier this year the decision was made by our senior
leadership to recall all BNSF employees on flagging positions back to regular BNSF
maintenance duties.
I have been instructed to refer all Contractors/Agencies to contracted flagging services
for all projects going forward. Currently, RailPros is the only BNSF approved provider of
flagging services on BNSF ROW.
Please let me know if you have any questions regarding the new process.
Thank you,
Jason Sanchez
Jason L. Sanchez
BNSF Railway
Manager Engineering
740 E. Carnegie Drive
San Bernardino, CA 92408
909-386-4470
Jason.Sanchez@bnsf.com
ATTACHMENT 2
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ATTACHMENT 3
332
333
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AGENDA ITEM 7L
Agenda Item 7L
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM:
Western Riverside County Programs and Projects Committee
Gary Ratliff, Facilities Administrator
Erik Galloway, Project Delivery Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreement for Elevator Maintenance, Inspection and Repair Services
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 23-24-046-00 with Amtech Elevator Services to provide elevator
maintenance, inspection and repair services for a three-year term, and one, two-year
option to extend the agreement, in the amount of $400,000, plus a contingency amount
of $50,000, for a total amount not to exceed $450,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement, on behalf of the Commission.
BACKGROUND INFORMATION:
The Commission owns nine commuter rail stations in Riverside County. Four of the nine stations
offer elevator services to station patrons. The La Sierra, North Main Corona, Riverside Downtown,
and West Corona stations each have two elevators located near the platform, for a total of eight
elevators. The two elevators located in the North Main Corona station parking structure are not
included as part of this agreement, as they are covered under a separate agreement with
ThyssenKrupp Elevator Corporation, due to issues regarding warranty coverage and certain
proprietary elevator controls.
Over the past four years each of eight elevators have gone through an elevator modernization
process to update each elevator system. Elevator maintenance services are essential to provide
continued assistance and safety for station patrons and to provide reliable and consistent
performance of all elevators, as well as preserving and maintaining Commission property.
On May 11, 2016, the Commission approved an elevator services agreement with an initial three-
year term, and two two-year options for an amount not to exceed $605,000 to cover the eight
elevators at the existing commuter rail stations. Currently, the agreement is in its last option year
335
Agenda Item 7L
and expires June 30, 2023. The new agreement will allow the Commission to maintain and repair
the elevators at the commuter rail stations.
The Commission requires the services of a qualified elevator contractor to provide elevator
preventative maintenance service intervals, repair state inspection items and respond to on-call
repair services.
Scheduled monthly maintenance and inspection includes examining, adjusting, cleaning,
lubricating, and testing of the motor, machine, controller, safety devices, and other elevator
components and equipment. Additionally, on-call repair services can be requested by
Commission staff on an as-needed basis for unanticipated repair and emergency situations not
covered under maintenance services.
Under Commission supervision, monthly maintenance services would be conducted at each
station for a fixed price during the term of the agreement, which shall not exceed five years. On-
call repair services would be requested on an as-needed basis, and pricing for that work would
be based on the successful contractor’s proposed fixed labor rates and fixed markup on
equipment and/or materials.
Procurement Process
Staff determined the weighted factor method of source selection to be the most appropriate for
this procurement, as it allows the Commission to identify the most advantageous proposal with
price and other factors considered. Non-price factors include elements such as qualifications of
firm and personnel and understanding and approach for elevator maintenance, inspection, and
repair services as set forth under the terms of Request for Proposals (RFP) No. 23-24-046-00.
RFP No. 23-24-046-00 for Elevator Maintenance, Inspection and Repair Services was released by
staff on February 24, 2023. The RFP was posted on the Commission’s PlanetBids website, which
is accessible through the Commission’s website. Utilizing PlanetBids, emails were sent to 303
firms, zero (0) of which are located in Riverside County. Through the PlanetBids site, 10 firms
downloaded the RFP. Staff responded to all questions submitted by potential proposers by
March 16, 2023. Amtech Elevator Services (Cerritos, CA) and AZTech Elevator Company
(Los Angeles, CA) - submitted responsive proposals prior to the 2:00 p.m. submittal deadline on
March 30, 2023. Utilizing the evaluation criteria set forth in the RFP, all firms were evaluated and
scored by an evaluation committee comprised of Commission staff.
As a result of the completion of the evaluation process, the evaluation committee recommends
contract award to Amtech Elevator Services. to provide elevator maintenance, inspection, and
repair services for a three-year term, and one, two-year option to extend the agreement, as this
firm earned the highest total evaluation score. A summary of the proposed costs submitted with
the written proposals and the total evaluation score rankings following the final evaluation are
summarized on the next page:
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Agenda Item 7L
Firm Price Overall Ranking
Amtech Elevator Services $240,880.00 1
AZTech Elevator Company $352,500.00 2
Accordingly, staff recommends the award of an agreement for elevator maintenance, inspection,
and repair services for a three-year term, and one, two-year option to extend the agreement to
Amtech Elevator Services in an amount of $400,00, plus a contingency amount of $50,000, for a
total amount not to exceed $450,000. The Commission’s standard form professional services
agreement will be entered into with Amtech Elevator Services subject to any changes approved
by the Executive Director, pursuant to legal counsel review. Staff also recommends authorization
for the Chair or Executive Director to finalize and execute the agreement.
FISCAL IMPACT:
This project has a budget of $450,000 for up to a five-year period. Funding for this project is
comprised of a Measure A and State of Good Repair (SGR) Grants.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2023/24
FY2024/25 + Amount: $50,000
$400,000
Source of Funds: 2009 Measure A Western County Rail
Funds/SGR Grant Budget Adjustment: No
N/A
GL/Project Accounting No.:
244001 73301 00000 0000 265 24 73301
244003 73301 00000 0000 265 24 73301
244004 73301 00000 0000 265 24 73301
244006 73301 00000 0000 265 24 73301
004011 90701 (00113,00114,00115,00116) 4141 265 33 90501
Fiscal Procedures Approved:
Date: 04/14/2023
Attachment: Draft Agreement No. 23-24-046-00 with Amtech Elevator Services
Approved by the Western Riverside County Programs and Projects Committee on
April 24, 2023
In Favor: 10 Abstain: 0 No: 0
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17336.00000\32845205.2
Agreement No. 23-24-046-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ELEVATOR MAINTENANCE, INSPECTION AND REPAIR
SERVICES WITH [___CONSULTANT___]
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 2023, by
and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Co-
mmission") and [___NAME OF FIRM___] ("Consultant"), a [___LEGAL STATUS OF
CONSULTANT e.g., CORPORATION___].
2. RECITALS.
2.1 Consultant desires to perform and assume responsibility for the
provision of certain professional consulting services required by Commission on the terms
and conditions set forth in this Agreement. Consultant represents that it is a professional
consultant, experienced in providing elevator maintenance, inspection and repair services
to public clients, is licensed in the State of California, and is familiar with the plans of
Commission.
2.2 Commission desires to engage Consultant to render professional
elevator maintenance, inspection and repair services project ("Project") as set forth herein.
2.3 The Project will be funded, in part, with federal funding from the
Federal Transit Administration (“FTA”). Consultant shall comply with all applicable FTA
requirements.
3. TERMS.
3.1 General Scope of Services. Consultant promises and agrees to
furnish to Commission all labor materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately provide professional consulting services
and advice on various issues affecting the decisions of Commission regarding the Project
and on other programs and matters affecting Commission, hereinafter referred to as
"Services". The Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state, and federal laws, rules and regulations.
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3.2 Term. The term of this Agreement shall be from the date first specified
above to ________________, unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
3.3 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, the Commission shall respond to Consultant's
submittals in a timely manner. Upon request of the Commission, Consultant shall provide a
more detailed schedule of anticipated performance to meet the Schedule of Services.
3.4 Independent Contractor; Control and Payment of Subordinates. The
Services shall be performed by Consultant under its supervision. Consultant will determine
the means, method and details of performing the Services subject to the requirements of
this Agreement. Commission retains Consultant on an independent contractor basis and
Consultant is not an employee of Commission. Consultant retains the right to perform
similar or different services for others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Consultant shall not
be employees of Commission and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, and workers' compensation insurance.
3.5 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of Commission.
3.6 Substitution of Key Personnel. Consultant has represented to
Commission that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant may
substitute other personnel of at least equal competence and experience upon written
approval of Commission. In the event that Commission and Consultant cannot agree as to
the substitution of key personnel, Commission shall be entitled to terminate this Agreement
for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for
performance of this Agreement are as follows: __________________________________.
3.7 Commission’s Representative. Commission hereby designates
[___INSERT NAME OR TITLE___], or his or her designee, to act as its representative for
the performance of this Agreement ("Commission’s Representative"). Commission's
representative shall have the power to act on behalf of Commission for all purposes under
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this Agreement. Consultant shall not accept direction from any person other than
Commission's Representative or his or her designee.
