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Home My Public Portal About02 February 14, 2024 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, February 14, 2024 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside COMMISSIONERS Chair – Lloyd White Vice Chair – Karen Spiegel Second Vice Chair – Raymond Gregory 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 / Lori Stone, 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 Valerie Vandever / Alonso Ledezma, 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, February 14, 2024 Board Room County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside, CA 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 February 13, 2024, 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. Under the Brown Act, the Commission should not take action on or discuss matters raised during public comment portion of the agenda that are not listed on the agenda. Commission members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. Riverside County Transportation Commission Meeting Agenda February 14, 2024 Page 2 5. ADDITIONS / REVISIONS – The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda. 6. CONSENT CALENDAR – All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 6A. APPROVAL OF MINUTES – JANUARY 10, 2024 Page 1 6B. SINGLE SIGNATURE AUTHORITY REPORT Page 8 Overview This item is for the Commission to: 1) Receive and file the Single Signature Authority report for the second quarter ended December 31, 2023. 6C. MONTHLY INVESTMENT REPORT Page 10 Overview This item is for the Commission to: 1) Receive and file the Monthly Investment Report for the month ended December 31, 2023. 6D. AMENDMENT TO AGREEMENT WITH NOSSAMAN LLP FOR ON-CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES FOR THE INTERSTATE 15 EXPRESS LANES PROJECT SOUTHERN EXTENSION Page 13 Overview This item is for the Commission to: 1) Approve Agreement No. 06-66-028-16, Amendment No. 13 to Agreement No. 06-66-028-00, with Nossaman LLP (Nossaman) for the on-call strategic partnership advisor services to support the Interstate 15 Express Lanes Project Southern Extension (I-15 ELPSE), extend the contract term to December 31, 2030, and augment the agreement in the amount of $3,030,508, plus a contingency amount of $350,000, for an additional amount of $3,380,508 for a total amount not to exceed $19,383,443; Riverside County Transportation Commission Meeting Agenda February 14, 2024 Page 3 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the project. 6E. INTERSTATE 15/STATE ROUTE 91 EXPRESS LANES CONNECTOR PROJECT DESIGN- BUILD CONTRACT FINAL ACCEPTANCE Page 28 Overview This item is for the Commission to: 1) Authorize Final Acceptance for the Interstate 15/State Route 91 Express Lanes Connector Project (15/91 ELC or Project) Design-Build Contract, Agreement No. 19-31-074-00, with Myers-Rados, a Joint Venture, subject to the Executive Director’s verification that all contract requirements for Final Acceptance have been met. 6F. 15 EXPRESS LANES MONTHLY STATUS REPORTS Page 31 Overview This item is for the Commission to: 1) Receive and file the 15 Express Lanes Monthly Reports for the three months from July to September 2023. 6G. 91 EXPRESS LANES MONTHLY STATUS REPORTS Page 58 Overview This item is for the Commission to: 1) Receive and file the 91 Express Lanes Monthly Reports for the three months from July to September 2023. 6H. QUARTERLY REPORTING OF CONTRACT CHANGE ORDERS FOR CONSTRUCTION CONTRACTS Page 120 Overview This item is for the Commission to: 1) Receive and file the Quarterly Report of Contract Change Orders for Construction Contracts for the three months ended December 31, 2023. Riverside County Transportation Commission Meeting Agenda February 14, 2024 Page 4 6I. STATE AND FEDERAL LEGISLATIVE UPDATE Page 122 Overview This item is for the Commission to: 1) Receive and file a state and federal legislative update. 6J. FISCAL YEARS 2024/25 – 2026/27 MEASURE A SPECIALIZED TRANSIT CALL FOR PROJECTS PROGRAM GUIDELINES Page 127 Overview This item is for the Commission to: 1) Approve the Fiscal Years 2024/25 – 2026/27 Measure A Specialized Transit Program Guidelines; and 2) Direct staff to release the FYs 2024/25 – 2026/27 Measure A Specialized Transit Call for Projects for $13,127,000 for Western Riverside County (Western County) on February 14, 2024. 7. FISCAL YEAR 2023/24 MID-YEAR REVENUE AND EXPENDITURE PROJECTIONS Page 154 Overview This item is for the Commission to: 1) Receive and file the Fiscal Year 2023/24 Mid-Year Revenue Projection Report, which includes Measure A, Local Transportation Funds (LTF) and Transportation Uniform Mitigation Fees (TUMF); and 2) Approve the FY 2023/24 mid-year budget expenditure adjustments for a net increase of $1,434,900. 8. FISCAL YEAR 2024/25 REVENUE PROJECTIONS Page 158 Overview This item is for the Commission to: 1) Approve the projection for Measure A revenues of $282 million for Fiscal Year 2024/25; 2) Approve the projection for Local Transportation Fund (LTF) apportionment of $155 million for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas for FY 2024/25; and 3) Approve the projection for Transportation Uniform Mitigation Fee (TUMF) revenues of $30 million for FY 2024/25. Riverside County Transportation Commission Meeting Agenda February 14, 2024 Page 5 9. AGREEMENT FOR INTERSTATE 15 EXPRESS LANES PROJECT TOLL SERVICES Page 164 Overview This item is for the Commission to: 1) Authorize staff to enter into negotiations with Kapsch for a non-competitive 10-year extension of Agreement No. 16-31-043-00. 10. AGREEMENT FOR PLANS, SPECIFICATIONS, & ESTIMATES FOR THE INTERSTATE 15 FRANKLIN STREET INTERCHANGE PROJECT Page 172 Overview This item is for the Commission to: 1) Award Agreement No. 24-72-028-00 to HDR Engineering Inc. for plans, specifications, & estimates (PS&E) for the Interstate 15 Franklin Street Interchange Project in the amount of $8,759,405, plus a contingency amount of $875,941, for a total amount not to exceed $9,635,346; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director or designee, to approve contingency work up to the total not to exceed amount as required for these services. 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 12. EXECUTIVE DIRECTOR REPORT 13. COMMISSIONER COMMENTS Overview This item provides the opportunity for brief announcements or comments on items or matters of general interest. 14. ADJOURNMENT The next Commission meeting is scheduled to be held on Wednesday, March 13, 2024. AGENDA ITEM 6A MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEETING MINUTES Wednesday, January 10, 2024 1.CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Lloyd White at 9:30 a.m. in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. For public comment visit https://rivco.org/constituent-speaking-request to complete a speaker slip. 2.ROLL CALL Commissioners/Alternates Present Commissioners Absent Russell Betts Jeremy Smith Brian Berkson Chuck Conder Karen Spiegel Ulises Cabrera Joseph DeConinck James Stewart Waymond Fermon Raymond Gregory Wes Speake Kathleen Fitzpatrick Yxstian Gutierrez* Michael M. Vargas Sheri Flynn Berwin Hanna Valerie Vandever Steven Hernandez Jan Harnik Cindy Warren Chuck Washington Kevin Jeffries Lloyd White Linda Krupa* Bill Zimmerman* Clint Lorimore* Bob Magee Meg Marker Lisa Middleton Linda Molina V. Manuel Perez Catalino Pining Dana Reed *Arrived after the meeting was called to order. At this time, Commissioner Linda Krupa joined the meeting. 3.PLEDGE OF ALLEGIANCE Second Vice Chair Raymond Gregory led the Commission in a flag salute. At this time, Commissioner Clint Lorimore joined the meeting. 1 Riverside County Transportation Commission Meeting Minutes January 10, 2024 Page 2 At this time, Chair White and Executive Director Anne Mayer presented Past Chair Bob Magee with a gavel to commemorate his tenure as Chair for 2023. Chair White expressed appreciation to former Chair Bob Magee for doing a great job. Anne Mayer expressed appreciation on behalf of herself and the whole RCTC team to former Chair Magee for his leadership over the past year. Commissioner Bob Magee expressed appreciation for the past 20 years he has been a part of this Commission. He stated it was a pleasure to see that they have added more lanes to the State Route 91 freeway, finished the Railroad Canyon Road Interchange, and their biggest effort is going to be the CV Rail Project. Chair White stated that it was almost 9 years ago today that he sat on this Commission and at that meeting he made it clear he recognized their city had not been the best of neighbors and he vowed to change that. He expressed appreciation for the Commissioners’ support in letting him rise to this position and represent the Pass Area as the Chair of RCTC. 4. PUBLIC COMMENTS Anthony Mitchell expressed concern that his damage claim was denied. He was assured when he had called Amtrak and asked them if it would be okay to leave his vehicle at 466 Vine Street for a couple of days. He notified security about leaving his vehicle and he left on October 4 and came back on October 10 and on October 9th is when the incident occurred. The ignition and the door lock were ripped out of his car, and he had to have it towed and the security was there, they talked to the guy, but they let him get on the bus and they did not get his identification. Mr. Mitchell has a Riverside Police report number and Amtrak’s police report number for this incident and his claim is for $390.00; and he wants to be reimbursed. At this time, Commissioner Bill Zimmerman joined the meeting. 5. ADDITIONS / REVISIONS There were no additions or revisions to the agenda. 6. CONSENT CALENDAR M/S/C (Morabito/Perez) to approve the following Consent Calendar items. 6A. APPROVAL OF MINUTES – DECEMBER 13, 2023 2 Riverside County Transportation Commission Meeting Minutes January 10, 2024 Page 3 6B. FISCAL YEAR 2022/23 COMMISSION AUDIT RESULTS 1) Receive and file the Fiscal Year 2022/23: a) Annual Comprehensive Financial Report (ACFR); b) Local Transportation Fund (LTF) Financial and Compliance Report; c) State Transit Assistance (STA) Fund Financial and Compliance Report; d) State of Good Repair (SGR) Fund Financial and Compliance Report; e) Proposition 1B Rehabilitation and Security Project (Proposition 1B) Accounts Financial and Compliance Reports; f) Low Carbon Transit Operations Program (LCTOP) Account Financial and Compliance Reports; g) Single Audit Report; h) RCTC 91 Express Lanes Fund Financial Report; i) 15 Express Lanes Fund Financial Report; j) Debt Compliance Report; k) Auditor Required Communications Report; l) Agreed-Upon Procedures Report related to the Appropriations Limit Calculation; m) Agreed-Upon Procedures Report related to the Commuter Assistance Program (CAP) incentives; and n) Management certifications. 6C. QUARTERLY FINANCIAL STATEMENTS 1) Receive and file the Quarterly Financial Statements for the three months ended September 2023. 6D. MONTHLY INVESTMENT REPORT 1) Receive and file the Monthly Investment Report for the month ended November 30, 2023. 6E. AGREEMENTS FOR ON-CALL MAINTENANCE AND REPAIR SERVICES FOR THE COMMUTER RAIL STATIONS AND TOLL FACILITIES 1) Award the following agreements to provide on-call maintenance and repair services for the commuter rail stations and toll facilities for a three- year term, with a one-year option to extend the agreement, for a total aggregate amount not to exceed $16,850,000; a) Agreement No. 24-24-034-00 to 4D Surface Management; b) Agreement No. 24-24-049-00 to Joshua Grading & Excavating; c) Agreement No. 24-24-050-00 to Real Estate Consulting & Services 3 Riverside County Transportation Commission Meeting Minutes January 10, 2024 Page 4 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 3) Authorize the Executive Director, or designee, to execute task orders awarded to the contractors under the terms of the agreements. 6F. RIVERSIDE COUNTY 2025 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM FINANCIAL RESOLUTION 1) Adopt Resolution No. 24-001, “Resolution of the Riverside County Transportation Commission Certifying Riverside County has Resources to Fund Projects in the Federal Fiscal Years 2024/25 Through 2029/30 Transportation Improvement Program and Affirming Commitment to Implement All Projects and Phases as Applicable in the Program”. 7. AMENDMENT TO THE METROLINK MEMORANDUM OF UNDERSTANDING FOR FISCAL YEAR 2023/24 Sheldon Peterson, Rail Manager, provided a detailed overview for the memorandum of understanding (MOU) amendment with Metrolink for Fiscal Year 2023/24. M/S/C (Reed/Smith) to: 1) Approve an advance of Local Transportation Funds (LTF) of $7,365,769 for the Commission’s share of preventative maintenance operating expenses for the Southern California Regional Rail Authority (SCRRA) in Fiscal Year (FY) 2023/24; and 2) Authorize the Executive Director to finalize and execute Memorandum of Understanding (MOU) Amendment No. 1 No. 23-25-079-01, pursuant to legal counsel review, with SCRRA regarding the advance of funds. 8. DRAFT COOPERATIVE AGREEMENT WITH THE CITY OF WILDOMAR AND WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS FOR THE PREPARATION OF THE BUNDY CANYON ROAD AND WILDOMAR TRAIL INTERSTATE 15 INTERCHANGES PROJECT STUDY REPORTS David Lewis, Capital Projects Manager, presented the cooperative agreement with the city of Wildomar and Western Riverside Council of Governments (WRCOG) for the preparation of the Interstate 15 Bundy Canyon Road and I-15 Wildomar Trial Interchange Improvement Projects project study reports. • Project background o City of Wildomar (City) identified a need for two interchange improvement projects on the I-15  I-15/Bundy Canyon Road 4 Riverside County Transportation Commission Meeting Minutes January 10, 2024 Page 5  I-15/Wildomar Trail o Project Study Reports will be prepared for each interchange o WRCOG funding agency via TUMF funds - $1 million each project for a total of $2 million • An ariel exhibit of the of the project locations • Cooperative agreement o City and WRCOG requested RCTC be the lead agency for the projects o Three –way cooperative agreement details project funding and describes the roles and responsibilities for each agency o 100 percent reimbursement for Commission staff time and project expenses o Agreement is still in draft form pending legal concurrence – no major changes are anticipated Commissioner Joseph Morabito expressed appreciation for RCTC taking the lead on these two projects as this organization is much better as the lead on this than the City would have been. He then made a motion to approve staff recommendation. M/S/C (Morabito/Spiegel) to: 1) Approve Cooperative Agreement No. 24-31-055-00 with the city of Wildomar and Western Riverside Council of Governments (WRCOG) for the preparation of two separate Project Study Reports (PSR’s) for the Bundy Canyon Road and Wildomar Trail Interstate 15 Interchange projects (project); and 2) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement and future non-funding agreements and/or amendments on behalf of the Commission. 9. STATE AND FEDERAL LEGISLATIVE UPDATE Andrew Sall, Senior Management Analyst, presented an update for the state and federal legislative activities. Anne Mayer stated as Andrew Sall mentioned the work being done in terms of the communication with the California Transportation Commission (CTC) related to the action that was not taken at the December 2023 CTC meeting on their I-15 Project. The letters that have been sent regarding the concerns coming from the Inland Empire about the decision that was made had been heard as she has heard from Tanisha Taylor, Executive Director of the CTC related to the letter, CTC Chair Lee Ann Eager has contacted her, and CTC Vice Chair Carl Guardino has contacted her as well. Next week she and Ray Wolfe, San Bernardino County Transportation Authority (SBCTA) will be meeting with Chair Eager and CTC Commissioner Darnell Grisby. The CTC Commissioners are currently very active in their outreach to partners who are very concerned about what happened and from 5 Riverside County Transportation Commission Meeting Minutes January 10, 2024 Page 6 their standpoint there are many processes in place to determine how projects go forward and those are based in state and federal law. From their perspective, the individual opinions of CTC Commissioners should not override the CEQA and NEPA process and that was indicated in their letter. She believes that message is being heard and the message coming from the Inland Empire Delegation Members about depriving the Inland Empire of much needed transportation improvements has been heard. She suggested that it should be approved at the CTC meeting on January 25, which is the same day as the Commission Workshop so Jenny Chan, Planning and Programming Manager, will be there to speak on RCTC’s behalf. There will be many of their colleagues from around the state traveling to Modesto, which is where the January 25 CTC meeting will be held to speak on behalf of the project and to address concerns about the CTC not following their own guidelines and not following programming decisions that had been made. She clarified that this is not the majority of the CTC; had there been a quorum at the December CTC meeting the project would have been approved. This has opened the dialogue regarding what do they do about the fact that there are many areas throughout the state that still need roadway improvements, etc. and she is hopeful it will be a productive conversation. M/S/C to: 1) Receive and file a state and federal legislative update. At this time, Commissioner Yxstian Gutierrez joined the meeting. 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 announced: • The draft Traffic Relief Plan (Plan) is out for public review and comment. They are getting several comments from the public related to the draft Plan and their suggestions. They are on a tour of city councils to present the plan and to receive feedback from the Commissioners, their colleagues, and their community. They are out at public meetings and if anyone is interested in a presentation at their city council meeting to contact RCTC. • January 25-26, 2024, is the Annual Commission Workshop at the Renaissance Hotel in Palm Springs, which will commence at 1:00 p.m. on January 25 and be done by 11:00 a.m. on January 26. The draft Plan will be a subject conversation at that meeting. 6 Riverside County Transportation Commission Meeting Minutes January 10, 2024 Page 7 12. COMMISSIONER COMMENTS There were no comments from the Commissioners. 13. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, Chair White adjourned the meeting at 9:56 a.m. The next Commission meeting is scheduled to be held on Thursday-Friday, January 25-26, 2024. Respectfully submitted, Lisa Mobley Administrative Services Director / Clerk of the Board 7 AGENDA ITEM 6B Agenda Item 6B RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: Alicia Johnson, Senior Procurement Analyst Jose Mendoza, Procurement Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Single Signature Authority Report STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file the Single Signature Authority report for the second quarter ended December 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 second quarter ended December 31, 2023, under the single signature authority granted to the Executive Director. The unused capacity of single signature authority for services as of December 31, 2023, is $1,569,500. Attachment: Single Signature Authority Report as of December 31, 2023 8 CONTRACT # CONSULTANT DESCRIPTION OF SERVICES ORIGINAL CONTRACT AMOUNT PAID AMOUNT REMAINING CONTRACT AMOUNT AMOUNT AVAILABLE July 1, 2023 $2,000,000.00 23-18-071-00 Koff and Associates Classificaiton & Compensation Study 10,000.00 0.00 10,000.00 23-18-111-00 County of Riverside Memorandum of Understanding for Riverside County Talent domain 15,000.00 0.00 15,000.00 24-31-003-00 Center for Natural Land Management Property Analysis Record for the San Timoteo and Sweeney Easement and Endowment Oversight 21,000.00 10,500.00 10,500.00 18-19-082-03 Tyler Technologies Implementation of Munis ERP 75,000.00 0.00 75,000.00 24-18-045-00 Ralph Andersen and Associates Recruitment for Deputy Executive Director 29,500.00 0.00 29,500.00 24-19-048-00 Disenhouse Law Retainer Agreement 30,000.00 0.00 30,000.00 22-31-057-01 Psomas On-Call Right of Way Engineering and Surveying Services 250,000.00 50,000.00 200,000.00 AMOUNT USED 430,500.00 $1,569,500.00 None N/A $- $- $- Alicia Johnson Matthew Wallace Prepared by Reviewed by SINGLE SIGNATURE AUTHORITY AS OF DECEMBER 31, 2023 Note: Shaded area represents new contracts listed in the second quarter. AMOUNT REMAINING through June 30, 2024 Agreements that fall under Public Utilities Code 130323 (C) 9 AGENDA ITEM 6C Agenda Item 6C RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: Megan Kavand, Senior Financial Analyst Sergio Vidal, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Monthly Investment Report STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file the Monthly Investment Report for the month ended December 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. 10 Agenda Item 6C The monthly investment report for December 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 December 31, 2023, the Commission’s cash and investments were comprised of the following: CASH AND INVESTMENTS PORTFOLIO AMOUNTS 1 Operating $ 873,179,456 Trust 290,019,690 Commission-managed 224,440,237 STAMP for 91 CIP 59,513,534 STAMP for 2017 Financing 30,144,230 Total $ 1,477,297,147 Note: 1 Unreconciled and unaudited As of December 31, 2023, the Commission’s cash and investments are in compliance with both the Commission’s investment policy adopted on October 11, 2023, 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 11 Riverside County Transportation Commission Investment Portfolio Report Period Ended: December 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 10,877,390 City National Bank Available upon request A3/BBB+N/A N/A County Treasurer's Pooled Investment Fund 862,302,067 County Treasurer Available upon request Subtotal Operating Funds 873,179,456 FUNDS HELD IN TRUST County Treasurer's Pooled Investment Fund: Local Transportation Fund 290,019,690 County Treasurer Available upon request Subtotal Funds Held in Trust 290,019,690 COMMISSION MANAGED PORTFOLIO US Bank Payden & Rygel Operating 56,064,508 US Bank Available upon request First American Government Obligation Fund 168,375,729 US Bank Available upon request N/A N/A N/A Subtotal Commission Managed Portfolio 224,440,237 STAMP PORTFOLIO for 91 CIP 2013 Series A & Series B Reserve Fund 12,967,424 US Bank Available upon request 2021 Series B Reserve Fund 38,724,218 US Bank Available upon request 2021 Series C Reserve Fund 7,821,892 US Bank Available upon request Subtotal STAMP Portfolio - 91 CIP 59,513,534 STAMP PORTFOLIO for 2017 Financing Sales Tax I15 ELP Project Revenue Fund 14,228,293 US Bank Available upon request Ramp Up Fund 15,915,937 US Bank Available upon request Subtotal STAMP Portfolio - 2017 Financing 30,144,230 TOTAL All Cash and Investments 1,477,297,147$ 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 $1,000,000,000 STAMP Portfolio for 91 CIP Reserve - 0.88% STAMP Portfolio for 91 CIP Residual Fund - 2.62% STAMP Portfolio for 91 CIP TIFIA Reserve Fund - 0.53% STAMP Portfolio for 2017 Financing I15 ELP Project Revenue Fund - 0.96% STAMP Portfolio for 2017 Financing Ramp Up Fund - 1.08% Commission Managed Portfolio - 15.19% Trust Funds - 19.63% Operating Funds - 59.11% Nature of Investments Mutual Funds, 11.40% County Pool/Cash, 78.74% Fixed Income , 9.86% 12 AGENDA ITEM 6D Agenda Item 6D RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Jeff Dietzler, Capital Projects Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Agreement with Nossaman LLP for On-Call Strategic Partnership Advisor Services for the Interstate 15 Express Lanes Project Southern Extension WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 06-66-028-16, Amendment No. 13 to Agreement No. 06-66-028-00, with Nossaman LLP (Nossaman) for the on-call strategic partnership advisor services to support the Interstate 15 Express Lanes Project Southern Extension (I-15 ELPSE), extend the contract term to December 31, 2030, and augment the agreement in the amount of $3,030,508, plus a contingency amount of $350,000, for an additional amount of $3,380,508 for a total amount not to exceed $19,383,443; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the project. BACKGROUND INFORMATION: In February 2006, following a competitive procurement process, the Commission approved an agreement with Nossaman for the purpose of providing strategic partnership advisor services for innovative project financing and evaluation of potential toll road corridors in Riverside County, specifically the State Route 91 Corridor Improvement Project (91 Project) and the Interstate 15 Express Lanes Project (I-15 ELP). Nossaman has been integral in supporting the Commission’s Toll Program since 2006 including assisting with a myriad of agency agreements and funding applications. Nossaman has also been essential in assisting the Project and Construction Management team in the development and execution of the various design-build procurement documents such as the request for qualifications, risk allocation workshops, design-build contract, contract industry review process, 13 Agenda Item 6D and proposal evaluations, selection, and negotiations for the 91 Project, the I-15 ELP, and the Interstate 15/State Route 91 Express Lanes Connector Project (15/91 ELC). DISCUSSION: On March 27, 2023 the I-15 Ad Hoc Committee approved the use of the Progressive Design-Build (PDB) project delivery method and the procurement of a Project and Construction Management team for the I-15 ELPSE. Staff have procured and the Commission will soon be awarding the project and construction management services contract in support of the I-15 ELPSE PDB delivery. Specialized legal services are now needed to support staff and the Project and Construction Management team for the development of the PDB procurement documents. Nossaman has provided the legal support on all the Commission’s successful design-build procurements and contract implementation including the 91 Project, I-15 ELP, and the 15/91 ELC. The 91 Project was the first design-build contract in the state utilizing authority granted by AB 2098. The I-15 ELP and 15/91 ELC were implemented under its successor bill, AB 401. The complex requirements of both the Commission and Caltrans included in those bills necessitated strict compliance with legislative intent. Nossaman developed the contract requirements that led to successful implementation of AB 2098 and AB 401 for the aforementioned Commission projects. The I-15 ELPSE will require developing a new PDB contract with Caltrans but is expected to leverage our prior Nossaman design-build contract framework. Furthermore, Nossaman has expertise with developing PDB contracts in California. This is familiar territory with the same Nossaman team that will be supporting the I-15 ELPSE PDB contract development. Staff recommends moving forward with the legal support services utilizing the Commission’s on-call strategic partnership advisor services contract with Nossaman as it is in the public’s best interest to utilize the legal framework and expertise that is at the foundation of three successful design- build procurements and contracts implemented by the Commission. Amendment No. 13 to Agreement No. 06-66-028-00 includes the scope, cost, and assumed duration to complete the procurement and contract administration services by Nossaman for the I-15 Express Lanes Project Southern Extension. Staff developed and negotiated with Nossaman the following scope of services, as further described in Exhibit A to the attachment, related to the procurement and contract administration of the I-15 Express Lanes Project Southern Extension: PROCUREMENT PHASE • Assist with agreements and negotiations with Caltrans, Federal Highway Administration, and other agency stakeholders; • Lead in drafting procurement documents; • Lead in responding to proposer questions; • Lead the selection, negotiations, and award process; and • Lead with analysis, response and defense to any bid, proposal, or award protests. 14 Agenda Item 6D CONTRACT ADMINISTRATION PHASE • Develop and administer contract administration training workshops for the Commission and technical advisory staff; • Assist with contract interpretation, analysis, and administration during the design and construction phase; and • Assist with change order and claims management. The amendment also extends the agreement term to December 31, 2030, or the anticipated completion of construction of the I-15 ELPSE. This approach is consistent with previous Commission toll projects and provides continuity of legal counsel through the procurement and contract administration phase. The schedule milestones for the next phases of the I-15 ELPSE are as follows:  Award Progressive Design-Build Contract Summer 2025  Start of Construction 2026  I-15 ELPSE open to traffic 2030 FISCAL IMPACT: Pursuant to the scope and fee proposed by Nossaman to support the I-15 ELPSE PDB project (included in the attachment as Exhibits “A” Scope of Services and Exhibit “B” Compensation Summary), this amendment is valued at $4,650,000 with a proposed $350,000 in requested contingency. Currently, the Nossaman Agreement No. 06-66-028-00 contains $1,076,492 of remaining unused contract authority in their contract plus an additional $540,000 of unused Commission approved contingency for a total of $1,619,492 of Commission authorized budget available. This staff report proposes to add $3,030,508 of budgetary authority and $350,000 of contingency. Staff recommends the Commission approve Agreement No. 06-66-028-16, Amendment No. 13 to Agreement No. 06-66-028-00, with Nossaman for the on-call strategic partnership advisor services, extend the contract term to December 31, 2030, and augment the agreement in the amount of $3,030,508, plus a contingency amount of $350,000, for an additional amount of $3,380,508 for a total amount not to exceed $19,383,443; Further, staff recommends the Commission authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission and authorize the Executive Director or designee to approve the use of the contingency amount as may be required for the project. 15 Agenda Item 6D Financial Information In Fiscal Year Budget: Yes Year: FY 2023/24 FY 2024/25+ Amount: $400,000 $2,980,508 Source of Funds: Measure A Budget Adjustment: No GLA No.: 003044 65102 00000 0000 262 31 65102 Fiscal Procedures Approved: Date: 01/11/2024 Attachment: Agreement No. 06-66-028-16 with Nossaman LLP Approved by the Western Riverside County Programs and Projects Committee on January 22, 2024 In Favor: 10 Abstain: 0 No: 0 16 l 7336.02101\32219755.4 Agreement No. 06-66-028-16 AMENDMENT NO. 13 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH NOSSAMAN LLP 1. PARTIES AND DATE This Amendment No. 13 to the Agreement for Strategic Partnership Advisor Services is made and entered into as of this _____ day of______________, 2024, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and NOSSAMAN LLP ("Consultant"). 2. RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated April 10, 2006 for the purpose of providing Strategic Partnership Advisor Services (as amended, the "Master Agreement"). The not to exceed amount of the Master Agreement is set at One Hundred Fifty Thousand Dollars ($150,000). 2.2 The Commission and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated July 27, 2006, for the purpose of increasing the not to exceed amount of the Master Agreement by Seventy Five Thousand Dollars ($75,000). 2.3 The Commission and the Consultant have entered into an Amendment No. 2 to the Master Agreement, dated October 26, 2006, for the purpose of reducing the not to exceed amount of the Master Agreement by Fifty Thousand Dollars ($50,000). 2.4 The Commission and the Consultant have entered into an Amendment No. 3 to the Master Agreement, dated April 9, 2007, for the purpose of increasing the not to exceed amount of the Master Agreement by One Hundred Fifty Thousand Dollars ($150,000). 2.5 The Commission and the Consultant have entered into an Amendment No. 4 to the Master Agreement, dated February 8, 2008, for the purpose of incorporating additional services into the Scope of Services of the 17 17336.02101 \32219755.4 Master Agreement, modifying the Consultant's hourly billing rates, extending the term and increasing the total not to exceed amount of the Master Agreement by Two Hundred Fifty Thousand Dollars ($250,000). 2.6 The Commission and the Consultant have entered into an Amendment No. 5 to the Master Agreement, dated July 16, 2008, for the purpose of making consulting services available to the San Bernardino Associated Governments through the Master Agreement. 2.7 The Commission and the Consultant have entered into an Amendment No. 6 to the Master Agreement, dated January 27, 2010 and Amended and Restated Amendment No. 6 to the Master Agreement, dated March 10, 2010, for the purpose of increasing the total not to exceed amount of the Master Agreement by Eight Hundred Thousand Dollars ($800,000) and to modify the Consultant's hourly billing rates. 2.8 The Commission and the Consultant have entered into an Amendment No. 7 to the Master Agreement, dated December 21, 2010, for the purpose of increasing the total not to exceed amount of the Master Agreement by Two Million EightyThree Thousand ThirtyFive Dollars ($2,083,035). 2.9 The Commission and the Consultant have entered into an Amendment No. 8 to the Master Agreement, dated February 9, 2012, for the purpose of increasing the total not to exceed amount of the Master Agreement by One Million Eight Hundred SeventyEight Thousand Nine Hundred Dollars ($1,878,900), and extending the term (the "Third Extended Term") to end February 9, 2014, unless earlier terminated as provided in the Master Agreement. 2.10 By letter dated May 22, 2013 ("Contingency Release Letter''), the Commission authorized the release of Board allocated contingency funds in the sum of Three Hundred Seventy Six Thousand Dollars ($376,000) to cover Extra Work, as that term is defined in the Master Agreement. 2.11 The Commission and the Consultant have entered into an Amendment No. 9 to the Master Agreement, dated August 26, 2013, to identify the Contingency Release letter within the formal amendments to the Master Agreement, increasing the total not to exceed amount of the Master Agreement by Two Million Four Hundred Thousand Dollars ($2,400,000), and extending the term (the "Fourth Extended Term") to end March 9, 2018, unless earlier terminated as provided in the Master Agreement. 2.12 The Commission and the Consultant have entered into an Amendment No. 10 to the Master Agreement, dated July 19, 2016, to amend the 18 17336.02101 \32219755.4 Master Agreement, increasing the total not to exceed amount of the Master Agreement by Five Million Seven Hundred Thousand Dollars ($5,700,000), and extending the term (the "Fifth Extended Term") to end December 31, 2020, unless earlier terminated as provided in the Master Agreement to provide procurement and contract administration services for the 115 Express Lanes Project. 2.13 The Commission and the Consultant have entered into an Amendment No. 11 to the Master Agreement, dated September 30, 2019, to extend the term (the “Sixth Extended Term”) to end December 31, 2023, include additional services, and provide additional compensation for the support of the 15/91 Express Lanes Connector Project (“15/91 ELC”). 2.14 The Commission and the Consultant have entered into an Amendment No. 12 to the Master Agreement, dated November 15, 2023, to extend the term (the “Seventh Extended Term”) to end December 31, 2024 unless earlier terminated as provided in the Master Agreement for the support of the 15/91 Express Lanes Connector Project (“15/91 ELC”). 2.15 The parties now desire to amend the Master Agreement in order to extend the term, include additional services, and provide additional compensation for the support of the Interstate 15 Express Lanes Project Southern Extension (“I15 ELPSE”). 3. TERMS 3.1 The term of the Master Agreement shall be extended for an additional term (the "Eighth Extended Term") beginning on December 31, 2024 and ending on December 31, 2030, unless earlier terminated as provided in the Master Agreement. 3.2 The Services, as defined in the Master Agreement, shall be amended to include the services and work required for the I15 ELPSE, as set forth in Exhibit “A” attached to this Amendment No. 12 and incorporated herein by reference. 3.3 The maximum compensation for Services performed pursuant to this Amendment No. 13 shall be $4,650,000 as further set forth in the attached Exhibit “B”. Work shall be performed at the rates set forth in the Master Agreement, as previously amended. 3.4 The total nottoexceed amount of the Master Agreement, as previously amended, and as amended by this Amendment No. 13, shall be increased from fifteen million, three hundred twelve thousand, nine hundred thirty five dollars ($15,312,935) to eighteen million, eight hundred eighty three thousand, four hundred and forty three dollars ($18,883,443). 19 17336.02101 \32219755.4 3.5 The recitals set forth above are true and correct and are incorporated into this Amendment No. 13 by reference as though fully set forth herein. 3.6 This Amendment No. 13 shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.7 This Amendment No. 13 may be signed in counterparts, each of which shall constitute an original. 3.8 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendment Nos. 1 through No. 12, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [SIGNATURES ON FOLLOWING PAGE] 20 17336.02101132219755.4 SIGNATURE PAGE TO AMENDMENT NO. 13 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH NOSSAMAN LLP IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first herein above written. RIVERSIDE COUNTY NOSSAMAN LLP TRANSPORTATION COMMISSION By: _____________________________ By: _________________________ Anne Mayer, Executive Director Signature __________________________ Name __________________________ Title APPROVED AS TO FORM: ATTEST: By: _____________________________ By: ________________________ Best Best & Krieger LLP Counsel to the Riverside County Its: ________________________ Transportation Commission * A corporation requires the signatures of two corporate officers. One signature shall be that of the chairman of board, the president or any vice president and the second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation. If the above persons are not the intended signators, evidence of signature authority shall be provided to the Commission. 21 62405876.v1 EXHIBIT “A” NOSSAMAN SCOPE OF SERVICES I-15 ELPSE In support for the progressive design-build procurement (“PDB”) of the I-15 Express Lanes Project Southern Extension (“Project”), NOSSAMAN LLP (“Nossaman”) will provide the following services: PRE-PROCUREMENT PHASE – PHASE 1 · Assess legal authority and constraints/requirements for PDB procurement of Project; · Provide input on procurement strategy for Project; · Provide input to RCTC and PCM on Project procurement schedule and workplan; · Undertake lessons learned workshop re: I-15 ELC; · Undertake risk allocation workshop related to PDB Contract risk allocation; · Assist with preparation of release of request for expressions of interest and review of submittals received in connection with RFEI; · Assistance with any SEP-14 with FHWA regarding the Project; · Coordinate with and among co-consultants, including PCM; and · Other Project-related tasks requested and directed by the RCTC to implement the procurement and Project RFQ PHASE – PHASE 2 · Draft and revise RFQ any RFQ addenda; · Provide input, draft procurement-related answers and manage Q&A process for RFQ · Participate in document drafting meetings; · Participate in weekly team calls as requested and directed by RCTC; · Draft and revise evaluation manual for Statements of Qualification (“SOQ”) evaluation; · Assist with the administration of the SOQ evaluation, including support of pass/fail and responsiveness evaluation, subcommittee and evaluation and selection recommendation committee (“ESRC”) meetings and evaluation, and documentation of evaluation process; · Support debriefs of non-Short-Listed Proposers; · Coordinate with and among co-consultants, including PCM; and · Other Project-related tasks requested and directed by RCTC to implement the procurement and Project. DOCUMENT PREP AND INDUSTRY REVIEW PHASE – PHASE 3 · Draft and revise industry review protocol agreement; · Draft and revise Instructions to Proposers (“ITP”) for final issuance; · Review and comment on technical provisions (“TPs”) drafted by RCTC and/or PCM; · Draft and comment on Q&A regarding industry review documents; · Draft and revise PDB Contract for final issuance; · Participate in document drafting meetings; 22 62405876.v1 · Participate in one set of one on one meetings; · Coordinate with and among co-consultants, including PCM; · Participate in weekly team calls as requested and directed by RCTC; and · Other Project-related tasks requested and directed by RCTC to implement the procurement and Project. RFP PHASE (INCLUDING EVALUATION/AWARD) – PHASE 4 · Review and revise drafts of ITP; · Review and revise drafts of the PDB Contract; · Review and comment on TPs drafted by RCTC and/or PCM; · Revise drafts of ITP and PDB Contract for issuance and assist with any addenda relating to ITP and PDB Contract; · Draft and comment on Q&A regarding RFP Documents; · Participate in document drafting meetings; · Participate in two set of one on one meetings; · Draft and revise evaluation manual for Proposal evaluation; · Assist with the administration of the Proposal evaluation, including support of pass/fail and responsiveness evaluation, subcommittee and evaluation committee(s) meetings and evaluation, and documentation of evaluation process; · Support debriefs of unsuccessful Proposers; · Coordinate with and among co-consultants, including PCM; and · Other Project-related tasks requested and directed by RCTC to implement the procurement and Project. PHASE 5 – NEGOTIATIONS AND AWARD OF PHASE 1 (PRE-CONSTRUCTION SERVICES) · Assist with negotiations with preferred Proposer and legal aspects of award process; · Revise and finalize PDB Contract; · Assist with conformance of TPs; · Track and review preferred proposer post-selection deliverables, including corporate documents, authorization documents, required legal opinions, bonds and insurance; · Assist with commercial close (execution) of the PDB Contract, including review of documentation satisfying conditions to award; · Support of Commission approval process and staff reports; · Assist with NTP issuance process, including review of documentation satisfying conditions to issuance of NTP; · Coordinate with and among co-consultants, including PCM; and · Other Project-related tasks requested and directed by RCTC to implement the procurement and Project. PHASE 6 – GENERAL CONTRACT ADMINISTRATION – PHASE 1 (PRE-CONSTRUCTION SERVICES) · Provide PDB Contract training presentation to RCTC/PCM staff focusing on Phase 1; · As requested, participate in regularly scheduled contract administration calls; · Assist with PDB Contract interpretation, analysis and administration issues; · Assist with change order, claims management strategy; 23 62405876.v1 · Review, analyze and respond to design-builder change order requests; · Review, analyze and research RCTC/PDB change order requests; · Assist in drafting of, review and negotiation of change orders; · Assist with prosecution/defense of any Contract disputes; · Coordinate with and among co-consultants, including PCM; and · Other Project-related tasks directed by RCTC and/or PCM to implement the Project. PHASE 7 – NEGOTIATION OF GMP/PHASE 2 (FINAL DESIGN AND CONSTRUCTION) AMENDMENTS (TO BE UNDERTAKEN 4 TIMES (4 PROJECT SEGMENTS)) · Assist with development of overall negotiating strategy for Phase 2 GMP Amendment; · Advise RCTC during the negotiations for the Phase 2 GMP Amendment; · Assist in the preparation of the Phase 2 GMP Amendment (including amendments to the PDB Contract) to address issues raised during negotiations; · Finalize the negotiated Phase 2 GMP Amendment; · Assist in the preparation of a Commission Report regarding the Phase 2 GMP Amendment. Assist RCTC and PCM with any materials for approval of contract award; · Coordinate with and among co-consultants, including PCM; and · Other Project-related tasks directed by RCTC and/or PCM to implement the Project. PHASE 8 – GENERAL CONTRACT ADMINISTRATION (PHASE 2 – FINAL DESIGN AND CONSTRUCTION) (TO BE UNDERTAKEN 4 TIMES (4 PROJECT SEGMENTS)) · Assist with review of documentation related to issuance of NTP for design and construction; · Provide PDB Contract training presentation to RCTC/PCM staff focusing on Phase 2; · As requested, participate in regularly scheduled contract administration calls; · Assist with PDB Contract interpretation, analysis and administration issues; · Assist with change order, claims management strategy; · Review, analyze and respond to design-builder change order requests; · Review, analyze and research RCTC/PDB change order requests; · Assist in drafting of, review and negotiation of change orders; · Assist with prosecution/defense of any Contract disputes; · Coordinate with and among co-consultants, including PCM; and · Other Project-related tasks directed by RCTC and/or PCM to implement the Project. BUDGET ESTIMATE Total budget: $4,800,000 - $5,000,000 (including expenses) Rough estimates allocation across fiscal years: · FY 23-24 (7/1/23-6/30/24) - $400k o Primarily covering pre-procurement work, including start of development of RFQ and any SEP-14 · FY 24-25 (7/1/24-6/30/25) - $1.5 mm o Primarily covering procurement work · FY 25-26 (7/1/25-6/30/26) - $800k 24 62405876.v1 o Covering remainder of procurement/award process, beginning of general contract administration (Phase 1), and beginning of Phase 2 amendment process for Segment 0; · FY 26-27 (7/1/26-6/30/27) - $750k o Covering ongoing general contract administration (Phase 1), Phase 2 amendment process for Segment 1 and ongoing contract administration (Phase 2 for Segment 0) · FY 27-28 (7/1/27-6/30/28) - $550k o Covering ongoing general contract administration (Phase 1), Phase 2 amendment process for Segment 2 and Segment 3 and ongoing contract administration (Phase 2 for Segments 0, 1 and 2) · FY 28-29 (7/1/28-6/30/29) - $500k o Covering ongoing general contract administration (Phase 1), Phase 2 amendment process for Segment 3 and ongoing contract administration (Phase 2 for Segments 1, 2 and 3) · FY 29-30 (7/1/29-6/30/30) - $150k o Covering ongoing general contract administration (Phase 2 for Segments 2 and 3) · Contingency: $150k-$350k PRELIMINARY ASSUMPTIONS ● Work will be undertaken commencing February 2024 through fiscal year 29-30 (ending June 30, 2030); ● RFEI to be prepared by PCM, with Nossaman review and comment; ● Procurement will be PDB, using primarily quals based selection criteria; ● Single procurement for one PDB Contractor; ● Procurement to last approximately one year and commence summer of 2024 through summer of 2025; ● Procurement will be a 2 phase – RFQ and RFP procurement (or if not permitted, an interim quals phase under an RFQ/RFP); ● Shortlist of no more than 3 teams; ● RFQ shall have 3 drafts before release and one addenda; ● Industry review RFP and Contract shall have 3 drafts before release; ● Industry review shall have one set of one-on-one meeting; ● Final RFP shall have 2 drafts before release and two addenda; ● Two sets of one on one meetings following final RFP release; ● Technical Provisions to be drafted by PCM, with Nossaman review and comment; ● 4 separate PDB segments of the Project, resulting in 4 separate Phase 2 negotiations and amendments; ● PDB Contract will include core terms and conditions and risk allocations applicable to Phase 2 (design/construction) of the Project segments; ● Phase 2 amendments will utilize a generally consistent form and set of provisions; ● PCM and the RCTC personnel properly performing their respective scopes of work ● Phases are not fully sequential and there will be overlap among work in Phases; ● Although part of scope, budget estimate excludes legal fees relating to the following items (budget amendment to subcontract would be required): ○ SOQ or Proposal protests or other procurement challenges; ○ A Proposal Revision/Best and Final Offer (BAFO); ○ Developing programmatic documents or streamlining documents; 25 62405876.v1 ○ Litigation assistance; ○ Dispute board/dispute resolution assistance; and ○ Assistance on major or numerous change orders and/or contract amendments ● Insurance issues will be addressed by the RCTC or a third party insurance advisor contracted to someone other than Nossaman; ● Fiscal year estimates are simply estimates to assist RCTC with general budgeting and are not binding or limits on the actual fees/expenses that may be incurred (the overall budget is the limit). Actual fees/expenses in a particular year will likely vary and funds not used in a particular fiscal year shall remain authorized and available for succeeding fiscal years; and ● Total budget estimate is an estimate and not a guaranty or a cap on fees and expenses; provided that Nossaman may not exceed the budget estimate/authorized budget without an amendment to the subcontract. 26 FIRM PROJECT TASKS/ROLE COST Nossaman ELPSE Legal / Procurement Services 4,650,000.00$ n/a n/a 4,650,000.00 - 4,650,000.00$ EXHIBIT "B" COMPENSATION SUMMARY1 Prime Consultant: Sub Consultants: SUBTOTAL NOSSAMAN COMPENSATION OTHER DIRECT COSTS 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. 27 AGENDA ITEM 6E Agenda Item 6E RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 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: Interstate 15/State Route 91 Express Lanes Connector Project Design-Build Contract Final Acceptance WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Authorize Final Acceptance for the Interstate 15/State Route 91 Express Lanes Connector Project (15/91 ELC or Project) Design-Build Contract, Agreement No. 19-31-074-00, with Myers-Rados, a Joint Venture, subject to the Executive Director’s verification that all contract requirements for Final Acceptance have been met. BACKGROUND INFORMATION: The 15/91 ELC was originally part of the SR-91 Corridor Improvement Project (CIP), which opened in March 2017 in the city of Corona. The 15/91 ELC provides tolled express lane connectors between the existing 91 Express Lanes and I-15 Express Lanes to the north of SR-91 (Figure 1 Vicinity Map). 28 Agenda Item 6E The 15/91 ELC Project adds the following: 1. A single-lane tolled express lane connector from the eastbound 91 Express Lanes to the northbound 15 Express lanes; 2. A single-lane tolled express lane connector from the southbound 15 Express Lanes to the westbound 91 Express Lanes; and 3. A second toll express lane addition on eastbound SR-91 approximately half a mile from the exit to the express lanes connectors (just east of the main street undercrossing) to the beginning of the SR-91 HOV lane just east of the promenade avenue. On March 11, 2020, the Commission awarded Agreement No. 19-31-074-00 to Myers-Rados, a Joint Venture, for the design and construction of the 15/91 ELC. This Design-Build Contract has three distinct completion milestones with the following status:  Substantial Completion – 15/91 Express Lanes Connectors opened to traffic on November 21, 2023 and substantial completion was formally issued on November 28, 2023.  Project Completion – pending the completion of all field work and other contractual requirements.  