3.8 Consultant’s Representative. Consultant hereby designates
[___INSERT NAME OR TITLE___], or his or her designee, to act as its representative for
the performance of this Agreement ("Consultant’s Representative"). Consultant’s
Representative shall have full authority to represent and act on behalf of the Consultant for
all purposes under this Agreement. The Consultant’s Representative shall supervise and
direct the Services, using his or her best skill and attention, and shall be responsible for all
means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.9 Coordination of Services. Consultant agrees to work closely with
Commission staff in the performance of Services and shall be available to Commission's
staff, consultants and other staff at all reasonable times.
3.10 Standard of Care; Licenses. Consultant shall perform the Services
under this Agreement in a skillful and competent manner, consistent with the standard
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned
to them. Finally, Consultant represents that it, its employees and subcontractors have all
licenses, permits, qualifications and approvals of whatever nature that are legally required
to perform the Services and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Consultant shall perform, at its own cost and
expense and without reimbursement from Commission, any Services necessary to correct
errors or omissions which are caused by the Consultant’s failure to comply with the
standard of care provided for herein, and shall be fully responsible to the Commission for
all damages and other liabilities provided for in the indemnification provisions of this
Agreement arising from the Consultant’s errors and omissions. Any employee of
Consultant or its sub-consultants who is determined by the Commission to be
uncooperative, incompetent, a threat to the safety of persons or property, or any employee
who fails or refuses to perform the Services in a manner acceptable to the Commission,
shall be promptly removed from the Project by the Consultant and shall not be re-employed
to perform any of the Services or to work on the Project.
3.11 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to Commission, Consultant shall be solely responsible for all costs
arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
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indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.12 Insurance.
3.12.1 Time for Compliance. Consultant shall not commence work
under this Agreement until it has provided evidence satisfactory to the Commission that it
has secured all insurance required under this section, in a form and with insurance
companies acceptable to the Commission. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has secured all insurance
required under this section.
3.12.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives, employees or
subcontractors. Consultant shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall meet
at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services
Office Commercial General Liability coverage (occurrence form CG 0001 or exact
equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage
(form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other
form with general aggregate limit is used, either the general aggregate limit shall apply
separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) if Consultant has an employees, Workers’ Compensation
and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of
the State of California. Employer’s Practices Liability limits of $1,000,000 per accident.
3.12.3 Professional Liability. Reserved.
3.12.4 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Consultant shall provide endorsements on forms approved by
the Commission to add the following provisions to the insurance policies:
(A) General Liability.
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(i) Commercial General Liability Insurance must
include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising
Injury; (3) premises/operations liability; (4) products/completed operations liability; (5)
aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX)
exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form
property damage; and (9) independent consultants coverage.
(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims
or suits by one insured against another; or (3) contain any other exclusion contrary to this
Agreement.
(iii) The policy shall give the Commission, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20
10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy
shall be “primary and non-contributory” and will not seek contribution from the
Commission’s insurance or self-insurance and shall be at least as broad as CG 20 01 04
13, or endorsements providing the exact same coverage.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the Commission, its directors, officials, officers, employees
and agents shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the Commission, its directors,
officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or
self-insurance maintained by the Commission, its directors, officials, officers, employees
and agents shall be excess of the Consultant’s insurance and shall not be called upon to
contribute with it in any way.
(C) Workers’ Compensation and Employers Liability
Coverage.
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to
be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and he/she will comply with such provisions
before commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of
subrogation against the Commission, its directors, officials, officers, employees and agents
for losses paid under the terms of the insurance policy which arise from work performed by
the Consultant.
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(D) All Coverages.
(i) Defense costs shall be payable in addition to the
limits set forth hereunder.
(ii) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any insurance. It shall be a
requirement under this Agreement that any available insurance proceeds broader than or in
excess of the specified minimum insurance coverage requirements and/or limits set forth
herein shall be available to the Commission, its directors, officials, officers, employees and
agents as additional insureds under said policies. Furthermore, the requirements for
coverage and limits shall be (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement
may be satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit of the
Commission (if agreed to in a written contract or agreement) before the Commission’s own
insurance or self-insurance shall be called upon to protect it as a named insured. The
umbrella/excess policy shall be provided on a “following form” basis with coverage at least
as broad as provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least
thirty (30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured Endorsement
to the Commission at least ten (10) days prior to the effective date of cancellation or
expiration.
(v) The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with
a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Consultant, and any approval of said
insurance by the Commission, is not intended to and shall not in any manner limit or qualify
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the liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, Commission has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by Commission will be
promptly reimbursed by Consultant or Commission will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, Commission may cancel this
Agreement. The Commission may require the Consultant to provide complete copies of all
insurance policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors,
officials, officers, employees or agents shall be personally responsible for any liability
arising under or by virtue of this Agreement.
3.12.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the Commission. If the
Commission does not approve the deductibles or self-insured retentions as presented,
Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant
shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expenses.
3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California,
and satisfactory to the Commission.
3.12.7 Verification of Coverage. Consultant shall furnish Commission
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the Commission. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. All certificates and endorsements must be received and approved
by the Commission before work commences. The Commission reserves the right to require
complete, certified copies of all required insurance policies, at any time.
3.12.8 Subconsultant Insurance Requirements. Consultant shall not
allow any subcontractors or subconsultants to commence work on any subcontract until
they have provided evidence satisfactory to the Commission that they have secured all
insurance required under this section. Policies of commercial general liability insurance
provided by such subcontractors or subconsultants shall be endorsed to name the
Commission as an additional insured using ISO form CG 20 38 04 13 or an endorsement
providing the exact same coverage. If requested by Consultant, the Commission may
approve different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
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3.13 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.14 Fees and Payment.
3.14.1 Compensation. Consultant shall receive compensation,
including authorized reimbursements, for all Services rendered under this Agreement at the
rates set forth in Exhibit "C" attached hereto. The total compensation shall not exceed
[___INSERT WRITTEN DOLLAR AMOUNT___] ($[___INSERT NUMERICAL DOLLAR
AMOUNT___]) without written approval of Commission's Executive Director (“Total
Compensation”). Additional Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
3.14.2 Payment of Compensation. Consultant shall submit to
Commission a monthly statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and supplies
provided since the initial commencement date, or since the start of the subsequent billing
periods, as appropriate, through the date of the statement. Commission shall, within 45
days of receiving such statement, review the statement and pay all approved charges
thereon.
3.14.3 Reimbursement for Expenses. Consultant shall not be
reimbursed for any expenses unless authorized in writing by Commission.
3.14.4 Additional Work. Any work or activities that are in addition to, or
otherwise outside of, the Services to be performed pursuant to this Agreement shall only be
performed pursuant to a separate agreement between the parties. Notwithstanding the
foregoing, the Commission’s Executive Director may make a change to the Agreement,
other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a
change which is “outside the scope” of the Agreement; in other words, work which should
not be regarded as having been fairly and reasonably within the contemplation of the
parties when the Agreement was entered into. An example of a change which is not a
Cardinal Change would be where, in a contract to construct a building there are many
changes in the materials used, but the size and layout of the building remains the same.
Cardinal Changes are not within the authority of this provision to order, and shall be
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processed by the Commission as “sole source” procurements according to applicable law,
including the requirements of FTA Circular 4220.1D, paragraph 9(f).
(a) In addition to the changes authorized above, a modification
which is signed by Consultant and the Commission’s Executive Director, other than a
Cardinal Change, may be made in order to: (1) make a negotiated equitable adjustment to
the Agreement price, delivery schedule and other terms resulting from the issuance of a
Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of the
parties modifying the terms of this Agreement (“Bilateral Contract Modification”).
(b) Consultant shall not perform, nor be compensated for any
change, without written authorization from the Commission’s Executive Director as set forth
herein. In the event such a change authorization is not issued and signed by the
Commission’s Executive Director, Consultant shall not provide such change.
3.15 Financial Provisions; Records Retention; Audit.
3.15.1 Cost Principles and Administrative Requirements.
(a) Consultant agrees that the Contract Cost Principles and
Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et
seq., shall be used to determine the cost allowability of individual items.
(b) Consultant also agrees to comply with federal procedures in
accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards.
(c) Any costs for which payment has been made to CONSULTANT
that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject
to repayment by Consultant to Commission.
(d) All subcontracts in excess of $25,000 shall contain the above
provisions.
3.15.2 Retention of Records/Audit. For the purpose of determining
compliance with, as applicable, 2 CFR Part 200, Public Contract Code 10115, et seq. and
Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable
and other matters connected with the performance of this Agreement pursuant to
Government Code 8546.7; Consultant, subconsultants, and Commission shall maintain and
make available for inspection all books, documents, papers, accounting records, and other
evidence pertaining to the performance of this Agreement, including but not limited to, the
costs of administering this Agreement. All parties shall make such materials available at
their respective offices at all reasonable times during the Agreement period and for three
years from the date of final payment under this Agreement. The State, State Auditor,
Commission, or any duly authorized representative of the State or Federal Government
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shall have access to any books, records, and documents of Consultant and it’s certified
public accountants (CPA) work papers that are pertinent to this Agreement and, if
applicable, indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and
copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall
contain this provision.
3.15.3 Accounting System. Consultant and its subcontractors shall
establish and maintain an accounting system and records that properly accumulate and
segregate expenditures by line item for the Services. The accounting system of Consultant
and its subcontractors shall conform to Generally Accepted Accounting Principles (GAAP),
enable the determination of incurred costs at interim points of completion, and provide
support for reimbursement payment vouchers or invoices.
3.15.4 Audit Review Procedures.
(a) Any dispute concerning a question of fact arising under an
interim or post audit of this Agreement that is not disposed of by agreement, shall be
reviewed by Commission’s Chief Financial Officer.
(b) Not later than 30 days after issuance of the final audit report,
Consultant may request a review by Commission’s Chief Financial Officer of unresolved
audit issues. The request for review will be submitted in writing.
(c) Neither the pendency of a dispute nor its consideration by
Commission shall excuse Consultant from full and timely performance, in accordance with
the terms of this Agreement.
3.16 Termination of Agreement.
3.16.1 Grounds for Termination. Commission may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof. Upon termination, Consultant shall be compensated only for those
services which have been fully and adequately rendered to Commission through the
effective date of the termination, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.16.2 Effect of Termination. If this Agreement is terminated as
provided herein, Commission may require Consultant to provide all finished or unfinished
Documents and Data, as defined below, and other information of any kind prepared by
Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within fifteen
(15) days of the request.
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3.16.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, Commission may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.17 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
CONSULTANT: COMMISSION:
______________________ Riverside County
______________________ Transportation Commission
______________________ 4080 Lemon Street, 3rd Floor
_____________________ Riverside, CA 92501
Attn: ________________ Attn: Executive Director
Such notice shall be deemed made when personally delivered or when
mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.18 Ownership of Materials/Confidentiality.
3.18.1 Documents & Data. This Agreement creates an exclusive and
perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all
copyrights and designs embodied in plans, specifications, studies, drawings, estimates,
materials, data and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that
Commission is granted an exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right
to grant the exclusive and perpetual license for all such Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were
prepared by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents
& Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at Commission’s sole risk.
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3.18.2 Intellectual Property. In addition, Commission shall have and
retain all right, title and interest (including copyright, patent, trade secret and other
proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data,
computer programs or software and source code, enhancements, documents, and any and
all works of authorship fixed in any tangible medium or expression, including but not limited
to, physical drawings or other data magnetically or otherwise recorded on computer media
(“Intellectual Property”) prepared or developed by or on behalf of Consultant under this
Agreement as well as any other such Intellectual Property prepared or developed by or on
behalf of Consultant under this Agreement.
The Commission shall have and retain all right, title and interest in
Intellectual Property developed or modified under this Agreement whether or not paid for
wholly or in part by Commission, whether or not developed in conjunction with Consultant,
and whether or not developed by Consultant. Consultant will execute separate written
assignments of any and all rights to the above referenced Intellectual Property upon
request of Commission.
Consultant shall also be responsible to obtain in writing separate
written assignments from any subcontractors or agents of Consultant of any and all right to
the above referenced Intellectual Property. Should Consultant, either during or following
termination of this Agreement, desire to use any of the above-referenced Intellectual
Property, it shall first obtain the written approval of the Commission.
All materials and documents which were developed or prepared by the
Consultant for general use prior to the execution of this Agreement and which are not the
copyright of any other party or publicly available and any other computer applications, shall
continue to be the property of the Consultant. However, unless otherwise identified and
stated prior to execution of this Agreement, Consultant represents and warrants that it has
the right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and
perpetual license to copy, use, modify or sub-license any and all Intellectual Property
otherwise owned by Consultant which is the basis or foundation for any derivative,
collective, insurrectional, or supplemental work created under this Agreement.
3.18.3 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of Commission, be used by
Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use Commission's name or insignia,
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photographs of the Project, or any publicity pertaining to the Services or the Project in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of Commission.
3.18.4 Infringement Indemnification. Consultant shall defend, indemnify and
hold the Commission, its directors, officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged
infringement of any patent, copyright, trade secret, trade name, trademark, or any other
proprietary right of any person or entity in consequence of the use on the Project by
Commission of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.19 Equipment Purchase
Prior authorization, in writing, by Commission’s Contract Administrator shall
be required before Consultant enters into any unbudgeted purchase order, or subcontract
for supplies, equipment, or services. Consultant shall provide an evaluation of the necessity
or desirability of incurring such costs.
For purchase of any item, service or consulting work not covered in the Cost
Proposal and exceeding $5,000 prior authorization, in writing, by Commission’s Contract
Administrator is required. Three competitive quotations must be submitted with the
request for such purchase, or the absence of bidding must be adequately justified.
Any equipment purchased as a result of this Agreement is subject to the
following: Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an
acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is
sold or traded in, Commission shall receive a proper refund or credit at the conclusion of
this Agreement, or if this Agreement is terminated, Consultant may either keep the
equipment and credit Commission in an amount equal to its fair market value, or sell such
equipment at the best price obtainable at a public or private sale, in accordance with
established Commission procedures; and credit Commission in an amount equal to the
sales price. If Consultant elects to keep the equipment, fair market value shall be
determined at Consultant’s expense, on the basis of a competent independent appraisal of
such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by
Commission and Consultant. If Consultant determines to sell the equipment, the terms and
conditions of such sale must be approved in advance by Commission. 2 CFR, Part 200
requires a credit to Federal funds when participating equipment with a fair market value
greater than $5,000 is credited to the Project.
All subcontracts in excess $25,000 shall contain the above provisions.
3.20 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
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Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and costs of such actions.
3.21 Indemnification. To the fullest extent permitted by law, Consultant shall
defend (with counsel of Commission’s choosing), indemnify and hold Commission, its
directors, officials, officers, employees, consultants, volunteers, and agents free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to alleged negligent acts, omissions, or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants, and
contractors arising out of or in connection with the performance of the Services, the Project
or this Agreement, including without limitation the payment of consequential damages,
expert witness fees, and attorneys fees and other related costs and expenses. Consultant
shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits,
actions or other legal proceedings of every kind that may be brought or instituted against
Commission, its directors, officials, officers, employees, consultants, agents, or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against Commission or its directors, officials, officers, employees, consultants, agents, or
volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse
Commission and its directors, officials, officers, employees, consultants, agents, and/or
volunteers, for any and all legal expenses and costs, including reasonable attorney’s fees,
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Commission, its directors, officials officers, employees,
consultants, agents, or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance as a “design professional” (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by
a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
Consultant’s obligations as set forth in this Section shall survive expiration or
termination of this Agreement.
3.22 Entire Agreement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be supplemented, amended, or
modified by a writing signed by both parties.
3.23 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
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3.24 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.25 Commission's Right to Employ Other Consultants. The Commission
reserves the right to employ other consultants in connection with this Project.
3.26 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties, and shall not be assigned by Consultant without the
prior written consent of Commission.
3.27 Prohibited Interests and Conflicts.
3.27.1 Solicitation. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, Commission shall have the right to
rescind this Agreement without liability.
3.27.2 Conflict of Interest. For the term of this Agreement, no member,
officer or employee of Commission, during the term of his or her service with Commission,
shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.27.3 Conflict of Employment. Employment by the Consultant of
personnel currently on the payroll of the Commission shall not be permitted in the
performance of this Agreement, even though such employment may occur outside of the
employee’s regular working hours or on weekends, holidays or vacation time. Further, the
employment by the Consultant of personnel who have been on the Commission payroll
within one year prior to the date of execution of this Agreement, where this employment is
caused by and or dependent upon the Consultant securing this or related Agreements with
the Commission, is prohibited.
3.27.4 Employment Adverse to the Commission. Consultant shall
notify the Commission, and shall obtain the Commission’s written consent, prior to
accepting work to assist with or participate in a third-party lawsuit or other legal or
administrative proceeding against the Commission during the term of this Agreement.
3.28 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Consultant shall also comply with all relevant provisions of
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Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or
other related Commission programs or guidelines currently in effect or hereinafter enacted.