Final Acceptance – requires the Commission’s authorization and verification that the following has occurred: 1. All requirements for the Project Completion milestone shall have been fully satisfied; 29 Agenda Item 6E 2. The Commission shall have received all design documents, original working drawings, shop drawings, final as-built documents, right of way record maps, surveys, test data and other deliverables required under the Contract Documents; 3. The Design-Builder shall have submitted and received Commission approval for all contract-required Design-Build Final Acceptance Submittals; 4. All special tools, equipment, furnishings, and supplies purchased and/or used by the Design-Builder as provided in the Contract Documents shall have been delivered to the Commission and all replacement spare parts shall have been purchased and delivered to the Commission free and clear of liens; and 5. The items on the Final Acceptance punch list shall have been completed to the satisfaction of the Commission and Caltrans, and all the Design-Builder’s other obligations under the Contract Documents shall have been satisfied in full or waived in writing by Commission. Additionally, Caltrans shall accept the work and issue relief of maintenance within its jurisdictional boundaries of the Project. Caltrans shall also perform a final review and accept the Project including all permitting and environmental commitments and other requirements. All the above contract Final Acceptance requirements shall be met prior to the approval of Final Acceptance. Staff recommends authorization of Final Acceptance of the Design-Build Contract subject to the Executive Director’s verification that all contract requirements for Final Acceptance have been met. The project also requires a three-year plant establishment period that shall commence upon the Commission’s issuance of a certification of initial acceptance for all replacement plantings and irrigation installation work. FISCAL IMPACT: There is no fiscal impact for authorization of Final Acceptance of the Design-Build Contract. Approved by the Western Riverside County Programs and Projects Committee on January 22, 2024 In Favor: 10 Abstain: 0 No: 0 30 AGENDA ITEM 6F Agenda Item 6F RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: Toll Policy and Operations Committee Anthony Parada, 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 July to September 2023. BACKGROUND INFORMATION: The monthly 15 Express Lanes reports for the three months from July to September 2023 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 Monthly Status Report for July 2023 2) 15 Express Lanes Monthly Status Report for August 2023 3) 15 Express Lanes Monthly Status Report for September 2023 31 Status Report July 31, 2023 ATTACHMENT 1 32 2 Table of Contents Traffic and Revenue ............................................................................................................................ 3 Traffic and Revenue Summary ........................................................................................................ 4 Peak-Hour Volumes ........................................................................................................................ 5 Customer Service ................................................................................................................................ 6 Performance Measures ................................................................................................................... 6 Customer Contact Activity .............................................................................................................. 6 Operational Highlights ........................................................................................................................ 7 On-Road Operations ....................................................................................................................... 7 Operational Activity ........................................................................................................................ 7 Financial Highlights ............................................................................................................................. 8 33 3 TRAFFIC AND REVENUE Total toll transactions on the 15 Express Lanes for July 2023 was 2,244,438. This represents a daily average of 72,401 transactions. Potential toll revenue for July was $2,790,200. Carpool percentage for July was 11.5%. 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 July 2023. Current Month-to-Date as of July 31, 2023 SOV: Single Occupancy Vehicle HOV3+: High Occupancy Vehicle Transactions JUL-23 MTD Stantec MTD Projected # Variance % Variance JUL-22 MTD Yr-to-Yr % Variance SOV 1,987,014 1,699,031 16.9% HOV3+257,424 219,402 17.3% Total Gross Transactions 2,244,438 2,525,071 (280,633) (11.1%)1,918,433 17.0% Revenue SOV $2,790,200 $2,058,653 35.5% HOV3+$0 $0 Total Gross Revenue $2,790,200 $2,610,157 $180,043 6.9% $2,058,653 35.5% Average Revenue per Transaction Average SOV $1.40 $1.21 15.7% Average HOV3+$0.00 $0.00 Average Gross Revenue $1.24 $1.03 $0.21 20.4% $1.07 15.9% Direction SOV HOV3+ Transactions % Total Transactions Expected Revenue % Expected Revenue Northbound 992,062 118,118 1,110,180 49.5% $716,884 25.7% Southbound 994,952 139,306 1,134,258 50.5% $2,073,316 74.3% Totals 1,987,014 257,424 2,244,438 100.0% $2,790,200 100.0% 34 4 TRAFFIC AND REVENUE SUMMARY The chart below reflects the total transactions breakdown between SOV and HOV3+ for FY 2023-24 on a monthly basis. The chart below reflects the gross potential revenue for FY 2023-24 on a monthly basis. 35 5 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+10.2%12.5% Highest Toll $2.70 $14.00 Highest Traffic Hour 6AM, 15N Cajalco/Magnolia 1,114 Transactions 4PM, 15S Magnolia/Cajalco 1,355 Transactions 36 6 CUSTOMER SERVICE PERFORMANCE MEASURES At the end of July 2023, Riverside Express had 15,202 customer accounts and 40,875 transponders classified as assigned. CUSTOMER CONTACT ACTIVITY During July, RiversideExpress.com was visited by 28,311 users and the Customer Service Center processed 1,626 pieces of correspondence. REPORTING REQUIREMENT PERFORMANCE STANDARD JULY 2023 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 7 seconds highest avg wait time Abandon Rate Less than 2%0.3% abandon rate Customer Satisfaction 90% minimum satisfaction rate 98.1% 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 37 7 OPERATIONAL HIGHLIGHTS ON-ROAD OPERATIONS Freeway Service Patrol responded to 134 calls during the month of July. Of those calls, 94 were to assist disabled vehicles, 26 call to remove debris, and 14 was in response to an accident 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 July mostly consisted of violations inquiries. Eighty-nine customers visited the WIC during the month of July, 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. 38 8 FINANCIAL HIGHLIGHTS RCTC 15 Express Lanes Operating Statement 7/31/2023 Description Budget Dollar $ Percent (%) Operating revenues: Toll Revenue 2,809,389.60$ 2,255,166.67$ 554,222.93$ 24.6 Fee Revenue 742,291.44 487,208.33 255,083.11 52.4 Total operating revenues 3,551,681.04 2,742,375.00 809,306.04 29.5 Operating expenses: Salaries and Benefits 31,552.21 73,566.67 42,014.46 57.1 Legal Services - 18,500.00 18,500.00 100.0 Advisory Services 2,136.87 5,083.33 2,946.46 58.0 Audit and Accounting Fees - 2,500.00 2,500.00 100.0 Service Fees (1,611.09) 1 1,833.33 3,444.42 187.9 Other Professional Services 44,513.54 78,416.67 33,903.13 43.2 Lease Expense 937.15 16.67 (920.48) (5,522.9) Operations (31,328.13) 1 263,666.67 294,994.80 111.9 Utilities 5,304.06 11,258.33 5,954.27 52.9 Supplies and Materials - 375.00 375.00 100.0 Membership and Subscription Fees - 2,750.00 2,750.00 100.0 Office Equipment & Furniture (Non-Capital)- 1,250.00 1,250.00 100.0 Maintenance/Repairs (8,623.16) 1 42,600.00 51,223.16 120.2 Training Seminars and Conferences - 666.67 666.67 100.0 Transportation Expenses - 241.67 241.67 100.0 Lodging - 208.33 208.33 100.0 Meals 76.23 41.67 (34.56) (83.0) Other Staff Expenses - 41.67 41.67 100.0 Advertising - 8,333.33 8,333.33 100.0 Program Management 350.84 6,408.33 6,057.49 94.5 Program Operations (1,475,083.55) 1 734,391.67 2,209,475.22 300.9 Litigation Settlement - - - N/A Furniture & Equipment - - - N/A Improvements - 2,500.00 2,500.00 100.0 Bad Debt Expense 10.30 125.00 114.70 91.8 Total operating expenses (1,431,764.73) 1,254,775.00 2,686,539.73 214.1 Operating income (loss)4,983,445.77 1,487,600.00 3,495,845.77 235.0 Nonoperating revenues (expenses): Interest Revenue - 84,666.67 (84,666.67) 100.0 Other Miscellaneous Revenue - 8,333.33 (8,333.33) 100.0 Interest Expense - - - N/A Total nonoperating revenues (expenses)- 93,000.00 (93,000.00) 100.0 Transfers In - 25,833.33 (25,833.33) 100.0 Transfers Out - (24,700.00) 24,700.00 (100.0) Net income (loss) 4,983,445.77$ 1,581,733.33$ 3,401,712.44$ 215.1 1 Unaudited YTD as of : YTD Variance Actual1 39 Status Report August 31, 2023 ATTACHMENT 2 40 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 41 3 TRAFFIC AND REVENUE Total toll transactions on the 15 Express Lanes for August 2023 was 2,388,926. This represents a daily average of 77,062 transactions. Potential toll revenue for August was $2,887,789. Carpool percentage for August was 11.0%. Month-to-date traffic (MTD) 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 August 2023. Current Month-to-Date as of August 31, 2023 SOV: Single Occupancy Vehicle HOV3+: High Occupancy Vehicle Transactions AUG-23 MTD Stantec MTD Projected # Variance % Variance AUG-22 MTD Yr-to-Yr % Variance SOV 2,125,162 1,893,520 12.2% HOV3+263,764 225,049 17.2% Total Gross Transactions 2,388,926 2,594,429 (205,503) (7.9%)2,118,569 12.8% Revenue SOV $2,887,789 $2,340,232 23.4% HOV3+$0 $0 Total Gross Revenue $2,887,789 $2,669,615 $218,174 8.2% $2,340,232 23.4% Average Revenue per Transaction Average SOV $1.36 $1.24 9.7% Average HOV3+$0.00 $0.00 Average Gross Revenue $1.21 $1.03 $0.18 17.5% $1.10 10.0% Direction SOV HOV3+Transactions % Total Transactions Expected Revenue % Expected Revenue Northbound 1,078,990 122,911 1,201,901 50.3% $832,401 28.8% Southbound 1,046,172 140,853 1,187,025 49.7% $2,055,388 71.2% Totals 2,125,162 263,764 2,388,926 100.0% $2,887,789 100.0% 42 4 Fiscal year-to-date (YTD) 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 2023 through August 2023. Year-to-date average revenue per-transaction is $1.23. FY 2023-24 Year-to-Date as of August 31, 2023 Transactions FY 2023-24 YTD Actual Stantec YTD Projected # Variance % Variance FY 2022-23 YTD Actual Yr-toYr % Variance SOV 4,112,176 3,592,551 14.5% HOV3+521,188 444,451 17.3% Total Gross Transactions 4,633,364 5,119,500 (486,136) (9.5%)4,037,002 14.8% Revenue SOV $5,677,989 $4,398,885 29.1% HOV3+$0 $0 Total Gross Revenue $5,677,989 $5,279,772 $398,217 7.5% $4,398,885 29.1% Average Revenue per Transaction Average SOV $1.38 $1.22 13.1% Average HOV3+$0.00 $0.00 Average Gross Revenue $1.23 $1.03 $0.20 19.4% $1.09 12.8% 43 5 TRAFFIC AND REVENUE SUMMARY The chart below reflects the total transactions breakdown between SOV and HOV3+ for FY 2023-24 on a monthly basis. The chart below reflects the gross potential revenue for FY 2023-24 on a monthly basis. 44 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. Morning Peak Northbound 4:00 - 10:00 AM Afternoon Peak Southbound 2:00 - 8:00 PM HOV3+9.8%11.6% Highest Toll $3.00 $14.00 Highest Traffic Hour 6AM, 15N Cajalco/Magnolia 1,024 Transactions 2PM, 15S Magnolia/Cajalco 1,619 Transactions 45 7 CUSTOMER SERVICE PER FORMANCE MEASURES At the end of August 2023, Riverside Express had 15,486 customer accounts and 42,242 transponders classified as assigned. CUSTOMER CONTACT ACTIVITY During August, RiversideExpress.com was visited by 29,292 users and the Customer Service Center processed 1,677 pieces of correspondence. REPORTING REQUIREMENT PERFORMANCE STANDARD AUGUST 2023 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 10 seconds highest avg wait time Abandon Rate Less than 2%0.4% abandon rate Customer Satisfaction 90% minimum satisfaction rate 97.8% 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 46 8 OPERATIONAL HIGHLIGHTS ON-R OAD OPERATIONS Freeway Service Patrol responded to 77 calls during the month of August. Of those calls, 41 were to assist disabled vehicles, 22 call to remove debris, and 14 was in response to an accident 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 August mostly consisted of violations inquiries. Seventy-nine customers visited the WIC during the month of August, 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. 47 9 FINANCIAL HIGHLIGHTS RCTC 15 Express Lanes Operating Statement 8/31/2023 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 5,561,597.18$ 4,510,333.33$ 1,051,263.85$ 23.3 Fee Revenue 1,502,611.20 974,416.67 528,194.53 54.2 Total operating revenues 7,064,208.38 5,484,750.00 1,579,458.38 28.8 Operating expenses: Salaries and Benefits 65,443.42 147,133.33 81,689.91 55.5 Legal Services 829.50 37,000.00 36,170.50 97.8 Advisory Services 2,136.87 10,166.67 8,029.80 79.0 Audit and Accounting Fees - 5,000.00 5,000.00 100.0 Service Fees 1,664.67 3,666.67 2,002.00 54.6 Other Professional Services 62,082.35 156,833.33 94,750.98 60.4 Lease Expense 937.15 33.33 (903.82) (2,711.5) Operations 78,073.23 527,333.33 449,260.10 85.2 Utilities 18,341.03 22,516.67 4,175.64 18.5 Supplies and Materials - 750.00 750.00 100.0 Membership and Subscription Fees - 5,500.00 5,500.00 100.0 Office Equipment & Furniture (Non-Capital)- 2,500.00 2,500.00 100.0 Maintenance/Repairs 50,863.40 85,200.00 34,336.60 40.3 Training Seminars and Conferences - 1,333.33 1,333.33 100.0 Transportation Expenses 316.49 483.33 166.84 34.5 Lodging 179.51 416.67 237.16 56.9 Meals 151.23 83.33 (67.90) (81.5) Other Staff Expenses 43.95 83.33 39.38 47.3 Advertising - 16,666.67 16,666.67 100.0 Program Management 3,845.93 12,816.67 8,970.74 70.0 Program Operations 534,338.64 1,468,783.33 934,444.69 63.6 Litigation Settlement - - - N/A Furniture & Equipment - - - N/A Improvements - 5,000.00 5,000.00 100.0 Bad Debt Expense 11.19 250.00 238.81 95.5 Total operating expenses 819,258.56 2,509,550.00 1,690,291.44 67.4 Operating income (loss)6,244,949.82 2,975,200.00 3,269,749.82 109.9 Nonoperating revenues (expenses): Interest Revenue 278,968.55 169,333.33 109,635.22 (64.7) Other Miscellaneous Revenue - 16,666.67 (16,666.67) 100.0 Interest Expense 424,134.00 - 424,134.00 N/A Total nonoperating revenues (expenses)703,102.55 186,000.00 517,102.55 (278.0) Transfers In - 51,666.67 (51,666.67) 100.0 Transfers Out - (49,400.00) 49,400.00 (100.0) Net income (loss)6,948,052.37$ 3,163,466.67$ 3,784,585.70$ 119.6 1 Unaudited YTD as of : YTD Variance Actual1 48 Status Report September 30, 2023 ATTACHMENT 3 49 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 .............................................................................................................. 8 Operational Highlights ........................................................................................................................ 8 On-Road Operations ....................................................................................................................... 8 Operational Activity ........................................................................................................................ 8 Financial Highlights ............................................................................................................................. 9 50 3 TRAFFIC AND REVENUE Total toll transactions on the 15 Express Lanes for September 2023 was 2,215,963. This represents a daily average of 73,865 transactions. Potential toll revenue for September was $2,806,091. Carpool percentage for September was 11.6%. Month-to-date (MTD) 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 September 2023. Current Month-to-Date as of September 30, 2023 SOV: Single Occupancy Vehicle HOV3+: High Occupancy Vehicle Transactions SEP-23 MTD Stantec MTD Projected # Variance % Variance SEP-22 MTD Yr-to-Yr % Variance SOV 1,959,370 1,849,564 5.9% HOV3+256,593 216,892 18.3% Total Gross Transactions 2,215,963 2,651,600 (435,637) (16.4%)2,066,456 7.2% Revenue SOV $2,806,091 $2,320,663 20.9% HOV3+$0 $0 Total Gross Revenue $2,806,091 $2,654,014 $152,077 5.7% $2,320,663 20.9% Average Revenue per Transaction Average SOV $1.43 $1.25 14.4% Average HOV3+$0.00 $0.00 Average Gross Revenue $1.27 $1.00 $0.27 27.0% $1.12 13.4% Direction SOV HOV3+Transactions % Total Transactions Expected Revenue % Expected Revenue Northbound 964,833 119,727 1,084,560 48.9% $722,824 25.8% Southbound 994,537 136,866 1,131,403 51.1% $2,083,267 74.2% Totals 1,959,370 256,593 2,215,963 100.0% $2,806,091 100.0% 51 4 Fiscal year-to-date (YTD) 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 2023 through September 2023. Year-to-date average revenue per-transaction is $1.24. FY 2023-24 Year-to-Date as of September 30, 2023 Transactions FY 2023-24 YTD Actual Stantec YTD Projected # Variance % Variance FY 2022-23 YTD Actual Yr-toYr % Variance SOV 6,071,546 5,442,115 11.6% HOV3+777,781 661,343 17.6% Total Gross Transactions 6,849,327 7,771,100 (921,773) (11.9%)6,103,458 12.2% Revenue SOV $8,484,079 $6,719,548 26.3% HOV3+$0 $0 Total Gross Revenue $8,484,079 $7,933,786 $550,293 6.9% $6,719,548 26.3% Average Revenue per Transaction Average SOV $1.40 $1.23 13.8% Average HOV3+$0.00 $0.00 Average Gross Revenue $1.24 $1.02 $0.22 21.6% $1.10 12.7% 52 5 TRAFFIC AND REVENUE SUMMARY The chart below reflects the total transactions breakdown between SOV and HOV3+ for FY 2023-24 on a monthly basis. The chart below reflects the gross potential revenue for FY 2023-24 on a monthly basis. 53 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. Morning Peak Northbound 4:00 - 10:00 AM Afternoon Peak Southbound 2:00 - 8:00 PM HOV3+12.9%11.7% Hi ghest Toll $3.00 $14.00 Highest Traffic Hour 7AM, 15N Cajalco/Magnolia 1,206 Transactions 4PM, 15S Magnolia/Cajalco 1,392 Transactions 54 7 CUSTOMER SERVICE PER FORMANCE MEASURES At the end of September 2023, Riverside Express had 15,749 customer accounts and 43,312 transponders classified as assigned. REPORTING REQUIREMENT PERFORMANCE STANDARD SEPTEMBER 2023 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 10 seconds highest avg wait time Abandon Rate Less than 2%0.2% abandon rate Customer Satisfaction 90% minimum satisfaction rate 97.8% 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 55 8 CUSTOMER CONTACT ACTIVITY During September, RiversideExpress.com was visited by 24,669 users and the Customer Service Center processed 1,433 pieces of correspondence. OPERATIONAL HIGHLIGHTS ON-R OAD OPERATIONS Freeway Service Patrol responded to 32 calls during the month of September. Of those calls, 21 were to assist disabled vehicles, 9 call to remove debris, and 2 were in response to an accident 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 September mostly consisted of violations inquiries. Sixty-six customers visited the WIC during the month of September, 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. 56 9 FINANCIAL HIGHLIGHTS RCTC 15 Express Lanes Operating Statement 9/30/2023 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 8,315,406.16$ 6,765,500.00$ 1,549,906.16$ 22.9 Fee Revenue 2,199,332.64 1,461,625.00 737,707.64 50.5 Total operating revenues 10,514,738.80 8,227,125.00 2,287,613.80 27.8 Operating expenses: Salaries and Benefits 107,666.47 220,700.00 113,033.53 51.2 Legal Services 3,676.25 55,500.00 51,823.75 93.4 Advisory Services 3,692.37 15,250.00 11,557.63 75.8 Audit and Accounting Fees 7,000.00 7,500.00 500.00 6.7 Service Fees 3,378.13 5,500.00 2,121.87 38.6 Other Professional Services 81,523.57 235,250.00 153,726.43 65.3 Lease Expense 937.15 4,300.00 3,362.85 78.2 Operations 894,187.36 789,750.00 (104,437.36) (13.2) Utilities 45,819.11 33,775.00 (12,044.11) (35.7) Supplies and Materials - 1,125.00 1,125.00 100.0 Membership and Subscription Fees - 4,000.00 4,000.00 100.0 Office Equipment & Furniture (Non-Capital)- 3,750.00 3,750.00 100.0 Maintenance/Repairs 75,699.18 127,800.00 52,100.82 40.8 Training Seminars and Conferences - 2,000.00 2,000.00 100.0 Transportation Expenses 316.49 725.00 408.51 56.3 Lodging 179.51 625.00 445.49 71.3 Meals 151.23 125.00 (26.23) (21.0) Other Staff Expenses 43.95 125.00 81.05 64.8 Advertising - 25,000.00 25,000.00 100.0 Program Management 8,869.54 19,225.00 10,355.46 53.9 Program Operations 1,065,567.80 2,203,175.00 1,137,607.20 51.6 Litigation Settlement - 1,250.00 1,250.00 100.0 Furniture & Equipment - - - N/A Improvements - 7,500.00 7,500.00 100.0 Bad Debt Expense 54.04 375.00 320.96 85.6 Total operating expenses 2,298,762.15 3,764,325.00 1,465,562.85 38.9 Operating income (loss)8,215,976.65 4,462,800.00 3,753,176.65 84.1 Nonoperating revenues (expenses): Interest Revenue 893,272.87 254,000.00 639,272.87 (251.7) Other Miscellaneous Revenue 25,245.36 25,000.00 245.36 (1.0) Interest Expense (771,528.00) - (771,528.00) N/A Total nonoperating revenues (expenses)146,990.23 279,000.00 (132,009.77) 47.3 Transfers In 203.86 77,500.00 (77,296.14) 99.7 Transfers Out (114,600.00) (74,100.00) (40,500.00) 54.7 Net income (loss)8,248,570.74$ 4,745,200.00$ 3,503,370.74$ 73.8 1 Unaudited YTD as of : YTD Variance Actual1 57 AGENDA ITEM 6G Agenda Item 6G RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: Toll Policy and Operations Committee Anthony Parada, 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 July to September 2023. BACKGROUND INFORMATION: The monthly 91 Express Lanes reports for the three months from July to September 2023 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 Monthly Status Report for July 2023 2) 91 Express Lanes Monthly Status Report for August 2023 3) 91 Express Lanes Monthly Status Report for September 2023 58 Orange County Transportation Authority Riverside County Transportation Commission Status Report July 2023 As of July 31, 2023 ATTACHMENT 1 59 2 Table of Contents Operations Overview OCTA ................................................................................................. 3 Traffic and Revenue Statistics for OCTA ............................................................................... 3 OCTA Traffic and Revenue Summary ................................................................................ 4 OCTA Peak-Hour Volumes .................................................................................................... 5 OCTA Eastbound Peak-Hour Volumes .................................................................................. 5 OCTA Westbound Peak-Hour Volumes ................................................................................. 6 OCTA Operational Highlights ................................................................................................ 7 Financial Highlights OCTA ..................................................................................................... 8 Operations Overview RCTC .................................................................................................. 9 Traffic and Revenue Statistics for RCTC ............................................................................... 9 RCTC Traffic and Revenue Summary .............................................................................. 10 RCTC Peak-Hour Volumes .................................................................................................. 11 RCTC Eastbound Peak-Hour Volumes ................................................................................ 11 RCTC Westbound Peak-Hour Volumes ............................................................................... 13 RCTC Operational Highlights .............................................................................................. 15 Financial Highlights RCTC ................................................................................................... 16 Joint Agency Trip and Revenue Statistics ............................................................................ 17 Joint Agency Traffic Statistics .............................................................................................. 17 Joint Agency Performance Measures .................................................................................. 18 Joint Agency Transponder Distribution ................................................................................ 18 60 3 OPERATIONS OVERVIEW OCTA Total traffic volume on the 91 Express Lanes (91 EL) for July 2023 was 1,758,676. This represents a daily average of 56,731 vehicles. This is a 7.9 percent increase in total traffic volume from the same period last year, which totaled 1,630,617. Potential toll revenue for July was $5,375,470, which represents an increase of 8.1 percent from the prior year’s total of $4,971,775. Carpool percentage for July was 26.6 percent as compared to the previous year’s rate of 25.9 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 July 2023. Current MTD as of July 31, 2023 Trips JUL-23 MTD Actual JUL-22 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,290,389 1,207,548 6.9% 3+ Lanes 468,287 423,069 10.7% Total Gross Trips 1,758,676 1,630,617 7.9% Revenue Full Toll Lanes $5,312,457 $4,912,425 8.1% 3+ Lanes $63,014 $59,350 6.2% Total Gross Revenue $5,375,470 $4,971,775 8.1% Average Revenue per Trip Average Full Toll Lanes $4.12 $4.07 1.2% Average 3+ Lanes $0.13 $0.14 (7.1%) Average Gross Revenue $3.06 $3.05 0.3% TRAFFIC AND REVENUE STATISTICS FOR OCTA 61 4 OCTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between full toll trips and high-occupancy vehicle (HOV3+) trips for FY 2023-24 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll trips and HOV3+ trips for FY 2023-24 on a monthly basis. 62 5 OCTA PEAK-HOUR VOLUMES Peak-hour traffic in the eastbound and westbound directions reached or exceeded 90 percent of defined capacity five times during the month of July 2023. As demonstrated on the next chart, westbound peak-hour traffic volumes top out at 92 percent of defined capacity. OCTA EASTBOUND PEAK-HOUR VOLUMES 63 6 OCTA WESTBOUND PEAK-HOUR VOLUMES 64 7 On-Road Operations OCTA Freeway Service Patrol responded to 85 calls during the month of July. Of those calls, 30 were to assist disabled vehicles, 10 were to remove debris, 26 were to tow vehicles, and 19 were to aid motorists in the 91 EL. OCTA OPERATIONAL HIGHLIGHTS 65 8 FINANCIAL HIGHLIGHTS OCTA 66 9 OPERATIONS OVERVIEW RCTC Total traffic volume on the 91 EL for July 2023 was 1,518,311. This represents a daily average of 48,978 vehicles. This is a 10 percent increase in total traffic volume from the same period last year, which totaled 1,380,303. Potential toll revenue for July was $6,594,831, which represents an increase of 26 percent from the prior year’s total of $5,232,083. Carpool percentage for July was 26.1 percent as compared to the previous year’s rate of 24.9 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 July 2023. Current MTD as of July 31, 2023 Trips JUL-23 MTD Actual Stantec MTD Projected # Variance % Variance JUL-22 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,121,459 933,714 187,745 20.1% 1,036,429 8.2% 3+ Lanes 396,852 346,143 50,709 14.6%343,874 15.4% Total Gross Trips 1,518,311 1,279,857 238,454 18.6% 1,380,303 10.0% Revenue Full Toll Lanes $6,532,702 $4,653,714 $1,878,988 40.4% $5,184,469 26.0% 3+ Lanes $62,129 $0 $62,129 $47,614 30.5% Total Gross Revenue $6,594,831 $4,653,714 $1,941,117 41.7% $5,232,083 26.0% Average Revenue per Trip Average Full Toll Lanes $5.83 $4.98 $0.85 17.1%$5.00 16.6% Average 3+ Lanes $0.16 $0.00 $0.16 $0.14 14.3% Average Gross Revenue $4.34 $3.64 $0.70 19.2%$3.79 14.5% TRAFFIC AND REVENUE STATISTICS FOR RCTC 67 10 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between full toll lanes and HOV3+ lanes for FY 2023-24 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll lanes and HOV3+ lanes for FY 2023-24 on a monthly basis. 68 11 RCTC PEAK-HOUR VOLUMES In July, several toll rates were adjusted. RCTC evaluates traffic volumes for peak- period hours and adjusts rates according to the toll rate policy. RCTC EASTBOUND PEAK-HOUR VOLUMES 69 12 70 13 RCTC WESTBOUND PEAK-HOUR VOLUMES 71 14 72 15 On-Road Operations RCTC Freeway Service Patrol responded to 105 calls during the month of July. Of those calls, 83 were to assist disabled vehicles, 10 calls to remove debris, and 12 were in response to accidents that affected the 91 EL. RCTC OPERATIONAL HIGHLIGHTS 73 16 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement 7/31/2023 Description Budget Dollar $ Percent (%) Operating revenues: Toll Revenue 6,112,969.65$ 4,933,958.33$ 1,179,011.32$ 23.9 Fee Revenue 585,456.38 489,416.67 96,039.71 19.6 Total operating revenues 6,698,426.03 5,423,375.00 1,275,051.03 23.5 Operating expenses: Salaries and Benefits 68,009.31 75,083.33 7,074.02 9.4 Legal Services - 17,083.33 17,083.33 100.0 Advisory Services 237.21 6,166.67 5,929.46 96.2 Audit and Accounting Fees - 3,166.67 3,166.67 100.0 Service Fees (84.51) 2 1,083.33 1,167.84 107.8 Other Professional Services 35,164.68 104,375.00 69,210.32 66.3 Lease Expense 18,560.21 27,883.33 9,323.12 33.4 Operations (177,858.51) 2 439,075.00 616,933.51 140.5 Utilities 362.67 14,050.00 13,687.33 97.4 Supplies and Materials - 333.33 333.33 100.0 Membership and Subscription Fees - 3,583.33 3,583.33 100.0 Office Equipment & Furniture (Non-Capital)- 3,333.33 3,333.33 100.0 Maintenance/Repairs (11,190.00) 2 41,833.33 53,023.33 126.7 Training Seminars and Conferences - 666.67 666.67 100.0 Transportation Expenses - 241.67 241.67 100.0 Lodging - 250.00 250.00 100.0 Meals - 250.00 250.00 100.0 Other Staff Expenses - 41.67 41.67 100.0 Advertising - 16,666.67 16,666.67 100.0 Program Management 607.99 7,258.33 6,650.34 91.6 Program Operations (3,186,352.44) 2 870,150.00 4,056,502.44 466.2 Litigation Settlement - - - N/A Furniture & Equipment - 2,083.33 2,083.33 100.0 Improvements - 2,500.00 2,500.00 100.0 Bad Debt Expense (166,500.71) 2 5,833.33 172,334.04 2,954.3 Total operating expenses (3,419,044.10) 1,642,991.67 5,062,035.77 308.1 Operating income (loss)10,117,470.13 3,780,383.33 6,337,086.80 167.6 Nonoperating revenues (expenses): Interest Revenue - 106,708.33 (106,708.33) 100.0 Other Miscellaneous Revenue 5.98 - 5.98 N/A Loss on Refunding - - - N/A Principal Expense - - - N/A Interest Expense - (1,850,083.33) 1,850,083.33 (100.0) Total nonoperating revenues (expenses)5.98 (1,743,375.00) 1,743,380.98 100.0 Transfers In - - - N/A Transfers Out - (85,300.00) 85,300.00 (100.0) Net income (loss) 10,117,476.11$ 1,951,708.33$ 8,165,767.78$ 418.4 1 Unaudited 2 Negatives are the result of FY2022/23 accruals YTD as of : YTD Variance Actual1 74 17 JOINT AGENCY TRIP AND REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING July 31, 2023 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 890,919 644,677 72%$2,473,764 RCTC 818,507 644,677 79%$3,829,356 Eastbound OCTA 867,757 575,650 66%$2,901,706 RCTC 699,804 575,650 82%$2,765,475 75 18 JOINT AGENCY PERFORMANCE MEASURES REPORTING REQUIREMENT REPORTING PERIOD PERFORMANCE STANDARD JULY 2023 PERFORMANCE Customer Service Service Level /Speed of Answer Monthly 80% answered within 60 seconds 87% answered within 60 seconds Abandon Percentage Monthly 4 % < 1.0% Customer Satisfaction Score Monthly 4.5 => 4.82 First Contact Resolution Monthly 85% of calls resolved on the first contact 94% Timeliness of Case Resolution Monthly 90% of cases resolved in one (1) business day 99.3% Monthly 98% of cases resolved within five (5) business days 99.9% 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 processed within five (5) 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 completely and accurately issued within five (5) business days 100% JOINT AGENCY TRANSPONDER DISTRIBUTION 76 19 At the end of July 2023, the 91 EL had 170,676 active customer accounts and 670,080 transponders classified as assigned. Number of Accounts by FY As of July 31, 2023 77 Orange County Transportation Authority Riverside County Transportation Commission Status Report August 2023 As of August 31, 2023 ATTACHMENT 2 78 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 79 3 OPERATIONS OVERVIEW OCTA Total traffic volume on the 91 Express Lanes (91 EL) for August 2023 was 1,812,081. This represents a daily average of 58,454 vehicles. This is a 4 percent increase in total traffic volume from the same period last year, which totaled 1,741,852. Potential toll revenue for August was $5,827,534, which represents an increase of 5.9 percent from the prior year’s total of $5,501,970. Carpool percentage for August was 23.7 percent as compared to the previous year’s rate of 23 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 August 2023. Current MTD as of August 31, 2023 Trips AUG-23 MTD Actual AUG-22 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,382,993 1,340,961 3.1% 3+ Lanes 429,088 400,891 7.0% Total Gross Trips 1,812,081 1,741,852 4.0% Revenue Full Toll Lanes $5,761,196 $5,441,998 5.9% 3+ Lanes $66,338 $59,972 10.6% Total Gross Revenue $5,827,534 $5,501,970 5.9% Average Revenue per Trip Average Full Toll Lanes $4.17 $4.06 2.7% Average 3+ Lanes $0.15 $0.15 0.0% Average Gross Revenue $3.22 $3.16 1.9% TRAFFIC AND REVENUE STATISTICS FOR OCTA 80 4 The 2024 fiscal year-to-date (YTD) traffic volume increased by 5.9 percent, and potential toll revenue increased by seven percent when compared with the same period the prior year. YTD average revenue per trip is $3.14. 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 2023 through August 2023. Fiscal Year (FY) 2023-24 YTD as of August 31, 2023 Trips FY 2023-24 YTD Actual (7/2023-8/2023) FY 2022-23 YTD Actual (7/2022-8/2022) Yr-to-Yr % Variance Full Toll Lanes 2,673,382 2,548,509 4.9% 3+ Lanes 897,375 823,960 8.9% Total Gross Trips 3,570,757 3,372,469 5.9% Revenue Full Toll Lanes $11,073,653 $10,354,423 6.9% 3+ Lanes $129,352 $119,322 8.4% Total Gross Revenue $11,203,005 $10,473,745 7.0% Average Revenue per Trip Average Full Toll Lanes $4.14 $4.06 2.0% Average 3+ Lanes $0.14 $0.14 0.0% Average Gross Revenue $3.14 $3.11 1.0% 81 5 OCTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between full toll trips and high-occupancy vehicle (HOV3+) trips for FY 2023-24 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll trips and HOV3+ trips for FY 2023-24 on a monthly basis. 82 6 OCTA PEAK-HOUR VOLUMES Peak-hour traffic in the eastbound and westbound directions reached or exceeded 90 percent of defined capacity nine times during the month of August 2023. 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 $5.60 552 2,892 85% $5.60 509 2,864 84% $8.20 522 2,820 83% $8.85 635 2,836 83% 1500 - 1600 $5.90 496 2,923 86% $7.90 497 2,871 84% $7.90 534 2,891 85% $8.40 589 2,801 82% 1600 - 1700 $4.75 467 2,903 85% $6.90 431 2,787 82% $7.40 534 2,948 87% $6.45 512 2,714 80% 1700 - 1800 $5.05 509 2,943 87% $5.70 482 2,813 83% $7.10 457 2,807 83% $7.15 598 2,927 86% 1800 - 1900 $4.25 610 2,954 87% $4.25 550 2,723 80% $4.15 599 2,833 83% $7.15 654 2,520 74% 1900 - 2000 $4.15 532 2,242 66% $4.15 679 2,842 84% $6.10 649 2,544 75% $6.65 609 2,043 60% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.60 503 2,752 81%$5.60 500 3,066 90%$5.60 493 3,029 89%$8.20 525 3,099 91%$8.85 495 2,787 82% 1500 - 1600 $5.95 502 2,774 82% $5.90 497 2,945 87%$7.90 500 3,157 93%$7.90 472 2,853 84% $8.40 581 2,822 83% 1600 - 1700 $5.25 477 2,944 87%$4.75 477 3,061 90%$6.90 436 2,861 84% $7.40 423 2,766 81% $6.45 478 2,771 82% 1700 - 1800 $5.10 482 2,960 87% $5.05 414 2,710 80% $5.70 425 2,734 80% $7.10 454 2,961 87% $7.15 547 2,804 82% 1800 - 1900 $5.95 635 2,760 81% $4.25 523 2,867 84% $4.25 594 2,944 87% $4.15 541 2,876 85% $7.15 678 2,740 81% 1900 - 2000 $4.15 480 1,715 50% $4.15 520 2,233 66% $4.15 540 2,311 68% $6.10 542 2,340 69% $6.65 597 2,116 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 $5.60 425 2,741 81% $5.60 443 2,873 85% $5.60 463 2,872 84% $8.20 475 2,865 84% $8.85 489 2,844 84% 1500 - 1600 $5.95 442 2,499 74% $5.90 458 2,881 85% $7.90 462 2,597 76% $7.90 515 2,871 84% $8.40 571 2,793 82% 1600 - 1700 $5.25 396 2,616 77% $4.75 464 2,877 85% $6.90 398 2,819 83% $7.40 439 2,740 81% $6.45 531 2,746 81% 1700 - 1800 $5.10 469 2,883 85% $5.05 461 2,875 85% $5.70 465 2,799 82% $7.10 491 2,780 82% $7.15 531 2,814 83% 1800 - 1900 $5.95 579 2,854 84% $4.25 541 2,795 82% $4.25 562 2,942 87% $4.15 547 2,854 84% $7.15 587 2,653 78% 1900 - 2000 $4.15 452 1,841 54% $4.15 556 2,534 75% $4.15 578 2,542 75% $6.10 589 2,608 77% $6.65 582 2,294 67% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.60 397 2,273 67% $5.60 384 2,611 77% $5.60 473 2,911 86% $8.20 433 2,833 83% $8.85 537 2,807 83% 1500 - 1600 $5.95 410 2,446 72% $5.90 490 2,873 85% $7.90 485 2,908 86% $7.90 488 2,853 84% $8.40 524 2,803 82% 1600 - 1700 $5.25 384 2,419 71%$4.75 485 3,160 93%$6.90 503 2,932 86% $7.40 476 2,814 83% $6.45 532 2,853 84% 1700 - 1800 $5.10 415 2,259 66% $5.05 417 2,776 82% $5.70 468 2,861 84% $7.10 485 2,846 84% $7.15 538 2,789 82% 1800 - 1900 $5.95 402 1,621 48% $4.25 481 2,784 82% $4.25 546 2,899 85% $4.15 493 2,758 81% $7.15 623 2,724 80% 1900 - 2000 $4.15 366 1,193 35% $4.15 575 2,661 78% $4.15 650 2,815 83% $6.10 623 2,760 81% $6.65 597 2,201 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 $5.60 461 2,904 85% $5.60 404 2,878 85% $5.60 454 3,008 88% $8.20 482 3,024 89% 1500 - 1600 $5.95 502 2,817 83% $5.90 479 2,883 85% $7.90 510 2,962 87% $7.90 475 2,816 83% 1600 - 1700 $5.25 447 2,840 84% $4.75 478 3,013 89% $6.90 453 2,865 84% $7.40 444 2,806 83% 1700 - 1800 $5.10 458 2,800 82% $5.05 454 2,863 84% $5.70 461 2,635 78% $7.10 541 2,885 85% 1800 - 1900 $5.95 519 2,691 79% $4.25 525 2,940 86% $4.25 512 2,721 80% $4.15 565 2,836 83% 1900 - 2000 $4.15 497 2,185 64% $4.15 564 2,705 80% $4.15 605 2,818 83% $6.10 611 2,742 81% 08/30/23 Thursday 08/31/23 Friday 09/01/23Monday 08/28/23 Tuesday 08/29/23 Wednesday 08/23/23 Thursday 08/24/23 Friday 08/25/23Monday 08/21/23 Tuesday 08/22/23 Wednesday Thursday 08/10/23 Friday 08/11/23 Monday 08/14/23 Tuesday 08/15/23 Wednesday 08/16/23 Thursday 08/17/23 Friday 08/18/23 Thursday 08/03/23 Friday 08/04/23 Monday 08/07/23 Tuesday 08/08/23 Wednesday 08/09/23 Monday 07/31/23 Tuesday 08/01/23 Wednesday 08/02/23 83 7 OCTA WESTBOUND PEAK-HOUR VOLUMES AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.35 457 1,377 41% $3.35 457 1,344 40% $3.35 435 1,239 36% $3.35 377 1,125 33% 0500 - 0600 $5.40 850 2,868 84% $5.40 850 3,021 89% $5.40 797 2,664 78% $5.15 714 2,407 71% 0600 - 0700 $5.60 638 2,949 87% $5.60 638 3,002 88% $5.60 629 2,911 86% $5.40 552 2,506 74% 0700 - 0800 $6.15 496 2,741 81% $6.15 496 2,863 84% $6.15 464 2,572 76% $5.95 418 2,157 63% 0800 - 0900 $5.60 390 2,814 83% $5.60 390 2,817 83% $5.60 423 2,639 78% $5.40 445 2,319 68% 0900 - 1000 $4.50 455 2,553 75% $4.50 455 2,575 76% $4.50 459 2,332 69% $4.50 474 2,133 63% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.35 445 1,315 39% $3.35 433 1,309 39% $3.35 465 1,372 40% $3.35 453 1,296 38% $3.35 374 1,124 33% 0500 - 0600 $5.40 826 2,838 83% $5.40 810 2,700 79% $5.40 861 2,930 86% $5.40 829 2,828 83% $5.15 700 2,453 72% 0600 - 0700 $5.60 574 2,820 83% $5.60 607 2,943 87% $5.60 559 2,911 86% $5.60 593 2,793 82% $5.40 560 2,532 74% 0700 - 0800 $6.15 459 2,654 78% $6.15 457 2,571 76% $6.15 459 2,926 86% $6.15 477 2,673 79% $5.95 436 2,252 66% 0800 - 0900 $5.60 403 2,532 74% $5.60 215 1,512 44% $5.60 355 2,834 83% $5.60 369 2,679 79% $5.40 301 2,068 61% 0900 - 1000 $4.50 437 2,464 72% $4.50 476 3,025 89% $4.50 386 2,934 86% $4.50 338 2,311 68% $4.50 313 1,902 56% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.35 469 1,516 45% $3.35 494 1,397 41% $3.35 494 1,366 40% $3.35 485 1,364 40% $3.35 407 1,205 35% 0500 - 0600 $5.40 777 2,716 80% $5.40 831 2,937 86% $5.40 924 2,953 87% $5.40 871 2,875 85% $5.15 741 2,508 74% 0600 - 0700 $5.60 297 1,224 36% $5.60 652 2,981 88% $5.60 672 3,011 89% $5.60 661 2,908 86% $5.40 669 2,773 82% 0700 - 0800 $6.15 524 2,425 71% $6.15 569 2,868 84% $6.15 536 2,874 85% $6.15 568 2,917 86% $5.95 448 2,376 70% 0800 - 0900 $5.60 413 2,938 86% $5.60 382 2,784 82% $5.60 333 2,633 77% $5.60 311 2,679 79% $5.40 309 2,185 64% 0900 - 1000 $4.50 374 2,776 82% $4.50 358 2,667 78% $4.50 298 2,365 70% $4.50 307 2,519 74% $4.50 334 2,247 66% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.35 377 1,046 31% $3.35 456 1,296 38% $3.35 480 1,305 38% $3.35 503 1,339 39% $3.35 396 1,125 33% 0500 - 0600 $5.40 687 2,241 66% $5.40 871 2,823 83% $5.40 808 2,904 85% $5.40 911 2,963 87% $5.15 750 2,543 75% 0600 - 0700 $5.60 527 2,278 67% $5.60 688 3,019 89%$5.60 672 3,058 90%$5.60 672 3,021 89% $5.40 652 2,810 83% 0700 - 0800 $6.15 438 2,029 60% $6.15 567 2,751 81% $6.15 618 2,983 88% $6.15 609 2,977 88% $5.95 449 2,226 65% 0800 - 0900 $5.60 285 1,814 53% $5.60 338 1,948 57% $5.60 375 2,884 85% $5.60 374 2,875 85% $5.40 307 2,205 65% 0900 - 1000 $4.50 295 1,511 44% $4.50 420 2,808 83% $4.50 387 2,934 86% $4.50 384 2,695 79% $4.50 318 2,012 59% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.35 455 1,328 39% $3.35 459 1,310 39% $3.35 502 1,373 40% $3.35 496 1,454 43% 0500 - 0600 $5.40 801 2,753 81% $5.40 889 3,040 89% $5.40 826 2,824 83% $5.40 875 2,848 84% 0600 - 0700 $5.60 660 3,022 89%$5.60 704 3,137 92% $5.60 674 3,049 90% $5.60 681 3,060 90% 0700 - 0800 $6.15 583 2,911 86% $6.15 579 2,944 87% $6.15 590 2,888 85% $6.15 618 2,916 86% 0800 - 0900 $5.60 372 2,752 81% $5.60 351 2,801 82% $5.60 358 2,758 81% $5.60 376 2,773 82% 0900 - 1000 $4.50 352 2,568 76% $4.50 348 2,804 82% $4.50 323 2,629 77% $4.50 322 2,680 79% Monday 08/28/23 Tuesday 08/29/23 Wednesday 08/30/23 Thursday 08/17/23 Friday 08/18/23 08/23/23 Thursday 08/31/23 Friday 09/01/23 Thursday 08/24/23 Friday 08/25/23 08/16/23 Monday 08/21/23 Tuesday 08/22/23 Wednesday Monday 08/14/23 Tuesday 08/15/23 Wednesday 08/09/23 Thursday 08/10/23 Friday 08/11/23Monday 08/07/23 Tuesday 08/08/23 Wednesday 08/02/23 Thursday 08/03/23 Friday 08/04/23Monday 07/31/23 Tuesday 08/01/23 Wednesday 84 8 On-Road Operations OCTA Freeway Service Patrol responded to 87 calls during the month of August. Of those calls, 29 were to assist disabled vehicles, 2 were to remove debris, 22 were to tow vehicles, and 34 were to aid motorists in the 91 EL. OCTA OPERATIONAL HIGHLIGHTS 85 9 FINANCIAL HIGHLIGHTS OCTA 86 10 OPERATIONS OVERVIEW RCTC Total traffic volume on the 91 EL for August 2023 was 1,552,433. This represents a daily average of 50,078 vehicles. This is a 4.7 percent increase in total traffic volume from the same period last year, which totaled 1,482,586. Potential toll revenue for August was $7,235,394, which represents an increase of 22.3 percent from the prior year’s total of $5,917,920. Carpool percentage for August was 23.5 percent as compared to the previous year’s rate of 22.3 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 August 2023. Current MTD as of August 31, 2023 Trips AUG-23 MTD Actual Stantec MTD Projected # Variance % Variance AUG-22 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,188,284 980,428 207,856 21.2% 1,151,767 3.2% 3+ Lanes 364,149 363,142 1,007 0.3%330,819 10.1% Total Gross Trips 1,552,433 1,343,570 208,863 15.5% 1,482,586 4.7% Revenue Full Toll Lanes $7,173,894 $4,898,715 $2,275,179 46.4% $5,872,100 22.2% 3+ Lanes $61,500 $0 $61,500 $45,820 34.2% Total Gross Revenue $7,235,394 $4,898,715 $2,336,679 47.7% $5,917,920 22.3% Average Revenue per Trip Average Full Toll Lanes $6.04 $5.00 $1.04 20.8%$5.10 18.4% Average 3+ Lanes $0.17 $0.00 $0.17 $0.14 21.4% Average Gross Revenue $4.66 $3.65 $1.01 27.7%$3.99 16.8% TRAFFIC AND REVENUE STATISTICS FOR RCTC 87 11 The 2024 fiscal YTD traffic volume increased by 7.3 percent, and potential toll revenue increased by 24 percent when compared with the same period the prior year. YTD average revenue per trip is $4.50. 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 2023 through August 2023. FY 2023-24 YTD as of August 31, 2023 Trips FY 2023-24 YTD Actual (7/2023-8/2023) Stantec YTD Projected # Variance % Variance FY 2022-23 YTD Actual (7/2022-8/2022) Yr-to-Yr % Variance Full Toll Lanes 2,309,743 1,914,142 395,601 20.7% 2,188,196 5.6% 3+ Lanes 761,001 709,285 51,716 7.3%674,693 12.8% Total Gross Trips 3,070,744 2,623,427 447,317 17.1% 2,862,889 7.3% Revenue Full Toll Lanes $13,706,596 $9,552,429 $4,154,167 43.5% $11,056,569 24.0% 3+ Lanes $123,630 $0 $123,630 $93,434 32.3% Total Gross Revenue $13,830,226 $9,552,429 $4,277,797 44.8% $11,150,003 24.0% Average Revenue per Trip Average Full Toll Lanes $5.93 $4.99 $0.94 18.8%$5.05 17.4% Average 3+ Lanes $0.16 $0.00 $0.16 $0.14 14.3% Average Gross Revenue $4.50 $3.64 $0.86 23.6%$3.89 15.7% 88 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between full toll lanes and HOV3+ lanes for FY 2023-24 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll lanes and HOV3+ lanes for FY 2023-24 on a monthly basis. 89 13 RCTC PEAK-HOUR VOLUMES In August, no toll rates were adjusted. RCTC evaluates traffic volumes for peak-period hours and adjusts rates according to the toll rate policy. RCTC EASTBOUND 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 $7.80 283 1,047 1,330 F $11.30 274 962 1,236 E $16.20 276 976 1,252 E $27.90 379 1,006 1,385 F 1500 - 1600 $10.10 296 1,023 1,319 F $14.25 298 942 1,240 E $18.40 347 1,028 1,375 F $27.60 382 931 1,313 F 1600 - 1700 $7.80 278 1,023 1,301 F $7.80 275 1,039 1,314 F $10.05 304 1,017 1,321 F $18.40 300 891 1,191 D 1700 - 1800 $6.00 264 916 1,180 D $6.00 265 899 1,164 D $7.80 271 973 1,244 E $8.95 319 952 1,271 E 1800 - 1900 $6.00 320 877 1,197 D $6.00 296 855 1,151 D $6.00 319 927 1,246 E $6.00 362 921 1,283 E 1900 - 2000 $4.75 270 693 963 C $4.75 323 871 1,194 D $6.00 322 864 1,186 D $6.00 333 799 1,132 D PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 263 961 1,224 E $7.80 292 1,045 1,337 F $11.30 298 1,096 1,394 F $16.20 297 1,094 1,391 F $27.90 341 1,093 1,434 F 1500 - 1600 $7.80 284 1,006 1,290 E $10.10 299 1,072 1,371 F $14.25 293 1,084 1,377 F $18.40 305 977 1,282 E $27.60 361 1,061 1,422 F 1600 - 1700 $6.00 226 1,036 1,262 E $7.80 269 1,034 1,303 F $7.80 233 959 1,192 D $10.05 252 995 1,247 E $18.40 289 1,067 1,356 F 1700 - 1800 $6.00 251 978 1,229 E $6.00 238 889 1,127 D $6.00 200 989 1,189 D $7.80 249 929 1,178 D $8.95 283 990 1,273 E 1800 - 1900 $6.00 277 818 1,095 D $6.00 268 940 1,208 E $6.00 298 874 1,172 D $6.00 282 931 1,213 E $6.00 354 992 1,346 F 1900 - 2000 $2.55 176 553 729 B $4.75 273 751 1,024 D $4.75 258 803 1,061 D $6.00 272 783 1,055 D $6.00 308 832 1,140 D PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 249 1,028 1,277 E $7.80 227 1,075 1,302 F $11.30 270 1,096 1,366 F $16.20 259 1,112 1,371 F $27.90 295 1,096 1,391 F 1500 - 1600 $7.80 238 928 1,166 D $10.10 261 988 1,249 E $14.25 260 907 1,167 D $18.40 280 994 1,274 E $27.60 308 982 1,290 E 1600 - 1700 $6.00 210 991 1,201 E $7.80 218 1,009 1,227 E $7.80 220 1,055 1,275 E $10.05 245 1,026 1,271 E $18.40 257 912 1,169 D 1700 - 1800 $6.00 229 886 1,115 D $6.00 215 961 1,176 D $6.00 213 954 1,167 D $7.80 263 981 1,244 E $8.95 274 990 1,264 E 1800 - 1900 $6.00 275 845 1,120 D $6.00 299 869 1,168 D $6.00 273 919 1,192 D $6.00 250 1,035 1,285 E $6.00 268 982 1,250 E 1900 - 2000 $2.55 187 627 814 C $4.75 264 814 1,078 D $4.75 264 810 1,074 D $6.00 270 942 1,212 E $6.00 243 886 1,129 D PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 195 711 906 C $7.80 211 934 1,145 D $11.30 239 1,109 1,348 F $16.20 224 1,061 1,285 E $27.90 299 1,057 1,356 F 1500 - 1600 $7.80 207 797 1,004 D $10.10 232 914 1,146 D $14.25 261 1,021 1,282 E $18.40 264 979 1,243 E $27.60 316 1,034 1,350 F 1600 - 1700 $6.00 175 677 852 C $7.80 260 1,047 1,307 F $7.80 229 1,017 1,246 E $10.05 235 1,039 1,274 E $18.40 285 994 1,279 E 1700 - 1800 $6.00 171 580 751 B $6.00 232 913 1,145 D $6.00 240 1,007 1,247 E $7.80 236 995 1,231 E $8.95 308 996 1,304 F 1800 - 1900 $6.00 202 428 630 B $6.00 231 866 1,097 D $6.00 265 906 1,171 D $6.00 252 937 1,189 D $6.00 280 1,021 1,301 F 1900 - 2000 $2.55 141 323 464 B $4.75 233 818 1,051 D $4.75 283 909 1,192 D $6.00 287 882 1,169 D $6.00 276 846 1,122 D PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 225 1,075 1,300 E $7.80 222 1,041 1,263 E $11.30 232 1,087 1,319 F $16.20 268 1,162 1,430 F 1500 - 1600 $7.80 244 952 1,196 D $10.10 267 945 1,212 E $14.25 275 989 1,264 E $18.40 267 1,044 1,311 F 1600 - 1700 $6.00 227 1,014 1,241 E $7.80 233 1,054 1,287 E $7.80 160 934 1,094 D $10.05 246 1,049 1,295 E 1700 - 1800 $6.00 213 894 1,107 D $6.00 222 937 1,159 D $6.00 244 993 1,237 E $7.80 264 1,055 1,319 F 1800 - 1900 $6.00 238 848 1,086 D $6.00 244 950 1,194 D $6.00 247 967 1,214 E $6.00 266 955 1,221 E 1900 - 2000 $2.55 218 739 957 C $4.75 256 917 1,173 D $4.75 275 912 1,187 D $6.00 302 924 1,226 E FridayMonday 08/14/23 Tuesday 08/15/23 Thursday 08/31/23 08/16/23 Wednesday 08/23/23 Thursday 08/24/23 Friday 08/25/23 08/28/23 Tuesday 08/29/23 Wednesday 08/30/23 Wednesday 09/01/23 Thursday 08/17/23 Friday 08/18/23 08/10/23 Friday 08/11/23 Thursday 08/03/23 Monday Monday 08/21/23 Tuesday 08/22/23 Friday 08/04/23Monday Monday 08/07/23 Tuesday 08/08/23 Wednesday 08/09/23 Wednesday 08/02/2307/31/23 Tuesday 08/01/23 Thursday 90 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 $6.00 153 734 887 C $6.00 145 708 853 C $6.00 154 662 816 C $6.00 169 624 793 B 1500 - 1600 $6.00 149 630 779 B $6.00 140 671 811 C $6.00 163 622 785 B $6.00 164 603 767 B 1600 - 1700 $6.00 128 618 746 B $6.00 121 597 718 B $3.35 140 632 772 B $3.35 143 537 680 B 1700 - 1800 $3.35 149 587 736 B $3.35 151 629 780 B $3.35 128 602 730 B $3.35 125 569 694 B 1800 - 1900 $3.35 171 641 812 C $3.35 155 590 745 B $3.35 176 623 799 B $3.35 166 526 692 B 1900 - 2000 $3.35 164 540 704 B $3.35 204 688 892 C $3.35 187 568 755 B $3.35 205 442 647 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 143 641 784 B $6.00 140 790 930 C $6.00 139 743 882 C $6.00 148 749 897 C $6.00 135 671 806 C 1500 - 1600 $6.00 136 623 759 B $6.00 134 696 830 C $6.00 135 722 857 C $6.00 132 636 768 B $6.00 159 577 736 B 1600 - 1700 $3.35 135 636 771 B $6.00 149 654 803 C $6.00 127 627 754 B $3.35 128 626 754 B $3.35 130 605 735 B 1700 - 1800 $3.35 116 646 762 B $3.35 110 593 703 B $3.35 109 577 686 B $3.35 130 628 758 B $3.35 127 635 762 B 1800 - 1900 $3.35 183 601 784 B $3.35 145 594 739 B $3.35 152 665 817 C $3.35 143 656 799 B $3.35 146 613 759 B 1900 - 2000 $3.35 140 373 513 B $3.35 159 509 668 B $3.35 161 569 730 B $3.35 165 583 748 B $3.35 195 530 725 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 115 717 832 C $6.00 118 734 852 C $6.00 130 716 846 C $6.00 139 682 821 C $6.00 135 658 793 B 1500 - 1600 $6.00 98 629 727 B $6.00 130 704 834 C $6.00 123 587 710 B $6.00 139 660 799 B $6.00 137 588 725 B 1600 - 1700 $3.35 126 577 703 B $6.00 120 673 793 B $6.00 123 670 793 B $3.35 110 649 759 B $3.35 155 645 800 B 1700 - 1800 $3.35 143 618 761 B $3.35 125 659 784 B $3.35 128 649 777 B $3.35 139 611 750 B $3.35 159 609 768 B 1800 - 1900 $3.35 151 594 745 B $3.35 128 633 761 B $3.35 145 638 783 B $3.35 137 660 797 B $3.35 132 621 753 B 1900 - 2000 $3.35 119 442 561 B $3.35 158 590 748 B $3.35 162 593 755 B $3.35 159 655 814 C $3.35 153 562 715 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 119 635 754 B $6.00 127 686 813 C $6.00 135 704 839 C $6.00 132 758 890 C $6.00 138 699 837 C 1500 - 1600 $6.00 118 552 670 B $6.00 114 675 789 B $6.00 138 678 816 C $6.00 123 676 799 B $6.00 138 590 728 B 1600 - 1700 $3.35 135 587 722 B $6.00 145 677 822 C $6.00 141 668 809 C $3.35 130 666 796 B $3.35 172 594 766 B 1700 - 1800 $3.35 126 473 599 B $3.35 116 625 741 B $3.35 130 649 779 B $3.35 123 622 745 B $3.35 134 611 745 B 1800 - 1900 $3.35 108 347 455 B $3.35 130 570 700 B $3.35 147 682 829 C $3.35 145 696 841 C $3.35 161 572 733 B 1900 - 2000 $3.35 94 253 347 A $3.35 158 652 810 C $3.35 173 684 857 C $3.35 176 653 829 C $3.35 180 482 662 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 135 755 890 C $6.00 120 747 867 C $6.00 150 757 907 C $6.00 128 686 814 C 1500 - 1600 $6.00 135 609 744 B $6.00 132 677 809 C $6.00 141 694 835 C $6.00 140 625 765 B 1600 - 1700 $3.35 129 665 794 B $6.00 118 627 745 B $6.00 102 537 639 B $3.35 106 586 692 B 1700 - 1800 $3.35 119 679 798 B $3.35 130 617 747 B $3.35 142 645 787 B $3.35 134 660 794 B 1800 - 1900 $3.35 140 635 775 B $3.35 130 654 784 B $3.35 134 642 776 B $3.35 160 644 804 C 1900 - 2000 $3.35 144 547 691 B $3.35 139 637 776 B $3.35 163 686 849 C $3.35 159 609 768 B 08/24/23 Friday 08/25/23 Thursday 08/17/23 Friday 08/18/23 Monday 08/21/23 Tuesday 08/22/23 Wednesday 08/23/23 Thursday Wednesday 08/30/23 Thursday 08/31/23 Friday 09/01/23Monday08/28/23 Tuesday 08/29/23 Monday 08/14/23 Tuesday 08/15/23 Wednesday 08/16/23 Wednesday 08/09/23 Thursday 08/10/23 Friday 08/11/23Monday08/07/23 Tuesday 08/08/23 Monday 07/31/23 Tuesday 08/01/23 Wednesday 08/02/23 Thursday 08/03/23 Friday 08/04/23 91 15 RCTC WESTBOUND 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 $2.55 253 463 716 B $2.55 238 472 710 B $2.55 232 442 674 B $2.55 206 417 623 B 0500 - 0600 $15.05 456 1,055 1,511 F $15.05 484 1,061 1,545 F $13.50 496 1,031 1,527 F $7.80 422 919 1,341 E 0600 - 0700 $21.80 413 1,277 1,690 F $21.80 444 1,232 1,676 F $20.65 471 1,162 1,633 F $13.15 324 1,067 1,391 F 0700 - 0800 $20.45 348 1,339 1,687 F $20.45 367 1,335 1,702 F $19.35 363 1,194 1,557 F $8.85 304 982 1,286 E 0800 - 0900 $11.90 269 1,259 1,528 F $12.25 291 1,377 1,668 F $11.10 263 1,206 1,469 F $6.00 258 879 1,137 D 0900 - 1000 $7.80 228 1,023 1,251 E $7.80 244 1,126 1,370 F $7.80 240 899 1,139 D $4.75 255 790 1,045 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 $2.55 260 448 708 B $2.55 248 471 719 B $2.55 236 478 714 B $2.55 237 466 703 B $2.55 209 425 634 B 0500 - 0600 $11.65 471 1,044 1,515 F $15.05 427 893 1,320 E $15.05 485 1,113 1,598 F $13.50 502 1,071 1,573 F $7.80 403 970 1,373 F 0600 - 0700 $20.65 405 1,200 1,605 F $21.80 433 1,223 1,656 F $21.80 371 1,286 1,657 F $20.65 405 1,169 1,574 F $13.15 349 1,007 1,356 F 0700 - 0800 $18.10 308 1,174 1,482 F $20.45 340 1,124 1,464 F $20.45 369 1,452 1,821 F $19.35 362 1,247 1,609 F $8.85 307 974 1,281 E 0800 - 0900 $10.35 256 1,176 1,432 F $11.90 102 620 722 B $12.25 287 1,442 1,729 F $11.10 282 1,219 1,501 F $6.00 169 907 1,076 D 0900 - 1000 $6.00 217 909 1,126 D $7.80 367 1,801 2,168 F $7.80 300 1,405 1,705 F $7.80 192 910 1,102 D $4.75 152 742 894 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 $2.55 261 489 750 B $2.55 273 477 750 B $2.55 258 484 742 B $2.55 259 473 732 B $2.55 233 424 657 B 0500 - 0600 $11.65 489 1,203 1,692 F $15.05 505 1,042 1,547 F $15.05 499 1,106 1,605 F $13.50 509 1,040 1,549 F $7.80 426 970 1,396 F 0600 - 0700 $20.65 401 1,112 1,513 F $21.80 438 1,189 1,627 F $21.80 431 1,143 1,574 F $20.65 415 1,198 1,613 F $13.15 406 1,103 1,509 F 0700 - 0800 $18.10 377 1,186 1,563 F $20.45 389 1,313 1,702 F $20.45 397 1,334 1,731 F $19.35 372 1,308 1,680 F $8.85 320 951 1,271 E 0800 - 0900 $10.35 278 1,317 1,595 F $11.90 261 1,388 1,649 F $12.25 242 1,257 1,499 F $11.10 243 1,334 1,577 F $6.00 185 930 1,115 D 0900 - 1000 $6.00 229 1,203 1,432 F $7.80 207 1,242 1,449 F $7.80 185 1,054 1,239 E $7.80 168 1,008 1,176 D $4.75 207 900 1,107 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 $2.55 188 341 529 B $2.55 236 431 667 B $2.55 231 441 672 B $2.55 280 446 726 B $2.55 216 414 630 B 0500 - 0600 $11.65 384 752 1,136 D $15.05 499 980 1,479 F $15.05 507 1,069 1,576 F $13.50 500 1,094 1,594 F $7.80 398 969 1,367 F 0600 - 0700 $20.65 300 759 1,059 D $21.80 399 1,159 1,558 F $21.80 437 1,213 1,650 F $20.65 445 1,234 1,679 F $13.15 417 1,087 1,504 F 0700 - 0800 $18.10 278 752 1,030 D $20.45 399 1,105 1,504 F $20.45 425 1,253 1,678 F $19.35 409 1,300 1,709 F $8.85 289 966 1,255 E 0800 - 0900 $10.35 180 733 913 C $11.90 237 1,428 1,665 F $12.25 268 1,377 1,645 F $11.10 227 1,353 1,580 F $6.00 149 951 1,100 D 0900 - 1000 $6.00 145 483 628 B $7.80 250 1,386 1,636 F $7.80 234 1,368 1,602 F $7.80 220 1,248 1,468 F $4.75 170 948 1,118 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 $2.55 241 482 723 B $2.55 230 442 672 B $2.55 254 476 730 B $2.55 275 548 823 C 0500 - 0600 $11.65 483 1,094 1,577 F $15.05 505 1,131 1,636 F $15.05 477 1,089 1,566 F $13.50 475 1,044 1,519 F 0600 - 0700 $20.65 430 1,202 1,632 F $21.80 433 1,260 1,693 F $21.80 411 1,210 1,621 F $20.65 412 1,159 1,571 F 0700 - 0800 $18.10 378 1,276 1,654 F $20.45 384 1,075 1,459 F $20.45 435 1,231 1,666 F $19.35 421 1,283 1,704 F 0800 - 0900 $10.35 245 1,313 1,558 F $11.90 224 1,391 1,615 F $12.25 284 1,383 1,667 F $11.10 307 1,282 1,589 F 0900 - 1000 $6.00 217 1,172 1,389 F $7.80 211 1,379 1,590 F $7.80 177 1,192 1,369 F $7.80 184 1,236 1,420 F FridayMonday 08/14/23 Tuesday 08/15/23 Thursday 08/31/23 08/16/23 Wednesday 08/23/23 Thursday 08/24/23 Friday 08/25/23 08/28/23 Tuesday 08/29/23 Wednesday 08/30/23 Wednesday 09/01/23 Thursday 08/17/23 Friday 08/18/23 08/10/23 Friday 08/11/23 Thursday 08/03/23 Monday Monday 08/21/23 Tuesday 08/22/23 Friday 08/04/23Monday Monday 08/07/23 Tuesday 08/08/23 Wednesday 08/09/23 Wednesday 08/02/2307/31/23 Tuesday 08/01/23 Thursday 92 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 $3.35 200 525 725 B $3.35 185 528 713 B $3.35 172 477 649 B $3.35 149 412 561 B 0500 - 0600 $10.00 277 1,008 1,285 E $10.00 299 1,016 1,315 E $10.00 289 936 1,225 E $7.75 256 863 1,119 D 0600 - 0700 $12.70 255 1,057 1,312 E $12.70 281 1,170 1,451 F $13.05 245 1,116 1,361 E $7.75 191 934 1,125 D 0700 - 0800 $11.15 209 1,193 1,402 F $11.15 200 1,140 1,340 E $10.00 200 1,078 1,278 E $7.75 161 845 1,006 D 0800 - 0900 $10.00 179 1,115 1,294 E $10.00 168 1,138 1,306 E $7.75 182 1,071 1,253 E $6.00 204 837 1,041 D 0900 - 1000 $7.75 154 823 977 C $6.00 181 808 989 C $6.00 215 876 1,091 D $6.00 173 639 812 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 $3.35 186 516 702 B $3.35 186 473 659 B $3.35 188 488 676 B $3.35 188 488 676 B $3.35 154 438 592 B 0500 - 0600 $10.00 278 950 1,228 E $10.00 287 994 1,281 E $10.00 293 993 1,286 E $10.00 284 944 1,228 E $7.75 267 821 1,088 D 0600 - 0700 $12.30 244 1,084 1,328 E $12.70 271 1,132 1,403 F $12.70 241 1,163 1,404 F $13.05 279 1,101 1,380 E $7.75 236 896 1,132 D 0700 - 0800 $10.00 194 1,016 1,210 E $11.15 158 830 988 C $11.15 197 1,296 1,493 F $10.00 181 1,033 1,214 E $7.75 157 854 1,011 D 0800 - 0900 $7.75 169 1,035 1,204 E $10.00 6 30 36 A $10.00 171 1,297 1,468 F $7.75 166 1,107 1,273 E $6.00 134 887 1,021 D 0900 - 1000 $6.00 178 729 907 C $7.75 156 851 1,007 D $6.00 191 948 1,139 D $6.00 155 958 1,113 D $6.00 134 685 819 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 $3.35 179 514 693 B $3.35 204 525 729 B $3.35 192 545 737 B $3.35 198 491 689 B $3.35 154 443 597 B 0500 - 0600 $10.00 285 1,028 1,313 E $10.00 278 1,045 1,323 E $10.00 313 1,010 1,323 E $10.00 301 1,016 1,317 E $7.75 257 906 1,163 D 0600 - 0700 $12.30 286 1,160 1,446 F $12.70 322 1,222 1,544 F $12.70 325 1,183 1,508 F $13.05 319 1,176 1,495 F $7.75 276 927 1,203 E 0700 - 0800 $10.00 232 1,061 1,293 E $11.15 186 1,198 1,384 E $11.15 178 1,159 1,337 E $10.00 194 1,087 1,281 E $7.75 150 870 1,020 D 0800 - 0900 $7.75 171 1,122 1,293 E $10.00 159 1,212 1,371 E $10.00 149 1,216 1,365 E $7.75 131 1,168 1,299 E $6.00 140 925 1,065 D 0900 - 1000 $6.00 121 841 962 C $7.75 151 965 1,116 D $6.00 138 930 1,068 D $6.00 135 937 1,072 D $6.00 144 811 955 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 $3.35 165 395 560 B $3.35 204 525 729 B $3.35 186 482 668 B $3.35 214 503 717 B $3.35 153 397 550 B 0500 - 0600 $10.00 258 790 1,048 D $10.00 278 1,045 1,323 E $10.00 309 1,030 1,339 E $10.00 300 1,044 1,344 E $7.75 264 871 1,135 D 0600 - 0700 $12.30 209 834 1,043 D $12.70 322 1,222 1,544 F $12.70 332 1,225 1,557 F $13.05 300 1,180 1,480 F $7.75 277 963 1,240 E 0700 - 0800 $10.00 157 773 930 C $11.15 186 1,198 1,384 E $11.15 241 1,156 1,397 E $10.00 219 1,144 1,363 E $7.75 136 814 950 C 0800 - 0900 $7.75 127 881 1,008 D $10.00 159 1,212 1,371 E $10.00 182 1,157 1,339 E $7.75 147 1,120 1,267 E $6.00 130 919 1,049 D 0900 - 1000 $6.00 112 536 648 B $7.75 151 965 1,116 D $6.00 161 999 1,160 D $6.00 141 938 1,079 D $6.00 127 801 928 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 $3.35 189 516 705 B $3.35 204 500 704 B $3.35 203 493 696 B $3.35 191 499 690 B 0500 - 0600 $10.00 310 1,034 1,344 E $10.00 321 1,100 1,421 F $10.00 302 1,052 1,354 E $10.00 309 1,036 1,345 E 0600 - 0700 $12.30 295 1,152 1,447 F $12.70 323 1,255 1,578 F $12.70 298 1,219 1,517 F $13.05 314 1,187 1,501 F 0700 - 0800 $10.00 212 1,096 1,308 E $11.15 228 1,268 1,496 F $11.15 241 1,151 1,392 E $10.00 211 1,145 1,356 E 0800 - 0900 $7.75 165 1,157 1,322 E $10.00 149 1,314 1,463 F $10.00 163 1,176 1,339 E $7.75 163 1,124 1,287 E 0900 - 1000 $6.00 120 943 1,063 D $7.75 129 999 1,128 D $6.00 135 916 1,051 D $6.00 122 921 1,043 D 08/24/23 Friday 08/25/23 Thursday 08/17/23 Friday 08/18/23 Monday 08/21/23 Tuesday 08/22/23 Wednesday 08/23/23 Thursday Wednesday 08/30/23 Thursday 08/31/23 Friday 09/01/23Monday08/28/23 Tuesday 08/29/23 Monday 08/14/23 Tuesday 08/15/23 Wednesday 08/16/23 Wednesday 08/09/23 Thursday 08/10/23 Friday 08/11/23Monday08/07/23 Tuesday 08/08/23 Monday 07/31/23 Tuesday 08/01/23 Wednesday 08/02/23 Thursday 08/03/23 Friday 08/04/23 93 17 On-Road Operations RCTC Freeway Service Patrol responded to 73 calls during the month of August. Of those calls, 59 were to assist disabled vehicles, 7 calls to remove debris, and 7 were in response to accidents that affected the 91 EL. RCTC OPERATIONAL HIGHLIGHTS 94 18 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement 8/31/2023 Description Budget Dollar $ Percent (%) Operating revenues: Toll Revenue 12,386,174.41$ 9,867,916.67$ 2,518,257.74$ 25.5 Fee Revenue 1,227,667.73 978,833.33 248,834.40 25.4 Total operating revenues 13,613,842.14 10,846,750.00 2,767,092.14 25.5 Operating expenses: Salaries and Benefits 142,093.61 150,166.67 8,073.06 5.4 Legal Services 1,438.04 34,166.67 32,728.63 95.8 Advisory Services 237.21 12,333.33 12,096.12 98.1 Audit and Accounting Fees - 6,333.33 6,333.33 100.0 Service Fees (84.51) 2 2,166.67 2,251.18 103.9 Other Professional Services 81,888.42 208,750.00 126,861.58 60.8 Lease Expense 36,233.26 55,766.67 19,533.41 35.0 Operations (108,573.91) 2 878,150.00 986,723.91 112.4 Utilities 6,880.11 28,100.00 21,219.89 75.5 Supplies and Materials 1,894.85 666.67 (1,228.18) (184.2) Membership and Subscription Fees - 7,166.67 7,166.67 100.0 Office Equipment & Furniture (Non-Capital)- 6,666.67 6,666.67 100.0 Maintenance/Repairs 65,114.86 83,666.67 18,551.81 22.2 Training Seminars and Conferences - 1,333.33 1,333.33 100.0 Transportation Expenses 316.49 483.33 166.84 34.5 Lodging 179.52 500.00 320.48 64.1 Meals 75.00 500.00 425.00 85.0 Other Staff Expenses 43.96 83.33 39.37 47.2 Advertising - 33,333.33 33,333.33 100.0 Program Management 8,579.91 14,516.67 5,936.76 40.9 Program Operations (2,872,639.61) 2 1,740,300.00 4,612,939.61 265.1 Litigation Settlement - - - N/A Furniture & Equipment - 4,166.67 4,166.67 100.0 Improvements - 5,000.00 5,000.00 100.0 Bad Debt Expense (166,491.02) 2 11,666.67 178,157.69 1,527.1 Total operating expenses (2,802,813.81) 3,285,983.33 6,088,797.14 185.3 Operating income (loss)16,416,655.95 7,560,766.67 8,855,889.28 117.1 Nonoperating revenues (expenses): Interest Revenue 320,342.02 213,416.67 106,925.35 (50.1) Other Miscellaneous Revenue 28.97 - 28.97 N/A Loss on Refunding - - - N/A Principal Expense - - - N/A Interest Expense - (3,700,166.67) 3,700,166.67 (100.0) Total nonoperating revenues (expenses)320,370.99 (3,486,750.00) 3,807,120.99 109.2 Transfers In - - - N/A Transfers Out - (170,600.00) 170,600.00 (100.0) Net income (loss) 16,737,026.94$ 3,903,416.67$ 12,833,610.27$ 328.8 1 Unaudited YTD as of : YTD Variance Actual1 95 19 JOINT AGENCY TRIP AND REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING August 31, 2023 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 922,589 670,548 73%$2,705,862 RCTC 843,605 670,548 79%$4,315,488 Eastbound OCTA 889,492 587,265 66%$3,121,672 RCTC 708,828 587,265 83%$2,919,906 96 20 JOINT AGENCY PERFORMANCE MEASURES REPORTING REQUIREMENT REPORTING PERIOD PERFORMANCE STANDARD AUGUST 2023 PERFORMANCE Customer Service Service Level /Speed of Answer Monthly 80% answered within 60 seconds 84% answered within 60 seconds Abandon Percentage Monthly 4 % < 1.6% Customer Satisfaction Score Monthly 4.5 => 4.9 First Contact Resolution Monthly 85% of calls resolved on the first contact 95% Timeliness of Case Resolution Monthly 90% of cases resolved in one (1) business day 99.1% Monthly 98% of cases resolved within five (5) business days 99.8% 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 processed within five (5) 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 completely and accurately issued within five (5) business days 100% JOINT AGENCY TRANSPONDER DISTRIBUTION T ags % o f T o tal T ags % o f T o tal Issued To New Accounts 4,134 22.5% 1,868 21.5% 3,001 22.2% Additional Tags to Existing Accounts 13,776 75.1% 6,606 76.1% 10,191 75.4% Replacement Transponders 423 2.3% 210 2.4% 317 2.3% Total Issued 18,333 8,684 13,509 6C TRANSPONDER DISTRIBUTION August-23 July-23 FY 2023-24 Average To-Date 97 21 At the end of August 2023, the 91 EL had 171,779 active customer accounts and 673,327 transponders classified as assigned. Number of Accounts by FY As of August 31, 2023 98 Orange County Transportation Authority Riverside County Transportation Commission Status Report September 2023 As of September 30, 2023 ATTACHMENT 3 99 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 ................................................................................ 20 100 3 OPERATIONS OVERVIEW OCTA Total traffic volume on the 91 Express Lanes (91 EL) for September 2023 was 1,728,037. This represents a daily average of 57,601 vehicles. This is a 5.1 percent increase in total traffic volume from the same period last year, which totaled 1,643,906. Potential toll revenue for September was $5,524,051, which represents an increase of 3.7 percent from the prior year’s total of $5,327,998. Carpool percentage for September was 24.5 percent as compared to the previous year’s rate of 22.8 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 September 2023. Current MTD as of September 30, 2023 Trips SEP-23 MTD Actual SEP-22 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,305,022 1,268,631 2.9% 3+ Lanes 423,015 375,275 12.7% Total Gross Trips 1,728,037 1,643,906 5.1% Revenue Full Toll Lanes $5,461,993 $5,266,765 3.7% 3+ Lanes $62,058 $61,233 1.3% Total Gross Revenue $5,524,051 $5,327,998 3.7% Average Revenue per Trip Average Full Toll Lanes $4.19 $4.15 1.0% Average 3+ Lanes $0.15 $0.16 (6.3%) Average Gross Revenue $3.20 $3.24 (1.2%) TRAFFIC AND REVENUE STATISTICS FOR OCTA 101 4 The 2024 fiscal year-to-date (YTD) traffic volume increased by 5.6 percent, and potential toll revenue increased by 5.9 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 2023 through September 2023. Fiscal Year (FY) 2023-24 YTD as of September 30, 2023 Trips FY 2023-24 YTD Actual (7/2023-9/2023) FY 2022-23 YTD Actual (7/2022-9/2022) Yr-to-Yr % Variance Full Toll Lanes 3,978,404 3,817,140 4.2% 3+ Lanes 1,320,390 1,199,235 10.1% Total Gross Trips 5,298,794 5,016,375 5.6% Revenue Full Toll Lanes $16,535,646 $15,621,187 5.9% 3+ Lanes $191,410 $180,555 6.0% Total Gross Revenue $16,727,055 $15,801,743 5.9% Average Revenue per Trip Average Full Toll Lanes $4.16 $4.09 1.7% Average 3+ Lanes $0.14 $0.15 (6.7%) Average Gross Revenue $3.16 $3.15 0.3% 102 5 OCTA Traffic and Revenue Summary The chart below reflects the total trips breakdown between full toll trips and high-occupancy vehicle (HOV3+) trips for FY 2023-24 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll trips and HOV3+ trips for FY 2023-24 on a monthly basis. 103 6 OCTA PEAK -HOUR VOLUMES Peak-hour traffic in the eastbound and westbound directions reached or exceeded 90 percent of defined capacity 13 times during the month of September 2023. As demonstrated on the next chart, westbound peak-hour traffic volumes top out at 99 percent of defined capacity. OCTA EASTBOUND PEAK -HOUR VOLUMES EASTBOUND WEEKDAY PEAK VOLUME: PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $8.85 538 2,847 84% 1500 - 1600 $8.40 626 2,835 83% 1600 - 1700 $6.45 617 2,744 81% 1700 - 1800 $7.15 610 2,770 81% 1800 - 1900 $7.15 689 2,550 75% 1900 - 2000 $6.65 696 2,206 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 $4.90 461 1,197 35%$5.60 444 2,951 87%$5.60 450 3,048 90%$8.20 482 3,053 90%$8.85 505 2,943 87% 1500 - 1600 $4.90 434 1,109 33%$5.90 480 2,970 87%$7.90 454 2,781 82%$7.90 489 2,808 83%$8.40 498 2,805 83% 1600 - 1700 $4.90 458 1,085 32%$4.75 491 3,001 88%$6.90 515 3,057 90%$7.40 447 2,784 82%$6.45 502 2,878 85% 1700 - 1800 $4.90 456 1,031 30%$5.05 472 3,011 89%$5.70 484 2,840 84%$7.10 463 2,861 84%$7.15 544 2,909 86% 1800 - 1900 $4.90 511 1,121 33%$4.25 601 3,057 90%$4.25 543 2,994 88%$4.15 524 2,810 83%$7.15 597 2,492 73% 1900 - 2000 $4.90 572 1,157 34%$4.15 492 2,190 64%$4.15 614 2,673 79%$6.10 653 2,819 83%$6.65 548 2,071 61% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.60 451 2,747 81%$5.60 434 2,933 86%$5.60 445 2,996 88%$8.20 470 2,933 86%$8.85 462 2,829 83% 1500 - 1600 $5.95 495 2,984 88%$5.90 531 2,979 88%$7.90 492 2,974 87%$7.90 524 3,011 89%$8.40 560 2,892 85% 1600 - 1700 $5.25 463 2,986 88%$4.75 423 2,852 84%$6.90 455 2,828 83%$7.40 464 2,813 83%$6.45 508 2,685 79% 1700 - 1800 $5.10 520 3,077 91%$5.05 455 2,801 82%$5.70 430 2,856 84%$7.10 452 2,777 82%$7.15 575 2,794 82% 1800 - 1900 $5.95 540 2,785 82%$4.25 516 2,795 82%$4.25 547 2,777 82%$4.15 505 2,785 82%$7.15 670 2,764 81% 1900 - 2000 $4.15 437 1,775 52%$4.15 640 2,851 84%$4.15 625 2,852 84%$6.10 654 2,768 81%$6.65 682 2,536 75% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.60 445 2,944 87%$5.60 408 2,947 87%$5.60 462 3,033 89%$8.20 470 2,978 88%$8.85 492 2,927 86% 1500 - 1600 $5.95 500 2,730 80%$5.90 497 2,856 84%$7.90 472 2,914 86%$7.90 520 2,905 85%$8.40 615 3,147 93% 1600 - 1700 $5.25 401 2,294 67%$4.75 390 2,384 70%$6.90 472 2,921 86%$7.40 502 2,916 86%$6.45 561 2,917 86% 1700 - 1800 $5.10 455 2,925 86%$5.05 395 2,221 65%$5.70 431 2,880 85%$7.10 454 2,888 85%$7.15 510 2,895 85% 1800 - 1900 $5.95 623 3,024 89%$4.25 520 2,808 83%$4.25 584 3,014 89%$4.15 570 2,832 83%$7.15 632 2,645 78% 1900 - 2000 $4.15 507 2,078 61%$4.15 667 2,890 85%$4.15 647 2,700 79%$6.10 636 2,759 81%$6.65 626 2,173 64% PM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 1400 - 1500 $5.60 461 2,767 81%$5.60 445 2,861 84%$5.60 494 3,014 89%$8.20 471 2,881 85%$8.85 540 3,005 88% 1500 - 1600 $5.95 509 2,964 87%$5.90 507 2,986 88%$7.90 478 2,976 88%$7.90 490 2,785 82%$8.40 532 2,857 84% 1600 - 1700 $5.25 445 2,885 85%$4.75 411 2,677 79%$6.90 466 2,843 84%$7.40 460 2,887 85%$6.45 570 2,936 86% 1700 - 1800 $5.10 471 2,785 82%$5.05 502 2,880 85%$5.70 473 2,916 86%$7.10 473 2,797 82%$7.15 549 2,852 84% 1800 - 1900 $5.95 594 2,709 80%$4.25 507 2,714 80%$4.25 612 3,028 89%$4.15 553 2,795 82%$7.15 637 2,731 80% 1900 - 2000 $4.15 530 2,079 61%$4.15 706 2,978 88%$4.15 657 2,776 82%$6.10 685 2,728 80%$6.65 636 2,369 70% Thursday 08/31/23 Friday 09/01/23 Monday 09/04/23 Tuesday 09/05/23 Wednesday 09/06/23 Monday 08/28/23 Tuesday 08/29/23 Wednesday 08/30/23 Thursday 09/07/23 Friday 09/08/23 Monday 09/11/23 Tuesday 09/12/23 Wednesday 09/13/23 Thursday 09/14/23 Friday 09/15/23 Monday 09/18/23 Tuesday 09/19/23 Wednesday 09/20/23 Thursday 09/21/23 Friday 09/22/23 Monday 09/25/23 Tuesday 09/26/23 Wednesday 09/27/23 Thursday 09/28/23 Friday 09/29/23 104 7 OCTA WESTBOUND PEAK -HOUR VOLUMES WESTBOUND WEEKDAY PEAK VOLUME: AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.35 406 1,177 35% 0500 - 0600 $5.15 597 2,225 65% 0600 - 0700 $5.40 617 2,547 75% 0700 - 0800 $5.95 524 2,455 72% 0800 - 0900 $5.40 301 2,062 61% 0900 - 1000 $4.50 341 2,222 65% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $1.85 55 119 4%$3.35 479 1,417 42%$3.35 460 1,395 41%$3.35 486 1,444 42%$3.35 400 1,242 37% 0500 - 0600 $1.85 91 213 6%$5.40 821 2,951 87%$5.40 841 2,946 87%$5.40 792 2,667 78%$5.15 746 2,547 75% 0600 - 0700 $2.80 77 253 7%$5.60 586 2,536 75%$5.60 636 2,846 84%$5.60 539 2,357 69%$5.40 653 2,866 84% 0700 - 0800 $2.80 136 366 11%$6.15 668 2,922 86%$6.15 654 3,009 89%$6.15 668 3,022 89%$5.95 514 2,556 75% 0800 - 0900 $2.80 254 666 20%$5.60 342 2,676 79%$5.60 390 2,887 85%$5.60 412 2,993 88%$5.40 276 2,445 72% 0900 - 1000 $4.00 482 1,183 35%$4.50 356 2,973 87%$4.50 353 3,135 92%$4.50 378 2,920 86%$4.50 326 2,200 65% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.35 485 1,346 40%$3.35 532 1,491 44%$3.35 534 1,410 41%$3.35 494 1,350 40%$3.35 389 1,137 33% 0500 - 0600 $5.40 774 2,737 81%$5.40 862 2,937 86%$5.40 871 2,935 86%$5.40 734 2,414 71%$5.15 752 2,553 75% 0600 - 0700 $5.60 726 3,014 89%$5.60 738 3,088 91%$5.60 646 2,882 85%$5.60 499 2,023 60%$5.40 662 2,750 81% 0700 - 0800 $6.15 650 2,969 87%$6.15 666 3,039 89%$6.15 643 3,031 89%$6.15 796 3,367 99%$5.95 500 2,431 72% 0800 - 0900 $5.60 365 2,697 79%$5.60 325 2,793 82%$5.60 405 2,877 85%$5.60 427 3,024 89%$5.40 326 2,391 70% 0900 - 1000 $4.50 289 2,317 68%$4.50 299 2,211 65%$4.50 311 2,590 76%$4.50 349 2,737 81%$4.50 301 2,012 59% AM Time Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. Price HOV Vol. Cap. 0400 - 0500 $3.35 459 1,327 39%$3.35 456 1,262 37%$3.35 484 1,348 40%$3.35 497 1,348 40%$3.35 396 1,159 34% 0500 - 0600 $5.40 833 2,928 86%$5.40 879 2,909 86%$5.40 898 3,024 89%$5.40 869 3,004 88%$5.15 786 2,555 75% 0600 - 0700 $5.60 733 2,939 86%$5.60 721 3,089 91%$5.60 753 3,215 95%$5.60 696 2,992 88%$5.40 668 2,678 79% 0700 - 0800 $6.15 678 3,009 89%$6.15 644 3,018 89%$6.15 666 3,045 90%$6.15 655 3,005 88%$5.95 477 2,400 71% 0800 - 0900 $5.60 332 2,584 76%$5.60 356 2,793 82%$5.60 391 2,853 84%$5.60 387 2,751 81%$5.40 342 2,185 64% 0900 - 1000 $4.50 299 2,397 71%$4.50 352 2,700 79%$4.50 366 2,564 75%$4.50 321 2,446 72%$4.50 358 2,090 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 $3.35 455 1,330 39%$3.35 483 1,374 40%$3.35 510 1,387 41%$3.35 499 1,377 41%$3.35 372 1,157 34% 0500 - 0600 $5.40 785 2,821 83%$5.40 845 2,906 85%$5.40 863 2,903 85%$5.40 862 2,928 86%$5.15 695 2,522 74% 0600 - 0700 $5.60 720 2,950 87%$5.60 768 3,124 92%$5.60 738 3,013 89%$5.60 703 2,987 88%$5.40 569 2,295 68% 0700 - 0800 $6.15 630 2,850 84%$6.15 689 2,982 88%$6.15 617 2,789 82%$6.15 681 2,913 86%$5.95 114 434 13% 0800 - 0900 $5.60 357 2,556 75%$5.60 421 2,841 84%$5.60 403 2,866 84%$5.60 383 2,802 82%$5.40 476 3,107 91% 0900 - 1000 $4.50 335 2,331 69%$4.50 347 2,670 79%$4.50 359 2,781 82%$4.50 320 2,600 76%$4.50 331 2,413 71% Monday 08/28/23 Tuesday 08/29/23 Wednesday 08/30/23 Thursday 08/31/23 Friday 09/01/23 Monday 09/04/23 Tuesday 09/05/23 Wednesday 09/06/23 Thursday 09/07/23 Friday 09/08/23 Monday 09/11/23 Tuesday 09/12/23 Wednesday Monday 09/18/23 Tuesday 09/19/23 Wednesday 09/27/23 Thursday 09/14/23 Friday 09/15/23 09/20/23 Thursday 09/28/23 Friday 09/29/23 Thursday 09/21/23 Friday 09/22/23 09/13/23 Monday 09/25/23 Tuesday 09/26/23 Wednesday 105 8 On-Road Operations OCTA Freeway Service Patrol responded to 83 calls during the month of September. Of those calls, 29 were to assist disabled vehicles, two were to remove debris, 24 were to tow vehicles, and 28 were to aid motorists in the 91 EL. OCTA OPERATIONAL HIGHLIGHTS 106 9 FINANCIAL HIGHLIGHTS OCTA 107 10 OPERATIONS OVERVIEW RCTC Trips SEP-23 MTD Actual Stantec MTD Projected # Variance % Variance SEP-22 MTD Actual Yr-to-Yr % Variance Full Toll Lanes 1,096,764 919,429 177,335 19.3%1,062,709 3.2% 3+ Lanes 346,699 343,429 3,270 1.0%292,699 18.4% Total Gross Trips 1,443,463 1,262,857 180,606 14.3%1,355,408 6.5% Revenue Full Toll Lanes $6,530,575 $4,612,571 $1,918,004 41.6%$5,511,833 18.5% 3+ Lanes $56,931 $0 $56,931 $48,479 17.4% Total Gross Revenue $6,587,506 $4,612,571 $1,974,934 42.8%$5,560,312 18.5% Average Revenue per Trip Average Full Toll Lanes $5.95 $5.02 $0.93 18.6%$5.19 14.7% Average 3+ Lanes $0.16 $0.00 $0.16 $0.17 (3.4%) Average Gross Revenue $4.56 $3.65 $0.91 25.0%$4.10 11.3% TRAFFIC AND REVENUE STATISTICS FOR RCTC Total traffic volume on the 91 EL for September 2023 was 1,443,463. This represents a daily average of 48,115 vehicles. This is a 6.5 percent increase in gross trips from the same period last year, which totaled 1,355,408. Potential toll revenue for September was $6,587,506, which represents an increase of 18.5 percent from the prior year’s total of $5,560,312. Carpool percentage for September was 24 percent as compared to the previous year’s rate of 21.6 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 September 2023. Current MTD as of September 30, 2023 108 11 The 2024 fiscal YTD traffic volume increased by seven percent, and potential toll revenue increased by 22.2 percent when compared with the same period the prior year. YTD average revenue per trip is $4.52. 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 2023 through September 2023. FY 2023-24 YTD as of September 30, 2023 Trips FY 2023-24 YTD Actual (7/2023-9/2023) Stantec YTD Projected # Variance % Variance FY 2022-23 YTD Actual (7/2022-9/2022) Yr-to-Yr % Variance Full Toll Lanes 3,406,507 2,833,571 572,936 20.2%3,250,905 4.8% 3+ Lanes 1,107,700 1,052,714 54,986 5.2%967,392 14.5% Total Gross Trips 4,514,207 3,886,286 627,921 16.2%4,218,297 7.0% Revenue Full Toll Lanes $20,237,172 $14,165,000 $6,072,172 42.9%$16,568,401 22.1% 3+ Lanes $180,560 $0 $180,560 $141,913 27.2% Total Gross Revenue $20,417,732 $14,165,000 $6,252,732 44.1%$16,710,314 22.2% Average Revenue per Trip Average Full Toll Lanes $5.94 $5.00 $0.94 18.8%$5.10 16.5% Average 3+ Lanes $0.16 $0.00 $0.16 $0.15 6.7% Average Gross Revenue $4.52 $3.64 $0.88 24.2%$3.96 14.1% 109 12 RCTC Traffic and Revenue Summary The chart below reflects the total trips broken down between full toll lanes and HOV3+ lanes for FY 2023-24 on a monthly basis. The chart below reflects the gross potential revenue breakdown between full toll lanes and HOV3+ lanes for FY 2023-24 on a monthly basis. 110 13 RCTC PEAK -HOUR VOLUMES In September, no toll rates were adjusted. RCTC evaluates traffic volumes for peak-period hours and adjusts rates according to the toll rate policy. RCTC EASTBOUND 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 $27.90 361 1,160 1,521 F 1500 - 1600 $27.60 382 997 1,379 F 1600 - 1700 $18.40 352 919 1,271 E 1700 - 1800 $8.95 333 1,006 1,339 F 1800 - 1900 $6.00 361 954 1,315 F 1900 - 2000 $4.75 338 826 1,164 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 $2.55 209 366 575 B $7.80 221 1,041 1,262 E $11.30 238 1,081 1,319 F $16.20 223 1,101 1,324 F $27.90 268 1,040 1,308 F 1500 - 1600 $2.55 212 328 540 B $10.10 277 979 1,256 E $14.25 261 950 1,211 E $18.40 264 969 1,233 E $27.60 281 912 1,193 D 1600 - 1700 $2.55 228 304 532 B $7.80 217 1,033 1,250 E $7.80 226 1,047 1,273 E $10.05 229 964 1,193 D $18.40 274 1,015 1,289 E 1700 - 1800 $2.55 216 301 517 B $6.00 200 1,024 1,224 E $6.00 228 946 1,174 D $7.80 236 988 1,224 E $8.95 291 1,002 1,293 E 1800 - 1900 $2.55 218 282 500 B $6.00 259 1,007 1,266 E $6.00 259 895 1,154 D $6.00 286 907 1,193 D $6.00 290 905 1,195 D 1900 - 2000 $2.55 262 268 530 B $4.75 237 770 1,007 D $4.75 288 891 1,179 D $6.00 301 861 1,162 D $6.00 273 747 1,020 D PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 215 981 1,196 D $7.80 209 1,041 1,250 E $11.30 218 1,058 1,276 E $16.20 230 998 1,228 E $27.90 294 1,053 1,347 F 1500 - 1600 $7.80 231 1,043 1,274 E $10.10 273 989 1,262 E $14.25 262 982 1,244 E $18.40 300 996 1,296 E $27.60 306 938 1,244 E 1600 - 1700 $6.00 192 1,061 1,253 E $7.80 195 1,030 1,225 E $7.80 239 1,013 1,252 E $10.05 239 961 1,200 D $18.40 281 931 1,212 E 1700 - 1800 $6.00 225 918 1,143 D $6.00 216 899 1,115 D $6.00 224 948 1,172 D $7.80 233 978 1,211 E $8.95 283 993 1,276 E 1800 - 1900 $6.00 263 844 1,107 D $6.00 268 877 1,145 D $6.00 264 848 1,112 D $6.00 224 968 1,192 D $6.00 323 997 1,320 F 1900 - 2000 $2.55 195 578 773 B $4.75 247 844 1,091 D $4.75 305 934 1,239 E $6.00 272 952 1,224 E $6.00 321 954 1,275 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 $6.00 228 1,080 1,308 F $7.80 195 1,072 1,267 E $11.30 220 1,092 1,312 F $16.20 228 1,144 1,372 F $27.90 324 1,073 1,397 F 1500 - 1600 $7.80 245 976 1,221 E $10.10 260 923 1,183 D $14.25 277 1,037 1,314 F $18.40 281 939 1,220 E $27.60 313 986 1,299 E 1600 - 1700 $6.00 187 863 1,050 D $7.80 211 953 1,164 D $7.80 240 1,023 1,263 E $10.05 267 989 1,256 E $18.40 278 1,008 1,286 E 1700 - 1800 $6.00 241 976 1,217 E $6.00 224 841 1,065 D $6.00 240 951 1,191 D $7.80 227 1,063 1,290 E $8.95 286 990 1,276 E 1800 - 1900 $6.00 295 919 1,214 E $6.00 269 924 1,193 D $6.00 315 941 1,256 E $6.00 282 895 1,177 D $6.00 341 968 1,309 F 1900 - 2000 $2.55 228 673 901 C $4.75 288 870 1,158 D $4.75 275 913 1,188 D $6.00 291 861 1,152 D $6.00 366 896 1,262 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 $6.00 239 979 1,218 E $7.80 189 916 1,105 D $11.30 236 1,045 1,281 E $16.20 239 1,015 1,254 E $27.90 312 1,071 1,383 F 1500 - 1600 $7.80 269 1,028 1,297 E $10.10 259 1,022 1,281 E $14.25 257 1,004 1,261 E $18.40 247 1,019 1,266 E $27.60 323 1,026 1,349 F 1600 - 1700 $6.00 219 990 1,209 E $7.80 238 917 1,155 D $7.80 231 1,026 1,257 E $10.05 244 1,040 1,284 E $18.40 276 917 1,193 D 1700 - 1800 $6.00 239 860 1,099 D $6.00 249 913 1,162 D $6.00 254 899 1,153 D $7.80 235 921 1,156 D $8.95 271 1,008 1,279 E 1800 - 1900 $6.00 260 810 1,070 D $6.00 257 841 1,098 D $6.00 297 915 1,212 E $6.00 282 914 1,196 D $6.00 326 969 1,295 E 1900 - 2000 $2.55 260 710 970 C $4.75 280 937 1,217 E $4.75 298 891 1,189 D $6.00 287 925 1,212 E $6.00 277 927 1,204 E Friday 09/01/23Monday Monday 09/04/23 Tuesday 09/05/23 Wednesday 09/06/23 Wednesday 08/30/2308/28/23 Tuesday 08/29/23 Thursday Monday Monday 09/18/23 Tuesday 09/19/23 09/25/23 Tuesday 09/26/23 Wednesday 09/27/23 Wednesday 09/29/23 Thursday 09/14/23 Friday 09/15/23 09/07/23 Friday 09/08/23 Thursday 08/31/23 09/11/23 Tuesday 09/12/23 Thursday 09/28/23 09/13/23 Wednesday 09/20/23 Thursday 09/21/23 Friday 09/22/23 FridayMonday 111 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 $6.00 141 646 787 B 1500 - 1600 $6.00 169 621 790 B 1600 - 1700 $3.35 137 555 692 B 1700 - 1800 $3.35 171 604 775 B 1800 - 1900 $3.35 190 617 807 C 1900 - 2000 $3.35 188 508 696 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $2.20 144 210 354 A $6.00 117 725 842 C $6.00 116 822 938 C $6.00 123 738 861 C $6.00 130 670 800 B 1500 - 1600 $2.20 129 211 340 A $6.00 152 683 835 C $6.00 123 706 829 C $6.00 137 658 795 B $6.00 128 605 733 B 1600 - 1700 $2.20 131 191 322 A $6.00 124 661 785 B $6.00 115 684 799 B $3.35 126 679 805 C $3.35 132 596 728 B 1700 - 1800 $2.20 136 165 301 A $3.35 135 617 752 B $3.35 142 631 773 B $3.35 125 603 728 B $3.35 156 591 747 B 1800 - 1900 $2.20 134 184 318 A $3.35 140 681 821 C $3.35 136 646 782 B $3.35 138 607 745 B $3.35 174 544 718 B 1900 - 2000 $2.20 155 191 346 A $3.35 151 557 708 B $3.35 161 584 745 B $3.35 184 666 850 C $3.35 156 460 616 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 125 649 774 B $6.00 152 808 960 C $6.00 135 759 894 C $6.00 139 760 899 C $6.00 123 679 802 C 1500 - 1600 $6.00 125 712 837 C $6.00 150 704 854 C $6.00 124 687 811 C $6.00 127 712 839 C $6.00 157 654 811 C 1600 - 1700 $3.35 114 693 807 C $6.00 115 610 725 B $6.00 124 652 776 B $3.35 105 623 728 B $3.35 129 557 686 B 1700 - 1800 $3.35 151 613 764 B $3.35 127 610 737 B $3.35 113 600 713 B $3.35 128 563 691 B $3.35 140 647 787 B 1800 - 1900 $3.35 150 587 737 B $3.35 144 601 745 B $3.35 131 627 758 B $3.35 129 638 767 B $3.35 153 559 712 B 1900 - 2000 $3.35 116 397 513 B $3.35 154 636 790 B $3.35 188 635 823 C $3.35 181 673 854 C $3.35 179 573 752 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 131 754 885 C $6.00 109 732 841 C $6.00 135 806 941 C $6.00 150 721 871 C $6.00 145 675 820 C 1500 - 1600 $6.00 148 629 777 B $6.00 144 671 815 C $6.00 141 687 828 C $6.00 146 654 800 B $6.00 161 708 869 C 1600 - 1700 $3.35 104 553 657 B $6.00 119 613 732 B $6.00 137 673 810 C $3.35 129 670 799 B $3.35 182 628 810 C 1700 - 1800 $3.35 129 632 761 B $3.35 100 541 641 B $3.35 124 648 772 B $3.35 117 679 796 B $3.35 105 390 495 B 1800 - 1900 $3.35 149 686 835 C $3.35 147 670 817 C $3.35 133 654 787 B $3.35 162 634 796 B $3.35 213 591 804 C 1900 - 2000 $3.35 150 489 639 B $3.35 182 631 813 C $3.35 202 616 818 C $3.35 152 641 793 B $3.35 207 498 705 B PM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 1400 - 1500 $6.00 143 733 876 C $6.00 120 603 723 B $6.00 144 765 909 C $6.00 130 718 848 C $6.00 146 683 829 C 1500 - 1600 $6.00 132 690 822 C $6.00 126 706 832 C $6.00 137 693 830 C $6.00 128 679 807 C $6.00 158 653 811 C 1600 - 1700 $3.35 127 675 802 C $6.00 115 592 707 B $6.00 116 651 767 B $3.35 133 709 842 C $3.35 157 595 752 B 1700 - 1800 $3.35 141 626 767 B $3.35 135 647 782 B $3.35 137 631 768 B $3.35 138 656 794 B $3.35 150 698 848 C 1800 - 1900 $3.35 150 562 712 B $3.35 137 631 768 B $3.35 162 676 838 C $3.35 162 601 763 B $3.35 175 568 743 B 1900 - 2000 $3.35 161 452 613 B $3.35 175 671 846 C $3.35 196 601 797 B $3.35 181 606 787 B $3.35 177 552 729 B 09/01/23Monday08/28/23 Tuesday 08/29/23 Wednesday 08/30/23 Thursday 08/31/23 Friday Monday 09/11/23 Tuesday 09/12/23 Wednesday 09/13/23 Wednesday 09/06/23 Thursday 09/07/23 Friday 09/08/23Monday09/04/23 Tuesday 09/05/23 Wednesday 09/27/23 Thursday 09/28/23 Friday 09/29/23Monday09/25/23 Tuesday 09/26/23 Monday 09/18/23 Tuesday 09/19/23 Wednesday 09/20/23 Thursday 09/21/23 Friday 09/22/23 Thursday 09/14/23 Friday 09/15/23 112 15 RCTC WESTBOUND 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 $2.55 227 425 652 B 0500 - 0600 $7.80 391 860 1,251 E 0600 - 0700 $13.15 376 1,027 1,403 F 0700 - 0800 $8.85 309 967 1,276 E 0800 - 0900 $6.00 198 827 1,025 D 0900 - 1000 $4.75 184 783 967 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $1.75 17 26 43 A $2.55 259 497 756 B $2.55 245 517 762 B $2.55 274 539 813 C $2.55 240 412 652 B 0500 - 0600 $1.75 26 58 84 A $15.05 479 1,089 1,568 F $15.05 397 1,201 1,598 F $13.50 465 1,086 1,551 F $7.80 428 1,014 1,442 F 0600 - 0700 $1.75 32 51 83 A $21.80 421 1,220 1,641 F $21.80 374 1,229 1,603 F $20.65 369 977 1,346 E $13.15 396 1,236 1,632 F 0700 - 0800 $1.75 76 106 182 A $20.45 446 1,178 1,624 F $20.45 389 1,279 1,668 F $19.35 617 1,622 2,239 F $8.85 348 1,105 1,453 F 0800 - 0900 $1.75 160 211 371 A $11.90 268 1,336 1,604 F $12.25 273 1,384 1,657 F $11.10 260 1,407 1,667 F $6.00 180 1,064 1,244 E 0900 - 1000 $1.75 295 436 731 B $7.80 262 1,488 1,750 F $7.80 215 1,522 1,737 F $7.80 249 1,324 1,573 F $4.75 179 850 1,029 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 $2.55 279 431 710 B $2.55 280 492 772 B $2.55 282 472 754 B $2.55 272 492 764 B $2.55 226 447 673 B 0500 - 0600 $11.65 450 1,041 1,491 F $15.05 520 1,054 1,574 F $15.05 503 1,098 1,601 F $13.50 400 873 1,273 E $7.80 429 1,000 1,429 F 0600 - 0700 $20.65 447 1,175 1,622 F $21.80 460 1,236 1,696 F $21.80 419 1,156 1,575 F $20.65 437 1,267 1,704 F $13.15 419 1,084 1,503 F 0700 - 0800 $18.10 416 1,213 1,629 F $20.45 458 1,277 1,735 F $20.45 432 1,183 1,615 F $19.35 569 1,447 2,016 F $8.85 352 1,064 1,416 F 0800 - 0900 $10.35 231 1,257 1,488 F $11.90 235 1,353 1,588 F $12.25 273 1,388 1,661 F $11.10 275 1,400 1,675 F $6.00 198 985 1,183 D 0900 - 1000 $6.00 168 952 1,120 D $7.80 192 1,251 1,443 F $7.80 177 1,168 1,345 E $7.80 188 1,175 1,363 F $4.75 149 792 941 C AM Time Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS Price HOV SOV Vol. LOS 0400 - 0500 $2.55 238 470 708 B $2.55 228 412 640 B $2.55 258 469 727 B $2.55 246 472 718 B $2.55 233 435 668 B 0500 - 0600 $11.65 505 1,097 1,602 F $15.05 528 1,062 1,590 F $15.05 525 1,021 1,546 F $13.50 487 1,133 1,620 F $7.80 443 974 1,417 F 0600 - 0700 $20.65 445 1,151 1,596 F $21.80 467 1,199 1,666 F $21.80 473 1,244 1,717 F $20.65 467 1,169 1,636 F $13.15 416 1,071 1,487 F 0700 - 0800 $18.10 461 1,246 1,707 F $20.45 430 1,304 1,734 F $20.45 436 1,310 1,746 F $19.35 427 1,312 1,739 F $8.85 309 982 1,291 E 0800 - 0900 $10.35 238 1,208 1,446 F $11.90 238 1,295 1,533 F $12.25 273 1,416 1,689 F $11.10 252 1,219 1,471 F $6.00 153 928 1,081 D 0900 - 1000 $6.00 160 898 1,058 D $7.80 168 1,104 1,272 E $7.80 175 1,037 1,212 E $7.80 214 1,024 1,238 E $4.75 120 813 933 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 $2.55 242 458 700 B $2.55 248 477 725 B $2.55 258 490 748 B $2.55 257 499 756 B $2.55 165 518 683 B 0500 - 0600 $11.65 447 1,049 1,496 F $15.05 473 1,030 1,503 F $15.05 515 1,077 1,592 F $13.50 496 1,066 1,562 F $7.80 322 1,070 1,392 F 0600 - 0700 $20.65 441 1,172 1,613 F $21.80 160 489 649 B $21.80 471 1,178 1,649 F $20.65 451 1,184 1,635 F $13.15 344 1,112 1,456 F 0700 - 0800 $18.10 403 1,243 1,646 F $20.45 50 250 300 A $20.45 426 1,237 1,663 F $19.35 470 1,258 1,728 F $8.85 286 1,172 1,458 F 0800 - 0900 $10.35 236 1,231 1,467 F $11.90 94 455 549 B $12.25 288 1,325 1,613 F $11.10 264 1,254 1,518 F $6.00 271 1,231 1,502 F 0900 - 1000 $6.00 172 1,051 1,223 E $7.80 40 196 236 A $7.80 207 1,218 1,425 F $7.80 205 1,167 1,372 F $4.75 174 983 1,157 D Friday 09/01/23Monday Monday 09/04/23 Tuesday 09/05/23 Wednesday 09/06/23 Wednesday 08/30/2308/28/23 Tuesday 08/29/23 Thursday Monday Monday 09/18/23 Tuesday 09/19/23 09/25/23 Tuesday 09/26/23 Wednesday 09/27/23 Wednesday 09/29/23 Thursday 09/14/23 Friday 09/15/23 09/07/23 Friday 09/08/23 Thursday 08/31/23 09/11/23 Tuesday 09/12/23 Thursday 09/28/23 09/13/23 Wednesday 09/20/23 Thursday 09/21/23 Friday 09/22/23 FridayMonday 113 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 $3.35 121 420 541 B 0500 - 0600 $7.75 238 799 1,037 D 0600 - 0700 $7.75 244 870 1,114 D 0700 - 0800 $7.75 177 834 1,011 D 0800 - 0900 $6.00 118 804 922 C 0900 - 1000 $6.00 119 718 837 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 $2.20 29 48 77 A $3.35 212 519 731 B $3.35 214 526 740 B $3.35 201 520 721 B $3.35 149 464 613 B 0500 - 0600 $2.20 37 58 95 A $10.00 307 1,064 1,371 E $10.00 223 1,196 1,419 F $10.00 328 1,089 1,417 F $7.75 274 925 1,199 D 0600 - 0700 $2.20 31 100 131 A $12.70 290 1,299 1,589 F $12.70 287 1,232 1,519 F $13.05 105 411 516 B $7.75 262 1,041 1,303 E 0700 - 0800 $2.20 48 98 146 A $11.15 272 1,094 1,366 E $11.15 198 1,275 1,473 F $10.00 172 956 1,128 D $7.75 150 924 1,074 D 0800 - 0900 $2.20 86 174 260 A $10.00 170 1,198 1,368 E $10.00 187 1,223 1,410 F $7.75 190 1,144 1,334 E $6.00 146 917 1,063 D 0900 - 1000 $2.20 138 276 414 B $7.75 154 943 1,097 D $6.00 135 1,097 1,232 E $6.00 141 947 1,088 D $6.00 127 778 905 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 $3.35 175 521 696 B $3.35 205 520 725 B $3.35 192 539 731 B $3.35 195 485 680 B $3.35 150 418 568 B 0500 - 0600 $10.00 309 1,037 1,346 E $10.00 313 1,113 1,426 F $10.00 317 1,084 1,401 F $10.00 225 793 1,018 D $7.75 285 934 1,219 E 0600 - 0700 $12.30 314 1,175 1,489 F $12.70 312 1,299 1,611 F $12.70 326 1,243 1,569 F $13.05 54 154 208 A $7.75 242 967 1,209 E 0700 - 0800 $10.00 225 1,133 1,358 E $11.15 230 1,164 1,394 E $11.15 219 1,215 1,434 F $10.00 221 1,170 1,391 E $7.75 162 828 990 C 0800 - 0900 $7.75 182 1,141 1,323 E $10.00 146 1,149 1,295 E $10.00 176 1,246 1,422 F $7.75 162 1,192 1,354 E $6.00 150 914 1,064 D 0900 - 1000 $6.00 110 760 870 C $7.75 138 974 1,112 D $6.00 108 879 987 C $6.00 121 950 1,071 D $6.00 127 712 839 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 $3.35 212 538 750 B $3.35 209 508 717 B $3.35 197 493 690 B $3.35 219 502 721 B $3.35 171 435 606 B 0500 - 0600 $10.00 314 1,077 1,391 E $10.00 313 1,132 1,445 F $10.00 345 1,120 1,465 F $10.00 327 1,112 1,439 F $7.75 279 900 1,179 D 0600 - 0700 $12.30 330 1,127 1,457 F $12.70 325 1,229 1,554 F $12.70 307 1,192 1,499 F $13.05 324 1,162 1,486 F $7.75 256 920 1,176 D 0700 - 0800 $10.00 211 1,061 1,272 E $11.15 211 1,152 1,363 E $11.15 219 1,153 1,372 E $10.00 214 1,108 1,322 E $7.75 147 870 1,017 D 0800 - 0900 $7.75 157 1,101 1,258 E $10.00 173 1,219 1,392 E $10.00 155 1,194 1,349 E $7.75 151 1,143 1,294 E $6.00 121 915 1,036 D 0900 - 1000 $6.00 133 795 928 C $7.75 137 1,035 1,172 D $6.00 152 922 1,074 D $6.00 121 892 1,013 D $6.00 139 680 819 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 $3.35 207 510 717 B $3.35 206 520 726 B $3.35 216 521 737 B $3.35 221 488 709 B $3.35 87 488 575 B 0500 - 0600 $10.00 288 1,074 1,362 E $10.00 353 1,127 1,480 F $10.00 323 1,085 1,408 F $10.00 329 1,077 1,406 F $7.75 200 999 1,199 D 0600 - 0700 $12.30 304 1,127 1,431 F $12.70 38 131 169 A $12.70 328 1,183 1,511 F $13.05 316 1,172 1,488 F $7.75 200 984 1,184 D 0700 - 0800 $10.00 212 1,091 1,303 E $11.15 50 250 300 A $11.15 253 1,186 1,439 F $10.00 266 1,129 1,395 E $7.75 170 938 1,108 D 0800 - 0900 $7.75 168 1,139 1,307 E $10.00 94 454 548 B $10.00 173 1,192 1,365 E $7.75 149 1,215 1,364 E $6.00 127 826 953 C 0900 - 1000 $6.00 124 862 986 C $7.75 40 196 236 A $6.00 144 978 1,122 D $6.00 126 904 1,030 D $6.00 134 757 891 C 09/01/23Monday08/28/23 Tuesday 08/29/23 Wednesday 08/30/23 Thursday 08/31/23 Friday Monday 09/11/23 Tuesday 09/12/23 Wednesday 09/13/23 Wednesday 09/06/23 Thursday 09/07/23 Friday 09/08/23Monday09/04/23 Tuesday 09/05/23 Wednesday 09/27/23 Thursday 09/28/23 Friday 09/29/23Monday09/25/23 Tuesday 09/26/23 Monday 09/18/23 Tuesday 09/19/23 Wednesday 09/20/23 Thursday 09/21/23 Friday 09/22/23 Thursday 09/14/23 Friday 09/15/23 114 17 On-Road Operations RCTC Freeway Service Patrol responded to 121 calls during the month of September. Of those calls, 94 were to assist disabled vehicles, 17 calls to remove debris, and ten were in response to accidents that affected the 91 EL. RCTC OPERATIONAL HIGHLIGHTS 115 18 FINANCIAL HIGHLIGHTS RCTC RCTC 91 Express Lanes Operating Statement 9/30/2023 Description Budget Dollar $Percent (%) Operating revenues: Toll Revenue 18,832,821.98$ 14,801,875.00$ 4,030,946.98$ 27.2 Fee Revenue 1,797,883.54 1,468,250.00 329,633.54 22.5 Total operating revenues 20,630,705.52 16,270,125.00 4,360,580.52 26.8 Operating expenses: Salaries and Benefits 217,164.30 225,250.00 8,085.70 3.6 Legal Services 2,191.29 51,250.00 49,058.71 95.7 Advisory Services 237.21 18,500.00 18,262.79 98.7 Audit and Accounting Fees 9,000.00 9,500.00 500.00 5.3 Service Fees (84.51) 2 3,250.00 3,334.51 102.6 Other Professional Services 141,244.58 313,125.00 171,880.42 54.9 Lease Expense 65,790.99 87,900.00 22,109.01 25.2 Operations 983,189.59 1,315,975.00 332,785.41 25.3 Utilities 13,036.72 42,150.00 29,113.28 69.1 Supplies and Materials 1,974.77 1,000.00 (974.77) (97.5) Membership and Subscription Fees - 6,500.00 6,500.00 100.0 Office Equipment & Furniture (Non-Capital)- 10,000.00 10,000.00 100.0 Maintenance/Repairs 86,283.03 125,500.00 39,216.97 31.2 Training Seminars and Conferences - 2,000.00 2,000.00 100.0 Transportation Expenses 316.49 725.00 408.51 56.3 Lodging 179.52 750.00 570.48 76.1 Meals 75.00 750.00 675.00 90.0 Other Staff Expenses 43.96 125.00 81.04 64.8 Advertising - 50,000.00 50,000.00 100.0 Program Management 18,839.13 21,775.00 2,935.87 13.5 Program Operations (499,303.76) 2 2,610,450.00 3,109,753.76 119.1 Litigation Settlement 1,017.97 1,250.00 232.03 18.6 Furniture & Equipment - 6,250.00 6,250.00 100.0 Improvements - 7,500.00 7,500.00 100.0 Bad Debt Expense 35,712.83 17,500.00 (18,212.83) (104.1) Total operating expenses 1,076,909.11 4,928,975.00 3,852,065.89 78.2 Operating income (loss)19,553,796.41 11,341,150.00 8,212,646.41 72.4 Nonoperating revenues (expenses): Interest Revenue 846,378.62 320,125.00 526,253.62 (164.4) Other Miscellaneous Revenue 30.61 - 30.61 N/A Loss on Refunding - - - N/A Principal Expense - - - N/A Interest Expense (6,238,558.82) (5,550,250.00) (688,308.82) 12.4 Total nonoperating revenues (expenses)(5,392,149.59) (5,230,125.00) (162,024.59) (3.1) Transfers In - - - N/A Transfers Out (204,300.00) (255,900.00) 51,600.00 (20.2) Net income (loss)13,957,346.82$ 5,855,125.00$ 8,102,221.82$ 138.4 1 Unaudited 2 Negatives are the result of FY2022/23 accruals YTD as of : YTD Variance Actual 1 116 19 JOINT AGENCY TRIP AND REVENUE STATISTICS JOINT AGENCY TRAFFIC STATISTICS MULTI AGENCY TRIP AND REVENUE STATISTICS MONTH ENDING September 30, 2023 MTD Transactions by Agency Transactions Using Both Segments % Using Both Segments Revenue Westbound OCTA 869,027 629,818 72%$2,521,764 RCTC 766,133 629,818 82%$3,743,214 Eastbound OCTA 859,010 564,455 66%$3,002,287 RCTC 677,330 564,455 83%$2,844,292 117 20 JOINT AGENCY PERFORMANCE MEASURES REPORTING REQUIREMENT REPORTING PERIOD PERFORMANCE STANDARD September 2023 PERFORMANCE Customer Service Service Level /Speed of Answer Monthly 80% answered within 60 seconds 89% answered within 60 seconds Abandon Percentage Monthly 4 % < 0.65% Customer Satisfaction Score Monthly 4.5 => 4.89 First Contact Resolution Monthly 85% of calls resolved on the first contact 92% Timeliness of Case Resolution Monthly 90% of cases resolved in one (1) business day 98% Monthly 98% of cases resolved within five (5) business days 99% 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 processed within five (5) 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 completely and accurately issued within five (5) business days 100% JOINT AGENCY TRANSPONDER DISTRIBUTION 118 21 At the end of September 2023, the 91 EL had 172,326 active customer accounts and 675,410 transponders classified as assigned. Number of Accounts by FY As of September 30, 2023 119 AGENDA ITEM 6H Agenda Item 6H RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: John Tarascio, Senior Capital Projects Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Reporting of Contract Change Orders for Construction Contracts STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file the Quarterly Report of Contract Change Orders for Construction Contracts for the three months ended December 31, 2023. BACKGROUND INFORMATION: During the past quarter, October through December 2023, the Commission has had the following projects under construction: 1. Mid County Parkway (MCP) Placentia project 2. SR-71 / SR-91 Interchange Project 3. I-15 Railroad Canyon Interchange project 4. MVMF Platform and Track Expansion 5. SR-60 Truck Lanes Project 6. 15/91 Express Lanes Connector DISCUSSION: At the direction of the Executive Committee at its March 2021 meeting, a report will be filed each quarter listing the construction contract change orders that were issued in the previous quarter. The following table summarizes the Contract Change Orders that occurred in the 4th quarter (2nd quarter of Fiscal Year 2023/24). 120 Agenda Item 6H FISCAL IMPACT: The Contract Change Orders were executed using available contingency authorized with the construction contract for each project. 121 AGENDA ITEM 6I Agenda Item 6I RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: Tyler Madary, Legislative Affairs Manager THROUGH: Anne Mayer, Executive Director SUBJECT: State and Federal Legislative Update STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file a state and federal legislative update. BACKGROUND INFORMATION: State Update Fiscal Year 2024-2025 Budget Proposal On January 10, Governor Gavin Newsom released his budget proposal for Fiscal Year 2024-25, totaling $291.5 billion. The budget anticipates an overall deficit of $37.9 billion, compared to a report by the Legislative Analyst’s Office expecting a $68 billion deficit. Governor Newsom proposes to balance the budget by utilizing state reserves as well as funding reductions, shifts, delays, and deferrals. The Governor proposes to delay $1 billion of $2 billion in formula funding available under the Transit and Intercity Rail Capital Program (TIRCP) from FY 2024-25 to FY 2025-26. Additionally, $261.4 million of the $1 billion in TIRCP funding left available in FY 2024-25 will shift from the General Fund to the Greenhouse Gas Reduction Fund (GGRF). This proposed delay and shift in funding source would be a change to SB 125, a FY 2023-24 budget trailer bill that provided one-time funding increases to transit capital projects and operations over two years. SB 125 also included funding over four years for zero emissions transitions for transit operators. RCTC staff is cautiously optimistic that the approximately $123.4 million in FY 2023-24 formula TIRCP funds RCTC received, which Commissioners have already programmed to critical projects such as the Coachella Valley Rail Project, will remain untouched. However, staff will engage to advocate for the importance of preserving SB 125 funding levels, schedules, and programming, as is. 122 Agenda Item 6I The proposed budget would also delay $2.1 billion in competitive TIRCP funding approved in FY 2021-22 to as late as FY 2027-28 to better align the budget with expenditure schedules and shifts $529 million from the General Fund to the GGRF. Governor Newsom proposes to reduce future funding for the Active Transportation Program by $200 million in order to prevent a commensurate cut in FY 2024-25, and also further delays $400 million from 2021-2022 to align the budget with expenditure schedules. Additionally, $100 million for the Port and Freight Infrastructure Program would be delayed from FY 2024-25 to FY 2026-27. Notably, the budget proposal calls for a $300 million reduction out of $600 million available under the Regional Early Action Planning (REAP 2.0) program. Funding for this program was previously awarded in July 2023 and is intended to integrate housing and climate goals while allowing for broader planning and implementation investments at the regional and local levels. The Southern California Association of Governments (SCAG) received $237 million in REAP 2.0 funding, more than $11 million of which was awarded to five projects in Riverside County, all of which have already started work: • Riverside Transit Agency GoMicro Microtransit Pilot Program Extension ($2,378,635) • CVAG Vehicle Miles Traveled Study ($2,005,000) • RCTC Core Capacity Innovative Transit Study ($3,000,000) • City of Coachella Rail Station Feasibility Study and Integrated Land Use and Transit Network ($2,005,000) • CVAG (CV) Link Community Connectors Analysis ($1,700,000) While as of the publish date of this report it remains unclear which specific programs under REAP 2.0 are at risk of cuts, staff will work with SCAG to underscore the importance of funding projects in Riverside County, all aimed at promoting housing development while reducing congestion, greenhouse gas emissions, and vehicle miles traveled. The Governor’s budget proposal release is the first step in the annual budgetary process. The Legislature will move to hold budget committee hearings over the coming months before Governor Newsom releases his May Revision with updated revenue projections. Staff will further engage the Legislature and the Governor’s Administration to underscore the importance of protecting transportation funding programs critical to keeping Riverside County moving. Federal Update On January 7, the Speaker of the House and Senate Majority Leader announced a deal on topline spending for Fiscal Year 2024 Appropriations. The deal largely mirrors the budget agreement reached by the President and House leadership earlier in 2023. However, this gave Congress a short timeframe to pass budget legislation related to Agriculture, Energy-Water, Military Construction-Veterans Affairs, and Transportation-Housing and Urban Development by January 123 Agenda Item 6I 19 and all other budget bills by February 2 to avoid a government shutdown. As a result, Congressional leaders approved an additional Continuing Resolution on January 18 to extend current funding levels for programs expiring on January 19 through March 1, and those expiring on February 2 through March 8. Congress will continue deliberations in efforts to pass full-year appropriations legislation prior to these new deadlines. FISCAL IMPACT: This is a policy and information item. There is no fiscal impact. Attachment: Legislative Matrix – February 2024 124 RIVERSIDE COUNTY TRANSPORTATION COMMISSION - POSITIONS ON STATE AND FEDERAL LEGISLATION – FEBRUARY 2024 Legislation/ Author Description Bill Status Position Date of Board Adoption AB 6 (Friedman) This bill provides significant new oversight to the California Air Resources Board in the approval process of a metropolitan planning organization’s Sustainable Communities Strategy and the methodology used to estimate greenhouse gas emissions. These new burdensome requirements will likely result in significant delays to transportation projects. Passed the Assembly, referred to the Senate Transportation and Environmental Quality Committees on June 14, 2023. Two-year bill. September 15, 2023 Oppose Based on Platform 5/24/2023 AB 7 (Friedman) This bill requires the California State Transportation Agency, California Department of Transportation, and California Transportation Commission to consider specific goals as part of their processes for project development, selection, and implementation. AB 7 may impact the allocation of billions of dollars in state transportation funding, infringing on RCTC’s ability to deliver critically needed transportation infrastructure in Riverside County. Ordered to the inactive file. Two-year bill. September 11, 2023 Oppose Based on Platform 5/25/2023 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. Additionally, the bill was amended on April 18 to subject a county transportation expenditure plan prepared by the Fresno County Transportation Authority (FCTA) to the requirements of the California Environmental Quality Act. Hearing postponed by the Local Government Committee on April 24, 2023. Two-year bill. April 28, 2023 Oppose Based on platform 4/10/2023 AB 1385 (Garcia) This bill would raise RCTC’s maximum tax rate authority from 1% to 1.5%. Approved by the Governor. October 8, 2023 Support 3/8/2023 125 Legislation/ Author Description Bill Status Position Date of Board Adoption 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 priority populations. Held under submission in the Assembly Appropriations Committee on May 18, 2023. Two-year bill. May 18, 2023 Oppose Based on platform 4/11/2023 SB 617 (Newman) This bill, until January 1, 2029, 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 for up to 10 public works projects in excess of $5 million for each project. The bill would specify that the authority to use the progressive design-build process. Approved by the Governor. October 4, 2023 Support Based on platform 4/5/2023 126 AGENDA ITEM 6J Agenda Item 6J RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Eric DeHate, Transit Manager Monica Morales, Senior Management Analyst THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Years 2024/25 – 2026/27 Measure A Specialized Transit Call for Projects Program Guidelines WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the Fiscal Years 2024/25 – 2026/27 Measure A Specialized Transit Program Guidelines; and 2) Direct staff to release the FYs 2024/25 – 2026/27 Measure A Specialized Transit Call for Projects for $13,127,000 for Western Riverside County (Western County) on February 14, 2024. BACKGROUND INFORMATION: The 2009 Measure A Expenditure Plan allocates approximately 11.6 percent of the annual revenues from the 2009 Measure A Western County program to public transit. The public transit allocation is then distributed among five programs, namely: specialized transit services, specialized transit-consolidated transportation service agency operations, commuter rail, intercity bus, and commuter services. The Measure A Specialized Transit Program receives about 1.9 percent of the 11.6 percent for public transit. The program provides funding to benefit older adults, persons with disabilities, and/or those that are most vulnerable and truly needy in Western County. In Western County, this funding has been distributed through a competitive process to a wide array of non-profit and community organizations that serve these constituencies for specialized transit services for persons with disabilities and older adults. In the Coachella Valley, the 2009 Measure A Expenditure Plan allocates an even higher percentage of funding for public transit (15 percent) than in Western County. This funding is allocated directly to SunLine Transit Agency. Currently, Measure A is utilized by SunLine to improve and expand public transit and specialized transportation services. The goals of the Measure A Specialized Transit Program for western Riverside County are to: 127 Agenda Item 6J • Support directly operated services that expand or extend existing services, which, if not funded by Measure A funds, would leave an area and/or special population without alternate service options; • Support existing services that offer an improved level of service coordination with the existing transportation network; • Expand new services that leverage other revenue sources, can be administered in a cost- effective manner, and will not require long term support from Measure A funding; and • Support new and expansion of existing services including transportation for veterans and shuttles including, but not limited to, nutrition and medical services. Projects that are eligible under the program include operating and capital projects such as senior transportation shuttles, non-emergency medical transportation services, bus pass/voucher programs, mileage reimbursement programs, travel training, vehicle and maintenance equipment, communications and dispatch equipment, and mobility management. DISCUSSION: A Call for Projects is held every three years to distribute Measure A Specialized Transit funding in Western County. The last Call for Projects provided over $9.1 million to 16 recipients, and these funding contracts will end June 30, 2024. Total projected funding available for FYs 2024/25 – 2026/27 for the upcoming Call for Projects is shown in Table 1. Table 1. Summary of Available Funding Fiscal Years 2024/25-2026/27 Fiscal Year Total 2025 $4,289,000 2026 $4,375,000 2027 $4,463,000 TOTAL $13,127,000 Staff anticipates strong competition for the available funds as prior calls for projects have been oversubscribed. Staff has reviewed the current program guidelines and recommends minor revisions as summarized in Table 2. The purpose of these changes is to improve the delivery of services, such as cost effectiveness, equitable distribution, and needs and priorities based on the 2021 Public-Human Services Coordinated Plan. 128 Agenda Item 6J Table 2. Summary of Revisions for Measure A Specialized Transit Program Guidelines Area/Criteria Current Proposed Revision Matching Funds 34% match for operating 50% match for capital Allow flexibility for transportation- only programs to receive a lower match requirement for operating and capital funds based on a case- by-case basis. Eligible Projects Type Voucher programs can be used for fixed-route and public demand response services. Voucher programs can only be used for fixed-route services for regional programs. Eligible Project Costs Defines types of indirect costs and limits indirect costs to 8%. Added additional requirement that indirect costs methodology and explanation is required for organizations that are not transportation-only focused. Transportation-only focused applicant is defined as an organization that has a core mission or service other than transportation. Scoring Criteria Capital projects for replacement and expansion vehicles are combined into one application and scored based on narrative. Separated scoring criteria for replacement and expansion vehicles. Added more specific quantitative scoring criteria for replacement vehicles based on age and mileage. Grant Reporting Grant Reporting section describes monthly reporting, meetings, planning processes and auditing, and compliance. Moved Grant Reporting section to new section “Post Award Guidance” and added more details on invoicing, reporting, and budget modification requirements. Staff has been engaged with the current specialized transit operators to understand their needs with the ongoing COVID-19 impacts. Staff used these one-on-one settings to solicit feedback from the operators on how to improve the Measure A Specialized Transit Program Call for Projects. Additionally, staff contracts with AMMA Transit Planning to perform a compliance and site visit to each of the specialized transit operators during the Call for Projects cycle. Feedback from these activities helped shape the updated program guidelines. As with prior Calls for Projects, applicants will need to indicate how their proposed project will coordinate trips and/or services with existing transportation providers including public and non- profit agencies. Projects should not duplicate existing services currently provided by public transit operators. 