3.29 Subcontracting. Consultant shall not subcontract any portion of the
work or Services required by this Agreement, except as expressly stated herein, without
prior written approval of the Commission. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
3.30 Prevailing Wages. By its execution of this Agreement, Consultant
certified that it is aware of the requirements of California Labor Code Sections 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 certain “public works” and “maintenance” projects. If
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 $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws. The Commission
shall provide Consultant with a copy of the prevailing rate of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of
per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the Commission, its elected officials, officers, employees and agents
free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
3.30.1 DIR Registration. If the Services are being performed as part of
an applicable “public works” or “maintenance” project, then pursuant to Labor Code
Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with
the Department of Industrial Relations. If applicable, Consultant shall maintain registration
for the duration of the Project and require the same of any subconsultants. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable
registration and labor compliance requirements.
3.31 Employment of Apprentices. This Agreement shall not prevent the
employment of properly indentured apprentices in accordance with the California Labor
Code, and no employer or labor union shall refuse to accept otherwise qualified employees
as indentured apprentices on the work performed hereunder solely on the ground of race,
creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the
standard wage paid to apprentices under the regulations of the craft or trade in which he or
she is employed and shall be employed only in the craft or trade to which he or she is
registered.
If California Labor Code Section 1777.5 applies to the Services, Consultant
and any subcontractor hereunder who employs workers in any apprenticeable craft or trade
shall apply to the joint apprenticeship council administering applicable standards for a
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17
certificate approving Consultant or any sub-consultant for the employment and training of
apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall
employ the number of apprentices provided for therein, as well as contribute to the fund to
administer the apprenticeship program in each craft or trade in the area of the work
hereunder.
The parties expressly understand that the responsibility for compliance with
provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California
Labor Code in regard to all apprenticeable occupations lies with Consultant.
3.32 No Waiver. Failure of Commission to insist on any one occasion upon
strict compliance with any of the terms, covenants or conditions hereof shall not be deemed
a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
3.33 Eight-Hour Law. Pursuant to the provisions of the California Labor
Code, eight hours of labor shall constitute a legal day's work, and the time of service of any
worker employed on the work shall be limited and restricted to eight hours during any one
calendar day, and forty hours in any one calendar week, except when payment for overtime
is made at not less than one and one-half the basic rate for all hours worked in excess of
eight hours per day ("Eight-Hour Law"), unless Consultant or the Services are not subject to
the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each
worker employed in the execution of this Agreement by him, or by any sub-consultant
under him, for each calendar day during which such workman is required or permitted to
work more than eight hours in any calendar day and forty hours in any one calendar week
without such compensation for overtime violation of the provisions of the California Labor
Code, unless Consultant or the Services are not subject to the Eight-Hour Law.
3.34 Subpoenas or Court Orders. Should Consultant receive a subpoena or
court order related to this Agreement, the Services or the Project, Consultant shall
immediately provide written notice of the subpoena or court order to the Commission.
Consultant shall not respond to any such subpoena or court order until notice to the
Commission is provided as required herein, and shall cooperate with the Commission in
responding to the subpoena or court order.
3.35 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to,
the indemnification and confidentiality obligations, and the obligations related to receipt of
subpoenas or court orders, shall survive any such expiration or termination.
3.36 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.37 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require
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17336.00000\32845205.2
18
every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.38 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.39 Incorporation of Recitals. The recitals set forth above are true and
correct and are incorporated into this Agreement as though fully set forth herein.
3.40 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.
3.41 Provisions Applicable When Federal Funds Are Involved. Since
funding for the Services is provided, in whole or in part, from the FTA, Consultant shall fully
and adequately comply with the provisions included in Exhibit “D” (FTA Requirements)
attached hereto and incorporated herein by reference.
3.42 Conflicting Provisions. In the event that provisions of any attached
exhibits conflict in any way with the provisions set forth in this Agreement, the language,
terms and conditions contained in this Agreement shall control the actions and obligations
of the Parties and the interpretation of the Parties’ understanding concerning the
performance of the Services, except for any FTA Requirements, which shall govern, unless
otherwise approved by the Commission.
3.43 Headings. Article and Section Headings, paragraph captions or
marginal headings contained in this Agreement are for convenience only and shall have no
effect in the construction or interpretation of any provision herein.
3.44 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein, without
the prior written consent of the Commission. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by reason
of such attempted assignment, hypothecation or transfer.
3.45 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.46 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
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19
3.47 Electronically Transmitted 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.
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17336.00000\32845205.2
20
SIGNATURE PAGE
TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ELEVATOR MAINTENANCE, INSPECTION AND REPAIR
SERVICES WITH [___CONSULTANT___]
IN WITNESS WHEREOF, this Agreement was executed on the date first
written above.
RIVERSIDE COUNTY CONSULTANT
TRANSPORTATION COMMISSION [INSERT NAME OF CONSULTANT]
By: __________________________ By: ____________________________
[INSERT NAME] Signature
[INSERT RCTC SIGNATOR]
___________________________
Name
____________________________
Title
Approved as to Form: Attest:
By: ____________________________ By: ________________________
Best Best & Krieger LLP
General Counsel 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.
357
17336.00000\32845205.2
Exhibits
Exhibits A, B and D to be inserted from RFP
Exhibit C to be inserted from successful proposal
358
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Approval of VanClub Vanpool Program Subsidy Increase and Amendments to
Leasing Vendor Agreements
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Approve VanClub program vanpool subsidy increase from $400 a month per vanpool to
$600 a month per vanpool, effective July 1, 2023;
2) Approve Agreement No. 21-41-021-01, Amendment No. 1 to Agreement No. 21-41-021-00
with Airport Van Rental (AVR Vanpool) to revise the monthly subsidy amount to $600,
effective July 1, 2023, with no change to the term or agreement amount;
3) Approve Agreement No. 18-41-038-02, Amendment No. 2 to Agreement No. 18-41-038-00
with California Vanpool Authority (CalVans) to revise the monthly subsidy amount to $600,
effective July 1, 2023, with no change to the term or agreement amount;
4) Approve Agreement No. 18-45-063-04, Amendment No. 4 to Agreement No. 18-45-063-00
with Commute with Enterprise (Enterprise) to revise the monthly subsidy amount to $600,
effective July 1, 2023, with no change to the term or agreement amount; and
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the
agreements on behalf of the Commission.
BACKGROUND INFORMATION:
In May 2018, the Commission expanded its Commuter Assistance Program to launch a vanpool
subsidy program, VanClub, for commuters who travel to a worksites in western Riverside
County. Vanpools help reduce traffic and vehicle emissions by decreasing the number of single
occupant vehicles and are an effective transit mode for long distance commuters whose routes
or schedules are not served by traditional bus or rail transit. VanClub supports long-distance
commuters with a subsidy of up to $400 per month reducing the cost of a vanpool lease. A
similar vanpool subsidy is available to those commuting to eastern Riverside County worksites
through the SunLine Transit Agency.
VanClub is operated through a third-party lease or “purchased transportation” arrangement,
where the Commission competitively procures for third-party vendor(s), who then provide a
leased vehicle to vanpool groups. The lease cost includes the vanpool vehicle, insurance,
359
Agenda Item 8
maintenance and roadside assistance. Each vanpool is responsible for creating a route and
schedule, enrolling riders, selecting which leasing vendor they will lease their vehicle from and
once in a lease arrangement, the group pays their monthly lease directly to the leasing vendor
(minus the RCTC subsidy). The vendor invoices the Commission for the monthly subsidy and is
reimbursed after the Commission receives a detailed report on the vanpool activity for that
month, directly from the vanpool group.
The Commission’s current vanpool contracts are with two types of vendors: private sector
(referred throughout as private leasing vendors) - AVR Vanpool and Enterprise, and a public
transit agency/vendor, CalVans. CalVans vanpools primarily serves the agricultural and post-
secondary educational markets. As a public transit provider, CalVans takes applications directly
from the vanpool groups, leases the vehicles to those groups and reports all program statistics
directly into the National Transit Database (NTD). Whereas for the private leasing vendors, those
vanpool groups apply directly to VanClub.net and the Commission reviews and approves those
applications, oversees those vanpools, reviews monthly reports and inputs data directly into the
NTD.
The benefit to reporting into the NTD is that public agencies realize a minimum of $2 in
additional Federal Transit Administration (FTA) Section 5307 funding for every $1
invested/expended towards the ongoing subsidy program, two years after the reporting year.
Some programs nationwide have claimed up to a 3:1 return in funding. To date, VanClub has
generated approximately $8.1 million in FTA Section 5307 and 5339 to Riverside County.
For both types of purchased transportation arrangements, RCTC establishes the minimum
program requirements and guidelines, based off of FTA requirements. VanClub’s program
guidelines requires that each vanpool:
1. Transports commuters traveling to a worksite or a post-secondary educational
institution;
2. Counts the driver as an unpaid commuter and all participants (including the driver)
are volunteers;
3. Commute each day a minimum of 30 miles round-trip;
4. Commutes to an employer located within Western Riverside County;
5. Commutes at least 12 or more days during a calendar month period;
6. Maintains occupancy requirements, where the ratio of riders to available seats,
including the driver (aka occupancy) must be at least 70 percent when a vanpool
applies to the program and the vanpool must maintain a minimum occupancy rate
of 50 percent or at least four passengers (including the driver); and
7. Permits RCTC to advertise the vanpool and the route to the general public and
accept additional riders to fill empty seats.
In general, vanpool programs tend to have the most productive and cost-effective performance of
any transit mode. Since inception, VanClub has reduced over 397K trips and 14.4 million miles of
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Agenda Item 8
travel. The average distance a vanpool travels one-way to work is 45 miles, with an average out of
pocket costs (i.e., “fare” in transit terms) of $5.95 per trip. The Commission investment into the
program is minimal, in that the average farebox return since program launch through June 30, 2022
is 70.2 percent.
By March of 2020, the program had 80 active vanpools enrolled. And with the onset of the
COVID-19 Pandemic and given the shelter in place orders implemented at that time, the enrolled
vanpools dropped as non-essential workers disbanded their vanpools to work from home. By July
2020, the active vanpools totaled 30, consisting primarily of essential workers travelling to March
Air Force Base. Like other transit agencies, there were hopes that the program and ridership would
bounce back to pre-pandemic levels by the end of Fiscal Year 2020/21. Unfortunately, a rebound
has taken longer and starting in the fall of 2022, VanClub has started to enroll additional vanpools
as more workers head back to the workplace.
During this period, RCTC gave the vanpools as much flexibility as possible, and relaxed two of the
program’s criteria to accommodate for part-time vanpooling. Additionally, in June 2022 the
Commission approved an extra $100 towards the monthly subsidy for vanpool groups that lease zero
emission vehicles. Since zero emission vehicles are more costly to lease, the Commission added this
additional subsidy to help reduce congestion while also providing the highest emission reduction
benefit possible. Also at this meeting, the Commission also approved to increase the $2 a day three-
month rideshare incentive to $5 per day, temporarily expanding eligibility to out of county
participants commuting to Riverside County worksites and allowing VanClub participants that are
new to vanpooling to take advantage of this three-month incentive (in addition to the monthly
VanClub subsidy). Although VanClub participation has increased since RCTC took these actions, none
of the vanpool groups have yet to lease a zero emission vehicle.
DISCUSSION:
Inflation has significantly increased the cost to participate in a vanpool and diminished the ratio of
support provided by the $400 subsidy amount. The average vanpool lease at program inception was
$937 per month; currently, the average vanpool lease is $1,251, or 34 percent higher than it was five
years ago. In that same timeframe, the average cost of fuel has increased by 26 percent. A vanpool
traveling an average of 90 miles roundtrip four days a week (at 20 miles per gallon) translates to an
estimated $347 per month, in fuel costs alone.
VanClub program participants, past and present, expressed sensitivity to the rising costs of
vanpooling in a survey completed at the end of 2022. When asked how vanpools can best be
supported, increasing the monthly subsidy amount and lowering vanpool lease agreement prices
were the highest ranked options. To help keep vanpool an attractive option for commuters that may
lack transit options or other mobility alternatives, many neighboring programs have or are planning
to increase the monthly subsidy from the traditional $400 per month level.
Monthly
Subsidy
Metro OCTA RCTC SANDAG SBCTA VVTA
$600 $400* $400* $500 $600** $600
*Exploring increase to $600 per month; ** Effective Fiscal Year 2023/24
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Agenda Item 8
The $400 a month subsidy was initially established in the mid 1990’s, when the first ongoing vanpool
program in California was implemented in San Diego County. In 2007 both Los Angeles and Orange
County jump started their ongoing vanpool programs, offering $400 a month subsidy. Today, these
vanpool subsidy programs operated by Los Angeles County Metropolitan Transportation Authority
and San Diego Association of Governments, offer monthly subsidies of $600 and $500, respectively.
In San Bernardino County, Victor Valley Transit Authority vanpool program offers a monthly subsidy
of $600 and San Bernardino County Transportation Authority is currently at $400 and is increasing
to $600 next fiscal year. Orange County Transportation Authority is exploring a potential increase to
$600 subsidy level for their vanpool program as well.
To keep up with rising costs and foster additional vanpool participation which will help reduce
congestion and improve mobility, as well as generate future FTA Section 5307 for Riverside County
transit programs, Staff recommends increasing the VanClub monthly subsidy from $400 to $600 per
month (and maintaining the additional $100 for EV vanpool vehicles) and amending existing vanpool
leasing vendor contracts to reflect this change.
FISCAL IMPACT
The total value of the revised VanClub subsidy is $515,400.
Financial Information
In Fiscal Year Budget: N/A Year: FY 2023/24 Amount: $515,400
Source of Funds:
Operating: Western County Measure A; FTA
CARES; Mobile Source Air Pollution Reduction
Review Committee; Congestion Mitigation and Air
Quality Funding
Budget
Adjustment:
No
N/A
GL/Project Accounting No.: 002187 81030 00000 0000 263 41 81002
Fiscal Procedures Approved:
Date: 04/14/2023
Attachments:
1) Airport Van Rental Vanpool Agreement No. 21-41-021-01
2) California Vanpool Authority Agreement No. 18-41-038-03
3) Enterprise Agreement No. 18-45-063-04
362
Agenda Item 8
Approved by the Western Riverside County Programs and Projects Committee on
April 24, 2023
In Favor: 10 Abstain: 0 No: 0
363
Agreement No. 21-41-021-01
1
AMENDMENT NO. 1 TO
VANPOOL SUBSIDY PROGRAM AGREEMENT
WITH AIRPORT VAN RENTAL 1.PARTIES AND DATEThis Amendment No. 1 to Vanpool Subsidy Program Agreement is entered into as of June30, 2023, by and between the Riverside County Transportation Commission (“Commission”) and Airport Van Rental (“Consultant”). 2.RECITALS2.1 The Commission and Consultant have entered into an agreement dated January 20, 2021, for the purpose of engaging Contractor as a provider of qualified vehicles to be leased under the RCTC Vanpool Subsidy Program by participants, and to provide such other services as detailed therein (the "Master Agreement"). 2.2 The Commission and Consultant now desire to further amend the Master Agreement in order to update the maximum monthly subsidy amount paid to the Contractor to Six Hundred Dollars ($600) per vanpool and provide eligible vanpools using electric powered vehicles (EV) an additional subsidy of One Hundred Dollars ($100) per EV vanpool. 3.TERMS3.1 “Article 3. - Compensation, Section 3.2” shall be updated to provide a maximum monthly subsidy amount of Six Hundred Dollars ($600) per vanpool paid to the Contractor and provide eligible vanpools using electric powered vehicles (EV) an additional subsidy of One Hundred Dollars ($100) per EV vanpool. 3.2 Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the PARTIES under this Amendment No. 1. 3.3 This Amendment No. 1 shall be construed and interpreted according to California law, and any action to enforce the terms of this Amendment or for the breach thereof shall be brought and tried in the County of Riverside. 3.4 A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 4 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 3.5 This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[Signatures on following page]
ATTACHMENT 1
364
Agreement No. 21-41-021-01
2
SIGNATURE PAGE
TO
AMENDMENT NO. 21-41-021-01
IN WITNESS WHEREOF, the PARTIES hereto have executed this Amendment on the date first herein above written.
RIVERSIDE COUNTY AIRPORT VAN RENTAL
TRANSPORTATION COMMISSION By: _________________________________________________ By: __________________________________________ Anne Mayer Signature Executive Director __________________________________________ Name __________________________________________ Title
APPROVED AS TO FORM: ATTEST: By: _________________________________________________ By: _________________________________________ Best Best & Krieger, LLP Counsel to the Riverside County Transportation Commission 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 the Commission.