129 Agenda Item 6J Staff recommends that the Commission approve the revised program guidelines (Attachment 1) and release of the FYs 2024/25 – 2026/27 Call for Projects. Upon approval, the final guidelines and application will be posted on the Commission’s website, and proposers will have until March 14, 2024, to submit applications. An application workshop will also be available for applicants on February 20, 2024, to review the application process, scoring criteria, and program evaluation. The evaluation and selection of applications will be completed in April 2024, and the recommendations for funding awards to successful applicants will be presented to the Commission for approval at its May 2024 meeting. There is no financial impact for this item in FY 2023/24, as no funds are being awarded at this time. Upon Commission approval of funding awards in May, future program expenditures will be included in the respective budget years, beginning in FY 2024/25. Attachment: FY 2024/25 – 2026/27 Measure A Specialized Transit Program Call for Projects Program Guidelines for Western Riverside County Approved by the Western Riverside County Programs and Projects Committee on January 22, 2024 In Favor: 10 Abstain: 0 No: 0 130 FY 2024/25 – 2026/27 Measure A Specialized Transit Call for Projects for Western Riverside County PROGRAM GUIDELINES 131 1 TABLE OF CONTENTS INTRODUCTION ..................................................................................................................................... 2 1. Background ................................................................................................................................. 2 2. Program Goals ............................................................................................................................ 2 3. Program Schedule ...................................................................................................................... 3 FUNDING OVERVIEW ............................................................................................................................ 4 4. Funding Source ........................................................................................................................... 4 5. Programming Cycle and Available Funds ................................................................................... 4 6. Matching Funds .......................................................................................................................... 4 7. Reimbursement .......................................................................................................................... 5 ELIGIBILITY/PROGRAM REQUIREMENTS ............................................................................................... 6 8. Eligible Applicants ...................................................................................................................... 6 9. Consistency with the Coordinated Plan ..................................................................................... 6 10. Number of Applications Per Applicant ..................................................................................... 6 11. Minimum and Maximum Grant Award Per Project ................................................................. 6 12. Eligible Project Types ................................................................................................................ 7 13. Eligible Project Costs ................................................................................................................ 8 PROJECT EVALUATION AND SCORING CRITERIA ................................................................................. 10 14. Project Evaluation .................................................................................................................. 10 15. Scoring Criteria ....................................................................................................................... 10 APPLICATION PROCESS ....................................................................................................................... 18 16. Application Form .................................................................................................................... 18 17. Application Deadline .............................................................................................................. 18 18. Application Workshop ............................................................................................................ 18 POST AWARD GUIDANCE .................................................................................................................... 19 19. Notification of Award ............................................................................................................. 19 20. Contract Execution ................................................................................................................. 19 21. Technical Workshop for Award Recipients ............................................................................. 19 22. Invoicing ................................................................................................................................. 19 23. Monthly Reporting ................................................................................................................. 20 24. Quarterly Reporting ............................................................................................................... 20 25. Annual Reporting ................................................................................................................... 20 26. Budget Modifications ............................................................................................................. 20 27. Recipient Meetings and Planning Participation ..................................................................... 21 28. Annual Audit ........................................................................................................................... 21 29. Compliance and Performance Site Visit ................................................................................. 22 132 2 I NTRODUCTION 1. BACKGROUND The Measure A Specialized Transit Program was first approved by Riverside County voters in 1989 and reauthorized in 2009 within the Measure A ordinance. The purpose of the program is to target seniors, persons with disabilities, and/or individuals who are “truly needy 1 .” These specialized services meet the needs of the most vulnerable population in Western Riverside County that are typically outside of the public fixed-route bus and Dial-A-Ride service areas or have specific needs that may not be met using traditional services. Since 2009, the program has awarded over $40 million, and provides nearly 250,000 trips annually in Western Riverside County. Applications to the program are submitted every three years through a competitive Call for Projects. 2. PROGRAM GOALS The goals of the program are to: • Support directly operated services that expand or extend existing services, which, if not funded by Measure A funds, would leave an area and/or disadvantaged population without alternate service options; • Support existing services that offer an improved level of service coordination with the existing transportation network; • Expand new services that leverage other revenue sources, can be administered in a cost- effective manner, and • Support new and expansion of existing services including transportation for veterans and shuttles including, but not limited to, nutrition and medical services. 1 Truly needy is defined by the current State/Federal poverty guidelines by US Department of Health and Human Services. For more information see Table 3. Applicants may also use US Department of Housing and Urban Development information described after Table 3. 133 3 3. PROGRAM SCHEDULE Date* Action February 14, 2024 Commission Approves Guidelines and Release of FY 2025 – 2027 Call for Projects February 20, 2024 Pre-Application Workshop March 14, 2024 Applications due to RCTC by 4:00 PM March 15 - 29, 2024 Selection Committee to review project applications April 22, 2024 Award Recommendations presented to the Western Riverside County Programs and Projects Committee May 8, 2024 Award Recommendations Submitted to the Commission for Final Approval May 8, 2024 Notification to Award Recipients; Begin contract execution process June 18, 2024 Technical Workshop for Award Recipients July 1, 2024 Start of FY 2024/25 Program Year August 10, 2024 First month Progress Report and Request for Reimbursement due. *Dates are tentative and subject to change. 134 4 FUNDING OVERVIEW 4. F UNDING SO URCE Measure A is the half-cent, voter approved sales tax in Riverside County. The 2009 Measure A extends the revenues through 2039. Funds go back to each of the three geographic areas within Riverside County: Western Riverside County, Coachella Valley, and Palo Verde Valley. In Western Riverside County, approximately 12% is allocated towards public transit, a portion of which is used to fund the Measure A Specialized Transit Program. This Call for Projects is only available for Western Riverside County, between the Orange County border to the west, the San Bernardino County border to the north, Cabazon/Banning to the east, and San Diego County border to the south. The Measure A ordinance requires that these funds shall not supplant any other type of funding already in use for the proposed purpose. Measure A funding is intended to supplement and extend existing projects and activities, NOT supplant dollars that are otherwise available to support your specialized transportation program. 5. PROGRAMMING CYCLE AND AVAIL A BLE FUNDS A total of $13,127,000 is estimated for the Call for Projects, which covers Fiscal Years (FY) 2024/25 – FY 2026/27. Table 1 below, identifies the amount of projected revenues for the next three years. TABLE 1 Available Funding FY 2024/25 FY 2025/26 FY 2026/27 Total Measure A $4,289,000 $4,375,000 $4,463,000 $13,127,000 6. MATCHING FUNDS The Commission encourages applicants to leverage and utilize other funding sources as much as possible to allow for Measure A funding to be maximized throughout Western Riverside County. Qualifying matching funds can include but is not limited to: Federal Transit Administration (FTA) Section 5310 funds, Community Development Block Grant (CDBG) funds, private donations, other locally generated funds, and in-kind match. In-kind match includes contributed nonfinancial assets including fixed assets such as land, buildings, and equipment; the use of fixed assets or 135 5 utilities; materials and supplies such as food, clothing, or pharmaceuticals; intangible assets; and/or recognized volunteer or donated services. Table 2 summarizes the maximum Measure A allowed for a project and matching minimum requirements by project type. TABLE 2 Measure A Matching Requirements Project Types Measure A Maximum Share Request Match Minimum* Operating Projects 66% 34% Capital Projects 50% 50% *Applicants that are transportation-only focused may be granted a lower match minimum for operating and capital projects on a case-by-case basis. Support for operating services continues to be the greatest need and will receive a higher share of Measure A funds, up to 66% of the total project cost. Support for capital projects is eligible for up to 50% of the total project cost. Applicants seeking capital assistance should utilize the FTA Section 5310 program as the primary resource to the maximum extent possible. Applicants that are transportation-only focused can request a lower match minimum for operating and capital projects. Those applicants would need to provide a letter on the minimum match they are able to commit to for the Call for Projects and provide justi fication on why they would need that reduced match requirement. This would be an additional attachment to the financial section of the application. If an applicant’s core mission is to provide another service and transportation is a component of that mission, then the applicant would not be able to request a reduction to the minimum match requirement. Additional information regarding eligible project types can be found under Eligible Project Types. 7. REIMBURSEMENT This is a reimbursement program for eligible costs incurred. All invoices are subject to a 30 -day payment schedule. The 30-day payment schedule is contingent upon the date when the correct invoice is submitted for payment. 136 6 ELIGIBILITY/PROGRAM REQUIREMENTS 8. ELIGIBLE APPLICANTS Eligible applicants include local government agencies, human and social services agencies, tribal governments, and private non-profit organizations. Eligible Measure A projects may request up to three years of funding per project. 9. C ONSISTENCY WITH THE C OORDINATED P LAN The program requires that all projects selected for funding be consistent with the needs, strategies and priorities identified in the Public Transit-Human Services Transportation Coordination Plan (Coordinated Plan) for Riverside County 2021 Update. The Coordinated Plan document is available online at www.rctc.org. The Coordinated Plan identifies existing services, unmet needs and service gaps, as well as strategies by which to meet these needs on behalf of older adults, individuals with disabilities and low-income individuals. 10. NUMBER OF APPLICATIONS P ER APPLICANT There is no limit to the number of applications submitted per applicant. If an applicant submits more than one project for consideration, applicants should rank their projects. If funding is constrained, it is possible that only one project may get fully funded. If an eligible applicant is requesting operating funds for existing services and capital funds for a replacement vehicle, the applicant will need to submit two applications, one for operating and one for capital. If an applicant is requesting funds for operating funds for existing services and expanding service with the existing fleet, then only one application will be required. If, however, an applicant is requesting operating funds for existing services and is requesting a vehicle for expansion of services, then two applications will be required. 11. MINIMUM AND M AXIMUM GRANT AWARD PER PROJECT There is no minimum award requirement. The maximum amount any one project can receive is equal to or less than 18 percent ($2,362,860) of the total Measure A funding available. Applicants should be mindful of the overall funding availability and size their projects responsibly. The amounts requested must be appropriate to the nature of the proposed project, the benefits to be achieved, and the cost-effectiveness of the project. The Commission reserves the right to negotiate the total amount of funding a project should receive. 137 7 12. ELIGIBLE PROJECT T YPES Operating and capital projects are eligible under the program; however, priority will be given to projects that provide services and/or enhance services to ADA eligible individuals in a cost- effective manner and to projects that serve the non-emergency medical transportation needs of Western Riverside County residents. For capital projects, priority will be provided to applicants replacing aging or updating equipment to provide existing services. The various types of eligible operating and capital activities are listed below. Operating Assistance Projects: • Non-emergency medical transportation services • Specialized, targeted population shuttles to persons with disabilities and/or individuals who are truly needy • Senior transportation shuttles • Demand response services • Volunteer driver programs • Voucher/ bus pass purchase programs for fixed-route services are restricted for regional programs that serve Western Riverside County residents • Mileage reimbursement programs • Travel training Capital Projects • Replacement of lift-equipped vehicles • Expansion for the purchase of new lift-equipped vehicles • Vehicle-related equipment for maintenance • Rehabilitation and overhaul of aging vehicles to extend useful life • Communications and dispatch equipment • Software to facilitate dispatch. • Other special equipment to facilitate transportation to the target population groups ( installation of wheelchair lifts, in-vehicle technology, personal protective equipment etc.) • Mobility management • Vehicle leases Truly needy is based on the current State/Federal poverty guidelines for 2023, as shown in Table 3. 138 8 TABLE 3 2023 Federal Poverty Guidelines (FPG) for the 48 Contiguous States and the District of Columbia Persons in family/household Poverty guideline (100% of FPG) 1 $14,580 2 $19,720 3 $24,860 4 $30,000 5 $35,140 6 $40,280 7 $45,420 8 $50,560 For families/households with more than 8 persons, add $5,140 for each additional person. Source: US Dept. of Health and Human Services https://aspe.hhs.gov/poverty-guidelines Federal poverty guidelines are made available by the U.S. Department of Health and Human Services every year in January. Grantees are required to update their internal poverty eligibility guidelines annually. Applicants may also use low-income criteria and datasets from the U.S. Department of Housing and Urban Development at https://www.huduser.gov/portal/datasets/il.html 13. ELIGIBLE PROJECT COSTS Eligible project costs are either direct costs or indirect costs. Operating Assistance Projects Direct costs are expenses that are specifically associated with a given service, program, department and can be clearly associated with a particular functional category. Examples of direct costs include salaries and benefits of direct staff and supervisors, professional services, drivers, schedulers, and trainers, fuel, insurance, and additional costs that can be directly linked to the proposed project. If an applicant is only transportation focused, then all costs should be direct costs. 139 9 If an applicant ’s core mission is to provide another service and transportation is a component of that mission, then the applicant would have both direct and indirect costs. Indirect costs are expenses that cannot be specifically associated with a given service, program, or department and thus, cannot be clearly associated with a particular functional category. Examples of indirect costs may include administrative overhead, space and equipment rental, utilities, insurance, and office supplies. If this is the case for an applicant, a narrative or table description of each cost line item would need to be provided for all direct costs related to the transportation component and the proportional share of indirect costs and the methodology that the transportation component would be responsible to pay for needs to be included. Applicants should be mindful of the programs utilizing shared resources when considering eligible project costs. Measure A may only pay up to a maximum of 8% for indirect costs. RCTC reserves the right to propose an alternative indirect cost rate if the indirect costs and narrative description are not reasonable. Capital Projects Only direct costs are eligible for capital type projects. Capital projects cannot incur indirect costs. In addition, applicants should be mindful of shared resources from multiple programs. For example, if a bus or van is utilized by two programs where one is eligible for Measure A and the other is not eligible, only the proportional cost of the bus or van will be funded through the Measure A program. Applicants should be cognizant of the programs utilizing shared resources when considering eligible project costs. 140 10 PROJECT EVALUATION AND SCORING CRITERIA 14. PROJECT EVALUATION The primary focus of this Call for Projects continues to be the provision of trips, as these can be most clearly documented and concretely demonstrated by filling existing service gaps. Additionally, the cost per trip, the agency’s ability to exercise sufficient financial control, and their ability to meet program reporting standards will be important factors in the project evaluation process. Preference will be given during the project evaluation phase to those agencies that seek out ways to coordinate with the existing transportation network and can demonstrate ability to properly administer the funds in a cost-effective manner while providing service to the target populations. RCTC will use a selection committee to review and rank applications and provide award recommendations to Commission staff. Commission staff anticipates determining the number of awards to stretch funding to address as many gap areas and target population needs as may be possible. RCTC reserves the right to identify and make available alternative funding types, from what is proposed or to negotiate final funding levels. Large funding requests, if approved for funding, could be partially funded at the discretion of the Commission. 15. S CORING CRITERIA There are five main sections that the projects will be evaluated on for a total of 100 points. Section I – Agency Profile – Project Summary (5 points) Section II – Organizational Capabilities (10 points) Section III – Project Narrative (60 points) Section IV – Coordination Activities (5 points) Section V – Financial Assessment and Project Budget (20 points) The following details the criteria that will be used to evaluate projects. Section I – Agency Profile – Project Summary (Total of 5 points) This section is a table which will be filled out resulting in a project summary. Evaluators will be looking for the following information in this section: • Is the application complete? • Are the calculations accurate? 141 11 • Is this section consistent with other sections? Section II – Organizational Capabilities (Total of 10 points) This section is looking at the capabilities of your organization and is broken into three parts. Evaluators will be looking for the following information in this section: PART A (8 points) • Does the applicant have the experience to perform the proposed project? • Does the proposed project match the primary mission of the applicant? • Does the applicant have adequate facilities and fleet size for the proposed project? • Does the applicant identify the key personnel and have the qualifications for the proposed project? PART B (1 point) • Does the applicant identify the target population? PART C (1 point) • Does the applicant detail the current population and show its service area? Section III – Proposed Project Narrative (Total of 60 points) This is the largest section and should provide the details of your proposed project. This section is divided into five different parts. Evaluators will be looking for the following information in this section: PART A. Project Narrative (All Project Types) (25 points) • Does the applicant describe the project, the service or project type, and service area? • Does the applicant describe the roles and responsibilities of key personnel? o Did the applicant provide an organizational chart? o Did the applicant provide a responsibility matrix? • Does the applicant provide the days and hours of operation? • Does the applicant describe the target population? • Does the applicant describe how potential customers are informed about the available program? PART B – Implementation Plan (20 points) Applicants should select the appropriate project type from the list as follows: 1. Criteria for Operating Projects If agency transportation services are proposed, the applicant must demonstrate why the proposed services cannot be provided by existing public transportation. Prospective applicants must show how the service proposed does not duplicate existing public transit 142 12 services within the project’s service area, demonstrating why their target population cannot use what is available. Applicants also need to demonstrate how their proposed service is coordinated with the existing transportation network, to the extent this is feasible for their target population group. • Does the applicant describe the process for trip reservations, how routes are scheduled and dispatched, and days and hours of service operations? • Does the applicant describe and detail its vehicle maintenance and replacement plan? • Does the applicant describe how drivers are hired, trained, re-trained, and certified? • Does the applicant describe its methodology for current and projected ridership? 2. Criteria for Voucher Programs • Does the applicant describe the eligibility criteria for agency and/or client applications? • Does the applicant describe how vouchers or passes are purchased and distributed? • Does the applicant describe how vouchers or passes are tracked? • Does the applicant describe its methodology for current and projected voucher usage? 3. Criteria for Mileage Reimbursement Programs • Does the applicant describe the eligibility criteria for new applicants and the process for trip reservation? • Does the applicant describe how mileage is calculated and tracked? • Does the applicant describe reimbursement rates and limits for reimbursement? • Does the applicant describe how completed trips are verified? • Does the applicant describe its methodology for current and projected ridership? 4. Criteria for Travel Training Programs Some level of capacity-building related to training continues to be desirable but recommended to be kept at modest levels. Agencies applying for training projects must clearly demonstrate the project’s benefit to the consumer and the existing specialized transit network. • Does the applicant describe the eligibility criteria for agency and/or client applications? • Does the applicant describe how the training curriculum is developed and how training sessions are provided? • Does the applicant describe how trainers are hired, trained, re-trained and certified? • Does the applicant describe how the program works with existing transportation providers? • Does the applicant describe its desired outcome of trained clients and how it measures training success? 143 13 • Does the applicant describe its methodology for current and projected number of client training sessions and number of persons trained? 5. Criteria for Capital Projects for Equipment, Rehabilitation, and Replacement Vehicles While support for capital projects is an eligible expense in this call-for-projects, it should be noted that for at least the disabled and/or elderly populations, the Section 5310 program exists and should be the primary pursuit of funding for such capital projects. • Does the applicant describe the type of equipment it is seeking to purchase or rehabilitate, including age and mileage, and how it will be utilized in the service? • Does the applicant describe the extended useful life from vehicle rehabilitation as opposed to replacing (if applicable)? • Does the applicant describe the technology improvements they are pursuing and how it will improve services and reduce costs (if applicable)? • Does the applicant describe its planned process of procurement, including its process of selecting the appropriate vendor? • Does the applicant describe their ability to supplement grant funds if costs increase by more than 10% prior to equipment delivery? • Does the applicant describe and detail its vehicle and equipment maintenance and replacement plan? Applicants seeking replacement vehicles may receive up to 10 points for the narrative above and up to 10 points based on the mileage and age of the vehicles as described in Table 4. TABLE 4 Vehicle Useful Life Scoring Criteria for Replacement Vehicles TYPE OF VEHICLE* EXISTING VEHICLE MILES AND AGE SCORE Minivan Standard Van Full Size Van 175,000 to 200,000 or 8 years 150,000 to 174,999 or 7 years 125,000 to 149,999 or 6 years 100,00 to 124,999 or 5 years Less than 100,000 miles or 4 years old not eligible 10 8 6 4 0 Cutaway Buses light duty (approximately 25’- 35’ GVW 12,000 – 16,000 lbs.) 225,000 - 250,000 or 9 years 200,000 – 224,999 or 8 years 175,000 – 199,999 or 7 years 150,000 – 174,999 or 6 years Less than 150,000 or 5 years not eligible 10 8 6 4 0 144 14 Cutaway Buses medium duty (approximately 25’- 35’ GVW 16,000 - 26,000 lbs.) 275,000 – 300,000 or 11 years 250,000 – 274,999 or 10 years 225,000 – 249,999 or 9 years 200,000 – 224,999 or 8 years Less than 200,000 or 7 years not eligible 10 8 6 4 0 Large, heavy-duty buses (approximately 35’- 40’ GVW more than 26,000 lbs.) 650,000 – 699,999 or 16 years 600,000 – 649,000 or 15 years 550,000 – 599,999 or 14 years 500,000 – 549,999 or 13 years Less than 500,000 or 12 years not eligible 10 8 6 4 0 *The Commission’s preference is to fund the most fuel efficient and clean vehicle possible in meeting regional and state air quality standards. 6. Criteria for Capital Projects for Expansion Vehicles If agency transportation services are proposed, the applicant must demonstrate why the proposed services cannot be provided by existing public transportation. While support for capital projects is an eligible expense in this call-for-projects, it should be noted that for at least the disabled and/or elderly populations, the FTA Section 5310 program exists and should be the primary pursuit of funding for such capital projects. • Does the applicant describe the type of equipment it is seeking to purchase and how it will be utilized in the service? • Does the applicant describe its planned process of procurement, including its process of selecting the appropriate equipment vendor? • Does the applicant describe their ability to supplement grant funds if purchase costs increase by more than 10% prior to equipment delivery? • Does the applicant describe the eligibility criteria and process for trip reservations? • Does the applicant describe how routes are scheduled and dispatched? • Does the applicant describe and detail its vehicle maintenance and replacement plan? • Does the applicant describe how drivers are hired, trained, re-trained, and certified? • Does the applicant describe its methodology for current and projected ridership? 7. Criteria for Mobility Management Programs Mobility management projects funded to date have operated with mixed results and limited definable success. With limited dollar amounts available, mobility management projects are expected to fall to the lowest funding priority, if they are funded at all. Clear, measurable outcomes must be identified for mobility management projects that are submitted. • Does the applicant describe the eligibility criteria and process for its clients? 145 15 • Does the applicant explain how existing transportation programs will be utilized and promoted to its clients? • Does the applicant describe in detail how transportation information is collected, organized, disseminated, and kept up to date? • Does the applicant describe its methodology for current and projected number of client contacts and interactions? • Does the applicant describe its ability to track and report the number of trips that client contacts have generated? PART C: Measure A Goals (5 points) • Does the applicant describe how it meets the goals of the Measure A Specialized Transportation Program? PART D: Coordinated Plan (5 points) All projects must be in the Coordinated Plan, addressing the gaps in service identified by Riverside County’s 2021 Plan Update. For eligible Measure A projects, trips must either begin or end in Western Riverside County. • Does the applicant describe the existing transportation services operating in the proposed service area? • Does the applicant describe why the existing transportation services cannot be utilized by the target population it proposes to serve? o Does the applicant reference the relevant section and/or page number(s) from the Coordinated Plan document that describes the available transportation services? • Does the applicant specify how its project addresses the gap(s) and/or barrier(s) identified in the Coordinated Plan for Riverside County, 2021 Update? o Does the applicant reference the relevant section and/or page number(s) in the Coordinated Plan document? • Does the applicant specify how its project relates to the prioritized strategies identified in the Coordinated Plan for Riverside County, 2021 Update? o Does the applicant reference the relevant section and/or page number in the Coordinated Plan document? PART E: Key Performance Indicators (KPI) and Project Milestones (5 points) • Does the applicant set standards for identifying clear measurable outcome-based performance measures and indicators? • Does the applicant set performance goals that are reasonable to meet based on its described abilities, resources, and past performance? • Does the applicant include a logical, reasonable, and quantifiable methodology to track key performance indicators? • Does this match the information provided in Section I – Agency Profile – Project Summary? 146 16 • Does the applicant identify clear milestones and estimated completion dates for this project? • Does the applicant include a logical, reasonable, and quantifiable methodology to track milestones? • Does the applicant describe its project milestones and performance goals from a previously funded project? • Does the applicant describe how well those goals were met? Section IV – Coordination Activities (5 points) This section should describe how applicants coordinate with other transit agencies. This section includes two parts. Applicants need to identify how they intend to coordinate and increase connectivity with other “like” services funded under this Call for P rojects or to services provided by the public operators: Fixed Route or Dial-A-Ride services. Evaluators will be looking for the following information in this section: PART A (3 points) • Does the applicant identify the key stakeholders involved in the project or future partners and methods for obtaining participation in this project? • Do they list Health and Human Services Agencies, public/private sector, non -profit agencies, transportation providers, and/or members of the public representing seniors or individuals with disabilities and from public transit agencies? PART B (2 points) • Does the applicant explain how its proposed project will make the effort to connect or coordinate with other existing transit and transportation programs? • Did the applicant attach letters of support from appropriate stakeholders? Section V – Financial Assessment and Proposed Project Budget (20 points) This section should describe the financial assessment of the applicant and the financial need and propose a cost-effective budget over a three-year period. A factor in the points for this section will include the percent of the match required. Higher match es will provide a greater amount of points. This section is broken into four parts which also includes a potential bonus five (5) point question. Evaluators will be looking for the following information in this section: PART A • Does the applicant provide a three-year budget; anticipating project revenues and expenditures on the form provided? • Do in-kind revenues match in-kind expenses? (if applicable) PART B 147 17 • Does the applicant describe the matching funds, including the type of matching funds, a commitment to the amount of funds used as the match, and any documentation related to the matching funds? • Does the applicant describe the direct vs. indirect costs to the project and include the percent of indirect costs or each line item? • Does the applicant include the number of hours and hourly rate for volunteer labor contributions? • Does the applicant describe the nature of the direct and indirect costs and the methodology of each cost component? • Does the applicant describe the cost effectiveness of the program? • How does the applicant’s costs compare to others with similar services? PART C (Bonus five (5) point question) • Does the applicant describe strategies that will be implemented to promote cost savings, reduce the cost of its program, and/or ways to control their costs? • Does the applicant include a logical, reasonable, and quantifiable methodology to track these strategies? PART D • Did the applicant provide a copy of the most recently completed agency/organization financial and/or compliance audit/review as an attachment? 148 18 APPLICATION PROCESS 16. APPLICATION FORM The application can be found at www.rctc.org under the Doing Business drop down menu under Call for Projects. 17. APPLICATION DEADLINE All Applications are due: March 14,2024 Must be received by 4:00 pm. Each application must be submitted in PDF or Word, along with a project budget worksheet in Excel. Faxes will not be accepted. The electronic version can be uploaded to RCTC’s FTP site at https://www.dropbox.com/request/bfYzkmc9jcfbFM5G3u6h. The password for uploading is Measure A. You can also email your files to specializedtransit@rctc.org. If the documents are not received by the date and time identified above, then it does not constitute on-time submittal. Information submitted in applications will become a matter of public record following the completion of the evaluation and award process. Therefore, any information contained in an application that is deemed as proprietary, privileged, or confidential by the applicant agency or organization must be clearly marked “Confidential.” 18. APPLICATION WORKSHOP A pre-application workshop will be held for agencies to learn more about the application and selection processes, and to ask any questions prospective agencies may have about the funding program, project eligibility or evaluation process. All prospective applicants are encouraged to attend the application workshop. Details of the application workshop are as follows: DATE: Tuesday, February 20, 2024 TIME: 2 pm – 4 pm LOCATION: Zoom Meeting https://rctc.zoom.us/j/86983252424?pwd=aWlqYVI4blVDeW10TEFHbkxEZVZOdz09 Meeting ID: 869 8325 2424 Passcode: 691738 Dial by your location: + 1 669 900 6833 US (San Jose) 149 19 POST AWARD GUIDANCE 19. NOTIFICATION OF AWARD After the Commission has approved the recommended funding , RCTC staff will send an award letter to each successful applicant. The award letter will indicate the Operating and Capital funding amounts the Commission has approved. Additionally, the letter will ask each successful applicant to review and revise if applicable various sections within their grant application now that funding has been awarded. 20. CONTRACT EXECUTION The Commission will draft an agreement with each of the Measure A recipients and will send these to the point of contact indicated within the grant application for contract execution. The terms and conditions are set from each of the recipient’s application and the ability to carry it out. RCTC ’s procurement staff will email out the required documents along with instructions for completion. 21. TECHNICAL WORKSHOP FOR AWARD RECIPIENTS Commission staff will hold a technical workshop explaining the process for invoicing, reporting, budget modifications, annual compliance audits, and triennial site visits for the successful applicants. 22. INVOICING A. This is a reimbursement program for eligible costs incurred. B. All invoices are subject to a 30-day payment schedule. The 30-day payment schedule is contingent upon the date when the invoice is submitted and approved for payment by RCTC staff. C. Invoicing should be submitted on a monthly basis for operating projects to ensure funds are being utilized to the full extent possible. Also, Measure A recipients should be prepared to provide supporting documentation for the justification of large purchases or irregular monthly expenses. D. For Capital requests, backup documentation will be required before an invoice is processed. E. If a recipient is not able to provide invoices on a timely schedule, RCTC, reserves the right to pause the contract terms and evaluate if the recipient’s program should continue to receive Measure A funding. 150 20 F. Invoicing for a subsequent year will not be processed until all monthly, quarterly, and annual reporting needs are satisfied. 23. M ONTHLY REPORTING A. Recipients will be required to submit operating data for units of service delivered, persons served and selected performance measures such as subsidy per passenger, subsidy per vehicle hour, subsidy per vehicle mile, passengers per vehicle hour, and passengers per vehicle mile. B. When a recipient submits their monthly invoice, reporting data for that period is required prior to invoice approval and payment by RCTC. C. This data is used to report how Measure A funding is being utilized. 24. QUARTERLY REPORTING Recipients of funding under this program will be expected to adhere to the following quarterly reporting needs: A. Recipients must provide quarterly milestone progress updates based on what was included in the approved application. Guidance documentation will be provided to each recipient. B. Recipients must provide quarterly status updates on their project(s). Guidance documentation will be provided to each recipient. 25. AN NUAL REPORTING Recipients of funding under this program will be expected to adhere to the following annual reporting needs: A. Recipients must comply with the annual consumer satisfaction survey process required by the executed contract between RCTC and successful applicants. Guidance documentation will be provided to each recipient. B. Recipients are required to provide a vehicle fleet inventory list annually. Guidance documentation will be provided to each recipient. 26. BUDGET MODIFICATIONS Budget projections and cost allocation plans are provided to RCTC during the Call for Projects application process and for three years. Recipients are able to request changes to its budget as needed each fiscal year. There are formal and administrative budget modifications. A. Formal Budget Modifications: a. Requests in Measure A funding above what the Commission approved; 151 21 b. Moving funding between operating and capital programs or vice versa; and c. Change in the percent of matching funds for an operating or capital project. Prior to requesting a formal budget modification, recipients should reach out to RCTC staff on the best way to proceed. In addition, recipients will need to provide a letter and justification that will be provided to the Commission for consideration. Upon Commission approval of a formal budget modification, staff will forward the approved changes to the recipient. B. Administrative budget modifications include anything not included in the formal budget modifications. Administrative budget modification requests are to be provided in writing and have justification for the changes. End of year budget modifications should be provided with the final June invoice. After the June invoice is processed, end of year budget modifications will not be processed. Once a written request is provided to RCTC, staff will provide the necessary documentation to accommodate the budget modification. RCTC staff will review the request and approve or deny the request depending on the justification provided. C. Updated indirect costs justification will need to be provided upon completion of the annual audit to ensure proportionality between the agency’s primary mission and the transportation component utilizing Measure A funding. This may require a budget modification annually. 27. RECIPIENT MEETINGS AND PLANNING PARTICIPATION Recipients of funding under this program will be expected to participate in grantee meetings as requested by RCTC and the specialized transportation planning process. These meetings will be conducted for the purposes of encouraging and facilitating coordination between transportation programs, improving the efficiency and effectiveness of services being operated, continuing to identify gaps between services and needs for additional services, and general transportation provider capacity-building. Additionally, activities related to the specialized transportation planning process includes outreach activities and participation related to the development of the Coordinated Plan. Grantees may also be invited for membership or participation in RCTC’s Citizens and Specialized Transit Advisory Committee (CSTAC) to advise and provide feedback on transit issues in Riverside County. 28. A NNUAL AU DIT Each recipient receiving an allocation of Measure A revenue shall undergo an annual financial assessment, currently consisting of agreed upon procedures performed by an audit firm engaged by RCTC’s finance department. The agreed upon procedures will be conducted to ensure that each recipient is expending funds in accordance with the provisions and guidelines established for Measure A revenue. 152 22 29. C OMPLIANCE AND PERFORMANCE SITE VISIT RCTC in coordination with consultant services will coordinate at least one site visit during the contract period with each recipient. Typically, these site visits will be held in the second year of the call for projects. The evaluations will be conducted through an on-site visit at each agency with a review of functional areas of each service. Each site visit will be scheduled in advance and recipients will be provided with a performance and oversight invitation packet that includes the purpose of the site visit; a checklist of items to collect, a summary of the previous cycle’s evaluation report; and an interview guide to help them prepare for the visit. The objectives of the site visit are to: 1. Support RCTC’s oversight responsibility for the Measure A Specialized Transit Program; 2. Ensure that the voter directive of providing transportation support for persons with disabilities, seniors and persons of limited means is being followed; and 3. Seek opportunities to implement funding program improvements and support greater efficiency of provided services. RCTC uses the information from the site visits to continuously improve the Measure A Program. 153 AGENDA ITEM 7 Agenda Item 7 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: Sergio Vidal, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2023/24 Mid-Year Revenue and Expenditure Projections STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file the Fiscal Year 2023/24 Mid-Year Revenue Projection Report, which includes Measure A, Local Transportation Funds (LTF) and Transportation Uniform Mitigation Fees (TUMF); and 2) Approve the FY 2023/24 mid-year budget expenditure adjustments for a net increase of $1,434,900. BACKGROUND INFORMATION: Revenues Upon the adoption of the FY 2023/24 Budget, the Commission approved revenue projections for Measure A, LTF, and TUMF revenues. The revenue projections approved during the budget process were conservative due to the uncertain economic climate resulting from both rising inflation and interest rates along with concern on what the impact of this environment would have on the region’s economy. Like past years, staff reviewed Measure A, LTF, and TUMF revenues received through December 2023 to determine if any mid-year adjustments are necessary. Staff considered historical and current trends of the receipts and economic data collected from various sources including an economic forecast from Beacon Economics. The outlook on the local economy is cautiously optimistic while citing declines in retail, transportation, and business-to-business over the last quarter. Sales tax revenue growth is expected to be flat during the fourth quarter of 2023 and most of 2024. A recession is not anticipated, but rather a slowdown in the economy with inflation also easing. 154 Agenda Item 7 Measure A Sales Tax Revenues Measure A sales tax revenues are the local half-cent transactions and use tax approved by Riverside County voters in November 2002. Measure A sales tax revenues fund highway, regional arterial, local streets and roads, new corridors, economic development, bond financing, bus transit, commuter rail, commuter assistance, and specialized transportation projects in the three geographic areas of Riverside County, as defined in the Measure A Expenditure Plan. The audited FY 2022/23 revenues were approximately $287 million — 2.5 percent above the FY 2021/22 revenues, and FY 2023/24 revenues through October 2023 reporting period are 32 percent of the budgeted projection of $280 million. The implementation of internet sales taxes in 2019 due to the Wayfair decision is a significant factor in the positive results within both general retail and transportation categories along with general price increases due to the current inflationary environment. Staff continues to review quarterly Measure A sales tax revenues economic data available on the California Department of Tax and Fee Administration’s website as well as data prepared by the Commission’s sales tax consultant, MuniServices, an Avenu Insights and Analytics Corporation. FY 2022/23 actual results exceeded January 2023 projections; however, staff does not recommend a mid-year revision to the FY 2023/24 Measure A sales tax projection of $280 million reflecting a modest slowdown however largely in alignment with the prior year receipts (FY 2022/23). This reflects continued prudent monitoring of anticipated revenues and in-line with general price increases for the region in the prior fiscal year. LTF Sales Tax Revenues LTF sales tax revenues represent a quarter cent of the statewide sales tax and primarily fund transit requirements within the county in addition to planning and administration activities and bicycle and pedestrian projects. These revenues approximate 54 percent of Measure A sales tax revenues. LTF sales tax revenues have also exceeded expectations. The audited FY 2022/23 revenues totaled approximately $155 million — 3.3 percent above the January 2023 revised mid-year projection of $150 million, and FY 2023/24 revenues through October are 32.1 percent of the June 2023 projection of $155 million. Like Measure A sales tax revenues, staff does not recommend a mid-year revision to the FY 2023/24 LTF projection of $155 million in alignment with receipts collected in the prior fiscal year. TUMF Revenues TUMF revenues represent the Commission’s share of revenues generated from a development fee program administered by the Western Riverside Council of Governments (WRCOG). Local Western County jurisdictions collect fees charged to ensure new development pays for the new transportation facilities needed to accommodate growth. 155 Agenda Item 7 TUMF revenues collected during the current fiscal year total $13.6 million, consistent with last year’s collections thru the reporting period October 2023 or approximately 45 percent of the budgeted revenue. However, due to the uncertain nature for TUMF receipts which tend to fluctuate significantly, it is challenging to both identify and project any trends. Furthermore, we are awaiting a report from WRCOG which will forecast future TUMF revenues. Thus, staff recommends no adjustment to the current fiscal year (2023/24) revenue projection of $30 million. Specifically, this revenue is a placeholder at this time as we await further information for this key regional revenue source. Mid-Year Revenue Projections Summary The mid-year revenue projections for Measure A, and LTF are summarized as follows: Due to recent declines in the local economy and anticipated flat sales tax revenue growth, staff does not recommend any changes to FY 2023/24 Measure A, LTF, or TUMF projections. However, staff will continue to monitor FY 2023/24 revenues to determine if adjustments to the revenue projections for Measure A and LTF administration are necessary in the future. Expenditures Staff performed a review of expenditures for the six-month period ending December 31, 2023. As a result of the review, the following mid-year expenditure budget adjustments are proposed: Expenditure Adjustment 1 - $1,104,600 The Moreno Valley / March Field rail upgrade station project has incurred unanticipated costs related to the construction phase of the project. The adjustment is necessary to ensure the station is maintained in state of good repair in accordance with applicable State policies and guidelines. Funding for this budget adjustment will be made from available fund balance found in State Transit Assistance (STA) funds. Expenditure Adjustment 2 - $330,300 The Western Riverside County Regional Conservation Authority (RCA) is requesting a budget adjustment to the Regional Conservation budget to fund expenditures not included in the FY 2023/24 budget related to RCA Board requested study of the Multiple Species Habitat Conservation Plan (MSHCP). Furthermore, the Santa Ana Watershed Authority (SAWA) finalized their current year budget after the Regional Conservation FY 2023/24 budget was submitted. Revenue Source FY 2022/23 Actuals FY 2023/24 Budget Measure A $ 287,428,762 $ 280,000,000 LTF 155,478,037 155,000,000 156 Agenda Item 7 Thus, the requested adjustment totaling approximately $27,000 will cover anticipated costs for the current fiscal year. Expenditures adjustments are funded and fully reimbursable by the RCA. FISCAL IMPACT: Below is the fiscal impact for the Mid-Year expenditure adjustment for FY 2023/24: Regarding revenues, this item is for information purposes and there is no fiscal impact. Financial Information In Fiscal Year Budget: No Year: FY 2023/24 Amount: Revenues $1,434,900 Expenditures ($1,434,900) Source of Funds: State Transit Assistance (STA) RCA Reimbursement Budget Adjustment: Yes GL/Project Accounting No.: Adjustment #1 Revenue: 004026 000 59001 0000 265 33 59001 Transfer In ($1,104,600) Expenditure: 004026 81302 00000 0000 265 33 81301 Construction Support Services ($759,400) 004026 81301 00000 0000 265 33 81301 Construction ($345,200) 002204 97001 00000 0000 241 62 97001 Transfer Out ($1,104,600) Adjustment #2 Revenue: 750-55-41203 Local Agency Reimbursements $330,300 Expenditure: 750 55 65520 Other Professional Services ($330,300) Fiscal Procedures Approved: Date: 01/11/2024 157 AGENDA ITEM 8 Agenda Item 8 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: Sergio Vidal, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2024/25 Revenue Projections STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the projection for Measure A revenues of $282 million for Fiscal Year 2024/25; 2) Approve the projection for Local Transportation Fund (LTF) apportionment of $155 million for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas for FY 2024/25; and 3) Approve the projection for Transportation Uniform Mitigation Fee (TUMF) revenues of $30 million for FY 2024/25. BACKGROUND INFORMATION: Prior to commencement of the annual budget process, the Chief Financial Officer presents to the Commission the projections for Measure A, LTF, and TUMF revenues related to the upcoming fiscal year. These revenue projections include consideration of historical and current trends of receipts and economic data collected from various sources, including the quarterly sales tax forecast of Measure A sales tax revenues prepared by its sales tax consultant, MuniServices, LLC, an Avenu Company and a study prepared by Beacon Economics. Measure A Sales Tax Revenues The Measure A sales tax revenues projection consists of revenues generated from the local half- cent transactions and use tax approved by voters in November 2002. Measure A sales tax funds are primarily used to fund highway, regional arterial, local streets and roads, new corridors, economic development, bond financing, bus transit, commuter rail, commuter assistance, and specialized transportation projects in the three geographic areas of Riverside County, as defined in the Measure A Expenditure Plan. The percentage of Measure A sales tax revenues allocated to each of these geographic areas is based on return to source of the sales tax revenues generated. FY 2024/25 represents the 16th year of the 30-year term of the 2009 Measure A. The Measure A sales tax revenue projection for FY 2024/25 is $282 million. The estimate is slightly higher than the identical FY 2023/24 mid-year projection of $280 million. Considering the continued uncertainty regarding both interest rates and general price increases, the forecast 158 Agenda Item 8 for the upcoming fiscal year is conservative and represents caution based on current economic forecast information. This projection will become the basis for the preparation for the FY 2024/25 budget. The budget process typically commences in January of each year following the development of the Measure A sales tax revenue projections. Additionally, the amounts for the local streets and roads programs are usually provided to the local jurisdictions for planning purposes. The projected amount of Measure A sales tax revenues available for distribution to the three geographic areas is $282 million prior to an administrative cost allocation, as summarized below and presented in further detail by program on the attachment: Geographic Area Amount Western Riverside County $ 226,033,000 Coachella Valley 54,919,000 Palo Verde Valley 1,048,000 Total $ 282,000,000 Administrative costs are allocated in accordance with a cost allocation plan on a quarterly basis. Accordingly, the Measure A allocations to each geographic area by program will be reduced for such quarterly cost allocations. Local Transportation Fund Sales Tax Revenues The LTF projection consists of revenues generated from a quarter cent of the statewide sales tax. These LTF funds are principally used to fund transit requirements within the county of Riverside (County). The Transportation Development Act (TDA) legislation that created LTF requires the County Auditor Controller to annually estimate the amount of revenues expected to be generated from the sales tax. The estimate then becomes the basis for geographic apportionment and for claimant allocation through the Short-Range Transit Plan (SRTP) process, which commences in February 2024 for the upcoming fiscal year. While the County is the taxing authority and maintains the custodial responsibility over the LTF revenues, the Commission by statute is charged with administration of the LTF funding process. Therefore, the practice has been for staff to develop the revenue estimate and then submit it to the County Auditor Controller for concurrence. Once the Commission and the County agree on a revenue amount, staff prepares the statutorily required apportionment. Apportionment is the process that assigns revenues to the three major geographic areas as defined by TDA law within the County: Western Riverside County, Coachella Valley, and Palo Verde Valley. The revenues are divided based on the respective populations for each area. The apportionment occurs after off-the-top allocations for administration to the County and Commission and set asides for Southern California Association of Governments planning (3/4 of 1 percent), local planning activities (3 percent), and bicycle and pedestrian projects (2 percent). The Commission’s administration allocation is an estimate; the actual amount is subject to quarterly amounts determined per the administrative cost allocation plan. Any difference in allocated Commission administration costs will be reflected in next year’s estimated carryover. 159 Agenda Item 8 Attached is the FY 2024/25 LTF apportionment based on a revenue estimate of $155 million. The estimate will be submitted to the County for its concurrence. The estimate is consistent with the FY 2023/24 mid-year projection of $155 million. The LTF projection is conservative and represents caution based on interest rates and general price increases along with current economic forecast information. After the deductions for estimated administration of approximately $1,262,000 and set asides of approximately $8,772,000, the amount available for apportionment before reserves to transit operators is approximately $144,966,000. The balance available for apportionment by geographic area before reserves is as follows: Geographic Area Amount Western Riverside County $118,642,600 Coachella Valley 24,922,300 Palo Verde Valley 1,401,100 Total $144,966,000 In accordance with the Reserve Policy adopted by the Commission at its January 12, 2005 meeting, a reserve of 10 percent for each apportionment area will be established and set aside for FY 2024/25, for unforeseen cost increases or other emergency. For the Western Riverside County apportionment area, a portion of the reserve will be allocated to each of the transit operators. For Western County public bus transit operators, the allocation of the reserve is based on each operator’s proportionate share of the FY 2023/24 LTF operating and federal Coronavirus Aid, Relief, and Economic Security (CARES) Act; Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA); and American Rescue Plan Act of 2021 (ARPA) allocations. The CARES Act, CRRSAA, and ARPA funds provided federal support to transit operators due to anticipated COVID-19 impacts on public transit and thereby reduced the LTF operating allocations. Operators may access reserve funds by amending their SRTPs through the established amendment and Commission approval process. Transportation Uniform Mitigation Fee The TUMF projection consists of revenues generated from fees charged to new development to ensure it pays for the new transportation facilities needed to accommodate growth. As a result of a memorandum of understanding executed in 2008 between the Commission and the Western Riverside Council of Governments (WRCOG), the administrator of the TUMF program, the Commission receives a significant share of TUMF revenues, after a WRCOG administrative allocation, for the Commission’s regional arterial and Community Environmental Transportation Acceptability Process programs that is equal to the WRCOG share for the TUMF zone program. The revenue estimate for FY 2024/25 is $30 million, the same as the FY 2023/24 mid-year projection. Staff will continue to monitor trends, current year cash receipts along with discussion with WRCOG to determine if any further revisions are required for this revenue source. Specifically, this revenue is a placeholder at this time as we await further information for this key regional revenue source. 160 Agenda Item 8 Next Steps Upon Commission approval, staff will provide this information to the local jurisdictions and transit operators for planning purposes. Staff will continue to monitor FY 2023/24 revenues during the development of the FY 2024/25 budget to determine if any adjustments to the revenue projections are necessary. Financial Information In Fiscal Year Budget: N/A Year: FY 2024/25 Amount: $282,000,000 Measure A; $155,000,000 LTF; $30,000,000 TUMF Source of Funds: 2009 Measure A, LTF, and TUMF Budget Adjustment: N/A GL/Project Accounting No.: Measure A $ 68,617,200 623999 401 40101 262 31 40101 24,890,600 613999 401 40101 261 31 40101 13,723,500 654199 401 40101 265 33 40101 3,430,900 269 62 40101 4,288,600 260 26 40101 1,429,500 270 26 40101 3,363,600 632199 401 40101 263 41 40101 20,181,600 266 72 40101 65,253,700 267 71 40101 18,163,400 264 19 40101 2,690,900 683999 401 40101 268 31 40101 27,459,300 563999 401 40101 256 31 40101 19,221,500 257 71 40101 8,237,800 258 26 40101 1,047,900 234 71 40101 LTF 155,000,000 622299 401 40102 601 62 40102 TUMF 15,000,000 725000 416 41607 210 72 42110 15,000,000 735000 416 41607 210 73 42110 Fiscal Procedures Approved: Date: 01/11/2024 Attachments: 1) FY 2024/25 Measure A Program Allocation – Projection 2) FY 2024/25 Riverside County LTF Apportionment - Projections 161 ORIGINAL Projection (1/2024) Projected Measure A Revenues 282,000,000$ Less: Administration 2 - Projected Apportionment to Programs: Western County Highway Improvements (262)68,617,000 New Corridors (261)24,891,000 Public Transit Commuter Rail (265)13,724,000 Intercity Bus (269)3,431,000 Specialized Transit-Operations (260)4,289,000 Specialized Transit-CTSA (270)1,430,000 Commuter Services (263)3,364,000 Regional Arterial (266)20,182,000 Local Streets & Roads (267)65,251,000 BANNING 896,000 BEAUMONT 3 918,000 CALIMESA 325,000 CANYON LAKE 284,000 CORONA 5,889,000 EASTVALE 3,268,000 HEMET 2,778,000 JURUPA VALLEY 3,353,000 LAKE ELSINORE 2,278,000 MENIFEE 3,132,000 MORENO VALLEY 6,367,000 MURRIETA 3,611,000 NORCO 987,000 PERRIS 2,898,000 RIVERSIDE 10,747,000 SAN JACINTO 1,497,000 TEMECULA 4,293,000 WILDOMAR 1,001,000 RIVERSIDE COUNTY 9,351,000 WRCOG 3 1,378,000 Bond Financing (264)18,163,000 Economic Development Projects (268)2,691,000 SUBTOTAL-Western County 226,033,000 Coachella Valley Highways & Regional Arterials (256)27,459,000 Local Street & Roads (257)19,222,000 CATHEDRAL CITY 1,978,000 COACHELLA 834,000 DESERT HOT SPRINGS 601,000 INDIAN WELLS 344,000 INDIO 2,728,000 LA QUINTA 1,995,000 PALM DESERT 3,508,000 PALM SPRINGS 3,253,000 RANCHO MIRAGE 1,213,000 RIVERSIDE COUNTY 2,767,000 Specialized & Public Transit (258)8,238,000 SUBTOTAL-Coachella Valley 54,919,000 Palo Verde Valley Local Street & Roads (234)1,048,000 BLYTHE 805,000 RIVERSIDE COUNTY 243,000 SUBTOTAL-Palo Verde Valley 1,048,000 TOTAL 282,000,000$ Notes: 1 2 3 Estimate for planning purposes, subject to change and rounding differences. Administrative costs are allocated in accordance with a cost allocation plan on a quarterly basis. Accordingly, the Measure A allocations to each geographic area by program will be reduced for such quarterly cost allocations. In accordance with settlement agreement and release. RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A PROGRAM ALLOCATION (PROJECTION)1 FY 2024/25 ORIGINAL (1/2024) ATTACHMENT 1 162 Original Projection (1/2024) Estimated Carryover (Unapportioned)-$ Estimated Receipts1 155,000,000 TOTAL 155,000,000 Less: County Auditor-Controller Administration 12,000 Less: Estimated RCTC Administration2 1,250,000 Less: RCTC Planning (3% of revenues)4,650,000 Less: SCAG Planning (3/4 of 1% of revenues)1,163,000 BALANCE 147,925,000 Less: SB 821 (2% of balance)2,959,000 BALANCE AVAILABLE BEFORE RESERVES 144,966,000 Less: 10% Transit Reserves 14,497,000 BALANCE AVAILABLE FOR APPORTIONMENT 130,469,000$ FY 2024/25 Original Population Apportionment APPORTIONMENT Population % of Total (1/2024) Western:1,971,282 81.84%106,778,000$ Rail 22%23,491,000 Transit 78%83,287,000 Coachella Valley 414,091 17.19%22,430,000 Palo Verde Valley 23,286 0.97%1,261,000 2,408,659 100.00%130,469,000$ ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12, 2005): Western: Rail 2,610,000$ Transit: RTA 8,049,000$ Banning 231,000 Beaumont 333,000 Corona 181,000 Riverside 461,000 Subtotal Transit 9,255,000$ 9,255,000 Subtotal Western 11,865,000 Coachella Valley 2,492,000 Palo Verde Valley 140,000 Total Reserves 14,497,000$ NOTES: 1 Estimate for planning purposes, subject to change and rounding differences. Rounded to the nearest thousand. 2 Amount is an estimate; administrative costs are allocated in accordance with a cost allocation plan on a quarterly basis. Population Source: California Department of Finance, Demographic Research Unit as of January 1, 2023. Allocation of transit reserves: FY 2023/24 SRTP funding allocations approved 6/28/2023. RIVERSIDE COUNTY LOCAL TRANSPORTATION FUND FY 2024/25 APPORTIONMENT Original January 2024 N:\LTF\LTF Projections\2024-2025 Apportionments_Original_1.2024 12/22/20233:35 PM ATTACHMENT 2 163 FY 2023/24 MID-YEAR FY 2024/25 PROJECTIONS Measure A, Local Transportation Fund and Transportation Uniform Mitigation Fee And Expenditure Adjustment(s) 1 Commission Meeting February 14, 2024 Sergio Vidal, Chief Financial Officer Measure A Revenue Allocations 2 •30% Highways •29% Local Streets & Roads •Allocation to County/cities based on 75% population, 25% taxable sales •12% Public Transit •11% New Corridors •9% Regional Arterials •8% Bond Financing •1% Economic Development Incentives Western County •50% Highways & Regional Arterials •35% Local Streets & Roads •Allocation to County/cities based on 50% dwelling units, 50% taxable sales •15% Public Transit Coachella Valley •100% Local Streets & Roads •Allocation to County/city based on 75% population, 25% taxable sales Palo Verde Valley By Geographic Area Based on taxable sales by area 1Administrative cost allocations are charged to each program quarterly. 1 •Current trends •Economic data •Historical data Analysis •Measure A •½% local transaction and use tax •Place of consumption •LTF •¼% of state sales tax •Point of sale •TUMF •Western County development fee Revenues •FY 2023/24 •Midyear revision •FY 2024/25 •Budget development Projections Revenue Projections 3 Measure A &LTF Collections and Projections 4 Economic Category Trends –Measure A (approx. over $80M growth since 2019) 5 Measure A Growth by Category – 2023 vs. 2019 Source: Avenu Insights & Analytics; calendar year basis Q32023 vs Q3 2019 TUMF Collections and Projections 6 Measure A & LTF Details 7 80.0% 19.5% 0.5% Measure A by Geographic Area Western County Coachella Valley Palo Verde Valley 5%2% 93% LTF Apportionment Administration & Planning SB 821 Bicycle & Pedestrian Transit FY 2023-24 Mid-Year Expenditure Adjustment 8 Moreno Valley / March Field Rail upgrade station project •Revenue / Expenditure adjustment:$1,104,600 •Source of funds: State Transit Assistance (STA) •Description of Project:Continue to maintain the station in a “State of Good Repair”, in accordance with applicable state and federal guidelines Western Riverside County Regional Conservation Authority (RCA) •Revenue / Expenditure adjustment:$330,300 •Source of Funds:Local Reimbursements, RCTC is fully reimbursed by RCA •Description of Project: various professional services and administrative costs increase Budget Adjustment By Project(s) Next Steps 9 FY 2023/24 midyear expenditure adjustment •Board approval •Budget adjustments •Advise local jurisdictions FY 2024/25 projections •Board approval •Budget development •Advise local jurisdictions Monitor revenue trends •Propose adjustments as necessary Staff Recommendations 10 Agenda Item # 7 •Approve the FY 2023/24 Mid-year budget adjustments •Revenue - $1,434,900 •Expenditure $1,434,900 Project Amount Source of Funds Moreno Valley/March Field $1,104,600 State Transit Assistance (STA) Western Riverside County Regional $ 330,300 Local Reimbursements (RCA) Conservation Authority (RCA) •Receive and File Mid-Year Projections for FY 2023-24 (No adjustment necessary) •$280 million – Measure A •$155 million – LTF •$30 million - TUMF Staff Recommendations (continued) 11 Agenda Item # 8 Approve FY 2024/25 revenue projections •$282 million for Measure A •$155 million for LTF •$30 million for TUMF QUESTIONS & COMMENTS 12 AGENDA ITEM 9 Agenda Item 9 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: Toll Policy and Operations Committee Reinland Jones, Toll Technology Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement for Interstate 15 Express Lanes Project Toll Services TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Authorize staff to enter into negotiations with Kapsch for a non-competitive 10-year extension of Agreement No. 16-31-043-00. BACKGROUND INFORMATION: In January 2017, the Commission approved Agreement No. 16-31-043-00 with Kapsch (Kapsch Agreement) for the design, deployment and operation of the toll systems required to operate the 15 Express Lanes. The selection of Kapsch was the result of a competitively negotiated best-value procurement process. The operations and maintenance period under the Kapsch Agreement provides for a five-year term with the option to extend the term for an additional five years, for a total operations and maintenance term of 10 years. The length of the operations and maintenance term was based on a requirement related to the issuance of tax-exempt bonds. If that requirement had not existed, it is likely that the operations and maintenance term included in the competitively procured contract with Kapsch would have been longer. The tax-exempt bond requirement that imposed the 10-year term for operations and maintenance was eliminated from the law later in 2017, after award of the Kapsch Agreement. The scope of work provided by Kapsch is summarized as follows: Design and Deployment Kapsch was responsible for the design, installation and testing of the on-road toll systems, dynamic pricing system, traffic operations center system and back-office system. This work included the design of systems which met the requirements of the Kapsch Agreement and specific policies of the Commission. Kapsch also provided the furniture and fixtures for all staff working at the customer service center, traffic operations center and maintenance facility. The design and deployment phase began in March of 2017 and was completed in April of 2021 with the opening of the 15 Express Lanes to customers. 164 Agenda Item 9 Operate and Maintain Following the completion of the design and deployment phase of the Kapsch Agreement in April 2021, Kapsch became responsible for the operation and maintenance of the toll systems and the operation of the Riverside Express (15 Express Lanes) traffic operations center and customer service center. Through the operation and maintenance phase of the Kapsch Agreement, Kapsch performs preventative maintenance on all equipment, maintains all required licenses, replaces any failing equipment, provides staff to perform customer service, review license plate images and manages the traffic operations center. The work Kapsch performs under the operation and maintenance phase of the Kapsch Agreement requires a high-level of service to ensure that Kapsch meets the performance measures required in the contract. Through a series of change orders to the Kapsch Agreement, the replacement of the 91 Express Lanes on-road toll systems and installation of the 15/91 Express Lanes Connector were approved using the authority provided by Assembly Bill 115 (AB 115). This bill provided the Commission additional project delivery authority to ensure cost-effective and timely delivery of the 15/91 Express Lanes Connector. The implementation of the same on-road toll system for the 91 Express Lanes, 15/91 Express Lanes Connector and the 15 Express Lanes allowed for inter-facility transaction processing for the Commission operated Express Lanes. In December 2022, the Commission approved the option to extend the operation and maintenance term of the Kapsch Agreement through April 2031. DISCUSSION: The Kapsch Agreement will terminate in April 2031, approximately seven years from the date of this report. It takes approximately three years to compile the documents necessary for a competitive procurement and to conduct the procurement process. It takes an additional three to four years for a new provider to design and deploy a replacement system. Staff analyzed the schedule for re-procurement of the systems and services provided by Kapsch and determined that the process would need to begin in the Spring of 2024. Staff’s first step in the planning for re-procurement was to estimate the cost of a system replacement. Toll hardware and software are unique to each toll system provider. Much of the roadside equipment currently in use is manufactured by Kapsch and is operated with proprietary Kapsch software. Each toll system vendor delivers systems in a similar manner and as a result the operation of the existing toll system by another contractor is unlikely. In addition, much of the current toll system hardware will have reached its useful life by the end of the term of the Kapsch Agreement in 2031. It is assumed that if the contract is reprocured, the entire system would be replaced, both hardware and associated software. The Commission’s toll consultant provided the following independent cost estimate, in 2031 dollars, for the replacement of the toll systems. 165 Agenda Item 9 Table 1 Independent Cost Estimate Category Estimated Cost Procurement Development Consultant Support $3.5 million Design and Deployment Consultant Support $4.5 million Roadside System $40 million Back Office System $20 million Traffic Operation System $2.5 million Total $70 million For comparison purposes the Commission has invested over $36 million (2017-2020 dollars) in the existing toll systems. Using a 3 percent annual escalation from the year of cost, the Commission’s investment is estimated to be over $54 million in 2031, the year the Kapsch Agreement will expire if not extended. For the sake of providing a fair analysis, staff has assumed that the cost to replace the existing systems would range from $54 million (the current system costs) to $70 million (the independent cost estimate). The Commission’s consultant also analyzed the cost to retain the existing system, assuming Kapsch continues on as the operator of the system. For the purpose of this analysis, it was assumed that the existing system requirements will remain largely unchanged, and that aged equipment will be replaced with similar equipment. The estimated cost of retaining the existing system with Kapsch as the operator is estimated to be $35 million (2031 dollars). If Kapsch were retained as the operator up to $35 million in cost could potentially be saved in the design and deployment of the system. The cost savings are largely attributable to the fact that Kapsch has already developed the software to the Commission’s specific requirements significantly reducing the amount of work to be performed. Kapsch has also already provided and received approval on the project documentation that supports their overall project plan including but not limited to design documents, maintenance plans, standard operating procedures, and safety plans. The replacement of hardware would require far less documentation and testing effort. Procurement Impact The Commission’s procurement manual, Chapter 7 “Non-Competitive Procurements”, Section 1.0.A (11) allows for a non-competitive procurement when not otherwise limited by applicable law, and the Agency determines it is in the best interest of the public and Agency. This provision may not be used if the state or federal monies will be used to fund the procurement. In this case, there is no applicable law that otherwise limits the Commission’s ability to use a non- competitive procurement, and only local funding will be used to fund the procurement. Therefore, the Commission is only required to comply with its own procurement manual. Staff analyzed the aspects of both reprocuring the toll systems and extending the term of the Kapsch Agreement to determine if it is in the best interest of the public and Commission to reprocure the toll systems or extend the Kapsch Agreement. 166 Agenda Item 9 Staff has been pleased with the performance of the current Kapsch system and with Kapsch’s performance as an operator and has provided the following analysis demonstrating the benefits of retaining Kapsch as the toll system provider for an additional 10 years, the average useful life of the system. Alignment with Financial Plan The financing for the express lanes includes a 50-year financial plan to ensure that operating expenses and the terms of the bond and loan indentures can be met successfully. One element of the financial plan is the annual cost of toll system replacements or upgrades. The financial plan for the 15 Express Lanes and 91 Express Lanes includes a combined amount of $30 million for toll system replacements around the year 2031. The independent cost estimate for reprocuring the system is $70 million resulting in a $40 million shortfall as shown in Table 2. Table 2 Finance Plan vs. Re-procurement Cost Category Amount ($2031) Financial Plan Toll System Replacement $30 million Independent Cost Estimate for Re-procurement $70 million Financial Plan Shortage ($40 million) If Kapsch were to continue as the toll system provider, the estimated cost for replacement of aged hardware is $35 million or $5 million over the amount included in the financial plan as shown in Table 3. Table 3 Finance Plan vs. Kapsch Extension Category Amount ($2031) Financial Plan Toll System Replacement $30 million Independent Cost Estimate for Hardware Replacement $35 million Financial Plan Shortage ($5 million) Table 3 Finance Plan vs. Kapsch Extension By retaining the existing Kapsch system, a cost savings of potentially up to $35 million dollars could be achieved, avoiding the need to set aside unplanned toll revenue for a system replacement. Use of Excess Toll Revenue As of June 30, 2023, the 15 Express Lanes currently has approximately $46 million in potential excess toll revenue. The 15 Express Lanes funds are restricted by the financing documents until 2028, which is approximately two years after the first debt service payment is made towards the loan (December 2025). At that time up to 50 percent of excess toll revenue may be available for use by the Commission to either pay down debt or reinvest within the corridor. 167 Agenda Item 9 The 91 Express Lanes have generated $135 million in excess toll revenue through December 2023, providing funding for the following projects: • 15/91 Express Lanes Connector • 91 Eastbound extension to McKinley Avenue • 241/91 Project development • 91 Corridor Operations Project (COP) • Contribution towards 91 Express Lanes Financing including establishment of a Reserve If the Kapsch system were retained rather than reprocured, an additional $35 million in excess toll revenue could be made available for the repayment of debt, reinvestment in the corridors, or future deployments. Disruption to Service The design and development of new toll systems is a time-consuming effort for staff beginning with the development of the procurement documents and culminating with review of the system design and deployment. For comparison purposes, staff began the process to replace the 91 Express Lanes back office in 2020 and is still working on the finalization of the new system implementation today. The replacement of the systems currently provided by Kapsch would be an arduous process and require the closure of the existing express lanes for extended periods of time to allow for the installation of the on-road toll equipment and transition to the new system. It would also require the replacement of the back-office system which would require downtime to allow for the migration of customer information and transaction data. The processing of transactions involves many time-sensitive steps which would be disrupted by the transition to a new system. Transaction processing would have to be paused to allow for system transition which would result in a delay in posting of tolls to customer accounts and the issuance of violation notices, slowing the collection of revenue. If Kapsch were retained as the operator, the disruption to services would only involve the time it would take to replace the aged equipment. The software would remain unchanged and unlike the transition to an entirely new system, the Kapsch software would continue to operate with both new and old equipment avoiding a period on non-toll collection. Need for New Infrastructure Kapsch played an integral role in determining the design requirements for the toll system infrastructure on the express lanes. Toll system infrastructure includes the toll gantries, roadside cabinets, changeable message signs that display information and prices, poles on which cameras and traffic detection devices are mounted, sign structures, power and fiberoptic strands. 168 Agenda Item 9 If a re-procurement is required, the awarded contractor may require changes to the existing infrastructure. An estimate of those costs has not been provided in this analysis and is noted as a potential risk. If Kapsch were to continue to operate there would be little or no changes to the existing toll system infrastructure. Risk of Issues with A New System The Commission’s toll systems have over two thousand design requirements specific to the business rules and toll policies set forth by the Commission. Due to the complicated nature of these system, they are rarely delivered on schedule or without issues. The existing database includes millions of transactions in various stages of processing and personally identifiable information for account holders and violators, and their respective financial balances. The migration of this data is complicated and leaves no margin for error. While the risks can be mitigated with planning and reconciliation, it is difficult to stop the transition process if issues are identified because once the system hardware is replaced there is not an opportunity to revert back to the old system. If the Kapsch system were to be retained there will be no migration of data required and the replacement of equipment can be performed over a period of time allowing operations to continue as normal. 15 Express Lanes Extension Staff is currently in the planning phase for an extension of the 15 Express Lanes to the south. One of the requirements for completing the planning phase and evaluating the financial model for the southern extension project is the identification of the toll system provider and operator. The southern extension could require that a toll system be installed as early as 2028. If the Kapsch Agreement were to be extended, Kapsch could be designated as the Toll System Provider for the southern extension. This would provide consistency in customer service and greatly reduce the toll system costs for the southern extension. If the toll system is reprocured it is likely that Kapsch would install equipment in 2028, and then it would be replaced when the new toll system provider is on board in 2031. San Bernardino County Transportation Authority (SBCTA) is in the planning phase for the extension of the 15 Express Lanes to the north. It would be in the best interest of the Commission and SBCTA 15 Express Lanes customers if the transactions from the SBCTA 15 Express Lanes were to be processed by the Commissions 15 Express Lanes back office. This would provide customers with a seamless experience for all 15 Express Lane matters. If the contract is reprocured, the timing and risk associated with a new toll system provider would likely prevent SBCTA from deciding to use the 15 Express Lanes Back Office. 169 Agenda Item 9 Operation and Maintenance Phase Costs The operation and maintenance phase of the current Kapsch Agreement has a cost of $101 million (stated in 2031 dollars) for a 10-year period. Staff and its independent consultants believe that the current Kapsch operation and maintenance costs are at a fair price compared to similar operations in the industry. It is believed that if the contract is reprocured, the operation and maintenance costs could significantly increase. As in the design and deployment work, a change from Kapsch as the operator would result in a transition of accounting, administration, traffic operations, system maintenance and customer service personnel. Not only has the Commission made a large investment in the Kapsch systems, but the Commission has also invested significant time and money in the development of the Kapsch operations staff and peripheral processes, such as the credit card processor and mail house. Staff believes the extension of the Kapsch Agreement could result in significant annual operation and maintenance savings and avoid a disruption to service. Kapsch Report Card Staff has been pleased with the performance of the Kapsch systems and the Kapsch operations team. Staff and Kapsch have worked together since 2017 to deliver one of the most complicated toll systems in the nation. The Kapsch system is a state-of the-art system which meets the specific business rules and policies of the Commission. Kapsch has willingly worked alongside the civil contractors of the various toll projects to ensure the roadside infrastructure supported the on-road system requirements. Kapsch has been flexible in its delivery approach to accommodate changes in schedules and the addition of the 91 Express Lanes and 15/91 Express Connector to the system. Kapsch has supported various system changes required due to changes in policy or changes in state legislation. Kapsch provides a 24-hour 7 day a week operation manning the traffic operations center and maintaining and monitoring the toll systems. They have provided an operations team that is committed to providing a system which is highly available ensuring the Commission’s toll collection processes are not compromised. Their commitment to the provision of excellent customer service has been five stars. Kapsch staff meets regularly with Commission staff to review their customer service performance and offer suggestions for areas of improvement. Kapsch is an excellent partner and plays an important role in the success of the Commissions toll program. Despite delivering complicated systems in a “build” environment, Kapsch and the Commission have no unresolved disputes and continue to work together to provide a reliable toll system and excellent customer service. STAFF RECOMMENDATION: Staff requests Commission approval to enter into negotiations with Kapsch for a non-competitive 10-year extension of Agreement No. 16-31-043-00. 170 Agenda Item 9 Summary Staff believes that the retention of Kapsch for an additional 10 years is in the best interest of the Commission and the public as it: • Avoids disruption to services and toll collection; • Greatly reduces risks; • Reduces costs freeing up excess toll revenue for other uses while matching the financial plan; • Negates possible infrastructure changes; and • Allows for planning of 15 southern and northern extensions. Staff believes that it can successfully negotiate a 10-year extension with Kapsch by identifying the cost to replace existing equipment which will have reached its end of service by 2031 and by extending the payment schedule for the operations and maintenance scope of work through 2041. Staff is not aware of material changes to the Kapsch Agreement requirements or scope of work which would be required to successfully negotiate an extension of the Kapsch Agreement. FISCAL IMPACT: There is no fiscal impact at this time. If approved, staff will return with a negotiated amendment which will include the fiscal impact (cost) by fiscal year. The cost of the amendment would be funded from both 91 and 15 Express Lanes toll revenue. Approved by the Toll Policy and Operations Committee on January 25, 2024 In Favor: 4 Abstain: 0 No: 0 171 1 KAPSCH TRAFFIC COM AGREEMENT FEBRUARY 14 COMMISSION MEETING Reinland Jones, Toll Technology Manager Kapsch Agreement Summary 2 Year Cost 2017 Award Agreement 2017-2021 15 Express Lanes Design and Deployment $25 million 2019 91 Express Lanes Roadside Design and Deployment $5 million 2020 15/91 Express Connector Design and Deployment $6.7 million 2021-2031 Operate and Maintain $101 million Total $137.7 million 3 Design and Deployment •On-road Toll Collection Systems •Dynamic Pricing Systems •15 Express Lanes Traffic Operations Center •15 Express Lanes Back Office System •Furniture and Fixtures •Documentation Operate and Maintain •System maintenance and repair •Traffic operations staffing •Customer Service Staffing •Documentation 4 Items to Consider Time to reprocure and replace 6-7 years (begin 2024) Cost to replace if reprocured $70 million Cost to extend system with the Kapsch $35 million Risks with system replacement Disruption to service, loss of revenue, unplanned costs, civil infrastructure changes, data migration issues 15 Express Lanes southern extension and northern SBCTA extension Toll system needed as early as 2028 Planning Ahead 5 •Received a preliminary estimate from Kapsch for replacing hardware to retain systems for an additional 10 years (2041) •Compiled recent procurement costs from other projects with similar systems Estimated Design and Deployment Costs If Reprocured (2031$) 6 Category Estimated Cost Procurement Development (Consultant, Legal, Staff)$3.5 million Design & Development (Consultant, Staff)$4.5 million Roadside Systems $40 million Back Office System $20 million Traffic Operations Center $2.5 million Total $70 million Estimated Kapsch Extension (2031$) 7 Category Estimated Cost Procurement Development (Consultant, Legal, Staff)$1.1 million Design & Development (Consultant, Staff)$1.6 million Roadside & Back Office Systems $30 million Traffic Operations Center Systems $1.3 million Total $35 million Why is a contract extension less costly? 8 •Retaining current system design and logic, only updating end-of-life hardware •Document creation is minimized as Kapsch would only be required to update hardware design documentation •Consultant oversight needs for design and implementation are minimal •Mobilization costs would be avoided •Procurement development costs avoided Operate and Maintain 9 Annual Cost ($2031) Kapsch Current Agreement –2021to 2031 $101 million Re-procurement Unknown Kapsch if Extended –2032 to 2041 $136 million (Estimated) Procurement Manual – Sole Source Justification Chapter 7 The non-competitive procurement of non-federally funded goods and services,which otherwise require competitive procurement may be authorized under one or more of the following circumstances,subject to any minimum Agency vote required by applicable law,or any other requirements of applicable law: 10 1.0 Section 11 Except as may otherwise be limited by applicable law, the Agency determines that a non-competitive procurement is in the public interest and in the best interest of the Agency. Best interest of public and commission 11 •Minimizing use of excess toll revenue •Minimizing disruption to service •Prevent changes to existing civil infrastructure •Reduce risk of issues with a replacement system •Allows for planning for 15 north (SBCTA) and 15 south extension Kapsch Report Card •Delivered one of the most complicated toll systems in the country •Partnering attitude •State-of-the-art technology •Flexible with additions and changes •High system integrity and reliability •Excellent customer service 12 Recommendation 13 1)Authorize staff to enter into negotiations with Kapsch for a non- competitive 10-year extension of Agreement No.16-31-043-00. AGENDA ITEM 10 Agenda Item 10 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 14, 2024 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Joie Edles Yanez, Capital Projects Manager Erik Galloway, Project Delivery Director THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement for Plans, Specifications, & Estimates for the Interstate 15 Franklin Street Interchange Project WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Award Agreement No. 24-72-028-00 to HDR Engineering Inc. for plans, specifications, & estimates (PS&E) for the Interstate 15 Franklin Street Interchange Project in the amount of $8,759,405, plus a contingency amount of $875,941, for a total amount not to exceed $9,635,346; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director or designee, to approve contingency work up to the total not to exceed amount as required for these services. BACKGROUND INFORMATION: The I-15 Franklin Street Interchange Project (Project) proposes to design and build a new freeway connection interchange north of the existing Franklin Street overcrossing. The Project is Phase II of the overall I-15 improvement projects in the city of Lake Elsinore (City), with Phase I being the I-15 Railroad Canyon Road Interchange Project, which completed construction in the fall of 2022 and is now fully operational. The Riverside County Transportation Commission (RCTC) at its September 13, 2023, Commission Meeting, approved Cooperative Agreement No. 24-31-023-00 between the City and RCTC to establish the Commission as the lead agency for the PS&E phase, as well as identify the obligations and responsibilities of each agency. The agreement also identified funding for this phase in the amounts of $9,500,000 from the Western Riverside Council of Governments (WRCOG) local Transportation Uniform Mitigation Fees (TUMF), and $3,000,000 in local funds from the City, for a total amount of $12,500,000. The Project will be designed in accordance with Caltrans standards and at the completion of construction will become part of the state highway system. 172 Agenda Item 10 In cooperation with the City and Caltrans, the Project began the procurement process to enlist the services of a professional and best qualified engineering firm to work on the PS&E and right of way (ROW) engineering phases of the Project. 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- based method of selection for the procurement. The evaluation criteria included elements such as firm experience and stability, quality and experience of project manager, 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). RFQ No. 24-72-028-00 for PS&E for the Project was released by staff on September 21, 2023. The RFQ was posted on the Commission’s Planet Bids website, which is accessible through the Commission’s website. Through Planet Bids, 78 firms downloaded the RFQ; 12 of these firms are located in Riverside County. A pre-submittal meeting was held on October 5, 2023, and was attended by 18 firms. Staff responded to all questions submitted by potential proposers prior to the October 12, 2023, clarification deadline. Three firms – HDR Engineering, Inc. (Riverside); T.Y. Lin International (Ontario); and TranSystems (Santa Ana) – submitted responsive and responsible statements of qualifications prior to the 2:00 p.m. submittal deadline on November 2, 2023. Based on the evaluation criteria set forth in the RFQ, the firms were evaluated and scored by an evaluation committee comprised of Commission, Caltrans, and City of Lake Elsinore staff. Based on the evaluation committee’s assessment of the written statement of qualifications and pursuant to the terms of the RFQ, the evaluation committee shortlisted and invited all three firms (HDR Engineering, Inc., T.Y. Lin International, and TranSystems) to the interview phase of the evaluation and selection process. Interviews were conducted on November 29, 2023. The evaluation committee conducted a subsequent evaluation of each firm, based on both written and interview components presented to the evaluation committee by each proposer. The evaluation committee recommends contract award to HDR Engineering, Inc. for PS&E for the I-15 Franklin Street Interchange Project, as this firm earned the highest total evaluation score. Subsequently, staff negotiated the scope of services (including the appropriate level of effort, labor categories, etc.), schedule, and cost from HDR Engineering, Inc. for the PS&E for the Project and established a fair and reasonable price. As part of the procurement process for architectural and engineering services, the contract is subject to a pre-award audit. The proposed cost is $8,759,405 and may change slightly as a result of the pre-award audit. Staff recommends award of Agreement No. 24-72-028-00 for PS&E for the Project in the amount of $8,759,405, plus a contingency amount of $875,941, for a total amount not to exceed $9,635,346. A 10 percent contingency is assumed for this Project. Staff also recommends authorization for the Chair or Executive Director to finalize and execute the agreement for the Project, and authorization of the 173 Agenda Item 10 Executive Director, or designee, to approve contingency work up to the total not to exceed amount as required for these services. FISCAL IMPACT: The proposed contract with HDR engineering including contingency totals $9,635,346. All project cost will be borne by the City, and the Commission will be reimbursed for all its costs associated with the Project, including those for internal costs and the consultant. Specifically, the City will reimburse RCTC for projects costs incurred. There are sufficient funds in the Fiscal Year 2023/24 budget to begin PS&E services. No budget amendments are required at this time. PS&E will continue to be budgeted for subsequent years to complete these phases of the Project. Additional funding will be provided by the City for ROW acquisition, utility relocation, identified RCTC internal costs, and construction phases. Expenditure Schedule Item FY 2023/24 FY 2024/25+ Total Amount Fund Source 1 PS&E + Contingency $589,900 $9,045,445 $9,635,346 Local City 2 ROW 0 $1,924,655 $1,924,654 Local City 3 Internal Costs (RCTC / Bechtel / Legal) $200,000 $740,000 $740,000 Local City Total $789,900 $11,710,100 $12,500,000 Financial Information In Fiscal Year Budget: Yes Year: FY 2023/24 FY 2024/25+ Amount: $589,900 $9,045,456 Source of Funds: Local TUMF and Local City Budget Adjustment: No GL/Project Accounting No.: Revenue: 005138 41604 210 72 41203 $9,635,346 (Local City) Expenditure: 005138 81102 210 72 81101 $9,635,346 (Final Design) Fiscal Procedures Approved: Date: 01/11/2024 Attachments: 1) Executed Commission - City of Lake Elsinore Cooperative Agreement No. 24-31-023-00 2) WRCOG – City of Lake Elsinore TUMF Agreement No. 22-SW-LEL-1204 3) Draft Contract Agreement HDR PS&E Agreement No. 24-72-028-00 174 Agenda Item 10 Approved by the Western Riverside County Programs and Projects Committee on January 22, 2024 In Favor: 10 Abstain: 0 No: 0 175 17336.01200\41448127.3 1 Agreement No. 24-31-023-00 COOPERATIVE AGREEMENT BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION, CITY OF LAKE ELSINORE FOR THE INTERSTATE 15 (1-15) FRANKLIN STREET INTERCHANGE PROJECT PLANS SPECIFICATIONS AND ESTIMATES PHASE 1. Parties and Date. This Cooperative Agreement is made and entered into this ____ day of ______________, 2023 (“Effective Date”), by and between the Riverside County Transportation Commission (“RCTC”) and the City of Lake Elsinore (“City”). RCTC and the City are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. 2. Recitals. 2.1 The Western Riverside Council of Governments (WRCOG) has allocated $9.5 Million for the Plans, Specifications, and Estimates phase for the I-15 Franklin Street Interchange Project (“Project”). 2.2 The PS&E phase for the Project includes preparation of the PS&E final design, right-of-way management, right-of-way acquisitions, and RCTC internal costs consisting of program management and legal services (“PS&E Phase”) 2.3 WRCOG and City have entered in a funding agreement allocating the above referenced $9.5 Million to City for the PS&E Phase. An additional $3.0 Million in local funds from the City will be committed to the PS&E Phase, for a total of $12.5 Million towards the PS&E Phase. 