365
Agreement No. 18-41-038-03
1
AMENDMENT NO. 3 TO
INTERAGENCY AGREEMENT FOR VANPOOL SERVICES
BY AND BETWEEN
THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND
THE CALIFORNIA VANPOOL AUTHORITY 1.PARTIES AND DATEThis Amendment No. 3 to Interagency Agreement for Vanpool Services is made and enteredinto as of June 30, 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a county transportation commission established by Public Utilities Code section 130000, et. seq. (hereinafter referred to as “RCTC” or "CLIENT") and the California Vanpool Authority, a joint powers authority established under the Joint Exercise of Powers Act (hereinafter referred to as "CALVANS" or "CONTRACTOR"). CLIENT and CONTRACTOR are each a "PARTY" and collectively the "PARTIES". 2.RECITALS2.1 RCTC and CALVANS have entered into an agreement dated November 9, 2017 for the purpose of encouraging increased vanpool use in Western and Southern Riverside County by providing the provision of vanpool services (“Master Agreement”). 2.2 RCTC and CALVANS have entered into an Amendment No. 1 dated June 30, 2020 for the purpose of extending the term of the Master Agreement to June 30, 2022 for the continued provision of providing vanpool services. 2.3 RCTC and CALVANS have entered into an Amendment No. 2 dated June 30, 2022 for the purpose of extending the term of the Master Agreement to June 30, 2025 for the continued provision of providing vanpool services. 2.4 The PARTIES now desire to further amend the Master Agreement in order to update the maximum monthly subsidy amount paid to the Contractor to Six Hundred Dollars ($600) per vanpool and provide eligible vanpools using electric powered vehicles (EV) an additional subsidy of One Hundred Dollars ($100) per EV vanpool. 3.TERMS3.1 “Section 5 – Compensation” shall be updated to provide a maximum monthly subsidy amount of Six Hundred Dollars ($600) per vanpool paid to the Contractor and provide eligible vanpools using electric powered vehicles (EV) an additional subsidy of One Hundred Dollars ($100) per EV vanpool. 3.2 Except as amended by this Amendment No. 3, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the PARTIES under this Amendment No. 3. 3.3 This Amendment No. 3 shall be construed and interpreted according to California law, and any action to enforce the terms of this Amendment or for the breach thereof shall be brought and tried in the County of Riverside.
ATTACHMENT 2
366
Agreement No. 18-41-038-03
2
3.4 A manually signed copy of this Amendment No. 3 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature. 3.5 This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original. [Signatures on following page]
367
Agreement No. 18-41-038-03
3
SIGNATURE PAGE
TO
AMENDMENT NO. 18-41-038-03
IN WITNESS WHEREOF, the PARTIES hereto have executed this Amendment on the date first herein above written.
RIVERSIDE COUNTY CALIFORNIA VANPOOL AUTHORITY
TRANSPORTATION COMMISSION By: _________________________________________________ By: _________________________________________________ Anne Mayer, Executive Director Georgina Landecho, Executive Director
APPROVED AS TO FORM: By: _________________________________________________ Best Best & Krieger, LLP Counsel to the Riverside County Transportation Commission
368
Agreement No. 18-45-063-04
1
AMENDMENT NO. 4 TO
VANPOOL SUBSIDY PROGRAM AGREEMENT
WITH ENTERPRISE 1.PARTIES AND DATEThis Amendment No. 4 to Vanpool Subsidy Program Agreement is entered into as of June30, 2023, by and between the Riverside County Transportation Commission (“Commission”) and Enterprise Rent-A-Car Company of Los Angeles, LLC, a Delaware limited liability company, DBE Enterprise Rideshare (“Contractor”). 2.RECITALS2.1 The Commission and Contractor have entered into an agreement dated March 7, 2018, for the purpose of engaging Contractor as a provider of qualified vehicles to be leased under the RCTC Vanpool Subsidy Program by participants, and to provide such other services as detailed therein (the "Master Agreement"). 2.2 The Commission and the Consultant have entered into Amendment No. 1 to the Master Agreement, dated March 24, 2021, for the purpose of extending the term for continued qualified vehicle provider services. 2.3 The Commission and the Consultant have entered into Amendment No. 2 to the Master Agreement, dated March 31, 2022, for the purpose of extending the term for continued qualified vehicle provider services and to replace "Exhibit B" of the Master Agreement. 2.4 The Commission and the Consultant have entered into Amendment No. 3 to the Master Agreement, dated March 2, 2023, for the purpose of extending the term for continued qualified vehicle provider services. 2.5 The PARTIES now desire to further amend the Master Agreement in order to replace “Exhibit B” of the Master Agreement. 3.TERMS3.1 “Exhibit B – Vehicle Subsidy” shall be replaced in its entirety with Exhibit B attached to this Amendment No. 4. 3.2 Except as amended by this Amendment No. 4, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the PARTIES under this Amendment No. 4. 3.3 This Amendment No. 4 shall be construed and interpreted according to California law, and any action to enforce the terms of this Amendment or for the breach thereof shall be brought and tried in the County of Riverside. 3.4 A manually signed copy of this Amendment No. 4 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same
ATTACHMENT 3
369
Agreement No. 18-45-063-04
2
legal effect as delivery of an original executed copy of this Amendment No. 4 for all purposes. This Amendment No. 4 may be signed using an electronic signature. 3.5 This Amendment No. 4 may be signed in counterparts, each of which shall constitute an original. [Signatures on following page]
370
Agreement No. 18-45-063-04
3
SIGNATURE PAGE
TO
AMENDMENT NO. 18-45-063-04
IN WITNESS WHEREOF, the PARTIES hereto have executed this Amendment on the date first herein above written.
RIVERSIDE COUNTY ENTERPRISE RENT-A-CAR
TRANSPORTATION COMMISSION COMPANY OF LOS ANGELES, LLC DBE ENTERPRISE RIDESHARE By: _________________________________________________ By: __________________________________________ Anne Mayer, Executive Director Signature __________________________________________ Name __________________________________________ Title
APPROVED AS TO FORM: ATTEST: By: _________________________________________________ By: _________________________________________ Best Best & Krieger, LLP Counsel to the Riverside County Transportation Commission 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 the Commission.
371
Agreement No. 18-45-063-04
4
EXHIBIT "B"
VEHICLE SUBSIDY Fifty percent (50%) of the total lease cost per Vehicle, not to exceed Six Hundred Dollars ($600) per Vehicle. Eligible Vanpools using electric powered vehicles (EV) may receive an additional subsidy of One Hundred Dollars ($100) per Vehicle.
372
VANCLUB SUBSIDY RECOMMENDATION
Brian Cunanan
Commuter & Motorist Assistance Manager
1
Riverside County Transportation Commission
May 10, 2023
2
•Sponsored by a public agency
•7 to 15 passenger vehicles
•Routes marketed to and
open to the public
•ADA accessible
FTA Recognizes Vanpool as Transit
Vanpools complement traditional transit modes
3
•Western Riverside County worksite destination
•Five participants to start
•30+ miles roundtrip/day
•Commute 12+ days/month
•Approved vanpool lease providers
•Extra $100 subsidy for EV vehicles
VanClub Provides $400 Monthly Subsidy
4
Highly Productive Transit Mode
397K
Vehicle Trips
Reduced
5.5
Tons Emissions
Reduced
14.5M
Vehicle Miles
Traveled Reduced
~4.7 riders per trip
~44.8 miles per trip
~19.8 days per month
5
Includes:
•Vehicle
•Insurance
•Maintenance
•Roadside assistance
Average FY23 Vanpool Lease = $1,252
6
Average Monthly Lease Increased $315
$-
$200
$400
$600
$800
$1,000
$1,200
$1,400
2018 2023
$1,252
$937
Current $400 Monthly
Subsidy
7
Vanpool Monthly “Fare” Increased 59%
Individual fare equals all
out-of-pocket costs including:
•Vehicle lease
•Non-vehicle lease expenses
•Fuel
•Washes
•Tolls
•Misc.
$-
$50
$100
$150
$200
$250
$300
$350
2018 2023
$305
$192
8
Strategies for Increased Vanpool Adoption
•Engage more small/mid sized businesses
•Expand Commuter Assistance to eastern Riverside County
•Merge IE rideshare database with LA/OC rideshare database
•Increase monthly VanClub vanpool subsidy from $400 to $600
9
Staff Recommendation
•Approve VanClub program vanpool subsidy increase from $400 a
month per vanpool to $600 a month per vanpool, effective July 1, 2023;
•Approve amendments to vanpool leasing vendor agreements with
AVR Vanpool, CalVans, and Commute with Enterprise to revise
subsidy to $600 with no change to the term or agreement amount; and
•Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements on behalf of the Commission.
QUESTIONS, DISCUSSION
10
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: May 10, 2023
TO: Riverside County Transportation Commission
FROM: Budget and Implementation Committee
David Knudsen, External Affairs Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: State and Federal Legislative Update
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
1) Receive and file a state and federal legislative update.
State Update
Assembly Bill 1525 (Bonta) – Oppose via Platform
Assembly Bill 1525 (AB 1525) authored by Assemblymember Mia Bonta (Oakland), requires that
at least 60 percent of state transportation funds are allocated to disadvantaged, environmental
justice, tribal, and other communities of concern. While RCTC supports greater investments
across all modes of transportation and ensuring equity-based transportation planning and
implementation policies, AB 1525 drastically narrows the location and types of projects that are
eligible for funding.
Riverside County is among the fastest growing counties in the state and nation and depends upon
flexibility to deliver projects at a regional level. Overly proscriptive policies, such as those outlined
in AB 1525, limit RCTC’s ability to deliver projects that promote an interconnected transportation
network between communities.
Opposing this legislation is consistent with the Commission’s adopted 2023 State and Federal
Legislative Platform, including:
Regional Control:
• Project selection and planning authority for state/federal funds should be as local
as possible, preferably in the hands of the Commission.
Funding:
• Funding sources should be discretionary and distributed by population share to
facilitate expeditious project delivery and expenditure of funds.
373
Agenda Item 9
• Support maintaining the legislative intent behind Senate Bill 1 (Statutes 2017) and
historic base program funding, by:
o Opposing efforts to tie distribution of transportation funding to ancillary
policy matters, such as housing.
o Opposing efforts to deviate from legislative intent and existing statute.
o Ensuring program guidelines are as broad as possible with respect to
mode, to the extent appropriate while adhering to legislative intent.
Assembly Bill 558 (Arambula) – Oppose via Platform
Assembly Bill 558 (AB 558), authored by Assemblymember Joaquin Arambula appears to
interfere with the governing structure of the Fresno County Transportation Authority (FCTA) by
increasing its board membership from 9 to 13 members. The four new positions must be filled by
a labor organization representative, youth member, disadvantaged community member, and an
educational member.
However, this restructuring of the FCTA is done without consensus and support from regional
stakeholders. In addition, AB 558 establishes a concerning precedent for RCTC and other regional
transportation agencies that rely upon a collaborative process to be effective.
Opposing this legislation is consistent with the Commission’s adopted 2023 State and Federal
Legislative Platform, including:
Protect Our Authority and Revenue
• Oppose legislation that restructures or interferes with governance of the
Commission or other local and regional transportation agencies without the
support and consent of the entity affected.
RCTC staff submitted a letter of opposition to the Assembly Local Government Committee, where
the bill is currently located and awaits a hearing date.
Assembly Bill 7 (Friedman) – Informational Only
On March 23, staff submitted a letter of concern to the Assembly Transportation Committee on
Assembly Bill 7 (AB 7). Staff had limited time to review the full scope of the bill in the shortened
timeframe between the publish date of amendments and the bill being scheduled for its first
committee hearing. However, staff is concerned with a provision of the bill requiring specific
policy principles to be incorporated when certain local transportation funds are used on a project.
Additionally, the author continues to engage a series of stakeholder committees, which includes
RCTC’s Sacramento advocate, about potential amendments to AB 7. Staff will continue to
monitor and engage on the bill as potential amendments are developed. The bill awaits a hearing
date in the Assembly Appropriations Committee before it can receive a vote on the Assembly
floor.
374
Agenda Item 9
Assembly Bill 1385 (Garcia) – Update
With the Commission's decision on March 8, 2023, to sponsor legislation to change RCTC's sales
tax authority, Assemblymember Eduardo Garcia amended Assembly Bill 1385 (AB 1385) to
increase RCTC's sales tax authority from one cent to one and a half cents per dollar.
RCTC's sales tax authority was established by the state in 1987, allowing Riverside County voters
to approve a county-wide half-cent sales tax measure to fund transportation improvements.
Measure A, the Commission's half-cent sales tax measure was passed by the voters in 1988 and
was renewed in 2002. Measure A expires in 2039.
While AB 1385 does not alter Measure A or impose any new taxes in Riverside County, the bill
does enable local voters to seek changes to Measure A's sales tax rate in the future.
On behalf of the Commission, staff submitted a letter of support and sponsorship to
Assemblymember Garcia and has engaged the offices of Assemblymembers Corey Jackson,
Sabrina Cervantes, Greg Wallis, Bill Essayli, and Kate Sanchez as well as staff from the office of
Senator Richard Roth regarding the bill. Staff anticipates meeting with the remaining offices from
Riverside County’s legislative delegation in the coming weeks before the bill works its way
through the committee process.
Federal Update
On April 4, Executive Director Anne Mayer, Deputy Executive Director Aaron Hake, and
Commissioner Linda Krupa attended a roundtable meeting with Representative Raul Ruiz and
White House Senior Advisor and Infrastructure Coordinator Mitch Landrieu. The discussion
focused on opportunities to leverage federal funding under the Infrastructure Investment and
Jobs Act to deliver transportation improvements to local communities.
As part of the federal Fiscal Year 2024 appropriations process, RCTC staff submitted six
applications to delegation members for Congressionally Directed Spending and Community
Project Funding, totaling $24 million. These requests include:
• $5 million for the Coachella Valley Rail Project – Tier II Approval and Environmental
Documentation each from Senator Dianne Feinstein, Senator Alex Padilla, and
Representative Ken Calvert;
• $3 million for the Metrolink Double Track Project: Moreno Valley to Perris from
Representative Mark Takano;
• $3 million for the Mid County Parkway Ramona Expressway Project from Representative
Raul Ruiz; and
• $3 million for the 91 Eastbound Corridor Operations Project from Representative Young
Kim.
375
Agenda Item 9
The House and Senate have different appropriations rules. In the House, each Member cannot
submit more than a total of 15 appropriations requests to the Appropriations Committee across
all 12 appropriations bills. Therefore, all House members must prioritize their funding requests.
RCTC recently learned that the following requests were submitted to the House Appropriations
Committee:
• $5 million for the Coachella Valley Rail Project – Tier II Approval and Environmental
Documentation from Representative Ken Calvert. This project was ranked as the top
priority out of 15 projects recommended for funding by Representative Calvert;
• $3 million for the Metrolink Double Track Project: Moreno Valley to Perris from
Representative Mark Takano; and
• $3 million for the 91 Eastbound Corridor Operations Project from Representative
Young Kim.
While the status of RCTC’s remaining applications is pending, members of Congress are expected
to release their final list of projects for funding consideration in the coming weeks.
FISCAL IMPACT:
This is a policy and information item. There is no fiscal impact.
Attachments:
1) Legislative Matrix – May 2023
2) AB 1525 Oppose Letter
3) AB 558 Oppose Letter
4) AB 7 Letter of Concern
5) AB 1385 Support Letter
376
RIVERSIDE COUNTY TRANSPORTATION COMMISSION - POSITIONS ON STATE AND FEDERAL LEGISLATION – MAY 2023
Legislation/ Author Description Bill Status Position Date of Board Adoption
AB 558 (Arambula) This bill restructures the Fresno County Transportation Authority (FCTA)
by increasing its board membership from nine to thirteen members. This
restructuring is done without the consensus and support from regional
stakeholders and sets a concerning precedent for RCTC and other
regional transportation agencies that rely upon a collaborative process
to be effective.
Referred to Assembly Local
Government Committee
March 27, 2023
Oppose Based on platform 4/10/2023
AB 1525 (Bonta) This bill significantly narrows the location and types of projects eligible to
receive state transportation funding by requiring 60% of funds to be
allocated to disadvantaged, environmental justice, tribal, and other
communities of concern.
Scheduled for hearing in
the Assembly
Transportation Committee
on April 24, 2023
March 23, 2023
Oppose Based on platform 4/11/2023
AB 1385 (Garcia) This bill would raise RCTC’s maximum tax rate authority from 1% to 1.5%. Referred to Assembly Local
Government Committee
March 27, 2023
Support 3/8/2023
SB 617 (Newman) This bill would authorize a transit district, municipal operator,
consolidated agency, joint powers authority, regional transportation
agency, or local or regional agency, as described, to use the progressive
design-build process. The bill would specify that the authority to use the
progressive design-build process.
Passed out of the Senate
Transportation Committee
on April 11, 2023. Referred
to the Senate
Appropriations Committee
April 12, 2023
Support Based on platform
4/5/2023
ATTACHMENT 1
377
April 13, 2023
The Honorable Laura Friedman
Chair, Assembly Transportation Committee
1021 O Street, Suite 5740
Sacramento, CA 95814
Subject: Opposition to AB 1525 (Bonta)
Dear Chair Friedman:
The Riverside County Transportation Commission (RCTC) respectfully opposes AB 1525, authored by Assemblymember
Mia Bonta. RCTC recognizes efforts to promote greater equity and climate resilience in transportation. This is evidenced
by RCTC’s support for investments in all modes of transportation with a goal of improving mobility, air quality, and equity
for residents of Riverside County. However, AB 1525 represents a monumental shift in how a majority of state
transportation funds are expended and significantly narrows the location and types of projects that are eligible for funding.
Riverside County is one the fastest growing counties in the state and nation. Our region’s population increase and
corresponding economic growth requires flexibility for RCTC to deliver projects and investments in all modes of
transportation, including roadways and reliable transit, to ensure residents can travel to work, school, and places of
recreation. Diverting transportation funding to specific kinds of projects, as will occur under AB 1525, strays from RCTC’s
goal of promoting an interconnected transportation network and will consequently create new disadvantages among
communities.