2.4 The Project is located adjacent to and within the jurisdictional boundaries of the City of Lake Elsinore and may require improvements to streets within the City. 2.5 The City has requested that RCTC be the lead agency for the PS&E Phase. 2.6 RCTC has agreed to act as the lead agency for the the PS&E Phase. 3. Terms. 3.1 PS&E Phase Work. A. RCTC shall be the lead agency for the PS&E Phase. RCTC shall select, retain and oversee consultants to complete the PS&E Phase work and services including, but not limited to, preparation of the PS&E document. The PS&E Phase work October24th DocuSign Envelope ID: 8C8756F0-8DDA-4F93-8DD7-EEA030D972F0 176 17336.01200\41448127.3 2 and services shall be funded by the funding sources set forth in Section 2.3 above. The Parties agree that RCTC shall not have any obligation to fund the PS&E Phase work or services using its own funds. In the case that additional funds are needed to complete the PS&E Phase work or services, beyond the funding described in Section 2.3, the City shall be responsible for identifying and obtaining such additional funding. Allocation of additional funding shall be by amendment to this Cooperative Agreement or by separate agreement. B. RCTC shall complete the PS&E Phase work and services within the term of this Agreement, as provided in Section 3.2, unless extended by mutual agreement of the Parties. C. Funding and responsibilities for any other phases of the Project, or construction of any portion or all of the Project, shall be by separate agreement. 3.2 Term of Agreement. The term of this Cooperative Agreement shall extend from the Effective Date and shall remain in effect through December 31, 2030, or until written agreement by the Parties that the PS&E Phase has been completed, unless earlier terminated as provided in this Cooperative Agreement. 3.3 Cooperation. RCTC and the City agree to cooperate in the development of the PS&E document for the Project, completion of the PS&E Phase work and services, and the implementation of this Cooperative Agreement. 3.4 Reporting. RCTC shall, in a timely manner, provide milestone reports to the City, detailing the progress of the PS&E Phase work and services. 3.5 Obligations of the City. A. RCTC shall submit invoices no less frequently than quarterly in any quarter in which reimbursable expenses are incurred but not to exceed once per month. The City shall timely review and pay approved invoices within thirty (30) days. The City shall promptly notify RCTC of any disputed charges. B. The City may provide a City oversight engineer or other City staff to oversee the PS&E Phase work and services at its own cost. C. The City shall process any City encroachment permits required for the PS&E Phase at no cost to RCTC or its consultant(s) provided that RCTC or the consultant(s), as the case may be, submits a complete application for such encroachment permits consistent with City’s requirements. The determination on whether the application is complete and whether an encroachment permit may be issued shall be made by the City in its sole and absolute discretion pursuant to its municipal code, policies, procedures, and any other applicable law. DocuSign Envelope ID: 8C8756F0-8DDA-4F93-8DD7-EEA030D972F0 177 17336.01200\41448127.3 3 D. The City shall timely review design plans for the Project including, but not limited to, the PS&E document and provide any approvals or comments within thirty (30) days of receipt of the plans. If the City fails to provide any comments or its approval within said time period, RCTC shall provide notice to the City Engineer of the City that the design plans shall be deemed approved by the City if no comments are received within an additional 15 days. The CITY shall inspect any other PS&E Phase work or services upon written notice of completion of the work or services by RCTC to the City, and shall timely provide approval or identify any nonconformities identified by the City within thirty (30) days, or such other reasonable period requested by RCTC. 3.6 Obligations of RCTC A. RCTC shall serve as the lead agency for the PS&E Phase. RCTC shall be responsible for procuring, retaining and overseeing consultant(s) as required for completion of the PS&E Phase, or as reasonably necessary for PS&E Phase completion. B. RCTC shall provide the City an opportunity to review and approve all design documents for the Project prior to finalization of such design document for the Project for public bidding purposes. C. RCTC shall invoice the City for PS&E Phase expenses incurred in accordance with this Cooperative Agreement, no less frequently than quarterly in any quarter in which reimbursable expenses are incurred, but not to exceed once per month. Invoices submitted to the City shall be in a form and include such detail as reasonably requested by the City. D. RCTC shall require that the consultant(s) retained for the PS&E Phase include the City as an additional insured and indemnified party under RCTC’s agreements with the consultant(s). 3.7 Mutual Indemnification. A. RCTC shall, at its sole cost and expense, indemnify, defend and hold the City, its officials, officers, employees, consultants and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, judgments, penalties, damages or injuries, in law or in equity, to property or persons, including wrongful death, whether actual, alleged or threatened, which arise in any manner out of, pertain to, or relate to, in whole or in part, to any negligent acts, omissions or breach of law, recklessness, or willful misconduct of RCTC, its officials, officers, employees, agents, consultants or contractors in the performance of RCTC’s obligations under this Cooperative Agreement, including but not limited to the payment of expert witness fees and reasonable attorneys’ fees and costs. B. The City shall, at its sole cost and expense, indemnify, defend and hold RCTC and its officials, officers, employees, consultants and agents free and DocuSign Envelope ID: 8C8756F0-8DDA-4F93-8DD7-EEA030D972F0 178 17336.01200\41448127.3 4 harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, judgments, penalties, damages or injuries, in law or in equity, to property or persons, including wrongful death, whether actual, alleged or threatened, which in any manner arise out of, pertain to, or relate to, in whole or in part, to any negligent acts, omissions or breach of law, recklessness, or willful misconduct of City, its officials, officers, employees, agents, consultants or contractors in the performance of City obligations under this Cooperative Agreement, including but not limited to the payment of expert witness fees and reasonable attorneys’ fees and costs. 3.8 Amendments. The terms and conditions of this Cooperative Agreement shall not be altered or modified at any time except by a written amendment executed by the mutual consent of the Parties by an instrument in writing. 3.9 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either Party shall be deemed to waive or render unnecessary such Party’s consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Cooperative Agreement. 3.10 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Cooperative Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Funding Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 3.11 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Cooperative Agreement, shall survive any such expiration or termination. 3.12 RCTC Disclaimer. In no event shall RCTC be responsible or liable for the quality, suitability, operability or condition of any design or construction by the Project consultants or the contractor, as applicable, and RCTC expressly disclaims any and all express or implied representations or warranties with respect thereto, including any warranties of suitability or fitness for use. 3.13 Third Party Beneficiaries. There are no third-party beneficiaries to this Cooperative Agreement. 3.14 Termination. Any Party may terminate this Cooperative Agreement by giving thirty (30) days written notice thereof. 3.15 Assignment or Transfer. The Parties shall not assign, hypothecate, or transfer, either directly or by operation of law, this Cooperative Agreement or any interest herein without the prior written consent of the other Parties. Any attempt to do so shall DocuSign Envelope ID: 8C8756F0-8DDA-4F93-8DD7-EEA030D972F0 179 17336.01200\41448127.3 5 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. 3.16 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation 3.17 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: To RCTC: Riverside County Transportation Commission 4080 Lemon Street, Third Floor P.O. Box 12008 Riverside, CA 92502-2208 Attention: Executive Director Copy to: Best, Best & Krieger, LLP 3390 University Ave. 5fl. Riverside, CA 92501 Attention: Steven C. DeBaun To City: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attention: City Manager Copy to: Leibold McClendon & Mann 9841 Irvine Center Drive Suite 230 Irvine, California 92618 Attention: Barbara Leibold, City Attorney Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 3.18 Time of Performance. Time is of the essence in the performance of this Agreement. 3.19 Governing Law. This Agreement is in all respects governed by California law and venue for any dispute shall be in Riverside County. DocuSign Envelope ID: 8C8756F0-8DDA-4F93-8DD7-EEA030D972F0 180 17336.01200\41448127.3 6 3.20 Insurance. The Parties each verify that they are self-insured or maintain insurance coverage through a Joint Powers Authority in reasonable and customary amounts for their respective operations. 3.21 Authority to Enter into Agreement. Each Party warrants that the individuals who have signed this Cooperative Agreement have the legal power, right and authority to make this Cooperative Agreement and bind each respective Party. 3.22 Counterparts. This Cooperative Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 3.23 Electronically Transmitted Signatures; Electronic Signatures. A manually signed copy of this Cooperative 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 Cooperative Agreement for all purposes. This Cooperative Agreement may be signed using an electronic signature. 3.24 Entire Agreement. This Cooperative Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement on the date first herein above written. [Signatures on following page] DocuSign Envelope ID: 8C8756F0-8DDA-4F93-8DD7-EEA030D972F0 181 17336.01200\41448127.3 7 SIGNATURE PAGE TO INTERSTATE 15 FRANKLIN STREET INTERCHANGE PROJECT PLANS SPECIFICATIONS, AND ESTIMATES PHASE COOPERATIVE AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed the Agreement as of the Effective Date. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: _________________________ Anne Mayer, Executive Director CITY OF LAKE ELSINORE By: __________________________ Title: ________________________ APPROVED AS TO FORM: By: _________________________ Best Best & Krieger LLP Counsel to RCTC APPROVED AS TO FORM: By: __________________________ Title: ________________________ ATTEST: By: __________________________ Title: ________________________ DocuSign Envelope ID: 8C8756F0-8DDA-4F93-8DD7-EEA030D972F0 City Manager City Attorney City Clerk 182 22-SW-LEL-1204 Page 1 of 23 \TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AGREEMENT TO REIMBURSE TUMF FUNDS INTERSTATE 15 FRANKLIN STREET INTERCHANGE IMPROVEMENT PROJECT FINAL PS&E PHASE THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of this __________day of __________, 20__, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and City of Lake Elsinore, a California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”. RECITALS A.WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”). B.WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”). The Qualifying Projects are more specifically described in that certain WRCOG study titled “TUMF Nexus Study”, as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study. C.The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects. D.The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1.Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for _Interstate 15 Franklin Street Interchange Improvement Project, (the “Project”), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows: 1)PS&E – Plans, Specifications and Estimates 2.WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Six Million Dollars DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 10th 23January 183 ATTACHMENT 2 22-SW-LEL-1204 Page 2 of 23 ($6,000,000), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project. 4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”. 5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evidencing the AGENCY’S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. (b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director. The WRCOG Executive Director shall DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 184 22-SW-LEL-1204 Page 3 of 23 provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by reference. (c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG’s sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then -current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG’s Executive Director which shall be communicated to the AGENCY in writing. 7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project. 8. AGENCY’s Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project. 9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project. DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 185 22-SW-LEL-1204 Page 4 of 23 10. AGENCY local match funding is not required, as shown in Exhibit “A” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects. 11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 12. Representatives of the Parties. WRCOG’s Executive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Jason Simpson, City Manager, or his or her designee, as the AGENCY’s representative to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project. 13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 14. Review of Services. The AGENCY shall allow WRCOG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 15. Termination. (a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. (b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 186 22-SW-LEL-1204 Page 5 of 23 AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided. (c) 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. 16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any cl aim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. 18. Indemnification. (a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY. (b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 187 22-SW-LEL-1204 Page 6 of 23 (c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project. 19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. (a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shal l apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: (i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; (ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and (iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. (c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. (d) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident. DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 188 22-SW-LEL-1204 Page 7 of 23 20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 22. Limited Scope of Duties. WRCOG’s and the AGENCY’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 23. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respe ct to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit. 24. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment 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. 25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 26. Attorneys’ Fees. If either party commences an action against the other party 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 costs of suit. DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 189 22-SW-LEL-1204 Page 8 of 23 27. Time of Essence. Time is of the essence for each and every provision of this Agreement. 28. 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. 29. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds. 30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 31. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Admini stration and the Federal Department of Transportation. 32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Attention: Jason Simpson, City Manager Telephone: (951) 674-3124 Facsimile: (951) 471-1261 If to WRCOG: Western Riverside Council of Governments 3390 University Avenue; Suite 200 Riverside, California 92501 Attention: Christopher Gray, Deputy Executive Director Telephone: (951) 405-6710 Facsimile: (951) 223-9720 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, 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. DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 190 22-SW-LEL-1204 Page 9 of 23 33. Integration; Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the PARTIES. 34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 35. Conflicting Provisions. In the event that provisions of any attached appendices or 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 Agreement. 36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance. 37. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 38. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 191 22-SW-LEL-1204 Page 10 of 23 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written. WESTERN RIVERSIDE COUNCIL CITY OF LAKE ELSINORE OF GOVERNMENTS By: Date: By: Date: Dr. Kurt Wilson Natasha Johnson Executive Director Mayor Approved to Form: Approved to Form: By: Date: By: Date: Steven C. DeBaun Barbara Leibold General Counsel City Attorney Attestation: By: Date: Candice Alvarez, MMC City Clerk DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 2/15/2023 4/3/2023 4/24/2023 4/24/20234/24/23 192 22-SW-LEL-1204 Exhibit A Page 11 of 23 EXHIBIT “A” SCOPE OF WORK SCOPE OF WORK: This TUMF Reimbursement is for the Final Plans, Specifications, and Estimate (PS&E) Phase only. Final PS&E includes the development of the plans, specifications, and construction cost estimate; obtaining any resource agency permits, and advertisement/award of the construction contract. From approved FTIP: CONS NEW I-15/FRANKLIN ST INC, CONST AUX LNS FROM FRANKLIN ST IC TO MAI NST IC & FROM FRANKLIN ST IC TO RR CYN IC, REALIGN & RECONSTRUCT MAIN ST SB ON RAMP FROM 1-2 LNS, ON WS OF I-15 CONST AUTO CENTER DR EXTNSN FROM EX FRANKLIN ST TO ADOBE ST & ON ES OF I-15 AND CONST CNY ESTATE DR EXT FROM EX FRANKLIN ST TO CAMINO DEL NORTE DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 193 22-SW-LEL-1204 Exhibit A – 1 Page 12 of 23 EXHIBIT “A-1” ESTIMATE OF COST Phase TUMF LOCAL TOTAL PA&ED PS&E $6,000,000 $2,000,000 $8,000,000 RIGHT OF WAY CONSTRUCTION TOTAL $6,000,000 $2,000,000 $8,000,000 DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 194 22-SW-LEL-1204 Exhibit A – 2 Page 13 of 23 EXHIBIT “A-2” PROJECT SCHEDULE TIMETABLE: This TUMF Reimbursement is for Final PS&E Phase only. Final PS&E is anticipated to begin February 2023 with estimated completion date of February 2025. Phase Estimated Completion Date Estimated Cost Comments PA&ED August 2017 $3,786,801 PA&ED completed with RR Canyon IC PS&E February 2025 $8,000,000 Est. Start Date: February 2023 RIGHT OF WAY February 2026 $8,000,000 CONSTRUCTION July 2028 $80,000,000 TOTAL $99,786,801 DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 195 22-SW-LEL-1204 Exhibit B Page 14 of 23 Elements of Compensation EXHIBIT “B” PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs. 2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”. 3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5”. All documentation from the Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”. 5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit “B” and its attachments. 6. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice. 7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows: DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 196 22-SW-LEL-1204 Exhibit B Page 15 of 23 “I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. Signed ________________________________ Title __________________________________ Date __________________________________ Invoice No. ____________________________ 8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG. DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 197 22-SW-LEL-1204 Exhibit B-1 Page 16 of 23 EXHIBIT “B-1” [Sample for Professional Services] For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”). 1. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components: 1.1.2.1 Direct Salary Costs ____________________ 1.1.2.2 Payroll Additives ____________________ The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. 1.1.2.3 Overhead Costs ____________________ DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 198 22-SW-LEL-1204 Exhibit B-1 Page 17 of 23 The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier ____________________ (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 FIXED FEE. 1.2.1 The fixed fee is $______________________. 1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE [___insert charges___] Per Diem $ /day Car mileage $ /mile Travel $ /trip Computer Charges $ /hour Photocopies $ /copy Blueline $ /sheet LD Telephone $ /call Fax $ /sheet Photographs $ /sheet Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency’s office must have Agency's prior written approval to be reimbursed under this Agreement. DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 199 22-SW-LEL-1204 Exhibit B-1 Page 18 of 23 2. DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF HOURLY RATES [___sample___] Principal $ .00 - $ .00/hour Project Manager $ .00 - $ .00/hour Sr. Engineer/Planner $ .00 - $ .00/hour Project Engineer/Planner $ .00 - $ .00/hour Assoc. Engineer/Planner $ .00 - $ .00/hour Technician $ .00 - $ .00/hour Drafter/CADD Operator $ .00 - $ .00/hour Word Processor $ .00 - $ .00/hour 2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal. 3. INVOICING. 3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative. 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice. DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 200 22-SW-LEL-1204 Exhibit B-1 Page 19 of 23 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed _____________________________ Title _____________________________ Date _____________________________ Invoice No. _____________________________ 4. PAYMENT 4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. 4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment. DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 201 22-SW-LEL-1204 Exhibit B-2 Page 20 of 23 EXHIBIT B-2 Sample Cover Letter to WRCOG Date Western Riverside Council of Governments 3390 University Avenue; Suite 450 Riverside, California 92501 Attention: Deputy Executive Director ATTN: Accounts Payable Re: Project Title - Invoice #__ Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 =========== I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed. By: _____________________________ Name Title cc: DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 202 22-SW-LEL-1204 Exhibit B-3 Page 21 of 23 EXHIBIT B-3 Sample Letter from Contractor to AGENCY Month/Date/Year Western Riverside Council of Governments 3390 University Avenue; Suite 200 Riverside, California 92501 Attention: Deputy Executive Director Attn: Accounts Payable Invoice #____________ For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year . Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Base Contract Amount: $000,000.00 Authorized Extra Work (if Applicable) $000,000.00 ------------------ TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00 Total Invoice to Date: $000,000.00 Total Previously Billed: $000,000.00 Balance Remaining: $000,000.00 Amount Due this Invoice: $000,000.00 ========== I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, By: ____________________ Name Title DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 203 22-SW-LEL-1204 Exhibit B-4 Page 22 of 23 EXHIBIT B-4 SAMPLE TASK SUMMARY SCHEDULE (OPTIONAL) DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 204 22-SW-LEL-1204 Exhibit B-5 Page 23 of 23 EXHIBIT B-5 Sample Progress Report REPORTING PERIOD: Month/Date/Year to Month/Date/Year PROGRESS REPORT: #1 A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL 1. Responded to Segment 1 comments from Department of Transportation 2. Completed and submitted Segment 1 final PS&E B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action None None C. Work Planned Next Period TASK 01 – 100% PS&E SUBMITTAL 1. Completing and to submit Traffic Signal and Electrical Design plans 2. Responding to review comments DocuSign Envelope ID: 5D649715-5B77-41E7-9407-772918D2F85B 205 17336.00001\41663366.1 1 Agreement No. 24-72-028-00 PROFESSIONAL SERVICES AGREEMENT RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT WITH HDR ENGINEERING, INC. FOR THE PLANS, SPECIFICATIONS & ESTIMATES (PS&E) FOR THE INTERSTATE 15 FRANKLIN STREET INTERCHANGE PROJECT Parties and Date. This Agreement is made and entered into this ___ day of _______, 2024, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and HDR ENGINEERING, INC. ("Consultant"), a CORPORATION. The Commission and Consultant are sometimes referred to herein individually as “Party”, and collectively as the “Parties”. Recitals. A.On November 8, 1988 the Voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax (the “tax”) to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the “Plan”). B.Pursuant to Public Utility Code Sections 240000 et seq., the Commission is authorized to allocate the proceeds of the Tax in furtherance of the Plan. C.On November 5, 2002, the voters of Riverside County approved an extension of the Measure A tax for an additional thirty (30) years for the continued funding of transportation and improvements within the County of Riverside. D.Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing PLANS, SPECIFICATIONS, & ESTIMATES services to public clients, is licensed in the State of California (if necessary), and is familiar with the plans of the Commission. E.The Commission desires to engage Consultant to render such services for the INTERSTATE 15 FRANKLIN STREET INTERCHANGE PROJECT (“Project”), as set forth in this Agreement. DRA F T ATTACHMENT 3 206 17336.00001\41663366.1 2 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 PS&E for the I-15 Franklin Street Interchange Project 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. Term. 3.1 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, 2028, unless extended by contract amendment. 3.2 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. 3.3 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. 4. Commission’s Contract Administrator. The Commission hereby designates the Commission’s Executive Director, or his or her designee, to act as its Contract Administrator for the performance of this Agreement (“Commission’s Contract Administrator”). Commission’s Contract Administrator shall have the authority to act on behalf of the Commission for all purposes under this Agreement. Commission’s Contract Administrator shall also review and give approval, as needed, to the details of Consultant’s work as it progresses. Consultant shall not accept direction or orders from any person other than the Commission’s Contract Administrator or his or her designee. 5. Consultant’s Representative. Consultant hereby designates David Lew 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 DRA F T 207 17336.00001\41663366.1 3 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. 6. 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: David Lew, Brooke Bannasch, Montserrat Martin, and Brian Calvert. 7. Standard of Care; Licenses; Evaluation. 7.1 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 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. DRA F T 208 17336.00001\41663366.1 4 7.2 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. 8. 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. Consultant hereby indemnifies and holds the Commission harmless, pursuant to the indemnification provisions contained in this Agreement, from any and all claims that may be made against the Commission based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. 9. Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services. 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. 9.1 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. 9.2 Trend Meetings. Consultant shall conduct trend meetings with the Commission’s Contract Administrator and other interested parties, as requested by the Commission, on a bi weekly basis or as may be mutually scheduled by the Parties at a standard day and time. These trend meetings will encompass focused and informal discussions concerning scope, schedule, and current progress of Services, relevant cost issues, and future Project objectives. Consultant shall be responsible for the preparation and distribution of meeting agendas to be received by the Commission and other attendees no later than three (3) working days prior to the meeting. DRA F T 209 17336.00001\41663366.1 5 9.3 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. 10. Delay in Performance. 10.1 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, quarantine restrictions, strikes, freight embargoes or unusually severe weather, performance of such act shall be excused for the period of such delay. 10.2 Written Notice. If Consultant believes it is entitled to an extension of time due to conditions set forth in subsection 10.1, 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. 10.3 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. 11. 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. 12. 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 DRA F T 210 17336.00001\41663366.1 6 regarding questions of a legal nature or which may be construed as constituting a legal opinion. 13. 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 to inspect or review Consultant’s work in progress at any reasonable time. 14. Claims Filed by Contractor. 14.1 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. 14.2 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. 14.3 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. 14.4 Nothing contained in this Section shall be construed to in any way limit Consultant’s indemnification obligations contained in Section 26. In the case of any conflict between this Section and Section 26, Section 26 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 26 of this Agreement. 15. 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. 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. DRA F T 211 17336.00001\41663366.1 7 16. 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. 17. Fees and Payment. 17.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The Total Compensation shall not exceed Eight Million, Seven Hundred Fifty-Nine Thousand, Four Hundred Five Dollars ($8,759,405) without written approval of Commission’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 17.2 Payment of Compensation. Consultant shall submit a monthly itemized 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. Charges specific to each Milestone listed in the Schedule of Services shall be listed separately on an attachment to each statement. Each statement shall be accompanied by a monthly progress report and spreadsheets showing hours expended for each task for each month and the total Project to date. Each statement shall include a cover sheet bearing a certification as to the accuracy of the statement signed by the Consultant’s Project Manager or other authorized officer. 17.3 Extra Work. At any time during the term of this Agreement, Commission may request Consultant to perform Extra Work. As used herein, “Extra Work” means DRA F T 212 17336.00001\41663366.1 8 any work which is determined by the Commission to be necessary for 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 Representative. In the event an Extra Work Order is not issued and signed by Commission’s Representative, Consultant shall not provide such Extra Work. 17.4 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by the Commission’s Representative. 18. Disputes. 18.1 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. 18.2 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. 18.3 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. 19. Termination; Suspension. 19.1 Commission reserves the right to terminate this Agreement for any or no reason upon written notice to Consultant setting forth the effective date of termination, with the reasons for termination stated in the notice. 19.2 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. DRA F T 213 17336.00001\41663366.1 9 19.3 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. 19.4 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. 19.5 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. 19.6 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. 19.7 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. 19.8 Consultant may not terminate this Agreement except for cause. 19.9 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. DRA F T 214 17336.00001\41663366.1 10 20. 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 and the Commission shall have access to any books, records, and documents of Consultant that are pertinent to this Agreement for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. 21. Audit Review Procedures. 21.1 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. 21.2 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. 21.3 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. 22. Subcontracting. 22.1 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. 22.2 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. DRA F T 215 17336.00001\41663366.1 11 22.3 Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by Commission. 22.4 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. 22.5 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). 22.6 Exhibit “B” 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 “B” shall be the same for both the Consultant and all subconsultants, unless otherwise identified in Exhibit “B”. The subconsultant rate schedules and cost proposals contained herein are for accounting purposes only. 23. Equipment Purchase 23.1 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. 23.2 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. 23.3 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. DRA F T 216 17336.00001\41663366.1 12 23.4 All subcontracts in excess $25,000 shall contain the above provisions. 24. Labor Code Requirements. 24.1 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 State, and local laws and ordinances applicable to the Services. (b) Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section. (c) When prevailing wages apply to the Services described in the Scope of Services, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. (d) Copies of the prevailing rate of per diem wages in effect at commencement of this Agreement are on file at the Commission’s offices. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 24.2 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. 24.3 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 DRA F T 217 17336.00001\41663366.1 13 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. 24.4 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub-consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Consultant 25. Ownership of Materials/Confidentiality. 25.1 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 DRA F T 218 17336.00001\41663366.1 14 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. 25.2 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. 25.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, DRA F T 219 17336.00001\41663366.1 15 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. 25.4 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. 26. 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 DRA F T 220 17336.00001\41663366.1 16 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. 27. Insurance. 27.1 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. 27.2 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 DRA F T 221 17336.00001\41663366.1 17 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. 27.3 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 $2,000,000 per claim. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. Subconsultants of Consultant shall obtain such insurance in an amount not less than $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. 27.4 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 and its directors, officials, officers, employees and agents as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant. 27.5 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 DRA F T 222 17336.00001\41663366.1 18 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 and 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 and 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 and 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. (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 DRA F T 223 17336.00001\41663366.1 19 of the specified minimum insurance coverage requirements and/or limits set forth herein shall be available to the Commission and 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 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 DRA F T 224 17336.00001\41663366.1 20 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: 27.6 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self-insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 27.7 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. 27.8 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. 27.9 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. 27.10 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 DRA F T 225 17336.00001\41663366.1 21 insurance program to be adequate. Consultant shall have the right to purchase insurance in addition to the insurance required in this Section. 28. 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. 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 26 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. 29. Prohibited Interests. 29.1 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. 29.2 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 DRA F T 226 17336.00001\41663366.1 22 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. 29.3 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. 29.4 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. 29.5 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. DRA F T 227 17336.00001\41663366.1 23 29.6 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. 30. 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. 31. Right to Employ Other Consultants. Commission reserves the right to employ other consultants in connection with the Project. 32. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 33. Disputes; Attorneys’ Fees. 33.1 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. 33.2. 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. 34. Time of Essence. Time is of the essence for each and every provision of this Agreement. 35. 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. 36. 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: DRA F T 228 17336.00001\41663366.1 24 CONSULTANT: COMMISSION: HDR Engineering, Inc. Riverside County Transportation Commission 2280 Market Street, Ste. 100 4080 Lemon Street, 3rd Floor Riverside, CA 92501-2110 Riverside, CA 92501 Attn: David Lew 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. 37. 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. 38. Amendment or Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 39. 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. 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. 41. 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. 42. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 43. 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. 44. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. DRA F T 229 17336.00001\41663366.1 25 45. 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. 46. 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. 47. 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. 48. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 49. 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. 50. 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] DRA F T 230 17336.00001\41663366.1 26 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT 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 HDR ENGINEERING INC. By: Signature Name Title ATTEST: By: Its: ___________________________ * A corporation requires the signatures of two corporate officers. One signature shall be that of the chairman of board, the president or any vice president and the second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation. If the above persons are not the intended signators, evidence of signature authority shall be provided to RCTC. DRA F T 231 17336.00001\41663366.1 A-1 EXHIBIT “A” SCOPE OF SERVICES [attached behind this page] DRA F T 232 I‐15 Franklin Street Interchange Project PS&E SCOPE OF WORK PROJECT DESCRIPTION The Interstate 15 (I‐15) Franklin Street Interchange improvements (Project) includes a new interchange over the I‐15 mainline providing a four‐lane overcrossing, approximately 0.22 miles north of the existing Franklin Street overcrossing. The existing Franklin Street overcrossing will be protected in place and kept in operation after construction of the project Along the I‐15, auxiliary lanes will be provided from Franklin to both the Railroad Canyon Road interchange and the Main Street interchange. Auto Center Drive will be realigned, widened, and extend to tie into new Franklin Street‐Avenue 6 with a two‐lane local roadway facility. The southbound entrance ramp at Main Street will be realigned to provide a standard merge‐diverge distances. ADA compliant pedestrian and bicycle facilities will be installed on Franklin Street. TASK 1 – PROJECT MANAGEMENT/COORDINATION/ADMINISTRATION 1‐1 Coordination/Administration This task covers project management services including the requirements for Site Visits, Document Control, Invoices, Subconsultant coordination, and administration of CONSULTANT’s work for a 28‐month period. 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, the City of Lake Elsinore (City), and other agencies. 1‐1.1 Meetings During the course of the contract, the CONSULTANT shall prepare for, and attend the following meetings:  Monthly Project Development Team (PDT)  Monthly Trend Meetings  Follow‐up Technical Workshops, as needed.  RCTC Commission meetings and Informational public outreach meetings, as needed.  Agency Coordination meetings CONSULTANT will prepare notices, agendas, handouts, minutes, and progress plans. Deliverables:  Meeting Agendas and Minutes Assumptions:  All meetings will be held virtually except for RCTC commission meetings and public outreach meetings. DRA F T 233 1.1‐2 Schedules CONSULTANT shall submit an initial Project Master Schedule. Following approval by Commission, this schedule will become the Project Target Schedule. Project schedule will be updated after each PDT. The following elements will be included by CONSULTANT in the Schedule:  Agency Review time  Order of Sequence of significant work  Major Milestones  Critical Path Tasks Deliverables:  Baseline Schedule 1‐1.3 Project Control and Administration Along with an invoice at the end of each month, CONSULTANT shall report the progress of the work with a narrative of the monthly Progress Report which shall describe the overall progress of the work, discuss significant project issues and present proposed corrective action and show the status of major changes. CONSULTANT shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the work. Deliverables:  Monthly Progress Reports and Invoices 1‐1.4 Quality Management Plan CONSULTANT shall prepare a Quality Management Plan (QMP) and implement and maintain a Quality Assurance/Quality Control process throughout the services under this Agreement. The QMP will establish Quality Assurance and Quality Control processes and procedures; describe how the quality of the work products will be managed to minimize or eliminate errors and omissions; confirm that design reports, studies, plans, specifications, quantities, estimates and other design documents are complete, accurate, consistent, checked, and reviewed. Deliverables:  Quality Management Plan 1‐2 Project Management Plan CONSULTANT shall prepare a PMP for all project team members to use throughout the project. The PMP will include the project schedule, key milestone dates, project organization chart, financial targets, communication protocols, and quality control procedures. The PMP will also include the design criteria to be used for the project, along with the required standards of practice. Deliverables:  Project Management Plan 1‐3 Public Outreach CONSULTANT will work with the City and Commission to help develop and conduct a public outreach program during the design phase. The outreach program will share with the public the DRA F T 234 general scope of the project, anticipated and real construction impacts, mitigation measures and traffic management plans, and project schedule. This outreach program will also solicit meaningful and informed feedback from the community. CONSULTANT shall assist the commission in the following:  Designing one (1) public outreach plan. o One community analytics report o One outreach schedule o One draft public outreach plan o One final public outreach plan  Hosting one (1) public meeting, open house format. o Open house promotion – virtual outreach o Open house promotion – in‐person outreach o Secure public meeting/open house venue  Design and production of bilingual outreach materials and surveys. o Open house invitation flyer o Informational flyer o Door hangers o Digital engagement content (social media posts, website copy, and advertisements) o One open house/public meeting PowerPoint presentation  Designing and deploying an educational social media campaign. o Geo‐targeting o Content translation (Spanish) o One Social media schedule  Community‐Based Organization Partnership/Community Stakeholder Engagement o Establishment of a community‐based organization equity advisory board o Community events participation to educate the community and collect feedback o Cultural competence review of outreach materials o Dissemination of outreach materials and surveys through CBOs’ social media and email lists.  Producing one public outreach summary. Deliverables:  Public Outreach Plan  Outreach materials (bilingual)  Digital engagement content for Open House  Public Outreach Summary Assumptions:  Public Outreach task is conducted during the Design Phase where RCTC will lead the effort and Consultant shall provide support. DRA F T 235  Public Relations can be provided during the construction phase as additional work and will be coordinated with RCTC on the scope and fee, if required.  Project update to the commission will be made by RCTC staff.  The public meeting/open house venue will be provided by the City of Lake Elsinore.  Consultant will provide the digital content to RCTC. RCTC will coordinate internally to upload onto their website.  1 round of reviews assumed for the outreach plan and outreach materials.  Spanish interpretation and translation included. Other languages would require small fee adjustments. DRA F T 236 TASK 2 – 30% PS&E 2‐1 Data Collection CONSULTANT will collect existing topographic maps, as‐built drawings, reports, and other available materials. CONSULTANT will request data from Caltrans, Commission, City, and other agencies, as appropriate. 2‐2 Encroachment Permit Application CONSULTANT will prepare and submit permit applications for surveying, geotechnical investigations, construction, and environmental clearances. Deliverables:  Encroachment Permit (rider) Assumptions:  A Parent Permit will be provided by the Commission. CONSULTANT shall apply for a rider or double permit. 2‐3 Design Surveys & Mapping Horizontal and vertical project control will be established for the project area by the CONSULTANT. New survey controls to support the project will be established outside of anticipated construction area, where possible. CONSULTANT will perform Aerial photogrammetric mapping for the project limits defined above in accordance with the Caltrans A‐B‐C process. Horizontal and vertical aerial control panels will be set to meet aerial triangulation requirements and tied into the project control established for the project. A digital topographic map at a scale of 1" = 50' with a 1‐foot contour interval will be compiled over the project limits. The planimetric features will be digitized to Caltrans mapping specifications and formatted to meet Caltrans standards. Color digital orthophotography at a scale of 1" = 50' with a pixel ground resolution of 0.25 foot (200 pixels per inch) will also be provided. The digital orthophotos will be georeferenced to the project horizontal datum. CONSULTANT will perform Pavement Surveys utilizing mobile LiDAR and conventional topographic survey methods to capture the edge of traveled way, edge of shoulder, pavement cross fall and other topographic features within the pavement areas for the northbound and southbound directions of the I‐15 within the project limits. The LiDAR will be captured in accordance with the Caltrans Surveys Manual. The LiDAR and topographic data will be downloaded, processed, and tied to the horizontal and vertical control established for this project. The topographic data will be plotted in CAD and a digital terrain model (DTM) created for the existing ground surface. CONSULTANT will perform Ground Topographic Surveys utilizing conventional ground survey methods to supplement the aerial mapping and collect detailed topographic data at conform areas and within the areas of proposed improvements. The topographic data will be DRA F T 237 downloaded, processed, and tied to the horizontal and vertical control established for this project. The topographic data will be plotted in CAD, incorporated with the aerial mapping and a digital terrain model (DTM) created for the existing ground surface, if applicable. CONSULTANT will perform Utility Pothole Surveys utilizing conventional ground survey to collect up to 30 utility potholes within the project limits. The utility potholes and geotechnical bore holes will be collected upon completion of the underground utility and geotechnical investigations. TASK 2‐3A – GEOTECHNICAL BORE HOLE LOCATIONS CONSULTANT will perform Geotechnical Bore Hole Surveys utilizing conventional ground survey methods to collect up to 30 geotechnical bore holes within the project limits. The geotechnical bore holes will be collected upon completion of the underground utility and geotechnical investigations. Deliverables:  Topographic Mapping in MicroStation 3D DGN format  Mobile LiDAR ABC Submittal  Utility Pothole Data in CSV format  Geotechnical Bore Hole data in CSV format  Field Notes in PDF format  ASCII Point Files Assumptions:  The survey data will be tied to the Caltrans District 8 provided North American Datum of 1983 (NAD83), California Coordinate System Zone 6 and the North American Vertical Datum of 1988 (NAVD88) for the Interstate 15 corridor.  An encroachment permit will be required to perform the field surveys. The Client will provide a parent permit and/or the full permit to complete the field surveys.  Access to private property, if required, will be provided to the survey team during normal business hours (7a to 4p, Monday through Friday)  All deliverables will be in accordance with the Caltrans CAD and Survey standards.  Two (2) mobilizations for geotechnical bore holes have been included.  Two (2) mobilizations for utility potholes have been included.  The geotechnical boring field activities will occur under the original NEPA/CEQA clearance document and only a CE/CE checklist will be needed. 2‐4 Geometric Workshops CONSULTANT will conduct a workshop with Commission and Caltrans District 8 staff, the geometric reviewer, and City staff to present and obtain consensus on the geometrics for proposed project design. CONSULTANT will identify and clarify non‐standard features. DRA F T 238 Assumptions:  Two (2) workshops 2‐5 Supplemental Design Standard Decision Documents CONSULTANT will prepare Supplemental Design Standard Decision Documents for Boldface and Underlined Design Exceptions for non‐standard design features. 