RCTC is a willing partner to discuss opportunities to uplift disadvantaged communities. This is why our legislative platform
explicitly voices support to “ensure that rural, low-income, and disadvantaged communities in Riverside County benefit
from equity-based transportation planning and implementation policies.” However, RCTC encourages the state to advance
equity in transportation without implementing overly proscriptive policy changes that will harm communities across
California.
Therefore, we respectfully oppose AB 1525. Should you have any questions, please do not hesitate to contact me at
amayer@rctc.org or (951) 787-7141.
Sincerely,
Anne Mayer
Executive Director
CC: Members, Assembly Transportation Committee
Riverside County Delegation
Assemblymember Mia Bonta, 18th Assembly District
ATTACHMENT 2
378
April 13, 2023
The Honorable Cecilia Aguiar-Curry
Chair, Assembly Local Government Committee
1021 O Street, Suite 6350
Sacramento, CA 95814
Subject: Opposition to AB 558 (Arambula)
Dear Chair Aguiar-Curry:
The Riverside County Transportation Commission (RCTC) respectfully opposes AB 558 authored by Assemblymember
Joaquin Arambula. The bill interferes with the governing structure of the Fresno County Transportation Authority (FCTA)
by increasing its board membership.
RCTC firmly believes in consensus, collaboration, and local control in decision-making regarding regional transportation
priorities. Such collaboration results in the deployment of billions of dollars towards transportation infrastructure projects
and the creation of tens of thousands of jobs annually in California. Like RCTC, FCTA was established to provide meaningful
transportation improvements in a cooperative way and includes the vital input from the communities it serves.
AB 558 adds four new members to the FCTA, seemingly designed to restructure its board. RCTC is concerned that this
restructure is being proposed without the support and consensus among regional stakeholders or the FCTA Board itself.
In addition, this bill establishes a concerning precedent for RCTC and other regional transportation agencies that their
structure and governance could be legislatively changed without a collaborative process.
For these reasons, RCTC opposes AB 558. Should you have any questions, please do not hesitate to contact me at
amayer@rctc.org or (951) 787-7141.
Sincerely,
Anne Mayer
Executive Director
CC: Members, Assembly Local Government Committee
Riverside County Delegation
Assemblymember Joaquin Arambula, 31st Assembly District
Mark Leonardo, Executive Director, Fresno County Transportation Authority
ATTACHMENT 3
379
March 23, 2023
The Honorable Laura Friedman
Chair, Assembly Transportation Committee
1021 O Street, Suite 5740
Sacramento, CA 95814
Re: Comments on Assembly Bill 7
Dear Chair Friedman:
The Riverside County Transportation Commission (RCTC) administers Measure A, Riverside County’s voter-
approved half-cent sales tax measure. These local funds, which were approved by a vote of more than two-
thirds of Riverside County’s voters, help deliver critically needed transportation infrastructure for the county’s
2.5 million residents. As a result, we are carefully watching the recently amended Assembly Bill 7 (AB 7).
RCTC has had limited time to review the full scope of the bill in the shortened time frame between the publish
date of amendments and the bill being scheduled for its first hearing. However, we are concerned with the
provision in the bill that requires several new policy principles to be considered during the selection process for
projects using local transportation funds.
During the 2021-2022 legislative session, RCTC opposed bills which sought to restrict the will of Riverside County
voters related to local transportation project funding. We will continue to analyze AB 7 over the coming weeks
to better understand the bill’s objectives and we look forward to engaging you, committee staff, and relevant
stakeholders to ensure the continued delivery of long-awaited transportation projects in Riverside County.
Should you have any questions, please do not hesitate to contact me at amayer@rctc.org or 951-787-7141.
Sincerely,
Anne Mayer
Executive Director
ATTACHMENT 4
380
March 28, 2023
The Honorable Eduardo Garcia
California State Assembly
1021 O Street, Suite 8120
Sacramento, CA 95814
Subject: Support Sponsorship of AB 1385 (Garcia)
Dear Assemblymember Garcia:
On March 8, 2023, the Riverside County Transportation Commission (Commission) approved to sponsor
Assembly Bill (AB) 1385. If enacted, this bill would increase the Commission's sales tax authority by a half-cent
to provide Riverside County residents with future funding options to meet the growing transportation needs of
our region.
In 1987, the Commission was granted tax administration and fee collection authority by the state (PUC 240000).
Riverside County's voters subsequently passed a county-wide half -cent per dollar sales tax measure to fund
transportation improvements in 1988, known as Measure A, with a 78.8 percent "yes" vote. Riverside County
voters renewed Measure A in 2002 with a 69.2 percent "yes" vote. Measure A now sunsets in 2039.
As the administrator of Measure A, the Commission kept its promises to Riverside County voters for nearly
35 years by using the residents' tax dollars efficiently and effectively to build the projects voters said they
wanted. Measure A generated thousands of jobs and provided more than $4.1 billion in local sales tax funding
for transportation projects across Riverside County that support its nearly 2.5 million residents, with public
transit; commuter and motorist assistance; state highways; local streets and roads; and habitat conservation for
146 protected or endangered species.
While California’s overall population decreased during the last few years, Riverside County is the fastest-growing
county in the state and the fifth fastest-growing county in the nation. The California Department of Finance
projects that by 2048, Riverside County will have 3 million people, up 20 percent from 2022. People are moving
here because of housing affordability, economic opportunity, and open space.
The increase in the county's population necessitates evaluating how to fund much-needed improvements to
our transportation infrastructure. Unfortunately, there is a significant backlog of critically needed transportation
projects in Riverside County that existing fund sources cannot meet. AB 1385 provides options should Riverside
County's voters choose to implement a new sales tax measure to fund future transportation needs.
ATTACHMENT 5
381
The Honorable Eduardo Garcia
March 28, 2023
Page 2
AB 1385 does not raise taxes. The bill increases RCTC’s sales tax authority from one cent to one and a half cents
per dollar and does not alter Measure A’s half -cent sales tax rate. Any changes to Measure A requires approval
from Riverside County’s voters.
We thank you for your leadership in prioritizing transportation investments and solutions for Riverside County
and offer support in sponsoring AB 1385.
Should you have any questions, please do not hesitate to contact me at amayer@rctc.org or (951) 787-7141.
Sincerely,
Anne Mayer
Executive Director
382
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ROLL CALL
MAY 10, 2023
Present Absent
County of Riverside, District I X
County of Riverside, District II X
County of Riverside, District III X
County of Riverside, District IV X
County of Riverside, District V X
City of Banning X
City of Beaumont X
City of Blythe X
City of Calimesa X
City of Canyon Lake X
City of Cathedral City X
City of Coachella X
City of Corona X
City of Desert Hot Springs X
City of Eastvale X
City of Hemet X
City of Indian Wells X
City of Indio X
City of Jurupa Valley X
City of La Quinta X
City of Lake Elsinore X
City of Menifee X
City of Moreno Valley X
City of Murrieta X
City of Norco X
City of Palm Desert X
City of Palm Springs X
City of Perris X
City of Rancho Mirage X
City of Riverside X
City of San Jacinto X
City of Temecula X
City of Wildomar X
Governor’s Appointee, Caltrans District 8 X
TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Administrative Services Director/Clerk of the Board
DATE: May 4, 2023
SUBJECT: G.C. 84308 Compliance – Potential Conflict of Interest
California Government Code 84308 states a Commissioner may not participate in any discussion or action
concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 12
months or 3 months following the conclusion from a bidder or bidder’s agent. This prohibition does not apply
to the awarding of contracts that are competitively bid. The Commission’s procurement division asks potential
vendors to disclose any contributions made to the campaigns of any Commissioner as part of their submitted
bid packets. As an additional precaution, those entities are included below in an effort to give Commissioners
opportunity to review their campaign statements for potential conflicts. Please note the entities listed in this
memo are not encompassing of all potential conflicts and are in addition to any personal conflicts of interest
such as those disclosed on Statement of Economic Interests – Form 700 or prohibited by Government Code
Section 1090. Please contact me should you have any questions.
Agenda Item No. 7D - Agreement for Sales Tax Audit and Reporting Services
Consultant(s): MuniServices, LLC
Carl Kumpf, Chief Financial Officer
5860 Trinity Parkway, Suite 120
Centreville, VA 20120
Agenda Item No. 7J - Agreement for Completion of Project Approval/Environmental Document for the State
Route 91 Eastbound Corridor Operations Project
Consultant(s): Parsons Transportation Group, Inc.
Chris Johnson, PE, Vice President
3200 E Guasti Road, Suite 200
Ontario, CA 91761