2‐6 Roadway Plans (Geometric Approval Drawings) CONSULTANT will prepare 30 percent level typical sections, layouts, profiles, superelevation diagrams, and pavement delineation for the project. The 30% Roadway Plans will be substituted by the Geometric Approval Drawing (GAD) submittal and serve as the basis of geometric design for the project. Deliverables:  30% GAD’s 2‐7 Rough Order of Magnitude (ROM) Cost Estimate CONSULTANT will prepare a ROM construction cost estimate utilizing the 30 percent level geometric plans for the project. The 30% construction cost estimate will be prepared based on Caltrans Project Development Procedure Manual guidelines for Project Report Cost Estimates, using the latest Caltrans Contract Cost Data. Deliverables:  30% ROM Cost Estimate 2‐8 Utility Coordination CONSULTANT will coordinate and work closely with Commission and its on‐call utility coordination CONSULTANT, City, and utility companies to determine the need to relocate impacted lines, using Caltrans policy for high‐ and low‐risk utilities. It is assumed the utility companies will perform relocation design for their own facilities. Any necessary utility relocation plans will not be part of the PS&E package developed by CONSULTANT. CONSULTANT will perform potholing of existing high‐ and low‐risk utilities that are within fifty (50) feet of the proposed improvements or cross the improvements and prepare and distribute utility base maps to affected utilities for confirmation and determination of any needs for relocations. CONSULTANT will provide exhibits to agencies to support the relocations as required Deliverables:  Utility base maps and plans  Utility conflict matrix Assumptions:  Thirty (30) potholes are assumed to be required. Preparation of potholes include traffic control and survey of pothole locations.  No Longitudinal Exceptions are included in this scope of work. It is anticipated any conflicting utilities will be relocated outside of Caltrans Right‐of‐Way. DRA F T 239 2‐9 Traffic Study/Revalidation CONSULTANT will prepare a Traffic Study/Revalidation to support the environmental re‐ validation task for the project. CONSULTANT will perform a two‐step approach: (1) verifying that traffic volumes have not changed significantly compared to the approved environmental document, and (2) updating the operations assessment to verify the operational characteristics of the proposed design. Traffic Volumes Review CONSULTANT will collect mainline I‐15 traffic volumes at the I‐15 Frankin overcrossing and collect roadway intersection counts at the Canyon Estates Drive/Franklin Road, Auto Center Drive/Franklin Road, and Avenue 6/Franklin Road intersections. All counts will be during the AM and PM peak periods (7‐9 AM and 4‐6 PM) and will include vehicle classification counts. CONSULTANT will utilize these counts and the RIVCOM travel demand forecasting model to develop opening year and 20‐year design volumes for the interchange (including the freeway mainline). CONSULTANT will review the model to verify it generally replicates existing traffic volumes in the study area consistent with travel demand validation guidelines and will work with City of Lake Elsinore staff to verify that the future land use projections reflect plan development in the area. CONSULTANT will compare the volume data developed using the model and new traffic counts to the volume data presented in the PA&ED document. CONSULTANT will provide Caltrans a memorandum showing the volume comparison and derive conclusions as to whether the volumes are “generally consistent” with the volumes previously used for environmental clearance. Operational Review CONSULTANT will complete an operations assessment of the interchange using the Synchro/SimTraffic software using the volumes developed as part of the traffic volume review. CONSULTANT will evaluate the merge/diverge section of the freeway using HCM‐ consistent methodologies. The purpose of this effort will be to review one refined design plan and verify that the interchange will provide sufficient operational performance (e.g., Level of Service (LOS)) and that the turn pocket lengths reflect the most up‐to‐date traffic forecasts. CONSULTANT will summarize the results in a traffic operations report and submit to the project team and Caltrans for review. Deliverables:  Traffic Scoping Memorandum  Draft traffic operations report Addendum  Final traffic operations report Addendum Assumptions:  A full re‐environmental traffic analysis is assumed to not be required.  The scope of work does not include LOS analysis for any other scenario other than mentioned in scope of work above. DRA F T 240  The scope of work does not include developing trip generation rates for land uses not defined in the ITE Trip Generation Manual.  Significant changes in the geometry developed as part of the project proposal, after the start of work will be considered outside of the scope of work. The scope of work does not include preparing any parking analysis.  VMT analysis based on SB743 methodology is assumed to not be required. 2‐10 Draft Geotechnical Reports Preliminary Foundation Reports CONSULTANT will prepare a Preliminary Foundation Reports (PFR) for Franklin Street OC to provide preliminary geotechnical information to assist structural designers in the Type Selection process. These PFRs will be prepared using the available subsurface data and the format will be in accordance with the current Caltrans Guidelines. Geotechnical Investigation CONSULTANT will perform a Geotechnical Investigation. Caltrans is enforcing the AASHTO recommendations of a soil boring at each bridge support locations where substructure width is less than 100 feet; minimum of two borings are required per location where substructure width is greater than 100 feet. For retaining walls, a soil boring is required every 100 to 200 feet. CONSULTANTS geotechnical field investigations plan is presented in Table 1. Table 1. Proposed Soil Boring Information Design Element Proposed Number of Borings Approximate Proposed Depth (feet) Franklin Street OC 2 80 1 120 RW 10 2 30 RW 15 2 50 RW/SW 17 1 40 RW 30 2 50 RW/SW 65 3 50 SW 20 1 30 Overhead Signs 18 40 Roadway Improvements 1 40 5 30 1 20 9 5-10 CONSULTANT will prepare a boring location plan and this plan will be used to secure encroachment permits from Caltrans and City of Lake Elsinore. Any other permits, if required, DRA F T 241 will be secured by others. CONSULTANT will conduct subsurface investigation and evaluate the results in accordance with Caltrans testing criteria. Deliverables  Draft Preliminary Foundation Report  Geotechnical Exploration Plan Assumptions:  Caltrans Standard Traffic Control Plans will be used during field exploration. Preparation of separate traffic control plans will not be required.  A PFR is not needed and will not be prepared for any retaining walls. 2‐10.2 Draft Hazardous Material Reports Initial Site Assessment (ISA) Addendum CONSULTANT will prepare the ISA Addendum which will serve to evaluate current environmental conditions (i.e., hazardous materials and petroleum products) within the project footprint with respect to the approved project ISA and support environmental revalidation, as necessary. Utility Inspections Transformers have historically contained polychlorinated biphenyls (PCBs). Inspections of utility pole‐mounted transformers that will be relocated or removed as part of the project must be performed. Any identified leaking transformers or stained soil will be considered a potential PCB hazard, and the underlying soil must be sampled. CONSULTANT will provide as‐needed assistance to RCTC for coordination of field work and site access including boring location plans, insurance certificates, etc. CONSULTANT will mark exploration boring locations and notify Underground Service Alert (USA) to identify public utilities in the planned area. Prior to start of the project, CONSULTANT will prepare comprehensive project‐wide work plan(s) including a health and safety plan (HASP) for the Project. The work plans will include a Site Investigation Work plan and a Hazardous Materials Survey Work Plan. The work plans will be submitted to and approved by Caltrans prior to start of the field work. Deliverables:  Site Investigation Work Plan  Hazardous Materials Survey Work Plan  ISA Addendum Report. Assumptions:  Caltrans Standard Traffic Control Plans will be used during field exploration. Preparation of separate traffic control plans will not be required. 2‐11 Bridge Type Selection, Meeting, and Approval CONSULTANT will prepare the Structure Type Selection documents for the Bridge and nonstandard retaining walls with the most current Caltrans guidelines. CONSULTANT will also develop an order‐of‐magnitude construction cost estimate. Anticipated construction methods will be identified in the Type Selection process and coordinated with the project geometry. DRA F T 242 CONSULTANT will submit Type Selection documents to Caltrans District 8 for submittal to the Caltrans Office of Special Funded Projects (OSFP) for review and approval. CONSULTANT will also attend a Type Selection review meeting at Caltrans Headquarters in Sacramento to finalize structure type, foundations, seismic design, aesthetics, and traffic handling plans. Deliverables  Bridge Site Data  Type Selection Report Assumptions:  One two‐span Bridge Structure for the I‐15 Franklin Street Overcrossing (OC) Bridge 2‐12 Land Net Mapping CONSULTANT will perform Cadastral and Title Research. Cadastral research will be performed within Caltrans District 8, the county of Riverside, City of Lake Elsinore, and other applicable entities for existing and/or available cadastral records in support of the parcels affected by the proposed improvements. CONSULTANT will perform Land Net Surveys and Mapping: Cadastral research will be performed within Caltrans District 8, the county of Riverside, and other applicable entities for existing centerline and right‐of‐way files and/or available cadastral records in support of the centerline and right‐of‐way of Interstate 15, Franklin Street, Camino Del Norte, and other adjacent and intersecting rights‐of‐way within the project limits. CONSULTANT will request from Caltrans District 8 Surveys, any available centerline and/or alignment files that have previously been developed and approved. Field surveys will be performed to locate centerline and right of monuments to confirm centerline and/or alignments received from Caltrans, calculate any other centerlines, and calculate the rights‐ of‐way affected by the proposed project. The land net map will include centerlines, rights‐of‐way of the adjacent streets, and lots and easements taken from the tract and parcel map information and preliminary title reports, as well as underlying cadastral and ownership information as recorded with the Riverside County assessor’s offices. CONSULTANT shall prepare a Land Net Map to include the street centerlines and rights of way, existing Caltrans right of way, proposed Caltrans and street rights of way, full and partial fee takes and proposed temporary construction easements within the project area. The map will also include found monuments and record cadastral information used to establish property boundaries and any pertinent information necessary to prepare final acquisition documents. Deliverables:  Land Net Mapping in Microstation 3D dgn format  Field Notes in PDF format  ASCII Point Files Assumptions:  Both permanent acquisitions, permanent easements and temporary construction easements are anticipated to be required. DRA F T 243  Twenty‐five (25) parcels were anticipated and is the basis for the right of way engineering activities herein.  A record of survey supporting the right of way acquisition will be required in accordance with the California Professional Land Surveyors’ Act Section 8762. This record of survey will be prepared and filed with the Riverside County Surveyor’s Office. 2‐13 Quality Assurance/Quality Control QA/QC CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4 QA/QC Plan. DRA F T 244 TASK 3 – 60% PS&E 3‐1 Roadway Plans CONSULTANT will incorporate reviewing agency comments from the 30% submittal into the roadway plans. Where it is not possible or desirable to incorporate certain comments, CONSULTANT will provide an explanation. CONSULTANT will also develop a 60% construction cost estimate. Deliverables:  60% Plans 3.1.1 Lighting, Ramp Metering, Signals, and Communication Systems Plans CONSULTANT will collect record drawings for electrical systems from Caltrans, City of Lake Elsinore, and Riverside County, including Traffic Signals, Street Lighting, Highway Lighting, Interconnect, Ramp Metering, and Caltrans Fiber Optic Communications. CONSULTANT will perform a field visit to confirm (where possible) the data described in the record drawings and collect information that will be needed to perform the design. CONSULTANT will prepare 60% plans, quantity sheets and project specific details for Highway lighting, ramp metering, traffic signals, communication systems, the changeable message sign (CMS) located within State Highway right of way, in compliance with Caltrans and City standards. Deliverables:  60% Lighting Plans and Details  60% Ramp Metering Plans and Details  60% Traffic Signal Plans and Details  60% Traffic Monitoring System  CCTV and Communication System  Changeable Message Sign System  Electrical Services (Irrigation) System Assumptions:  It is assumed no traffic monitoring (TMS) features exist for the project, but CONSULTANT will coordinate with Caltrans to confirm that ramp meter and electrical designs will not preclude future I‐15 traffic monitoring features within the project limits, if/where applicable 3‐1.2 Planting and Irrigation Plans CONSULTANT will prepare Planting and Irrigation Plans per Caltrans Plans Preparation Manual and the latest Construction Contract Standards. Planting Plans Planting plans will provide an integrated palette of material in accordance with City / County landscape guidelines, Caltrans and FHWA guidelines, in addition to a seamless palette as that of Railroad Canyon and Main Street. DRA F T 245 Irrigation Plans The Irrigation plans will indicate new points of connection based upon Caltrans / City / County water department / district requirements, backflow prevention, pressure regulation (as necessary), and equipment size and type in the irrigation legend. This task includes one site visit with Agency maintenance representatives to determine the placement and preferred type of proposed equipment. CONSULTANT anticipates providing the following information in accordance with the State Water Ordinance (MWELO) and / or the City of Lake Elsinore adopted ordinance:  Prepare water usage calculations (MAWA and ETWU) based on the water ordinance.  Provide water efficient landscape worksheet and hydrozone table for each remote control valve per ordinance (water use category, area served in s.f., controller number, valve size and flow).  Obtain horticultural soils report (Agronomic data) based on soil samples obtained from site by CONSULTANT. Report to be provided by Soil and Plant Laboratory in Orange, CA. or equal.  Provide irrigation run time schedule per ordinance based on soil type.  Rain and wind sensors will be added per ordinance.  Statement note will be added regarding ordinance.  Add WUCOLS water use classifications for all plant material.  WELCP – Water Efficient Landscape Calculation Plan (per Caltrans) If it is determined that the cost for highway planting and irrigation will exceed $200,000, a separate highway planting contract for construction will be required. The contract documents will include all that is needed for a standalone PS&E for Commission to bid the highway planting as a separate contract. Deliverables:  60% Highway Planting and Irrigation Plans, Details, and Quantity sheets Assumptions  This task does not include Erosion Control measures at this time based on the desire to plant and irrigate the entire project area. 3‐2 Drainage Report and Storm Water Data Report 3‐2.1 Draft Drainage Report CONSULTANT will update the drainage report to address the existing drainage condition and the proposed mitigation and design. This report shall consider both onsite and offsite systems. Deliverables:  Draft Drainage Report DRA F T 246 Assumptions  Detention basins and storage features will be designed to reduce peak discharge from the site during the 100 Year 24‐hour storm event to pre‐project conditions. Detention basins will be designed to allow for treatment of stormwater for the water quality event based on current Caltrans guidelines.  Offsite flow volumes conveyed into Caltrans Right of Way will be provided by others. No offsite hydrology will be performed.  All culvert crossings and drainage features will be able to utilize standard plans and details (no structural analysis or design required). 3‐2.2 Draft Storm Water Data Report CONSULTANT will prepare a Draft Storm Water Data Report to address storm water quality (NPDES & Caltrans) requirements. Deliverables:  Draft Storm Water Data Report 3‐3 Landscaping and Aesthetics 3‐3.1 Conceptual Landscape Plan CONSULTANT will develop a conceptual landscape plan for areas between ramps and the freeway as well as entry and exit points on local roads. This plan will designate the location of proposed “low maintenance” trees, shrub areas, ground cover and inert materials (such as wood mulch, rock blanket, etc.). A proposed plant palette will also be provided for review and approval by the City and Caltrans. Preliminary points of connection for permanent irrigation and controller locations will be shown. Upon approval of this plan, CONSULTANT will move forward with final planting and irrigation plans. The final conceptual plan will be prepared in color with images of the proposed plant materials. This task includes one set of revisions to the conceptual plan to obtain approval prior to moving forward with the final design plans. 3‐3.2 Structures Aesthetic Concepts CONSULTANT will prepare aesthetic treatment concept plans for retaining walls, abutments and bridge side treatment. CONSULTANT will prepare two conceptual sketches for each of the structure aesthetic elements, which may include the following: soundwalls, barrier recess (inset) enhancements, fencing, pilasters at overcrossing corners, and abutment walls. Proposed aesthetics will blend with the City's existing features such as branding and transportation art and will represent the City's Community identity. Deliverables:  Two (2) aesthetic concept sketches for the bridge and retaining walls  Landscape concept plan 3‐4 Utility Plans and Coordination  CONSULTANT will identify utilities in the project area and obtain as‐built plans or inventory maps from the utility owners for their existing facilities. This will involve preparing and mailing preliminary and follow‐up letters requesting current information on any existing DRA F T 247 facilities. This information, along with performing site verifications and working with design, will be used to identify locations of utilities. Below is a list of utility owners identified being within the project area that notices will be sent to: City of Lake Elsinore;  Eastern Municipal Water District  Elsinore Valley Municipal Water District  Frontier  Southern California Edison – Distribution & Transmission  Southern California Gas – Distribution  Spectrum 3‐5 Retaining Wall Plans CONSULTANT will prepare retaining wall layout plans, profiles and structural details, if necessary, for the walls specified in the project. CONSULTANT will prepare draft technical special provisions for the retaining walls and soundwalls (if needed). Deliverables:  Retaining Wall Plans, Details, and Quantities  Structures aesthetic concept Assumptions:  Retaining Wall (RW 10; max. H = 6 feet) Approximately 440 feet long Caltrans Type 5  Retaining Wall (RW 15; max. H = 36 feet) Approximately 240 feet long Caltrans Type 1  Retaining Wall (RW/SW 17; max. H = 18 feet) Approximately 230 feet long Caltrans Type 5SWB  Retaining Wall (RW 30; max. H = 24 feet) Approximately 410 feet long Caltrans Type 1  Retaining Wall (RW/SW 65; max. H = 24 feet); Approximately 620 feet long Caltrans Type 1SWB  Sound Wall (SW 20); Approximately 500 feet long Caltrans Standard 3‐6 Bridge Plans (Unchecked) CONSULTANT will prepare layout plans, structural details, and draft technical provisions for the bridge. Bridge design will be in accordance with Caltrans Seismic Design Criteria, Bridge Design Specifications, Memos to Designers and Bridge Design Details Manual. Details and construction specifications will be prepared in accordance with Caltrans Standard Plans, Standard Specifications, and Standard Special Provisions. CONSULTANT will update the bridge General Plan estimate to verify its ongoing validity. Deliverables:  Unchecked structure plans  Structures aesthetic concept  Draft Structures Special Provisions  Updated Structures Cost Estimate 3‐7 Transportation Management Plan (TMP) DRA F T 248 CONSULTANT will prepare a TMP that includes elements for traffic handling during construction. The TMP will be coordinated with the impacted cities, Caltrans, and other stakeholders. The TMP will include Stage Construction and Detour Plans. Deliverables:  Transportation Management Plan  Stage construction and traffic handling  Detour layouts  Construction area signs 3‐8 Draft Geotechnical and Hazardous Material Reports CONSULTANT will incorporate reviewing agency comments from the 30% submittal and update the geotechnical reports. Where it is not possible or desirable to incorporate certain comments, CONSULTANT will provide an explanation. Geotechnical Reports Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purpose. The following analyses will be performed for the project:  Evaluation of seismicity and estimation of Peak Ground Acceleration based on the Caltrans design criteria, and recommendations of an ARS curve for the bridge structural design.  Assessment of soil liquefaction potential, seismic settlement, and lateral spreading.  Foundation analysis for bridge, retaining walls, and overhead signs.  Assessment of global slope stability and settlement of embankments.  Evaluation of soil corrosivity conditions and recommendations for mitigation measures.  Design of pavement structural section in accordance with the Caltrans method. CONSULTANT will prepare the reports listed in Table 2 for the 60% PS&E submittal. DRA F T 249 Table 2. Design Reports Design Element Review Agency Deliverables Franklin Street OC Caltrans Foundation Report (FR) RW/SW 17 and RW/SW 65 Caltrans Foundation Report (FR) Standard Retaining Walls, Sound Wall, Overhead Signs, Roadway Cuts/Embankments, and Infiltration Test Results Caltrans Geotechnical Design Report (GDR) Pavement Structural Sections Caltrans Materials Report (MR) Hazardous Material Reports CONSULTANT will test the unpaved areas of the project footprint for aerially deposited lead (ADL) contamination. It is assumed borings will be required by Caltrans for impacted areas along the I‐15 mainline, the existing ramps, and public ROW. Samples will be analyzed for lead using the Environmental Protection Agency (EPA) Method 6010B and pH. Samples will also be analyzed via the California Waste Extraction Test (CA‐ WET) and Federal Toxicity Characteristic Leaching Procedure (TCLP), as necessary. CONSULTANT will prepare a detailed ADL report summarizing the findings of the field investigation. The report will contain a description of the field activities and summary of the laboratory results, conclusions and recommendations, tables, and figures as necessary. The soil will be classified in accordance with hazardous waste criteria and Caltrans soil classifications. CONSULTANT will perform statistical analysis of the ADL results using the 95% upper confidence limit (UCL) on the mean by using the EPA Pro‐UCL computer program. CONSULTANT will prepare a detailed SI report summarizing the findings of the field investigation. The report will contain a description of the field activities and summary of the laboratory results, conclusions and recommendations, tables, and figures as necessary. The soil will be classified in accordance with hazardous waste criteria and Caltrans soil classifications. Asbestos‐containing materials (ACM), lead‐based paint (LBP), and other hazardous materials may be present on the Storms Sports electronic billboard along southbound I‐15 where the new interchange is planned. Because the structures will be removed, an ACM, LBP, and Universal Waste Rule materials investigation must be performed to properly manage and dispose of the demolition debris. CONSULTANT will utilize our California Division of Occupational Safety and Health Administration (Cal‐OSHA) Certified Asbestos Consultant (CAC) or Certified Site Surveillance Technician (CSST) to conduct a site reconnaissance to identify the locations of potential ACMs and our California Department of Public Health (CDPH) certified inspector/assessor to conduct a site reconnaissance to identify the locations of potential LBP and collect samples. CONSULTANT will prepare an ACM, LBP, and Universal Waste Rule investigation report summarizing our findings. DRA F T 250 Deliverables  Draft Geotechnical Design Report  Draft Materials Report  Draft Preliminary Foundation Report and Foundation Report  Life Cycle Cost Analysis  ADL report  Asbestos Containing Materials Survey  Phase II Assumptions:  Traffic window for drilling within Caltrans right‐of‐way is 10PM to 5AM every day of the week, and traffic window for drilling within City of Lake Elsinore right‐of‐way is 8AM to 5PM.  No permit fees are assumed.  Well permits are not required for Geotechnical borings or infiltration testing.  Commission will be responsible for direct payment of all permit fees.  Based upon the standard Caltrans sampling frequency of 300 feet on each side of every roadway, it is assumed that no more than 35 borings will be required for the investigation.  Laboratory analysis will be conducted using standard turnaround times.  No concrete/asphalt coring or patching will be required.  If significant additional sampling depth intervals or locations are required, additional laboratory costs may be incurred that are not included.  Striping will be managed using Caltrans Standard Special Provisions and does not require sampling. 3‐9 Environmental Re‐Validation and Permitting 3‐9.1 Environmental Re‐Validation Approach Memorandum CONSULTANT will prepare an Approach Memorandum outlining each resource area addressed in the adopted CEQA/NEPA document and the work that will be performed related to that resource area based on the finalized project layout, or conversely the reason why no additional effort is required. No detailed discussion or analyses are assumed to be included in this document. This Memorandum will just be used to obtain concurrence from the California Department of Transportation (Caltrans) on the analyses to be performed. Deliverables:  Draft and Final Approach Memorandum Biological Resources CONSULTANT will conduct an updated literature search, perform a field review, and prepare a biological resources assessment and impact analysis for inclusion within the Environmental Re‐Validation. A literature review will be conducted to identify any new special‐status species known or DRA F T 251 reported from the project area, and/or any new species that is listed on the updated species lists. The literature review will include:  Updated special status species list from the U.S. Fish and Wildlife Service (USFWS).  Database searches of current versions of the California Natural Diversity Database (CNDDB) and the Online Inventory of Rare and Endangered Plants of the California Native Plant Society (CNPS).  Existing documentation of biological resources within the study area including past Natural Environment Studies for the project; and  The Western Riverside County Multi Species Habitat Conservation Plan (MSHCP). Fairy Shrimp Surveys ‐ As San Diego fairy shrimp (Branchinecta sandiegonensis) have been documented in the vicinity of the project (USFWS data). CONSULTANT will conduct protocol surveys for listed large branchiopods (fairy shrimp). The protocol for fairy shrimp surveys consists of a wet season survey and a dry season survey (USFWS 2017). Each will be sampled until it dries or a minimum of 120 consecutive days of inundation has occurred (based on the life cycle of Streptocephalus woottoni). If live fairy shrimp are observed in a basin, they will be identified to species level. Note that the USFWS may determine wet season results as unreliable if moderate to extreme drought conditions persist through the wet season. A dry season survey includes collection of soil samples from suitable habitat, processing of soil to collect fairy shrimp cysts (resting ‘eggs’), and analysis samples to inspect presence of fairy shrimp cysts. Soil samples will be collected in the summer of 2024 and require one site visit in summer or early fall (typically within June to September). The project area will be evaluated with a field reconnaissance survey covering all portions of the revised design portions of the project layout, relevant to potential biological resources. The revised design area and buffer will be evaluated regarding the presence, absence, or likelihood of occurrence of any special‐status species, habitats, or sensitive biological resources for which impacts may change as a result of the updated design. Results of the literature review and field reconnaissance will be summarized in the Environmental Re‐Validation. Assumptions:  No sensitive resources will be present and that no Western Riverside County Multiple Species Habitat Conservation Plan analysis, documentation, coordination, or compliance related activities will be needed.  Biological technical analysis included in the Environmental Re‐Validation (no separate document or submittals related to biological documentation are assumed or included)  No separate biological resources document will be required.  Up to three basins or road ruts (seasonally inundated basins) and up to twenty site visits will be required. Jurisdictional Resources A field verification of the previous jurisdictional delineation will be conducted to confirm the location, extent and type of jurisdiction resources within the project study area and to confirm conformance with current resource agency standard delineation methods During the field visit, where needed, CONSULTANT will capture updated resource data, utilizing routine on‐site methods. For the verification, CONSULTANT will confirm that all procedures and practices utilized are consistent with the following publications and agency guidance documents: United DRA F T 252 States Army Corps of Engineers (USACE) Wetland Delineation Manual (1987); USACE Regional Supplement to the Wetland Delineation Manual, Arid West Region, Version 2.0 (2008); as well as other current guidance and standard practices from each agency. Due to the potential for wetlands within the study area, CONSULTANT will mark the corner boundaries of each parcel within the study area the first day of fieldwork and will notify DigAlert to enable the utility operators to either mark their infrastructure onsite or confirm that no infrastructure is present (pursuant to State and federal health and safety laws). After completing the required DigAlert notification, CONSULTANT will perform needed subsurface sampling required to verify or update the wetland data forms. The field survey results will be compiled and presented in a Jurisdictional Delineation Verification Memo that will confirm the findings of the previous jurisdictional delineation report and/or update the type and quantity of aquatic resources as they pertain to each agency. Deliverables:  Draft and Final Jurisdictional Delineation Verification Memorandum  Draft and Final Wet Season Fairy Shrimp Sampling Letter Report (incorporate as attachment to Environmental Re‐Validation)  Draft and Final Dry Season Fairy Shrimp Sampling Letter Report (incorporate as attachment to Environmental Re‐Validation) Cultural Resources CONSULTANT will obtain an updated records search from the Eastern Information Center, part of the California Historical Resources Information System to confirm no new resources have been identified within one mile of the project area of potential effects (APE) since the original cultural documentation was prepared for the project. It is expected some revisions to the existing Area of Potential Effects (APE) map will be needed to accommodate additional overhead sign foundations. It is assumed that no other work would be proposed outside of the already approved APE. The map shall provide the survey boundaries for cultural resources to be evaluated during project studies. CONSULTANT will also contact the Native American Heritage Commission and request a review of its Sacred Lands File to confirm if any new resources have been identified since the original cultural documentation was prepared. It is assumed that updated Native American consultation will not be required. Following completion of the record search/review, CONSULTANT shall conduct a field survey of the updated APE areas for archaeological resources. We anticipate that a supplemental Archaeological Survey Report (Finding of No Archaeological Resources Present) will be prepared to address these areas that are added to the APE and no additional documentation will be required. It is assumed that no letters requesting information on historic properties will need to be sent related to the project. Following completion and approval of the updated APE and supplemental ASR preparation, CONSULTANT will prepare a supplemental HPSR in accordance with Caltrans/FHWA standards for Section 106 compliance with the NHPA. It is anticipated that the proposed project shall DRA F T 253 result in a supplemental HPSR with a finding that no properties eligible for listing on the NRHP or CRHR are present within the project’s APE. Deliverables:  Draft and Final Supplemental Historic Property Survey Report/Supplemental Archaeological Survey Report Assumptions:  RCTC will be responsible for obtaining access for conducting the surveys.  No archaeological sites will be identified in the APE and that no testing and/or evaluation will be required. Supplemental Noise Study Report A Noise Study Report (NSR) was already prepared and approved for the I‐15/Franklin Street Interchange project. It is also understood that some design changes associated with the frontage road to the northwest of the interchange will be necessary to accommodate a new development which has occurred since the CEQA/NEPA document was adopted. As such, it is assumed that a supplemental noise analysis focusing on the relocated frontage road would be required in order to identify the need for abatement at noise sensitive receptors in proximity to the relocated frontage road. Accordingly, a supplemental Noise Study Report (SNSR) will be prepared consistent with the guidance included in Caltrans’ Protocol and Caltrans’ Technical Noise Supplement. It is assumed the traffic information from the adopted CEQA/NEPA documentation is still valid for the updated opening and future years and that no change to the traffic information from the CEQA/NEPA documentation will result. It is assumed that the only noise sensitive receptor that will need to be addressed is the new housing development in the northwest quadrant of the interchange. CONSULTANT will consult with the Caltrans District 8 noise specialist (if necessary) assigned to this project to confirm that the requirements are addressed. CONSULTANT will prepare a Noise Work Plan (if required) for Caltrans review and approval prior to initiating the noise work. It should be noted that an acoustical analysis of the project was prepared analyzing the effect of the project on noise sensitive receptors present at the time of the Environmental Document (ED). CONSULTANT will not conduct measurements at any of the existing noise sensitive receptors which were analyzed in the ED where no changes to the project alignment have occurred. CONSULTANT will prepare focused traffic noise model that addresses the frontage road design change, using the FHWA Traffic Noise Model (TNM) Version 2.5. Since it is assumed that the traffic from the adopted CEQA/NEPA document will be determined to be valid for the updated opening year and design year it is assumed that the noise analysis will just address the area of the revised frontage road where the new housing development is located. TNM will be used to model worst‐hour traffic noise conditions at representative modeled receiver locations under existing conditions and design‐year build and no build conditions with the proposed project. If traffic noise impacts are projected to occur, information on the preliminary feasibility and reasonableness of noise abatement, as defined in the Protocol, will be evaluated and DRA F T 254 presented for use by decision makers in considering noise abatement. CONSULTANT will prepare a Supplemental (SNSR), focusing on the area analyzed (i.e., the frontage road relocation area), addressing the requirements of 23CFR772 in accordance with guidance in the Protocol and following the NSR format indicated in the Caltrans Annotated Noise Study Report Outline. The SNSR will also review any noise barriers that were evaluated as part of the I‐15/Franklin Interchange portion of the project in the adopted CEQA/NEPA document and will determine the updated noise barrier allowance associated with each noise barrier. Deliverables:  Draft and Final Noise Work Plan  Draft and Final focused Supplemental Noise Study Report Assumptions:  Up to two (2) noise barriers will need to be evaluated.  No noise barriers previously determined to be not reasonable will be determined to be reasonable.  No noise surveys for noise barriers evaluated in the previously approved NSR and/or NADR will need to be conducted.  All analysis and documentation will be focused on the relocated local frontage road and new housing development in the northwest quadrant of the interchange. A new noise analysis evaluating the entire project is not assumed or included.  The TNM model from the original project will be provided by RCTC to use as a basis for the focused noise model.  No additional noise model validations will be prepared with the exception of any new measurement locations (up to three locations assumed). Supplemental Noise Abatement Decision Report CONSULTANT will prepare a Supplemental Noise Abatement Decision Report (SNADR) analyzing the reasonable allowance for any barriers and respective barrier heights which meet the feasibility requirement and design goal discussed in the SNSR. As part of the SNADR process, CONSULTANT will also work with RCTC, and Caltrans, to prepare noise barrier surveys and conduct the survey process to determine the viewpoints of benefited receptors with respect to any walls (i.e., whether owners and residents support or oppose any recommended noise barriers) included as abatelement as part of the project. Deliverables:  Draft and Final focused Supplemental Noise Abatement Decision Report  Mailing of Noise Barrier Surveys (assumes up to ten benefitted receptors will be sent noise barrier surveys for each barrier – up to two [2] noise barriers are assumed to require noise barrier surveys) Assumptions:  Up to two (2) noise barriers will be evaluated in the SNADR and that noise surveys will be conducted for up to two 2) noise barriers.  Up to ten benefitted receptors will be mailed noise barrier surveys for each noise barrier and DRA F T 255 that surveys will be mailed twice for each barrier. Air Quality CONSULTANT will document in the Environmental Re‐Validation that the original analyses and conclusions related to construction and operational emissions impacts are still valid. The evaluation will include review of the air quality study, traffic data, and current plans for Assumptions:  No significant design changes have occurred since the previous environmental analysis (just the relocation of the frontage road) and that the relative magnitude of operational emissions between the build and no‐build alternatives is the same as previously evaluated.  Air quality evaluation included in the Environmental Re‐Validation (no separate document or submittals related to air quality documentation are assumed or included).  Air quality conformity determination is still valid and does not need to be updated.  Traffic information from the adopted CEQA/NEPA documentation is still valid for the updated opening and future years and that no change to the traffic information from the CEQA/NEPA documentation will result. If traffic information changes, then additional air quality effort, would be required. Environmental Re‐Validation CONSULTANT will prepare a single NEPA/CEQA Environmental Re‐Validation (ER) form based on the ER form that is available on the Caltrans Standard Environmental Reference (SER) at the time that the document is prepared. The ER will address any modifications to the project design that are included in the project design since the adoption of the CEQA/NEPA document for the project. The ER will also document that the I‐15/Railroad Canyon Interchange has been constructed and the change in the opening and design years for the I‐15/Franklin Street Interchange. The Re‐Validation will document the following items. It will identify and document whether there are:  Changes in project design (e.g., substantial scope change; a new alternative; change in project alignment)  Changes in environmental setting (e.g., new development affecting traffic or air quality)  Changes in environmental circumstances (e.g., a new law or regulation; change in the status of a listed species)  Changes to environmental impacts of the project (e.g., a new type of impact, or a change in the magnitude of an existing impact)  Changes to avoidance, minimization, and/or mitigation measures since the environmental document was approved. Based on the results of the above analyses a determination will be provided on the NEPA/CEQA Re‐Validation Form regarding the validity of the existing CEQA and NEPA documents and findings. Deliverables  Draft Environmental Re‐Validation Assumptions:  No new mitigation, or elimination or reduction of mitigation commitments, will be identified DRA F T 256 or required, that no revisions to the CEQA/NEPA documentation itself will be required, and that no recirculation or public availability of the CEQA/NEPA documentation will be required.  No areas containing sensitive environmental resources will be affected/impacted and no new laws or regulations will be identified since adoption of the environmental document that have to be addressed.  The CEQA/NEPA documentation is still valid in conjunction with the above listed analyses and that no further action is required related to environmental documentation.  No analysis related to phasing will be required since adopted CEQA/NEPA document discussed that the project would be phased.  The Traffic Re‐Validation concludes that the traffic included for the opening year and design year in the adopted CEQA/NEPA document is valid for the updated opening year and design year that is now associated with the project.  No vehicles miles travelled (VMT) analysis will be required for the project and no further Senate Bill (SB) 743/VMT documentation will be required.  The purpose and need from the adopted CEQA/NEPA document will not be revisited or revised.  All modifications/improvements will be located within the limits of disturbance (LOD) (and Area of Potential Effect [APE]) from the adopted CEQA/NEPA documentation, with the exception of minor areas that may extend beyond these limits associated with the additional overhead signs required approaching the interchange.  Focused or protocol surveys are not anticipated or included. If focused surveys are identified during the biological field reconnaissance, then this will be communicated immediately and a scope and cost for this work will be provided prior to conducting this work.  RCTC will provide copies of all environmental technical studies, report, documents, approvals, etc. prepared to date for the project.  It is assumed that all rights of entry and access for field work shall be obtained and provided by RCTC, if required.  The project traffic study will contain traffic data for nearby roadway segments and I‐15 in terms of AM/PM peak hour turn movements. Vehicle miles travelled cannot be used for traffic noise analysis. 3‐9.2 Environmental Permitting Aquatic Resources Permitting Aquatic Resource Impact Analysis As part of the application preparation for the project, CONSULTANT will complete an impact analysis that quantifies the proposed project impacts, using the GIS files generated from the jurisdictional delineation and the updated project design. The analysis will include the impacts categorized by permanent and temporary, by jurisdiction (USACE, Regional Water Quality Control Board [RWQCB] and California Department of Fish and Wildlife [CDFW]), and by resource type. USACE Clean Water Act (CWA) 404 Nationwide Permit Authorization Request It is assumed that the project will be processed under the U.S. Army Corps of Engineers Nationwide Permit (NWP) Program. A written request for authorization (a PCN) under the NWP Program will be prepared for review and submitted to the USACE. Should the project exceed the limits of a NWP, an Individual Permit may be required from the Corps, which is DRA F T 257 not included in this scope of work. Deliverables: Draft PCN documentation for client and then USACE review Final PCN documentation for client review and then USACE review and issuance of permit RWQCB Water Quality Order Application An application for a Water Quality Order will be prepared and submitted to the RWQCB for review. The project is expected to require an alternatives analysis and to qualify as a Tier 2 project. Tier 2 projects include any projects that inherently cannot be located at an alternate location and require an analysis of on‐site alternatives. The alternative analysis is assumed to consist of three alternatives: the proposed project, the no‐project alternative and one additional on‐site alternative. Deliverables: Draft Water Quality Order application Final Water Quality Order application and RWQCB issuance of permit CDFW Section 1602 Lake or Streambed Alteration Notification CONSULTANT will prepare a Notification of Lake or Streambed Alteration for the project. The request will include a completed notification form; detailed project description; description of project impacts; CEQA documentation; and a brief description of the mitigation proposal. A processing fee must be provided to CDFW with the notification; this fee is based on the cost of the project. CONSULTANT assumes that the client will provide the appropriate fee. Deliverables: Draft and Final Notification of Streambed Alteration Agreement Restoration Plan CONSULTANT will prepare a Restoration Plan that is expected to be required as a condition of the Section 404 Nationwide Permit Authorization from the USACE, the Section 401 Water Quality Certification from the RWQCB and Streambed Alteration Agreement from CDFW. The Restoration Plan is expected to address the restoration of temporary impact areas within the project site. CONSULTANT will prepare the plan in accordance with USACE, RWQCB and CDFW guidelines and expectations and will include, at a minimum, methodology and design to re‐ contour the land; measures to alleviate soil compaction; native plant species to be used, container sizes, and seeding rates; planting schedules; description of irrigation methodology; measures to control exotic vegetation on‐site; monitoring and reporting program; specific success criteria; and corrective actions to be taken if restoration activities do not meet the proposed success criteria, as appropriate. DRA F T 258 Deliverables: Draft and Final Restoration Plan Compensatory Mitigation Strategy Plan CONSULTANT will prepare a plan to summarize how the client intends to comply with compensatory mitigation requirements. CONSULTANT will work with the client to develop a mitigation strategy that will meet the project needs and that can be presented to the aquatic resource agencies for approval. CONSULTANT will evaluate the options regarding availability of appropriate mitigation, pricing, agency preference and efficiency of fulfilling the mitigation needs and provide recommendations to the project proponent and the associated agencies. CONSULTANT to work with the client to identify agency approved mitigation banks or in‐ lieu fee programs to mitigate the permanent impacts on aquatic resources. The draft compensatory mitigation plan is required to include the following:  A watershed profile for the project evaluation area for both the proposed dredged or fill project and the proposed compensatory mitigation project.  An assessment of the overall condition of aquatic resources proposed to be impacted by the project and their likely stressors, using an assessment method approved by the permitting authority.  A description of how the project impacts and compensatory mitigation would not cause a net loss of the overall abundance, diversity, and condition of aquatic resources, based on the watershed profile. CONSULTANT will prepare the draft compensatory mitigation plan, addressing the items above, and submit it as part of the RWQCB application. A draft compensatory mitigation plan is required as part of a complete application. To inform the approach and recommendations in the draft compensatory mitigation plan, a California Rapid Assessment Method (CRAM) of the aquatic resources proposed to be impacted assessing the condition of those resources will be performed. Deliverables Draft and Final Compensatory Mitigation Strategy Plan Regulatory Agency Coordination Regulatory agency (USACE, RWQCB, and CDFW) coordination will commence immediately upon receipt of Notice to Proceed and will continue throughout the permit processing period. The primary objective of initiating agency coordination at the start of the project is to explain the proposed project and project schedule, receive agency buy‐in of the permit approach, and identify specific agency staff assigned to the project in advance of submitting permit applications. CONSULTANT has found that early coordination with the agencies and identification of assigned agency staff prior to submitting applications has led to quicker agency review of submitted materials and faster response times. DRA F T 259 Assumptions:  Coordination with the State Historic Preservation Office or tribal representatives for Section 106 of the National Historic Preservation Act is not included. Any cultural resources effort would be considered out of scope.  Formal or informal consultation with the wildlife agencies will not be required to demonstrate compliance with federal Endangered Species Act (FESA) or California Endangered Species Act (CESA).  The applicant (RCTC) will pay all required application and/or permit fees directly.  No biological related fieldwork, surveys, documentation, consultation, or other effort will be required related to the permits.  It is assumed that all rights of entry and access for field work shall be obtained and provided by RCTC, if required.  No costs for compensatory mitigation and/or implementation of aquatic resource restoration or mitigation are included. Only the preparation of the Restoration Plan and Compensatory Mitigation Strategy Plan themselves are included.  Lack of availability of adequate mitigation options for the project will not be the responsibility of the CONSULTANT.  Mitigation options will be identified with a reasonable amount of effort. Mitigation for the Project, if required, will be identified, negotiated, secured, and purchased by RCTC.  No mitigation land siting, negotiation, or acquisition is included.  Compliance or effort associated with the implementation of any permit compliance requirements or measures are not included in this scope of work.  The proposed project will not require a Section 408 authorization by the USACE.  All permit fees will be paid directly by RCTC. No fees are included in this scope of work or associated cost estimate. 3‐10 Draft Right of Way Engineering CONSULTANT will develop Right of Way documents for support in acquisition. Right‐of‐Way Engineering Services will be conducted per Caltrans latest Standards. Cadastral and Title Research: Once acquisitions are identified by the CONSULTANT, additional cadastral research will be performed, as needed. Preliminary title reports will be obtained to support the acquisitions. The information contained in the title reports will be plotted and included on the land net mapping. The title reports will be ordered per property owner. Pre‐Conditions Record of Survey: The land net prepared for the existing conditions of I‐15, Franklin Street and other critical rights of way will be documented on a record of survey and filed with the Riverside County Surveyor’s Office. This record of survey will be prepared to document this establishment, the monuments found, the cadastral and title information obtained, and the areas of proposed acquisition. The record of survey will be prepared in accordance with the Professional Land Surveyors Act and County of Riverside requirements. DRA F T 260 Right of Way Appraisal Mapping: CONSULTANT will prepare appraisal maps in support of the acquisition of full or partial takes, easements, and temporary construction easements in accordance with Caltrans District 8 right of way standards. These appraisal maps will include the affected parcels, right of way establishment, cadastral\title information, and proposed acquisition areas. Legal Descriptions and Plats: CONSULTANT will prepare legal descriptions and plats to support the acquisition of any full or partial takes and easements. The Legal descriptions will be prepared in accordance with Caltrans District 8 right of way standards. Parcel Files: Throughout the course of the project and right of way engineering process, parcel files will be maintained by CONSULTANT to support the boundary research, boundary establishment, mapping and documents prepared for each affected parcel. Deliverables:  Updated Land Net Mapping in CAD format  Record of Survey in PDF format  Appraisal Mapping in CAD and PDF formats’  Legal Descriptions\Plats in PDF format  Title Reports in PDF format  Parcel Files Assumptions:  50 legal descriptions and plats are included for various acquisition purposes.  25 title reports have been assumed. 3‐11 Special Provisions and Estimates 3‐11.1 Special Provisions CONSULTANT will prepare unedited Special Provisions per the latest Caltrans guidelines. 3‐11.2 Cost Estimates CONSULTANT will prepare a 60% construction cost estimate using Caltrans standard BEES Items List and using the latest Caltrans Contract Cost Data. Deliverables  Draft Special Provisions  Draft Cost Estimate 3‐12 Draft Constructability Review CONSULTANT will review the 60% PS&E package for contractor constructability and incorporate the requirements as needed. DRA F T 261 3‐14 Supplemental Project Report (SPR) CONSULTANT will prepare a Supplemental Project Report to document the change in project conditions from when the original PA/ED for the interchange was completed. The Supplemental Project Report will extend the project limits to cover additional advance signage required by Caltrans. Deliverables  Draft SPR and Final SPR 3‐15 Agreements (Freeway, Maintenance, Landscape, Electrical) CONSULTANT will revise agreements and make updates to required exhibits/attachments in coordination with RCTC and Caltrans for project acceptance. Deliverables  Freeway Agreement  Maintenance Agreement  Landscape Agreement  Electrical Agreement 3‐16 QA/QC CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4 QA/QC Plan. DRA F T 262 TASK 4 – 95% PS&E 4‐1 Update Roadway Plans This submittal will include comments, reviews, coordination efforts, and updated information. CONSULTANT will update the Roadway Plans. Response and resolution of all review comments for each deliverable from the 60% submittal will take place prior to 95% submittal. All roadway quantities shall be independently checked, and any issues raised by independent quantity checker(s) will be resolved prior to the submittal. Deliverables:  95% Roadway Plans 4‐2 Bridge and Wall Plans 4‐2.1 Bridge Plans (Checked Details) CONSULTANT will independently review the unchecked plans, draft special provisions, quantities, and construction cost estimate for the Bridges and retaining walls. CONSULTANT’s independent review team will analyze the structures, verify member capacities, review the special provisions, and prepare independent quantity calculations. Any issues raised by the checkers will be resolved with the structural designers. The final design will reflect agreement among the designers and independent checkers. Deliverables:  Checked structure plans  Edited structures special provisions  Design calculations  Design Independent check calculations  Quantities and check calculations  Structures aesthetic details 4‐2.2 Retaining Wall Plans CONSULTANT will finalize the retaining wall plans based on comments received from Caltrans. Deliverables:  Final Updated Retaining Wall Plans and aesthetic details 4‐3 Finalize Reports 4‐3.1 Finalize Drainage Report and SWDR CONSULTANT will finalize the Drainage Report based on comments received from Caltrans. CONSULTANT will finalize the SWDR based on comments received from Caltrans. Deliverables:  Final Drainage Report  Final SWDR DRA F T 263 4‐3.2 Finalize TMP CONSULTANT will finalize the TMP based on comments received from Caltrans. Deliverables:  Final TMP 4‐3.3 Finalize Geotechnical and Hazardous Material Reports CONSULTANT will finalize the geotechnical and ADL/Traffic Stripe/ACM reports based on comments received from Caltrans. Hazardous Materials Disclosure Document (HMDD) forms will be completed for acquisition properties in accordance with Caltrans requirements (Form Env‐0001‐A). It is assumed that no more than 25 HMDD forms must be completed for the project. Request for Acquisition of Contaminated Property (RACP) forms (Form Env‐002) and remediation cost estimates are not anticipated. CONSULTANT will address any review comments resulting from the Caltrans review and prepare Final Foundation Reports, Final Geotechnical Design Report, and Final Materials Report. Deliverables:  Final Geotechnical  Final Materials Report  Final Foundation Report  Final ADL Report  Final ACM 4‐4 Draft Final Utility Agreements CONSULTANT will act as the primary point of contact with the utility owners identified on the utility plans. CONSULTANT will prepare and send the Relocation Claim Letter to utility owner and coordinate and plan a meeting amongst the utility owners, as needed to discuss the project design, the utility conflict, relocation alternatives, and a plan to resolve the conflict. CONSULTANT will determine the liability for the conflict facilities impacting the project and obtain detailed relocation plans from utility owners. CONSULTANT will draft and issue Notice to Owner to relocate (estimate 6 notices) and draft and issue No Conflict to utility owner letters; as needed. Deliverables:  Utility relocation notifications Assumptions:  Project will pay for as‐built plans or special processing fees if required by the utility owner.  Prepare the Introductory as‐built request Notices (7 letters)  Attended PDT utility focus meetings (24 meetings)  Prepare and send Relocation Claim Letter to utility Owners (6 letters)  Determine liability for conflicts facilities impacting the project (12 conflicts)  Draft and issue Notice to Owner to Relocate (6 letters for 12 conflicts)  Draft and issue No Conflict Letters (3 letters)  Design for new and relocated utilities will be performed by the respective utility owners. DRA F T 264  Inspection of utility relocation construction, including as necessary as‐built survey will be done by others.  All utility services meters are acquisition costs and not public utilities, and utility companies will replace the new service to their requirements.  All costs and negation efforts associated with the need for utility replacement easements or any additional property rights for the utility owner are not included with in the utility coordination.  Does not include any fees associated with the actual relocation of the utility facilities and/or construction management/inspection. 4‐5 Update Environmental Revalidation and Permitting CONSULTANT will address any review comments resulting from the Caltrans review and prepare Final environmental documentation for the Project. Deliverables:  Final Environmental Re‐Validation 4‐5.1 Environmental Commitment Record (ECR) CONSULTANT shall prepare the Environmental Commitment Record (ECR) for attachment to the Environmental Re‐Validation (ER). Using the ECR from the adopted CEQA/NEPA document we will update the commitments to reflect any changes noted in the ER. It is assumed that the ECR in ER will status any commitments that have been addressed. . It is expected that once any ECR measure is completed, a close out memorandum will be prepared and submitted to RCTC and then to Caltrans for concurrence that the measure has been completed. Deliverables:  Environmental Commitment for inclusion in Environmental Re‐Validation 4‐6 Final Right of Way Engineering CONSULTANT will provide comprehensive right of way services, including, appraisal, appraisal review, acquisition and negotiations, escrow coordination, condemnation support and right‐of‐way certification. CONSULTANT will meet with relevant parties regarding proposed Project to identify acquisition issues, and/or to discuss project status, procedural issues, budget, and schedules. CONSULTANT will prepare and implement an effective Acquisition Management Plan to confirm the Project is delivered in the most efficient and effective manner and in compliance with all applicable laws, regulations and procedures. CONSULTANT will prepare and deliver written progress status reports for acquisition cases. CONSULTANT will participate in project related meetings, make public presentations to individuals and organizations and represent RCTC in presentations and public hearing on all matters pertaining to the acquisition process. DRA F T 265 Fee Appraisal The appraisal will be prepared by individuals licensed with the State of California, Office of Real Estate Appraisers, as a Certified General Real Estate Appraiser. Our appraisers both retain the requisite qualifications and experience necessary to competently complete appraisals in a competent and professional manner, in accordance with applicable laws and policies. Prepare the Notice of Decision to Appraiser letter for each property, advising the property owner of the proposed project, introducing the appraiser, enclosing an Acquisition Brochure describing RCTC’s acquisition process, and contract information to answer questions and concerns. The appraisal report will comply with laws that are applicable to the specific appraisal assignment and the Uniform Standards of Professional Appraisal Practice (USPAP). Afford the property owner or the owner’s designated representative the opportunity to accompany the appraiser on the inspection of the property. Perform an inspection of the subject property. The inspection should be appropriate for the appraisal problem, and should address:  The extent of the inspection and description of the neighborhood and proposed project area,  The extent of the subject property inspection, including interior and exterior areas,  The level of detail of the description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, the remaining property). In the appraisal report, identify the highest and best use. If highest and best use is in question or different from the existing use, provide an appropriate analysis identifying the market‐ based highest and best use. Present and analyze relevant market information. In developing and reporting the appraisal, disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project. Report the appraiser’s analysis, opinions, and conclusions in the appraisal report. Appraisal Review Review appraisals will be provided for each appraisal, and in accordance with State and Federal law and RCTC policy as required. The review appraiser will, as appropriate:  Identify the reviewer’s client and intended users, the intended use of the reviewer’s opinions and conclusions, and the purpose of the assignment.  Identify the following: o Subject of the appraisal review assignment. o Effective date of the review. o Property and ownership interest appraised (if any) in the work under review. o Date of the work under review and the effective date of the opinion or conclusion in the work under review. o Appraiser(s) who completed the work under review, unless the identity was withheld.  Identify the scope of work to be performed.  Develop an opinion as to the completeness of the material under review, given the scope of work applicable in the assignment. DRA F T 266  Develop an opinion as to the apparent adequacy and relevance of the data and the propriety of any adjustments to the data, given the scope of work applicable in the assignment.  Develop an opinion as to the appropriateness of the appraisal methods and techniques used, given the scope of work applicable in the assignment, and develop the reasons for any disagreement.  Develop an opinion as to whether the analyses, opinions, and conclusions are appropriate and reasonable, given the scope of work applicable in the assignment, and develop the reasons for any disagreement.  Review appraisals will be forwarded to RCTC for establishment of just compensation prior to the preparation of offers to acquire the proposed land rights for the project. Acquisition and Negotiation CONSULTANT will provide right‐of‐way delivery services required for RCTC to purchase right‐of‐ way required to construct the Project. The tasks will be performed in accordance with applicable Federal, State and local regulations, Caltrans Policies and Procedures and RCTC’s R/W Policies and Procedures. CONSULTANT will provide the following services under the direction of RCTC staff:  Provide the Acquisition and Negotiations Services to acquire the property interests required for the Project in a timely, efficient manner and at a reasonable cost. Work shall be performed in accordance with Caltrans and RCTC’s Policies and Procedures and applicable Federal, State and local regulations.  Coordinate and manage the acquisition process with RCTC, legal counsel, design team, property owners, and tenants along with the title company, appraisers and other consultants to insure effective cross‐discipline communications.  Review right‐of‐way plans, appraisal reports, title reports, appraisal maps and legal descriptions and all other pertinent documents.  Prepare acquisition offer packages consisting of RCTC’s written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of Amount of Just Compensation, plat maps and legal descriptions, and Title VI Information.  CONSULTANTS acquisition agent will meet personally with each property owner to present RCTC’s purchase offer, explain the project design requirement and inform him or her of RCTC’s right‐of‐way acquisition process.  Negotiate personally in good faith with each property owner, his/her agent or representative and discuss appraisal and valuation of the property interests, gather information from the property for consideration and address any questions or concerns that may arise during the acquisition process.  Establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist pursuant to RCTC’s specifications. DRA F T 267  As may be required to secure Right of Entry Agreements; licenses or permits from property owners for purposes of performing hazardous waste, archeological and other inspections.  Promptly transmit executed documents (acquisition agreements, executed deeds, rental agreements, statements of information, offset statements, and the like) to RCTC for acceptance and processing. A report summarizing the pertinent information relative to the transaction will be included.  Prepare and submit a Letter of Recommendation to RCTC for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and an explanation of the benefits and rationale behind the recommendation.  Escrow Coordination ‐ Coordinate opening of escrows with direction from the project manager, assist the escrow company in obtaining additional documentation as necessary to provide clear title to RCTC, supervise and review the closing of escrows, and review closing statements for completeness and accuracy. We will serve as liaison between the title company, escrow holder, and RCTC. Upon closing of escrow, tax cancelation letters will be prepared for RCTC signature, as necessary, for fee interest acquisitions.  Recommend condemnation action when negotiations have reached an impasse. The required justification will be submitted in writing to RCTC. Our primary goal will be to reach an acceptance of the offer with each property owner. We will work with RCTC in recommending solutions to achieve acceptance of the offer.  Eminent Domain Support – If requested, coordinate with RCTC’s condemnation counsel, as required, to support the condemnation activities until the Resolution of Necessity is adopted and possession is granted by the courts. Litigation support after the hearing for the Resolution of Necessity, such as depositions, mediation appearances and expert testimony, can be provided on a time‐and‐materials basis.  Perform any other normal procedures and processes to implement the acquisition assignment and provide any other supporting information and/or correspondence required by RCTC.  Provide bilingual acquisition agents, if necessary.  Prepare applicable forms, secure property owner’s approval and signature and submit the forms to RCTC for review and acceptance. Upon completion of the acquisition process for each property or property interest, or at project completion, CONSULTANT will provide RCTC with the original acquisition file as well as electronic copy of files for future audit purposes. Assumptions:  The project will require the acquisition of up to 25 partial take parcels. No residential or business relocations are anticipated.  The project involves the acquisition and good faith negotiations for up to 25 affected properties.  25 individual USPAP compliant appraisal reports will be prepared for each acquisition. DRA F T 268  Formal appraisal review reports will be conducted for each of the 25 fee appraisals based upon federal and Caltrans requirements  It is anticipated that the advertising billboard will be impacted by the proposed southbound off‐ramp and require relocation. Further, the cell tower adjacent to the proposed southbound off‐ramp can be avoided.  A right‐of‐way cost estimate will be prepared at 30% and 95% design. Caltrans R/W Data Sheets will not be required.  Property management and debris removal services are not anticipated in the scope of work.  CONSULTANT will participate in bi‐weekly project update meetings with RCTC for up to two years. 4‐7 Updates Special Provisions and Cost Estimate 4‐7.1 Special Provisions CONSULTANT will prepare edited Special Provisions and nSSP’s for Caltrans District and Headquarters’ review. 4‐7.2 Cost Estimate CONSULTANT will update the construction cost estimate based on comments received from Caltrans. Deliverables:  95% Cost Estimate and Specifications 4‐8 Final Constructability Review and Schedule 4‐8.1 Constructability Review CONSULTANT will review the 95% PS&E package for contractor constructability of the SSP’s and nSSP’s and incorporate the requirements as needed. 4‐8.2 Construction Schedule CONSULTANT will prepare a CPM construction schedule in consultation with Commission and Caltrans based on the estimated required working days for project construction. Deliverables:  CPM Schedule Printout and electronic copy 4‐9 Final Agency Agreements CONSULTANT will finalize agreements in coordination with RCTC and Caltrans for project acceptance. 4‐10 QA/QC CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4 QA/QC Plan. DRA F T 269 TASK 5 – 100% PS&E 5‐1 Finalize Plans, Specifications, and Estimate 5‐1.1 Final Roadway, Bridge, Specs, Cost Estimates, Construction Schedule, and ECR CONSULTANT will submit the Final PS&E package to Commission and Caltrans District 8 for final approval. The submittal will only incorporate the applicable previous comments, and no further agency review is anticipated. Electronic copies will be included with the 100% submittal. Deliverables:  Final Project PS&E (Combined Roadway and Structures)  Working day schedules – 2 copies  Final ECR In addition, CONSULTANT will provide electronic version of all plans, special provisions, estimates and schedules (DGN and PDF formats). The final BEES will be provided as a Microsoft Excel file. 5‐2 Finalize Reports CONSULTANT will address any review comments resulting from the Caltrans review and prepare Final Reports for the Project. 5‐3 Resident Engineer File & Materials Handout 5‐3.1 Resident Engineer File CONSULTANT will meet with the Resident Engineer (RE) and functional units and provide the following information for the RE file. This list is not comprehensive, and CONSULTANT shall provide additional information as appropriate:  Permits  Surveying Notes  Geotechnical (GDR) and Foundation (FDR) Reports  Hydrology/Hydraulics Report and calculations  Relevant correspondence and memoranda  Engineering calculations (horizontal and vertical alignments, earthwork quantities, etc.)  Environmental Agreements and Reports  Summary and discussion of Environmental issues  Transportation Management Plan and supplements  Storm Water Data Report  Right‐of‐Way Maps & Agreements  Utility Relocation Plans and Agreements  Working Cross Sections  Bridge four‐scale plans Deliverables:  Electronic version of RE file information. DRA F T 270 5‐3.2 Materials Handout CONSULTANT will prepare materials handout information per Caltrans HDM, Section 111.3 Materials Information Furnished to Prospective Bidders Deliverables:  Material Handouts 5‐4 Environmental Certification Although it is assumed that Caltrans will prepare the Environmental Certification as part of their internal process, CONSULTANT will support Caltrans by providing any needed documentation prepared by the CONSULTANT related to the Environmental Re‐validation and permitting described elsewhere in this scope of work. Copies of documents and/or approval dates to be provided to Caltrans, as requested, for completion of the Environmental Certification 5‐5 Utility Certification CONSULTANT will prepare utility certification package and submit to Caltrans a utility certification form and other required documents in accordance with the Caltrans Right of Way Manuals. Deliverables:  Utility Certification 5‐6 Right of Way Certification CONSULTANT will prepare and submit to Caltrans, and FHWA, if necessary, a right‐of‐way certification form and other required documents in accordance with the Caltrans Right of Way Manual and FHWA requirements. Deliverables:  Right of Way Certification form 5‐7 Paleontological Mitigation Plan CONSULTANT will prepare a Paleontological Mitigation Plan (PMP) that conforms to the requirements outlined in the Caltrans SER Volume 1 Chapter 8 (Paleontology), addresses the mitigation measures and recommendations outlined in the adopted CEQA/NEPA document, and identifies all paleontological tasks and procedures that will be required in order to reduce potential impacts to paleontological resources should they be discovered. The PMP will include project background information and recovery goals; description of when and where paleontological monitoring will be required (with accompanying GIS maps); pre‐construction measures such as a pre‐construction meeting and workers environmental awareness program training (WEAP); monitoring methods and safety requirements; unanticipated discovery procedures to be implemented in the event that fossils are discovered when a monitor is not present; procedures for sampling, fossil and data recovery, and laboratory work (including preparation, identification, and analysis) that will conform to conditions set forth by the designated fossil repository; fossil curation agreement with a certified repository; and weekly, monthly, and final monitoring report requirements. Implementation of any items or measures included in the PMP are not included in this scope of work. DRA F T 271 Deliverables:  Draft and Final Paleontological Mitigation Plan 5‐8 QA/QC CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4 QA/QC Plan. DRA F T 272 TASK 6 – CONSTRUCTION BIDDING PHASE Bidding procedures will be the responsibility of Commission during bid advertisement of the project, CONSULTANT shall prepare a draft response, and forward to Commission for approval. CONSULTANT will refer all questions concerning the intent to Commission for resolution. In the event that items requiring interpretation of the drawings or specifications are discovered during the bidding period, CONSULTANT will inform Commission. Commission will advise CONSULTANT regarding the proper procedure required for analysis of said items. Any necessary corrective action will either be in the form of an addendum prepared by CONSULTANT and issued by Commission, or via a covering change order after the award of the construction contract. 6‐1 Pre‐Bid Meeting CONSULTANT will attend the pre‐bid meeting. 6‐2 Respond to Inquiries CONSULTANT will draft responses to bidders' inquiries as requested and routed through Commission. 6‐3 Addenda CONSULTANT will prepare addenda as requested by Commission. TASK 7 – CONSTRUCTION SUPPORT PHASE Construction of the project will be the responsibility of Commission. During the construction phase, CONSULTANT shall work closely with Resident Engineer (RE) within the budget allotted to assist and advise the RE to minimize construction conflicts and to expedite project completion. This task covers project management services including the requirements for site visits, Document Control, Invoices, Subconsultant coordination, and administration of CONSULTANT’s work. Assumptions:  It is anticipated that the construction duration is 24 months. 7‐1 Pre‐Construction Meeting and Partnering Workshop CONSULTANT will attend the pre‐construction meeting. CONSULTANT will attend a partnering workshop as requested by Commission. 7‐2 Shop Drawing, Submittal Review and Respond to Inquires CONSULTANT will review submittals and shop drawings. The review of shop drawings shall include bridge working drawing submittals, construction contractor's submittals for substitutions, construction contractor's alternative construction approval, steel layout for structures, independent check of construction contractor's falsework submittal and others as requested by the Resident Engineer. In the case contractor or Commission requested revisions, CONSULTANT shall furnish additional and/or revised drawings necessary for corrections. DRA F T 273 Assumptions:  It is anticipated that 10 reviews will be required. 7‐2.1 Site Visits/Construction Meetings CONSULTANT will visit the job site and attend meetings requested by Commission. Assumptions:  It is anticipated that 10 meetings will be required. 7‐2.2 Additional Drawings at Commission Request If requested by Commission, CONSULTANT will prepare additional drawings and change order‐supporting documents. Any such additional drawings constitute extra work; therefore, prior approval from Commission is required. Any such additional engineering services, drawings, or change order documentation prepared prior to receiving the required approval will be at CONSULTANT’s risk and expense. Assumptions:  It is anticipated that 1 additional new sheet will be required. 7‐2‐4 Respond to Inquiries/RFIs CONSULTANT will draft responses to contractor inquiries and RFIs as requested by the Resident Engineer. Assumptions:  It is anticipated that 8 RFI’s will be required. 7‐3 Change Order Reviews and Processing CONSULTANT will review proposed change orders, draft change order language and make recommendations as requested by Resident Engineer. If said changes are necessary as a direct result of design errors and omissions, CONSULTANT shall prepare and/or review contract change orders at no additional cost. Commission Responsibilities:  Inform Design Consultants of field changes and Contract Change Orders (CCOs)  Prepare and maintain as‐built mark‐ups in the field. Assumptions:  It is anticipated that 4 CCO will be required. 7‐4 Prepare/Review SWPPP 7‐5 Right of Way Construction Support CONSULTANT will provide RCTC support during construction for Right of Way Services. DRA F T 274 Assumptions:  During the project closeout phase, the project will require the disposition of up to 5 excess parcels. 7‐6 QA/QC CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4 QA/QC Plan. TASK 8 – PROJECT CLOSEOUT 8‐1 Develop Final Record As‐Built Drawings The Commission will be responsible for maintaining field as‐built plans, noting any variation between the plans and the actual construction. These marked up plans will be provided to the CONSULTANT and form the basis for the development of the Final record drawing PS&E. 8‐1.1 As‐Builts CONSULTANT will be responsible for preparing as‐builts plans, signed and stamped by CONSULTANT and submitted to Commission. 8‐1.2 Deliver Project Files CONSULTANT will provide pertinent project records to Commission. Documents shall be organized in accordance with the Caltrans Uniform Filing System. 8‐2 Monument Perpetuation Survey and Record of Survey Post‐Conditions Record of Survey: Upon the substantial completion of construction, monuments will be set by CONSULTANT to perpetuate those monuments identified on the pre‐condition record of survey and destroyed during construction and new monuments to identify the new right of way established during the project. This post conditions record of survey will be prepared to document the new right of way acquired for the project, monuments set and reset, and the prior information included on the pre‐existing record of survey. The record of survey will be prepared in accordance with the Professional Land Surveyors Act and County of Riverside requirements. Legal Descriptions and Plats: CONSULTANT will prepare legal descriptions and plats to support the transfer of property between RCTC and Caltrans. The Legal descriptions will be prepared in accordance with Caltrans District 8 right of way standards. Upon substantial completion of construction, any monuments identified on the Before Conditions Record of Survey that were destroyed by construction will be reset. In addition, the new Caltrans right of way will be monumented. An After Conditions Record of Survey will be prepared to document the changes in right of way and the newly set or reestablished monuments. This Record of Survey will meet the requirements of PLS Act 8771. It will be filed with the Riverside County Surveyor’s Office. DRA F T 275 Deliverables:  Record of Survey in PDF format  Legal Descriptions\Plats in PDF format Assumptions:  Ten (25) legal descriptions and plats are included for various acquisition purposes. 8‐3 Transfer Deeds CONSULTANT will transfer final deeds as required by final right of way determination. 8‐4 QA/QC CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4 QA/QC Plan. SCOPE OF WORK NOT INCLUDED Task 3‐8 Geotechnical Reports (Pavement Deflection Study) It is assumed that any widened pavement on the local roads connecting into the new pavement along Franklin Street will utilize the existing pavement section or better. It is not anticipated that a Pavement Deflection Study is required to upgrade and reconstruct the roadway. Task 3‐13 New Connection Report It is assumed that a New Connection Report is not required. The geometry for the location of the gore points along the mainline I‐15 for the new interchange ramps have not modified since the New Connection Report was approved as part of the original PA&ED document and is not anticipated to need revision. DRA F T 276 17336.00001\41663366.1 B-1 EXHIBIT “B” COMPENSATION PROVISIONS [attached behind this page] DRA F T 277 FIRM PROJECT TASKS/ROLE COST HDR Engineering PS&E Services 5,755,070.00$ David Evans and Associates Landscaping and Irrigation 443,435.00 Earth Mechanics Geotechnical 285,715.00 Fehr & Peers Traffic Analysis and Electrical Design 514,144.00 Group Delta Consultants Hazardous Materials 86,622.00 Guida Surveying Survey and Right of Way Engineering 496,515.00 ICF Jones & Stokes Environmental 445,201.00 Monument ROW Real Estate/Right of Way 261,433.00 8,288,135.00 471,270.00 8,759,405.00$ TASK NUMBER TASK DESCRIPTION COST Task 1 Project Management 584,812.00$ Task 2 30% PS&E 1,272,311.00 Task 3 Draft PS&E (60%) Submittal 3,208,340.00 Task 4 Initial PS&E (95%) Submittal 1,776,308.00 Task 5 Final PS&E (100%) Submittal 1,093,741.00 Task 6 Construction Bidding Phase 38,231.00 Task 7 Construction Support Phase 119,984.00 Task 8 Project Closeout 194,498.00 8,288,225.00 471,270.00 8,759,495.00$ OTHER DIRECT COSTS EXHIBIT "B" COMPENSATION SUMMARY1 Prime Consultant: Sub Consultants: SUBTOTAL TOTAL COSTS SUBTOTAL OTHER DIRECT COSTS 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. DRA F T 278 I-15 FRANKLIN STREET INTERCHANGE PROJECT PLANS, SPECIFICATIONS & ESTIMATES COMMISSION MEETING FEBRUARY 14, 2024 1 DAVID LEWIS CAPITAL PROJECTS MANAGER I-15 Franklin Street Interchange Project Background Information 2 •Phase II, originally a part of I-15 Railroad Canyon Interchange Project (Phase I) - Completed Fall 2022 •Earmarked $12,500,000 in Transportation Uniform Mitigation Fee (TUMF) and Local City funds towards: 1)I-15 Franklin St Interchange PS&E Services •Project Benefits: Relieve existing traffic congestion Improve overall operation of interchange and surrounding streets Accommodate projected future traffic flow and movement I-15 Franklin Street Interchange Project 3 Scope of Work Concept Drawing – Not for Construction •New Franklin Street interchange, •New four-lane overcrossing, •Auxiliary lanes to Railroad Canyon Road and Main Street, •Realignment and improvement of Auto Center Drive, •Existing Franklin Street overcrossing south of new interchange will be protected in place, •ADA compliant pedestrian and bicycle facilities on Franklin St. New Franklin St. Interchange Existing Franklin St. Overcrossing I-15 Franklin Street Interchange Project 4 Procurement Process •I-15/Franklin St IC PS&E RFQ No. 24-72-028-00 for PS&E issued on September 21, 2023; •Pre-submittal meeting held on October 5, 2023, and attended by 18 firms; •Statement of Qualifications Provided by: HDR, T.Y. Lin International, and TranSystems Corporation; •Evaluation Committee: RCTC, Bechtel,City of Lake Elsinore, and Caltrans; •Interviews were held for shortlisted firms on November 29, 2023; and •HDR earned the highest score on written & interview evaluation I-15 Franklin Street Interchange Project 5 Final Design Contract •HDR to provide PS&E services as Prime consultant •HDR Contract: $8,759,405 plus contingency of $875,941 (10%) for a total amount not to exceed $9,635,346. •Estimated Schedule: 28 months / March 2024 – June 2026 I-15 Franklin Street Interchange ProjectFiscal Impact 6 Item Dollar Amount Fund Source 1 PS&E $9,635,346 Local City Total $9,635,346 I-15 Franklin Street Interchange Project Recommendation 7 1)Award Agreement No.24-72-028-00 to HDR Engineering Inc.for PS&E for the I- 15 Franklin Street Interchange Project for a 3-year term in the amount of $8,759,405,plus a contingency amount of $875,941,for a total amount not to exceed $9,635,346; 2)Authorize the Chair or Executive Director,pursuant to legal counsel review,to finalize and execute the agreement,on behalf of the Commission;and 3)Authorize the Executive Director,or designee,to approve contingency work up to the total not to exceed amount as required for these services. QUESTIONS 8 2023Making Strides Celebrated 30 years of Freeway Service Patrol service and over 1 million assists since inception Recorded 17.5 million 91 Express Lanes trips and 27.2 million 15 Express Lanes transactions Supported up to 12 monthly vanpools during peak growing seasons with safe and reliable transportation to harvest areas in Riverside County Marked 6 years of service for Riverside County 91 Express Lanes Fulfilled more than 15,000 commuter requests for car/vanpool matches, transit options, and IE Commuter incentive information Started construction on 1 interchange project: 71/91 Interchange Project Total value of projects under construction: $137 million Completed the 15/91 Express Lanes Connector project Approved $143.9 million in Measure A funding for 285 local road projects Helped 56,043 motorists in need with Freeway Service Patrol and call box service Approved $307.7 million in funding for 7 local bus systems, passenger rail and 15 specialized transit services. This includes $32.3 million of Measure A funds Continued construction of Moreno Valley/March Field Station Improvements Project Awarded $500,000 for Service Development Plan and included in federal Corridor ID Program for Coachella Valley Rail service Supplemented transit network in Riverside County with nearly 40 subsidized VanClub vanpools reducing 52,000 single occupancy trips and nearly 2 million vehicle miles traveled Increased @therctc social media presence to 13,496 Facebook followers, 1,769 Twitter (X) followers, and 3,845 Instagram followers Expanded rctc.org website visits to an average of 99,105 per quarter Posted 46 stories to The Point blog and distributed 29 news releases Assisted 983,888 web visitors and 69,002 callers with real-time traffic, transit, and rideshare information through 511 service Secured 1,213 text message subscribers and 6,703 newsletter subscribers Attended 38 community events to promote Metrolink service in Riverside County Recruited 14 RCA Stakeholders Committee members Presented at 16 schools and community groups to promote rail safety and the Operation Lifesaver Program Supported more than 1,100 regional employers with ridesharing programs Supported 5 transit agencies in preparing zero-emission plans Reduced 10.7 million pounds of vehicle emissions through IE Commuter and VanClub programs Managed Western Riverside County Regional Conservation Authority and preserved habitat for 146 native animal and plant species Added 1,120 acres of protected habitat to the Multiple Species Habitat Conservation Plan for a total of 415,079 acres—83% of the 500,000 acres needed to complete the reserve Conducted numerous construction/maintenance projects across the 9 Riverside County Metrolink stations Protecting our Environment RCTC is on the go – advancing transportation improvements for communities across Riverside County. 2023 was a year of great strides, from breaking ground on the 71/91 Interchange Project and opening the 15/91 Express Lanes Connector, to commemorating 30 years of Freeway Service Patrol and receiving grant funding that will keep our region moving. Thanks to the twice voter-approved Measure A, RCTC provided critical funding for transit and passenger rail services, local roads, and highway projects. Covering more than just transportation, RCTC serves as the managing agency for the Western Riverside County Regional Conservation Authority and has worked to conserve 1,400 acres of habitat in the last year alone to preserve our region’s iconic landscapes. Every step forward has been a reflection of the input provided by Riverside County communities and their voices will continue to help RCTC shape and deliver the multimodal and interconnected transportation system they need to thrive. Awarded nearly $27 million in federal and state grant funding for land acquisition and conservation Maintained 174,000 accounts for 91 Express Lanes customers and 17,000 accounts for 15 Express Lanes customers Submitted grant application for Mid County Parkway Ramona Expressway wildlife crossing Awarded $11 million in Regional Early Action Planning Grants to address traffic congestion, pollution, and equity across Riverside County Began environmental and engineering studies for the 91 Eastbound Corridor Operations and Perris Valley Line Double Track Project; continued studies for I-15 projects and I-10 Highland Springs Avenue Interchange Project Awarded $15.5 million for the Metrolink Double Track Project on 91/Perris Valley and $44.5 million for Mid County Parkway Ramona Expressway Investing in Our Highways and Roads Improving Our Public Transit System Advancing Transportation Projects Offering Drivers Choices Engaging with Residents RCTC.org Awarded $86.5 million construction management contract to start on the 15 Express Lanes Southern Extension Project Awarded $135 million in Regional Arterial Program Funding to 18 projects Avances importantes en el 2023 Se celebraron 30 años de la Patrulla de servicios de autopistas, y más de un millón de auxilios desde su inicio Se llevaron a cabo 17.5 millones de viajes sobre los carriles exprés del 91, y 27.3 millones de transacciones sobre los carriles exprés del 15 Se apoyaron a más de 12 viajes compartidos cada mes durante las temporadas de crecimiento pico con transporte seguro y confiable a áreas agrícolas en el Condado de Riverside Se celebraron 6 años de servicio de los carriles exprés del 91 del Condado de Riverside Se cumplieron más de 15,000 peticiones por parte de los viajeros. Estas incluyen solicitudes para participar en viajes compartidos y recibir información sobre las opciones de transporte y los incentivos del programa IE Commuter Se inició construcción de un proyecto de enlace de carreteras: el proyecto Intercambio 71/91 Valor total de los proyectos bajo construcción: $137 millones Completó elCarriles expresos 15/91Proyecto conector A través de la Medida A, se han aprobado $143.9 millones para proyectos de carreteras locales Se brindó ayuda a 56,905 conductores a través de la Patrulla de servicios de autopistas y el servicio telefónico en las autopistas Se aprobó $307.7 millones en financiación para 7 sistemas de camiones locales, servicio ferroviario y 15 servicios especializados de transporte. Esto incluye $32.3 millones por parte de la Medida A Continúa la construcción del proyecto de mejoras de la estación Moreno Valley/March Field Se otorgó $500,000 para el Plan de desarrollo de servicios y el programa Corredor ID con enfoque en el servicio ferroviario del Valle de Coachella Se suplementó la red de transporte en el Condado de Riverside con casi 40 camionetas VanClub para el viaje compartido con el propósito de reducir 52 mil viajes de una sola persona. Casi 2 millones de millas vehiculares recorridas Incrementó la presencia de @therctc en los medios sociales a 13,496 seguidores en Facebook, 1,769 en Twitter y 3,845 en Instagram Incrementaron las visitas al sitio web de rctc.org a un promedio de 99,105 por trimestre Se publicaron 46 historias en el blog The Point, y se llevaron a cabo 29 comunicados de prensa Se brindó ayuda a 986,423 visitantes al sitio web y a 69,738 interlocutores con información en tiempo real sobre el tráfico, el transporte y los viajes compartidos a través del servicio 511 Se apuntaron 1,213 suscritores al servicio de mensajes de texto, y 6,703 al boletín Se asistió a 38 eventos de publicidad para promover el servicio Metrolink en el Condado de Riverside Se reclutaron 14 miembros para el Comité de partes interesadas del RCA Se llevaron a cabo 16 presentaciones a escuelas y grupos comunitarios para promover la seguridad ferroviaria y el programa Operación salvavidas Se brindó apoyo a más de 1,100 empleados regionales con programas de viajes compartidos Se apoyaron a 5 agencias de transporte con la preparación de planes de emisión cero Se eliminaron 10.7 millones de libras de emisiones vehiculares a través de los programas IE Commuter y VanClub Se llevó a cabo la administración de la Autoridad de conservación regional del oeste del Condado de Riverside y la conservación de hábitats de 146 especies nativas de plantas y animales Se agregaron 1,120 acres de hábitats protegidas a través del plan Conservación de hábitats de múltiples especies con un total de 415,079 acres — 83% de los 500,000 acres necesarios para terminar la reserva Se llevaron a cabo proyectos de construcción y mantenimiento de 9 estaciones Metrolink Protección a nuestro medio ambiente RCTC sigue en movimiento, avanzando con las mejoras de transporte para las comunidades del Condado de Riverside. El 2023 fue un año de grandes avances, desde el inicio del proyecto Intercambio 71/91, la inauguración del Conector exprés 15/91, la conmemoración de 30 años de la Patrulla de servicios de autopistas, y la financiación mediante subvenciones que mantendrán la región en movimiento. Gracias a la Medida A aprobada por los votantes, RCTC ofrece financiación crítica para los servicios de transporte y ferroviarios, las carreteras locales, y proyectos de autopistas. RCTC no solo se enfoca en el transporte, sino también es la agencia administradora para la Autoridad de conservación regional del oeste del Condado de Riverside, y ha trabajado para conservar 1,400 acres de hábitat en el último año y así conservar paisajes icónicos de la región. Cada paso hacia adelante ha sido una reflexión de aportaciones recibidas por las comunidades del Condado de Riverside. Sus voces continuarán ayudando a RCTC a desarrollar y compartir el sistema de transporte interconectado y multimodal que se necesita para prosperar. Se otorgó casi $27 millones en subvenciones estatales y federales para la compra y conservación de tierras Se gestionaron 173,000 cuentas para los clientes de los carriles exprés del 91, y 17,000 cuentas para los clientes de los carriles exprés del 15 Se presentó una solicitud de subvención para el cruce de la fauna silvestre de la autopista Mid County Parkway Ramona Se otorgó $11 millones en subvenciones para la Planificación temprana de actividades regionales para abordar la congestión de tráfico, la contaminación, y la equidad a través del Condado de Riverside Se iniciaron los estudios ambientales y de ingeniería para el proyecto Operaciones del corredor este del 91 y continúan los estudios para los proyectos del I-15 y del Intercambio I-10 Highland Springs Avenue Se otorgó $15.5 millones para el proyecto Metrolink Double Track sobre el 91/Valle Perris y $44.5 millones para la autopista Mid County Parkway La inversión en nuestras autopistas y carreteras Mejoras en nuestro sistema de transporte público Avanzar proyectos de transporte Ofrecer opciones a los conductores Interactuar con los residentes y las partes interesadas RCTC.ORG/ES Se otorgó un contrato de $86.5 millones para iniciar la construcción del proyecto Extensión sur de los carriles exprés del 15 Se otorgó $135 millones a 18 proyectos a través del programa Regional Arterial RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL FEBRUARY 14, 2024 Present Absent County of Riverside, District I X  County of Riverside, District II X  County of Riverside, District III X  County of Riverside, District IV X  County of Riverside, District V  X City of Banning  X City of Beaumont  X City of Blythe X  City of Calimesa  X City of Canyon Lake X  City of Cathedral City X  City of Coachella  X City of Corona X  City of Desert Hot Springs X  City of Eastvale X  City of Hemet X  City of Indian Wells X  City of Indio X  City of Jurupa Valley X  City of La Quinta X  City of Lake Elsinore X  City of Menifee X  City of Moreno Valley X  City of Murrieta X  City of Norco X  City of Palm Desert X  City of Palm Springs X  City of Perris X  City of Rancho Mirage X  City of Riverside  X City of San Jacinto X  City of Temecula X  City of Wildomar X  Governor’s Appointee, Caltrans District 8 X  RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN -IN SHEET FEBRUARY 14, 2024 NAME A ENCY EMAIL ADDRESS /f Ceittibv-c1 J , A7A,16/:.-- i, q,, -7, - FkA'r 1i J fir' 4-1 titer), e 6r1L ' Z-ert C' 0 ~6 ilk �..,( '//z Lien He -Z.0 .� t ._ e cer 1- HO B- 5 iw . 7� L11e� ` 4.7 -1. -1-1•s-\. -''(2-t,‘(‘-7 ,,,C='S JC?S B /(1- Z l tt4MPT� Mom' ' F" < � ,f 4/ . { . -c f T 'S - ,,,,, w,lC / ',? r /,,ri)Af arti / j-/ grgi/' P-.1 (N -1.C. giP�- 12-AV CO- i ' ~7' : ` i ..'t f 5$d'n 2 0jeaG Ca i7f-wl s t--- 131) 10‘1,,,ee— - f I-� /1/1J,Ci'ry /fl/ P, .. -72.44-...s f4a,, 6afflcsm^ Znivy r et /) - 0SErll fry../ r' Rio"' /Id ar-o-/ ',/ ►V0 y t fiaew u er)) ei4 giD i) (,e'--2 /-2-0o c1/4-462ac-tuo Li/11-'Gt— ---( Avy SrON, 1;HrN e;f1/421 4-7-r_ i,14-, \) (-,,40.43,(-- ---___ 44 AS c. l.— ,ThZ--C4 1\ - ae, yrk 6 -f eli't -eC�, i 9 TO: Riverside County Transportation Commission FROM: Lisa Mobley, Administrative Services Director/Clerk of the Board DATE: February 7, 2024 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. 6D – Amendment to Agreement with Nossaman LLP for On-Call Strategic Partnership Advisor Services for the Interstate 15 Express Lanes Project Southern Extension Consultant(s): Nossaman LLP Corey Boock, Partner 777 S. Figueroa Street, 34th Floor Los Angeles, CA 90017 Agenda Item No. 10 – Agreement for Plans, Specifications, & Estimates for the Interstate 15 Franklin Street Interchange Project Consultant(s): HDR Engineering, Inc. Wei Koo, Senior Vice President 2280 Market Street, Suite 100 Riverside, CA 92501-2110 From:Tara Byerly To:Alexandra Rackerby Subject:FW: RCTC: Date festival schedule Date:Thursday, February 15, 2024 8:00:01 AM Attachments:Schedule RivCo Fair and National Date Festival.pdf Map Riverside County Date Festival.pdf Parade Invite 2024 - FINAL.pdf image001.png image003.png image005.png image007.png image009.png image011.png image013.png image002.png image004.png image006.png image008.png image010.png image012.png image014.png Hello Allie! Can you please add the email that was emailed to the Commissioners to the February 14 Commission Agenda packet for record? Thank you, Tara From: Lisa Mobley <LMobley@RCTC.org> Sent: Thursday, February 15, 2024 7:33 AM To: Lisa Mobley <LMobley@RCTC.org> Subject: RCTC: Date festival schedule Good morning Commissioners, As a follow-up to comments made by Supervisor Perez at yesterday’s meeting, attached please find the schedule for the Riverside County National Date Festival Grand Opening Ceremony, President’s Day Breakfast & Parade, and Veteran’s Ceremony. Also attached is a map of the fairgrounds and the parade invitation. Thank you, Lisa Lisa Mobley Administrative Services Director/Clerk of the Board Riverside County Transportation Commission 951.787.7141 W |951.787.7960 C 4080 Lemon St. 3rd Fl.| P.O. Box 12008 Riverside, CA 92502 rctc.org | wrc-rca.org Q TICKETS El ATM MACHINES © PONY RIDES El SOUVENIRS BARS RESIROOMS 0 INFORMATION SECURITY El FIRST AID RIYLRSIDE COUNTY EAR • Y R NAbNQ DA[ tI$1114I RrUIRRRPARY 16-2i, 20:11 DAT!PEST.ORG CARNIVAL KIDS RIDES STAGES EXHIBITS ANIMALS 1 1 1 Os *** PLEASE JOIN US FOR THE :rESIDENTSv DAY PARADE BREAKFAST MONDAY, FEBRUARY `I9, 2024 * 7:00AM Shuttle for parade dignitaries from Fairgrounds to parade line-up starts at 8:15 A.M. Riverside County Fairgrounds Shalimar Building 46350 Arabia Street, Gate 4 Indio, CA 92201 Please RSVP to FMEvents@rivco.org by Feb. 15 ***** SPONSORED BY: ***** E RIVERSIDE COUNTY FAIR‘ --SA- , NATIONAL DATE II N 0110 FASNTASY I'S PRINGS Friday, February 16th –2:30 PM Riverside County Fair and National Date Festival Grand Opening Ceremony Gate 1 on Highway 111 82-503 CA-111, Indio, CA 92201 Monday, February 19th - 7:00 AM Presidents’ Day Breakfast & Parade Gate 4 on Arabia Street Breakfast in the Shalimar 46350 Arabia St. , Indio, CA 92201 9:00 a.m. Parade Step off (Shuttle for parade dignitaries from Fairgrounds to parade line-up starts at 8:15 a.m.) Wednesday, February 21st - 5:00 PM Veterans Ceremony At the Taj Mahal Courtyard For questions or more information, please contact: Pat Cooper, Supervisor Perez’s Deputy Chief of Staff Cell: 760-774-4830 * E-Mail: PCooper@rivco.org Riverside County Fair and National Date Festival From:Tara Byerly To:Alexandra Rackerby Subject:FW: RCTC: Opened Recruitment for New CSTAC Members Date:Tuesday, February 20, 2024 7:23:36 AM Attachments:image001.png image002.png image003.png image004.png image005.png Hey Allie, Can you please include this email in the February Commission Agenda Packet for Record? Thank you, Tara From: Tara Byerly Sent: Thursday, February 15, 2024 1:51 PM To: Tara Byerly <TByerly@rctc.org> Cc: Lisa Mobley <LMobley@RCTC.org> Subject: RCTC: Opened Recruitment for New CSTAC Members Good Afternoon Commissioners, At the February 14, 2024 Commission meeting, it was announced that staff has opened recruitment for new Citizens and Specialized Transit Advisory Committee (CSTAC) members. We are seeking a broad spectrum of social service providers and the general public to represent older adults, persons with disabilities, and persons of limited means. The CSTAC 2024 application is now available on our website at: https://www.rctc.org/cstacapplication/. The webpage provides a brief CSTAC overview and how to apply. If you know of individuals that would be interested in applying for the CSTAC, please forward the webpage link above or provide us their contact information. We would be happy to follow up with any interested individuals. The application deadline for this round of recruitment is Wednesday, March 27, 2024. Please note that the Transportation Development Act PUC 99238 requires the Commission to establish a Committee that meets, at minimum, the following requirements: 1. One representative of potential transit users who is 60 years of age or older. 2. One representative of potential transit users who is disabled. 3. Two representatives of the local social service providers for seniors, including one representative of a social service transportation provider, if one exists. 4. Two representatives of local social service providers for the disabled, including one representative of a social service transportation provider, if one exists. 5. One representative of a local social service provider for persons of limited means. 6. Two representatives from the local consolidated transportation service agencies, including one representative from an operator, if one exists. The Commission will be seeking candidates that fulfill the requirements listed above and represent the diversity of the County. As part of the noticing and outreach process, we will continue to reach out to our networks and post information on our website and social media channels. Thank you, Tara Byerly Deputy Clerk of the Board Riverside County Transportation Commission 951.787.7141 W |951.787.7906 F 4080 Lemon St. 3rd Fl.| P.O. Box 12008 Riverside, CA 92502 rctc.org